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HomeMy WebLinkAboutSOLOMON, ALAN 7bOT OWN OF NORTH A N D O V E R �� MASSACHUSETTS'` of O Any `�'•°'s..'s• ,9' isSACNUSE{ within(20)days after the data of filing of"'folic* Inthe t ►ofd%VMn NOTICE of DECISION CIWL Date. July.2.r. .1g$$. . . . . .. . . . . . . Date of liearingJ4ly. 21,° ,4P8. . . Petition,of . . , . Alan. D.. . . . . . . . . . .Partner!. N.A.. Associates .c/o. ADS Management ke Premises affected . . . . .. . . . .Salem Tu. . .. . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . .NQ4 h. Anc1Qver..Z&oia7.nq. Aylaw... .Sectzon -8.3. Sate.P1a1..Revie% . . . . . so as to permit . . . . -45# o. .sq.f t.... .4 .story nursing andretirement center . , . . . .. .. . . . . . . . . . .. . .. .. . . . . . . . . . .. . .. . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY ob to .APPROVE. . . . . . .the . . .$1TA .R&-aN. RAVIBW. . . . . . . . . . . . .. . . .. . . . . . . . . .. . . . . .. . based upon the following conditions: I . Signed cc: Director of Public Works Paul A. Hedstrom, Chairman Board of Public Works . . . . .. • • • • " '" " " " " " " " • Highway Surveyor John Simons, Clerk Tree Warden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Erich i�' Board of Health . .• }t+��•qe•• • • • ° • • • • • •• " Assessors Michael Leary Conservation Commission Police Chief Fire Chief , File .. • . .. . •1}tti . . Bosirc�. .• . . • . . Applicant, Engineer, Interested Parties g OFA :ES 0E Town Of i 20 Main street ,> '* ndover, AI t EALS ; ; NORTH ANDOVER R S ' ISetIS 01845 t c II DINGj �t4' CONSERVATION SOH DIVISION OF � ( j( 47/5 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMEr ' ` KAREN H.P. NELSON, DIRECTOR JUL 25p J '88 July 21 , 1988 Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 RE: ADS Management, Site Plan Review through the Special Permit Process Dear Mr. Long: The North Andover Planning Board held a public hearing on June 16, 1988 in the Town Hall, Selectmen's Meeting Room upon the application of Ail-an D. Solomont, Partner, N.A. Associates, c/o ADS Management, Inc. , 360 Merrimack Street, Lawrence, MA. The hearing was duly advertised in the Lawrence Eagle Tribune on May 31 and June 7, 1988. The following members were present Paul A. Hedstrom, Chairman; John L. Simons, Clerk and Erich Nitzsche. Absent were George Perna and Michael Leary. John Simons read the legal notice to open the public hearing. Due to the fact that the Board lacked a quorum, John Simons made a motion to continue the public hearing until June 30, 1988. The motion was seconded by Erich Nitzsche and voted unanimously by those present. On June 30, 1988, the Planning Board continued the public hearing on ADS Management. The following members were present and voting: Paul A. Hedstrom, Chairman; George Perna, Vice- Chairman; John Simons, Clerk; Erich Nitzsche and Michael Leary. John Simons read letters from Mass. D.P.W. , Board of Health, the Fire Department and the Building Inspector. John A. James, attorney for the applicant spoke to the Board and introduced Mr. Jeff Lewis and Mr. David Dunlop. Joe Borgesi also spoke to the Board giving them background on the project and citing that State and local Boards have reviewed the project. Mr. Dunlop passed out packets to the Board members on the site plan. The purpose of the Site Plan is to review the proposal to construct a 142 bed, 85,200 sq.ft. , 4 story nursing and retirement center on 4.2 acres on the West side of Route 114 near Berry Street in a Village Residential (VR) Zoning District. Accessed from Route 114, the project would have on-site septic system and a dry sewer. The applicant has met with the Technical Review Committee. Ono Page 2: Shoe box type lighting will be used. Questions were raised about the height of the building - 4 stories vs 35 feet. The mean average height of the building is 161.34. Erich Nitzsche asked Scott Stocking, Town Planner, what the bylaw stated. Scott said the the bylaw stated mean. State D.P.W. said an acceleration lane was needed. Questions were also raised on the septic system not complying with Title V and also the drainage calculations. The septic system will be reviewed by the Board of Health. Bill Hmuricak, D.P.W. , will go over the drainage calculations with Joe Borgesi. A motion was made by John Simons to close the public hearing and take the matter under advisement, seconded by Michael Leary and voted unanimous by the Board. on duly 21, 1988, the Planning Board held a regular meeting. The following members were present and voting: Paul A. Hedstrom, Chairman; John Simons, Clerk; Erich Nitzsche and Michael Leary. George Perna was absent. A draft decision was presented to the Board by the Town Planner, Scott Stocking. After a brief discussion, amendments were made to Conditions #2.3, #7 and #8. A letter was received and read from the D.P.W. and their concerns will be incorporated into the decision. Also added was a condition that states that "No Certificate of Occupancy before the Planning Board receives the As-Built Plans. A motion was made by John Simons to approve the decision as written and amended, seconded by Michael Leary and voted unanimously. Sincerely, NORTH ANDOVER PLANNING BOARD Paul A. Hedstrom, Chairma i cc: Director of Public Works Board of Public Works Highway Surveyor Tree Warden Board of Health Building Inspector Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer Filez?�rM Interested Parties ��rrnn r r»s�C p G rn rn,KC2,ss Nursing and Retirement Center of The Andovers av~ Special Permit - Site Plan Review Conditional Approval The Planning Board makes the following findings regard th,i112 application for a Special Permit as required under Sec 1 of the Zoning Bylaw. A. The specific site is an appropriate location for such a use, structure, or condition; B. The use as developed and conditioned in this decision will not adversely affect the surrounding neighborhood; C. There will be no nuisance or serious hazard to vehicles or pedestrains; D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; E. The Special Permit application before us is in harmony with the general purpose and intent of this Bylaw. The Planning Board makes the findings as required under Section 8.35 that the site plan generally complies with Town Bylaw requirements and still .requires additional approvals from State agencies. Therefore, in order to fully comply with the approvals necessary to construct the facility as specified in this special permit before us the Planning Board hereby grants a special permit to the applicant provided the following conditions are met: I. Conditions to be met prior to the plans being endorsed by the Board and recorded with the Registry of Deeds Office: 1. The proposed access design for this site from Route 114 shall be approved by the State DPW. 2. The proposed radius for the acceleration lane shall be revised to allow vehicles to turn into the lane without entering the traffic lane of Route 114. 3 . Certificate from the Board of Health that the septic system design meets Title V requirements. 4. Revised set of drainage calculations be supplied and approved by DPW. i 5. The site plan shall be revised to show the following conditions received from DPW: a. The proposed dry sewer should be extended to the edge of the State Highway layout and a manhole should be installed at that location. The invert of the sewer in the manhole should be the highest elevation possible without conflicting with other on-site utilities. b. A separation of 10 feet shall be maintained between the water and sewer pipes. C. The proposed hydrant near the entrance to the property should be installed on the east side of the water main. d. At the rear of the building, the proposed water main should take a more direct route toward its terminus in order to eliminate unnecessary bend. The proposed hydrant at the rear of the building should not be installed adjacent to the dumpster. e. The proposed 7 foot radius at an intersection angle of 30° will make it difficult for traffic to exit easterly onto Route 114. The final radius design for the driveway shall be approved by the Board. f. Suitable erosion control measures should be provided on-site to mitigate the potential for damage to the area at the outfall of the existing state drainage. g A complete set of approved plans with up-to-date revisions must be on file at the Department of Public Works prior to issuance of any permits for this site. 6. Revised landscaping plan to be submitted and approved by the Board which shows additional plantings including, without limitations, the following: a. Junipers shall be placed along all parking areas in order to screen the areas from Route 114 and adjacent properties. The vegetation shall screen the parking areas with four season screening. b. Four ( 4 ) additional shade master locus trees shall be planted along the six (6) space parking area adjacent to the main entrance. C. Additional trees and shrubs shall be planted in the picnic area adjacent to the building. d. The area along the northwesterly boundary to remain undisturbed to the extent possible. The area disturbed to construct the fire access in the area shall be reforested with pine trees upon the completion of the structure in a manner acceptable to the Board. e. The retaining walls which are visable on the outside of the structure in front of the building shall be treated with wood, stone or other material and shall not be exposed concrete. The retaining areas and berms shall be landscaped with low lying shrubs. 7. Extend the sidewalk in the front of the building to the existing house and adjacent to the ambulance space. 8. Certificate needed, received from the Department of Public Health for the Nursing Center. ,#0d Zo II . The following conditions shall be filed with the Registry of Deeds Office and adhered to by the Special Permit before us: a. Building shall meet all NAFD requirements related to fire safety. b. An erosion control plan to be utilized during construction shall be submitted to the Planning Board prior to construction. C. All permits from the State DPW for work within Route 114 shall be obtained prior to any construction activitywithin the right-of-way. d. All conditions placed on this development by the Board of Appeals decision issued October 27, 1987 shall be met by this development. e. The existing house will be utilized as administrative offices for the facility as indicated on the site plan before , us. The building is a structure of historic interest and shall not be razed. f. No Certificate of Occupancy shall be issued prior to a certified As-Built Plan is presented and accepted by the Board which verifies that the project was constructed as shown in the plan cited and contained in this decision. The following plans shall be deemed a part of this decision: Plans prepared by David H. Dunlop Associates, Inc. Entitled Nursing and Retirement Center of the Andovers Plan A-5 dated 5,/6/88, revised 6/15/88 Plan SP-1 dated 6/16/88 Utility Plan of Land for ADS Management prepared by J.J.B. Associates Dated 5/6/88 no Im a3AO0NV HIVON AH313 %MOI ONO 131NVO QW330 i b filed M"��:r Anl aoh�:a? `��'°'�i e the f., 'fler �cNu��' wit� m Town r— TOWN OF NORTH.ANDOVER in the Office of tne MASSACHUSETTS Clerk. BOARD OF APPEALS " N ws.GC � a 1, NOTICE OF DECISION Alan D. Soeumont, Partner North Andover Associates Date October 27, 19$7. . 360 Merrimack St. , Bldg. 5 Lawrence, MA 01843 Petition No.. . . .90'88 . . . . . . . . . . . . Date of gig. .October. P.P. 19$7 petition Alan D. olomont� Partner= North.Andoyer Associate. . . . . . Promises affected . . . . ., . 1803 .Salem. , Turngike,. Route, !!A Special Permit Referring to the above petition for a WKIM fim the requirements of the . $Acti.4n. 4,. Pa;agraph 4.121(14), and Section 10.22, 10.3 and 10,31 of the Zoning Bylaws so as to permit . . .,.construction. and. .use.of. a .nursing .home.orx .the.prem aes.located;. at 1803 Salem Turnpike (Route 114) After a public.hearing given on the above date,the Board of Appeals voted to GRANT. . the Special Permit and hereby authorize the Building Inspector to issue a Alan D. Solomont, partner, North Andover Associates permit to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: PLEASE SEE PAGE 2. Siped . . . . . .Frank ,Sef io,. Jr.AC airman. . . , _ . . : , . , ,Alfred ,Frizelle, .Vice:-chairman , : . , , . , .Augustine,Nickerspn,, Clerk, , . : . . RayMQAd .ViVOAZ .o . . . . Anna .O`.Connnx . . . . . . . . . . . . . . . . . Board of Appeals Alan D. Solomont, ,partner - North Andover Associates Page 2 1. Ninety (90) parking spaces must be provided. 2. The house on the lot must be used only for ancillary purposes of a nursinghr ome o 1t must be razed. 3. The driveway is to have one entrance/exit in conjunction with Berry Street and per approval of the Town of North Andover and MA DPW. 4. A complete dry sewer line shall be constructed from the building and run to the road. if at any time construction of sewer line on Turnpike StFeet is completed to which the public has access, petitioner must tie into it within six (6) months of approval of the sewer line by the Board of Public Works. 5. The North Andover Board of Public Works must certify that there is a suf£icent supply of water and sufficient pipes to service the nursing home. This 'information must be presented to the Board of Appeals prior to the issuance of a building permit or any other type of permit for construction on the site. X10 RT„ OFi=.co re A'�' m filed A Any aoP be *=a ,;* ,,•� �n ;-err` f:er the r• SACHU in the Office of_ the lawn- Ca TOWN OF NORTH ANDOVER Clerk. ` C:� MASSACHUSETTS r BOARD OF APPEALS w Y * Alan D. Solomont, partner * Petition 1190-88 N. Andover Associates * 1$03 Salem Turnpike, Route 114 North Andover, MA 01845 ** * DECISION ********************************** The Board of Appeals held a public hearing on September 2, 1987 and continued on October 13, 1987 on the application of Alan D. Solomont, partner, North Andover Associates requesting a Special Permit from the requirements of Section 4, Paragraph 4.121(14) , and 10.22, 10.3 and 10.31 of the Zoning ByLaws so as to permit construction and use of a nursing home on the premises located at 1803 Salem Turnpike (Route 114) . The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Raymond Vivenzio and Anna O'Connor. The hearing was advertised) in the North Andover Citizen on August 20 and August 27, 1987 and all abutters were; notified by regular mail. The petitioner through Attorney John James and Alan Solomont presented evidence re- garding the matter. Specifically, plans were introduced showing the proposed con- struction of a nursing home and provisions for water, sewerage, parking, entrances, etc. There was no one opposed to the petition. Upon a motion made by Mr. Fri:Kelle and seconded by Ms. O'Connor, the Board voted to GRANT the Special Permit with the following conditions: 1. Ninety (90) parking spaces must be provided. 2. The house on the lot must be used only for ancillary purposes of a nursing home or it must be razed. 3. The driveway is to have one entrance/exit in•: Oonjuaction with.Berry Street and per approval of the Town of North Andover and MA DPW. 4. A complete dry sewer line shall be constructed from the building and run to the road. If at any time construction of sewer line on Turnpike Street is completed to which the public has access, petitioner must tie into it within six (6) months of approval of the sewer line by the Board of Public Works. DECISION Alan D. Solomont, partner - N. Andover Associates Page 2 5. The North Andover Board of Public Works must certify that there is a sufficent supply of water and sufficient pipes to service the nursing home. This information must be presented to the Board of Appeals prior to the issuance of a building permit or any other type of permit for construction on the site. The Board finds that the petition is for a nursing home as set forth in the Zoning Bylaw and that it meets the requirements set forth in Note 9 of Table 2. The Board has determined that the provisions of Section 10.31 have been satisfied and that the location for such use is adequate. In accordance with the authority of Section 10.31(2), the Board has imposed conditions for the protection of the neighborhood. Specifically the conditions require added park- ing, a single entrance/exit and most importantly, sewerage. The requirement to tie into a sewer line on Turnpike Street is deemed most important by the Board and expressed such desire to the petitioner. iThe Board hesitated tying the hands of the petitioner by re- quiring the petitioner to tie into the sewer before construction, however, the Board underlines the importance of the matter. Dated this 27th day of October, 1987. BOARD OF APPEALS Frank S iot Jr Serio Chairman AEF/awt 7�A 44 sop"1a , e0'FR TOWN OF NORTH ANDOVER MASSACHUSETTSZ PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant Alan D. So o!nont, Partner Address c/o ADS Management, Inc. North Andover Associates 360 Merrimacktree 1. Application is hereby made Bldg. 5 Lawrence, MA (a) For a Special Permit under Section 8.3 , Paragraph of the Zoning By-Law. 1803 Salem 2. (a) Premises affected are land X and buildings numbered Turnpike Street. (b) Premises affeoteO are property with frontage an the North Sout rX East` West side of Salem Turnpike 5tt and known as No. street.`C '" 1 4� (c) Premises affected are in Zoning District R-2 , and the premises affected have an area of 4.2 acres + - and frontage of 350 feet. 3. Ownership: (a) Name and address of owner (if joint ownership, give all names): prudent Associates , Inc. Date of purchasd Dec. 14 , 198Previous Owner Alan Solomont (b) If applicant isnot owner, check his interest in the premises: Prospective;purchaser Lessee Other (explain) 4. Size o: proposed building: 385 feet front; 240 feet feet deep Height: 3 (max) stories; 35 feet. (a) Approximate date of erection Shortly after issuance of building permit (b) Occupancy or use (of each floor) nursing home (c) Type of construction 1-B (non-combustible ) 5 Size of Existing Building: N/A feet front; feet deep '•' Height: stories feet. D• (a) Approximate dote of erection' � i (b) Occupancy or use (of each floor) a (e) Type of construotion s 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? No If so, when 7. Description of purpose for which Speoial Permit is sought on this petitions Approval under site plan review. (over) 8. Deed recorded in the Essex Document Numbers 37357 & 37358 Registry of Deeds Wjj _ or Land Court Certificate No. Book. Page`_, 9. The principal points upon which I base my application are as follows: (must be stated in detail Site plan submitted . meets all requirements of Section 8 .3 . .I agree to pay for a ising i n spaper and postage fee for mailing legal notices " s ores ' Petitioner's signatureL. Every application 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. Any communication pin-porting to be an application shall be treated as mere notice of intention tc.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 therein Prescribed. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters of � owners land directly opposite on any public " private street or w and abutters ay to the abutters within three hundred (300)line al feat of the property 1 as they appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in another city or town, the Plan— ning Board of the town and the planning board of every abutting city or town. I LIST OF PARTIES IN INTEREST NAMLIST See annexed schedule hS i Received by Town Clerks ABC ANII TOWN OF NORTH ANDOVER. MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Alan o_ Solomont. Parn _ Address c/o ApS Manjggmeat. Inc. North Andover.Ass'ocates 360 Merrimack Street 1. Application is hereby made: Bldg. 5 Lawrence, MA 01843 a) Yi�iXiQKIxi�7iYYYmY7Ri1Y�YYK1LYilYiCYW1l16AfdfYYYYri1fYYrivOvwvvvvvvsinvrvw►rxu b) For a Special Permit under 4.121 (14), Sections 10 22, 10.3 of & 10,31 the Zoning By Laws. c) .2. a) Premises affected are land X and building(s) numbered 1803 Salem Turnpike _ Street. ' .b) Premises affected are property with frontage on the North ( ) South (X) East ( ) West ( ) side of Salem Street, and known as No. 1803 Salem Turnp ke (Route 114) Street. c) Premises affected are in Zonling District -B 2, and the premise`s. affe-pted have an area of 4;2 ._* -XgXe�=Kx)CMk and frontage of ; 350 feet. *parce1 #1 -2.36 acres 3. Ownership *Parcel #2 - 1;.83 acres a) Name and address of owner (if joint ownership, give all names): , Parcel #1 - Caruso Conpany, Inca - John D. Wilson et ux Parcel 2 - Combined v -L' �.- ��9�I1i_S�ioup II& John R�ilivers� Trustee Date of Purchase5/6/83_ 8/16/85: Previous Owner Guy Richard:g b) If appllicant is not owner, check his/her interest in the premisess Prospective Purchaser �Lesee X Other (explain) --Holder of Option to 4 Size of proposed building: 385 feet front; 240 feet ie Height 3 (maxJ stories; T feet. 5. 6. a) Approximate date of erection:Shortly aft r is Bance of building permit. b) Occupancy or use of each floor; N_ursinn hnmp c) Type of construction: 1 B anon- combustible) Size of existing building:�__—feet front; feet deep; Height stories; feet. a) Approximate date of erection b) Occupancy or use of each floor: C) Type of construction: Has there been a previous appeal, under zoning, on these premises? Nn If so, when? i 4 %JWaW I agree to pay the ,filing fee, advertising in newspaper, and incidental i expenses* . Signature of- Peti tior�er (s ) , Every application 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. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time asit is made on the i official application form. All information called for by the form shall be furnished by the applicant in the manner F,herein'.prescribed. i. Every application shall be submitted with a list of'" Parties In Interest" ! which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within'three hundred feet (300') of the property line of the petitioner as they appear.on the most recent applicable tax list, notwithstanding 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 i every abutting city or town. W *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 submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. '.Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OP PARTIES IN INTEREST Address See Schedule A Attached Hereto (use addi.tlonai ueieu%.* .. -_,out ,,,, ,t„uuver ma U1845 Sep Exhibit 1 attached herto and made a part hereof 7, Description of 'relief sought'on this petition jal permit to pfkrinIL construction ,and use of a n [:sjna hQmp. 8. Deed recorded in the Registry of Deeds in Book"� Page Land Court Certificate No. Book Page Parcel #1 - Book •46 The z1��670, pPage� �i i'r�i aI poinC6 tlp&WAtch I base my application are as follows: (must be stated in detail) R-? dirltrict permits nurgjUq-hjmeg Tl.— n ---A —L w____1_ .___ to _ hrv_spa+Lial permit'.' ((Sertinu _ _ _ _ 4 121(jQ Z� __ _ %JWaW I agree to pay the ,filing fee, advertising in newspaper, and incidental i expenses* . Signature of- Peti tior�er (s ) , Every application 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. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time asit is made on the i official application form. All information called for by the form shall be furnished by the applicant in the manner F,herein'.prescribed. i. Every application shall be submitted with a list of'" Parties In Interest" ! which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within'three hundred feet (300') of the property line of the petitioner as they appear.on the most recent applicable tax list, notwithstanding 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 i every abutting city or town. W *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 submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. '.Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OP PARTIES IN INTEREST Address See Schedule A Attached Hereto (use addi.tlonai ueieu%.* .. -_,out ,,,, ,t„uuver ma U1845 Sep Exhibit 1 attached herto and made a part hereof k List of Parties in Interest t North Andover Planning Board 120 Main Street, North Andover, MA Guy N.. Richard's et ux 2251 'turnpike Street, North Andover, MA Frank Fiore, Jr. Trustee Berry Realty Trust'1.6 Berry North Andover, MA Paul Proux et ux, 491 Salem Street =-= -, North Andover, MA ABSEB Realty Trust Rm. 614 1 1 Beacon St., Boston, Mass. Spar and Spindle Girl Scout, PO BOX 1010 Middleton, Ma Commonwealth of Mass. AUG CSI a AN °87 * * Alan Solomont * Chestnut Street * (Nursing Home) * * * * ************************ f NORTH 9 O wt.ao. �° ., OOP Ss�CHIA TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: $45-87 DECISION he filed Ani 3n-ry3i S":a i after the ca) ^s , ; �40flce W;t';ii 1 a Oj t�t�S TOwn intthe Office Of the Clerk. The Board of Appeals held a public hearing on August 11, 1987 on the application of Alan Solomont, Reb Sarah Realty Trust requesting a Special Permit from the require- ments Section 4, Paragraph 4.121(14) and Section 10, Paragraph 10.22, 10.3 and 10.31 of the zoning bylaws so as to permit relief for construction and use of a nursing home. The following members were present and voting: Frank Serio, Jr. Chairman, Augustine Nickerson, Clerk, William Sullivan, Raymond Vivenzio and Anna O'Connor. The hearing was advertised in the North Andover Citizen on January 15 and January 22, 1987 and all abutters were notified by regular mail. A letter from Steinberg, Shaker, Lewis and James was read by Mr. Nickerson. Attorney James requested that the petitioner be allowed to withdraw without prejudice. Upon a motion made by Mr. Nickerson and seconded by Mr. Vivenzio, the Board voted to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The vote was unanimous. Mr. Sullivan did not vote as he was not at the original meeting. Dated this 21st day of August, 1987. BOARD OF APPEALS Serio, Jr 4raW r Chairman /awt TC 7 HO AUG CSI a AN °87 * * Alan Solomont * Chestnut Street * (Nursing Home) * * * * ************************ f NORTH 9 O wt.ao. �° ., OOP Ss�CHIA TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: $45-87 DECISION he filed Ani 3n-ry3i S":a i after the ca) ^s , ; �40flce W;t';ii 1 a Oj t�t�S TOwn intthe Office Of the Clerk. The Board of Appeals held a public hearing on August 11, 1987 on the application of Alan Solomont, Reb Sarah Realty Trust requesting a Special Permit from the require- ments Section 4, Paragraph 4.121(14) and Section 10, Paragraph 10.22, 10.3 and 10.31 of the zoning bylaws so as to permit relief for construction and use of a nursing home. The following members were present and voting: Frank Serio, Jr. Chairman, Augustine Nickerson, Clerk, William Sullivan, Raymond Vivenzio and Anna O'Connor. The hearing was advertised in the North Andover Citizen on January 15 and January 22, 1987 and all abutters were notified by regular mail. A letter from Steinberg, Shaker, Lewis and James was read by Mr. Nickerson. Attorney James requested that the petitioner be allowed to withdraw without prejudice. Upon a motion made by Mr. Nickerson and seconded by Mr. Vivenzio, the Board voted to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The vote was unanimous. Mr. Sullivan did not vote as he was not at the original meeting. Dated this 21st day of August, 1987. BOARD OF APPEALS Serio, Jr 4raW r Chairman /awt T A,rj assn^al shall be filets witi,i7 (?a; ; ,;'s z fte, :ie G°uCA i:-6 Cf ii3ia I\.00iCe in the Office of the Town Clerk. NjORTH A of , . ,a H � F 9SS4CH�15Et TOWN OF NORTH ANDOVER MASSACHUSETTS F ' KUV ! =1 BOARD OF APPEALS * Alan D. Solomont, trustee of* Petition #39-86 Reb Sarah Realty Trust % Ads Management, Inc. * 100 Merrimack St., Bldg. 5 * DECISION Lawrence, MA 01845 The Board of Appeals held a public hearing on November 10, 1987 on the petition of Alan D. Solomont, trustee of Reb Sarah Realth Trust requesting a Special Permit from the requirements of Section 4.121(14), 10.22, 10.3 and 10.31 of the Zoning ByLaws so as to permit construction and use of a nursing and convalescent home with living units. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Walter Soule, Raymond Vivenzio and Louis Rissin. The hearing was advertised in the North Andover Citizen on December 24 and December 31, 1986 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Rissen, the Board voted to DENY the Special Permit as requested. The Board finds that the petitioner failed to appear before the Board for the public hearing and did not request a waive of time limit or send a letter to the Board requesting to have the petition WITHDRAWN WITHOUT PREJUDICE as required by Section 10, Paragraph 10.9 of the Zoning Bylaws. Dated this 18th day of November, 1987. BOARD OF APPEALS Frank Seio, Jr. �@ Chairman /awt APRIL?" 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Alan D. Solomont, trustee of Nov I'i) IO c 4 � B1 Reb Sarah Realty Trust Date • • • November- IS; •1987• • • • • • % ADS Management, Inc. 360 Merrimack St., Bldg. 5 Petition No.. • • .39-86 ...... . Lawrence, MA 01843 Date of Hearing • November • 10•,• •1987. petition of . Alan ,D.. Solomont } . trustee of Reb Sarah Realty. Trust Premises aSected .............. �....................I......I.......... Referring to the above petition for a fm a the requirements of the Section • 4. 12.1.(14) 10.22, 10.3, 10.31 of the Zoning ByLaws Bo " to Pmt construction -and• use -of • a• nursing• acrd •convalescent• home •with• • • • living units. After a public hearing given on the above date, the Board of Appeals voted to . DENY. • ..: the SPecial.P�rmit ON THE BASIS THAT THE PETITIONER FAILED TO APPEAR BEFORE THE BOARD AND DID NOT REQUEST A WAIVE OF TIME LIMIT OR SEND A LETTER TO THE BOARD REQUESTING TO HAVE THE PETITION WITHDRAWN WITHOUT PREJUDICE AS REQUIRED BY SECTION 10, PARAGRAPH 10.9 OF THE ZONING BYLAWS Frank Serio, Jr., Chairman Alfred Frizelle, Vice-chairman Walter Soule Raymond Vivenzio Anna O'Connor ................ Board of Appeals Ll the Ufa1r APRIL?" 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Alan D. Solomont, trustee of Nov I'i) IO c 4 � B1 Reb Sarah Realty Trust Date • • • November- IS; •1987• • • • • • % ADS Management, Inc. 360 Merrimack St., Bldg. 5 Petition No.. • • .39-86 ...... . Lawrence, MA 01843 Date of Hearing • November • 10•,• •1987. petition of . Alan ,D.. Solomont } . trustee of Reb Sarah Realty. Trust Premises aSected .............. �....................I......I.......... Referring to the above petition for a fm a the requirements of the Section • 4. 12.1.(14) 10.22, 10.3, 10.31 of the Zoning ByLaws Bo " to Pmt construction -and• use -of • a• nursing• acrd •convalescent• home •with• • • • living units. After a public hearing given on the above date, the Board of Appeals voted to . DENY. • ..: the SPecial.P�rmit ON THE BASIS THAT THE PETITIONER FAILED TO APPEAR BEFORE THE BOARD AND DID NOT REQUEST A WAIVE OF TIME LIMIT OR SEND A LETTER TO THE BOARD REQUESTING TO HAVE THE PETITION WITHDRAWN WITHOUT PREJUDICE AS REQUIRED BY SECTION 10, PARAGRAPH 10.9 OF THE ZONING BYLAWS Frank Serio, Jr., Chairman Alfred Frizelle, Vice-chairman Walter Soule Raymond Vivenzio Anna O'Connor ................ Board of Appeals rceivid»by Town Clerk: 5EC;l� E TO* ! :;K FORM A AP C�ATION FOR ENDORSEMENT OF PLAN i JAN L8 I0 2,PWED NOT TO REQUIRE APPROVAL w 1987— To 987To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by.said Board that approval by it under the Subdivision Control Law.is not required. The undersigned believes that such approval is not required for the following reasons: 1• The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way, namely, Ciy, Si.*y 7- or a private waw, namely, being land bounded as foll6ws: gYN,T2L Y IS .+L AND Dx" ,f2,&'A 1�Qs .d�T ,• cc * G�' vr_ A 41AI49, ,CA 4 ,q/ D 2. •The division of land shown on the accompanying plan is not a sub ' division for, the ,following reasons: '1 • 3..Title 'reference North Essex Deeds, Book�Page or Certificate of Title No. _,, Registration Book Page ____---• Applicant's Signature: Owner's signature and address if, not the applicant: Applicant's Add.ress: Received by Town Clerk: b Notice to APPLICANT/TOWN CLERK.of action of Planning Board on accompanying plan: 1• The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 1- The--N`orth An arming as d tan sho u dvi on nedG ,c-:--4i, and mustth re be r to i f appro-vai—unde —tbv-- _Sub ' ion Go rol Law. Very truly yours, NORTH ANDOVER PLANNING BOARD t By. � Date ! 76 t� 12cei �4d by'ATawr► Clerk : i FORM A <<` APPLICA ,,QQN FOR ENDORSEMENT OF PLAN JAN (t AELJX. NOT TO REQUIRE APPROVAL JAn .78 , lg To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a ': determination by said Board that approval by it under the Subdivision - Control Law isnot required, The undersigned believes that such apprasval IS not required for the following reasons : 1. The division of land shown on the accompanying plan is not a sub division because every Tot shown thereon has the amount of frontage required by the North Andover zoning By Law and is on a public way,, namely, H -zr"-r or a private wax9 namely, being land bounded as fellows. p u a F QWAI N7"-k4 ANG 2. The division of land shown on the accompanying plan is not a sub division for the following reasons , A—Ony 44jV§ 3. Title reference North Essex Deeds , BookPage 3 ., � or Certificate of Title No . Registration Book f. Page , . ' Applicant ' s Signature : Owner ' s signature and address if not the applicant : ARplt-cant ' s Address : A? 4-- „4 -- „4y Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on k; s, accompanying plan 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Laws and the appropriate endorsement has been made upon the same . 2. The North Andover Planning Board has determined that` said, plan shows a subdivision , as defined by G. L . c 41 , s . 81-L , and must ;therefore be re-submitted to it for approval under the Subdivision Control Law . Very Uruly yours , NORTH ANDOVER PLANNING BOARD By Date : eceive4 by Town Clerk : , . FORMA 4 AP ERATION FOR ENDORSEMENT OF PLAN �(Df ::: " BELD I NOT TO RE UIRE APPROVAL l 9 44 , February 24 1989 To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a det`ermination. by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required i.y the North .Andover Zoning fay Law and is on a public way , r:amel'y g or a private way , namely , t nota 114 Trtrnpika Qtraat being land bounded as follows : See annexed description i 2 . The division of land shown on the accompanying plan is not a sub division for the following reasons : Two buildable lots are being combined into one 1 ving boundary line 3 . Title reference North Essex Deeds , Book Page; or Certificate of Title No . Registration Book Page lica' ' s Si ture: Owner ' s signature and address if not the applicant : -y-- - Prudent Associates Inca (Print ame)John A. James, Jr. Applicant ' s Address : Corp. counsel 370 Essex Stree Lawrence, MA 01840 Tel. No. 686-6129 { � LlescciR.t.ina_nf_Land A certain parcel of land on the southwesterly side of Salem Turnpike in the Town of N. Andover Essex County. Commonwealth of Massachusetts, bounded and described as follows: Beginning at a stone bound on the southwesterly sideline of Salem Turnpike at station 191 + 77. 16; thence running S51 -59'-45"E along said southwesterly sideline of Salem Turnpike a distance of seventy-four and thirty-four hundredths feet ( 74.34' ) to a point at land now or formerly of Guy Richards; thence S38 -40 '-02"W by said land now or formerly of Guy Richards a distance of five hundred forty and ninety-eight hundredths feet (540 . 98` ) to a point on a stone wall at land now or formerly of the Commonwealth of Massachusetts; thence N13 -12'-OOW" by said stone wall and land now or formerly; of the Commonwealth of Massachusetts a distance of one hundred forty-six and sixty-three hundredths feet ( 146.63' ) to a point ; thence N31 -24'-10"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of ninety-nine and thirty-four hundredths feet (99.34' ) to a corner of said wall ; thence N55 -54'-OO"E by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of twenty-five and ninety-five hundredths feet (25. 951 ) to a drill hole in said stone wall ; thence N41 -42'-00'"E by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of twenty-six and ninety-one hundredths feet (26.91 ' ) to a point ; _thence N44 -45'-40"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of ten and seventeen hundredths feet ( 10 . 171 ) to a point ; thence " N15 -47' -10"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance ofonehundred seventeen and seventy-four hundredths feet (117. 741 ) to a drill hole in said stone wall ; thence it - 2 - N65 -06'-00"W- by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of eight and ninety-three hundredths feet (8.93' ) to a point ; thence N14 -23' -30"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of four and seventy-one hundredths feet (4.71 ' ) to a point ; thence N48 -39'-30"E by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of sixteen and sixty-two hundredths feet ( 16.621 ) to a drill hole in said stone wall ; thence N27 35'-20"Eby said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of twenty and eighty hundredths feet (20 .801 ) to a point ; thence N20 -59'-30"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of one hundred fifty-three and sixty-nine hundredths feet ( 153.69' ) to a drill hole in said stone wall ; thence N23 -17'-10"W by said stone wail and land now or formerly of the Commonwealth of Massachusetts a distance of twenty-six and sixty-six hundredths feet (26.661 ) to a drill hold in said stone wall ; thence N38 -16'-10"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of thirty and forty hundredths feet (30 .40' ) to a point; thence N55 -03'-40"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of eighty-three and sixty-six hundredths feet (83.661 ) to a point ; thence N35 -48'-00"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of eighteen and forty-five hundredths feet ( 18.451) to a point at land now or formerly of John M. Cormier ; thence N61 -14'-30"E by land now or formerly of John M. Cormier a distance of fifty-five and two hundredths feet (55:02') to a point ; thence _ 3 _ N69 -24' -00"E by land now or formerly of John M. Cormier a distance of sixty-one and twenty-eight hundredths feet (61 .28' ) to a point ; thence N81 -09'-40"E by land now or formerly of John M. Cormier a distance of thirty-six and thirty-one hundredths feet (36.31 ' ) to _a point ; thence S84 -35'-30"E by land now or formerly of John M. Cormier a distance of eighty-five and twenty hundredths feet (85.201 ) ; thence Southeasterly by the southwesterly sideline of Salem Turnpike and curving to the left along the arc of a curve having a radius of three thousand five hundred nine and forty-six hundredths feet (3,509.46' ) and a length of three hundred eighty-four and eleven hundredths feet (384. 11 ` ) to the point of beginning. The above described parcel of land contains an area of 4. 18 acres, more or less. The above described parcel of land is more particularly shown as Lot B-3 on a Plan entitled "Plan of Land in No. Andover , MA dated February 10 , 1989, prepared for Prudent Assoc . , Inc . , prepared by' Neponset Valley Survey Associates, Inc . February 21 , 1989 I teceived by Town Clerk : OA'31E '. FORM A TU'a t t HGAr'i ,`��LIEVEDCATION NOTFOR TOENDORSEMENT APPROVALPLAN �&R 1 � 4 3 February 24 1989 To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination. by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1 . The division of land . shown on the accompanying plan is not a sub division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , or a private way , namely , P.ame l y , Ro ,rP�c T,irn,p;kP Gtr�t -- . being land bounded as follows See annexed description 2 . The division of land shown on the accompanying plan is not .a sub division for the following reasons : Two buildable lots are being combined into one 1 boundary line Page or 3. Title reference North Essex Deeds , Book 9 -- Certificate of Title No . Registration Book Page P ' s Si tures owner ' s signature and address if not v ' the applicant : ' Associates, Inc. (Print ame)John A. James, Jr. Applicant ' s Address : Corp. counsel 370 Essex Stree Lawre nce MA 01840 Tel. No. 686-6129 Qesctip.tian_n£_Laad A certain parcel of land on the southwesterly side of Salem Turnpike in the Town of N. Andover , Essex County, Commonwealth of Massachusetts, bounded and described as follows: Beginning at a stone bound on the southwesterly sideline of Salem Turnpike at station 191 + 77. 16; thence running S51 -59'-45"E along said southwesterly sideline of Salem Turnpike a distance of seventy-four and thirty-four hundredths feet (74.34' ) to a point at land now or formerly of Guy Richards; thence S38 -40'-02"W by said land now or formerly of Guy Richards a distance of five hundred forty and ninety-eight hundredths feet (540 .981 ) to a point on a stone- wall at land now or formerly of the Commonwealth of Massachusetts; thence N13 -12'-00W" by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of one hundred forty-six and sixty-three hundredths feet (146.53') to a point ; thence N31 -241-10"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of ninety-nine and thirty-four hundredths _feet (99.34' ) to a corner of said wall ; thence N55 -54'-00"'E by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of twenty-five and ninety-five hundredths feet (25.95' ) to a drill hole in said stone wall ; thence N41 -42' -00"E by said stone wail and land nowor formerly of the Commonwealth of Massachusetts a distance of twenty-six and ninety-one hundredths feet ( 26.91 ' ) to a point ; thence N44 -45'-40"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of ten and seventeen hundredths feet ( 10 . 17' ) to a point ; thence N15 -47' -10"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of one hundred seventeen and seventy-four hundredths feet ( 117.741 ) to a drill hole in said stone wall ; thence a N65 -06'-00"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of eight and ninety-three hundredths feet (8.93' ) to a point ; thence N14 -23'-30"W by said stone wall and land- now or formerly of the Commonwealth of Massachusetts a distance of four and seventy-one hundredths feet (4.711 ) to a point ; thence N48 39'-30"E by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of sixteen and sixty-two hundredths feet ( 16.621 ) to a drill hole in said stone wall ; thence N27 -35'-20"E by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of twenty and eighty hundredths feet (20 .801 ) to a point ; thence N20 -591-30"Wby said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of one hundred fifty-three and sixty-nine hundredths feet ( 153.69' ) to a drill hole in said stone wall ; thence N23 -17`-10"W by said stone watt and land now or formerly of the Commonwealth of Massachusetts a distance of twenty-six and sixty-six hundredths feet (26.66') to a drill hold in said stone wall ; thence N38 -16'-10"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of thirty and forty hundredths feet ( 30 .40` ) to a point ; thence N55 -03'-40"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of eighty-three and sixty-six hundredths feet (83.66' ) to a point ; thence N35 -48'-00"W by said stone wall and land now or formerly of the Commonwealth of Massachusetts a distance of eighteen and forty-five hundredths feet (18.451 ) to a point at land now or formerly of John M. Cormier ; thence N61 -14'-30"E by land now or formerly of John M. Cormier a` distance of fifty-five and two hundredths feet (55.02' ) to a point ; thence N69 -24' -00't by land now or formerly of John M. Cormier a distance of sixty-one and twenty-eight hundredths feet (61 .28' ) to a point ; thence l N81 -09'-40"E by land now or formerly of John M. Cormier a distance of thirty-six and thirty-one hundredths feet (36.31 ' ) to a point ; thence S84 -35'-30"E by land now or formerly of John M. Cormier a distance of eighty-five and twenty hundredths feet (85.20' ) ; thence Southeasterly by the southwesterly sideline of Salem Turnpike and curving to the loft along the arc of a curve having a radius of three thousand five hundred nine and forty-six hundredths feet (3,509.46' ) and a length of three hundred eighty-four and eleven hundredths feet (384. 111 ) to the point of beginning. The above described parcel of land contains an area of 4. 16 acres, more or less. The above described parcel of land is more particularly shown as Lot 8-3 on a Plan entitled "Plan of Land in No. Andover , MA dated February 10 , 1989, prepared for Prudent Assoc . , Inc. , prepared by Neponset Valley Survey Associates, Inc . February 21 , 1989 i i r Received by Town Clerk : r Af U- -A TO DANIEL L3NG rR wQU � G1� OAK Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The ndover Planning Board has dete�i �mvt- fiat said plan shows a subdivision , as e i 41 , s . 81-L, and must therefore .be-fie=submitted to it for approval un he Su�l,vision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By : Ae 1-11 Date �I :calved by Town- Clerk : FORM A DAHFl_ lC TOWN i isK APPLICATION FOR ENDORS LO "fill `'APAN BELIEVED NOT TO REQqja$2APaR , 19e96 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval i-s not required for the following reasons ; I. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By ,haw and is on a public way , namely , f'�, ' T or a private way, namely , being land bounded as follows : �,2 c ,c'7Bca/z 7 �,' C Y� l,i4i✓� L�.�r s.A,�a?/� G 3' -�1��''^ 2 . The` division. of land shown on the accompanying plan is not a sub- division for the following reasons : 3. Title reference North Essex Deedss Book �603 Page or Certificate of Title No . Registration Book _ Page I Applicant 's Signature ; Owner ' s signature and address if not the applicant : "Appl scent ' s Address 'f-- Received by Town Clerk : Y it Naiiee to APPLICANT/TOWN CLERK of action of Planrking Board on accompan,'ing plan : 1. The north Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon; the same • 2. The North Andover Planning Board has determined that said plan Shaws a subdivision , as defined by G. L . c . 41 , S . 81-L , and must -therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , tr NORTH ANDOVER PLANNING BOARD By . 1 u Date V i w r I3f7 7 4. TT } y�,�� i ` Received by 'Town Clerk: TOW DANIEt 'i h CA1 v \ NORT61 , �. uuER DEC 16 3 15 fp '$6 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Alan 0. Solomont, Trustee of Address c/o ADS Management, Inc. e arasi TeaaIty Trus- ""—3�p Merrimack Street 1. Application is hereby made: Bldg.Lawre5 MA 01843 a) itUXXXXXX XIWdEi*XXtkibk(XIX (Xlt)MXIXWItAV (X)MXXIOICJGW9(XXXXXX)Ri%K1QM*FUX iKkax.(1X> xXXXXXd6fx)=*XxmtX4Xgn)mfx)IL 4.121' (14) 9 10 22, 10.3 & 10.31 b) For Special Permit under Sections Paragraph of the Zoning w By Laws . c) A36 yexx1P36 mQ xXmf4klMMOIXXXQ(4ixXyMitl) W(XOfX)WX d($A=XXihUMX)P KXIX)W � 'd i(ibk�(X1�)Q (d( (XdbX'X�(9(14Y�(X�t 1Q�@i(dl it 71M�11(X 2. a) Premises affected are land X -and building(s ) numbered Chestnut —Street. ` b) Premises affected are property with frontage on the North South ( ) East (X ) West ( ) side of Chestnut - _ Street, and known as No. Chestnut Street. c) Premises affected are in Zoning District R-2 , and the premise's. affected have an area of 45 acrggA#94>QC@)s? %X X and frontage of 1132 _:�_ feet . 3. Ownership ; a) Name and address of owner (if joint ownership, give allnames) : _,L„Sarah RRa]ty Tric .. Alan n. Snlmmnnt Trimtau* r4n AnS NaLlagementI13C 360 Merrimack Street, Lawrence, ,MA 01843 Date of Purchase December 1 L 1986 _Previous Owner Warren. Rea et al b) If applicant is not owner, check his/her interest in the premises: ' Prospective Purchaser Lesee Other (explain) ISA 4"a Size of proposed building: 7S front; Id-IMfeetdeep; <` D Height 3(max. ) stories;_ ri_fWE'. a) Approximate date of erection;-Shortlyafter issuance of building permit. . b) Occupancy or use of each floor: Nursing and convalescent home with living units c) Type of construction: 4A�tartPA_frama)�; 1R n-rnmbustible) 5. Size of existing building: N/A feet front; feet deep; Height stories; feet . a) Approximate date of erection: b) Occupancy or use of each floor: c ) Type of construction: • 6. Has there been a previous appeal , under zoning, on these premises? No If so, when? 4 . 1 Description of relief sought ' on this petition Soecial permit to permit a y, ♦♦ constrUction and use of a nursing and convalescent home with living units. -� V 4 , n n Deed recorded in the Registry of Deeds in Boo k366 Page 185 Land •Court Certificate No. Book page - The principal io''' ' p p points upon which base my application are as follows:• . (must be stated in detail ) a R-2 disi,risl permits nursing and convalescent homes by special permit. (Section 4:121(14) The Board of Anneals has the power to -grant suc specia I permi 3) l and will. ha warran ejL in adopting fin-dings that_t_he conditions for the issuance of :a. cppClal n�rmit, ar�_1ae1 as contained in ection 10.31 of the• Zoning -Bylaw; I agree to pay the filing fee, advertising in newspaper, and incidental expenses* , 14 Signaturo Petit eioner s i Alan D. Solomont Every application 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.' Any communication purporting to be an applicgtion shall be treated as more notice of intention to seek relief until such time `as it is . made on the ` official application form. All information 'called :-1--for by the form shall . be furnished by the applicant in the manner �hereinsprescribed. Every application shall be submitted with a list of "Parties In Interest" • which list 'shall include .the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to -the abutters within three hundred feet (300' ) of the property line of the petitioner as they appear , on the most recent applicable tax list, notwithstanding 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 r- 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. w f fl Every application shall be submitted with a plan of land approved by the 1 Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board' s requirements regarding plans r are attached hereto or are available from the Board of Appeals upon request.' . LIST OF PARTIES IN INTEREST Namc . Address North Andover Planning Board 120 1•faln' Street, North Andover,MA' 01845 '1i Reb Sarah Realty Trust , A.Solomont,Trustee c/o.. ADS Management Inc. ,360 Merrimack Streetf;` Lawrence, Ma. 01843 , Robert F, and Lorraine. M. Madden '111 Rea Street, North Andover, MA 01845 'f� ' Joseph G. and Ellen J. Anderson 125 Rea Street, North Andover, MA 01845 ;;; Stuart and Mildred M. Summers ' 141 Rea Street, North Andover, MA 0184511 „ 'Gerald K. and Catherine P.Callagy ' 155 Rea Street, North Andover, MA 01845 . `; Gilbert 0. Rea .44 Rea Street, North Andover-, -MA 01845 % Greater Lawrence Comm.Antenna, Inc. :466 Essex Street,_ Lawrence, MA 01,840 Paul A. and Ellen J. Riess RFD 2, P.O.Box 158, West Plymouth,• N.H. 02364 1 Donald F. Johnston Co. , Inc. . 114 Boston Street, North Andover, MA 01845 T; ? Wilfred."Cyr Trust,Wilfred L. Cyr et al . , Trustees 98"Water,Street, Lawrence, MA 01840_ ;u . Jefferson Office Park Limited Partnership c/o H.6rown, 39 Brighton Avenue, Allston, MA General Store Trust, Joseph Barbagello, Trustee, i Westwood Circle, N.Reading, MA 01864 b'` Vincent and Constance Aleci 643 Tu,rnpike'Street, North Andover, MA01845't,• � Rea=Land:Assoctate y s Realty"Trusty B..C. and W.G. Osgood, Trustees, 424 Osgood Street North Andover, MA 01845 (use additional sheets if ' necessary) 1 See Exhibit 1 attached hereto and made a parte hereof �i,r^ Exhibit 1 to Application for Special Permit of Alan 0. Solomont, Trustee of Reb Sarah Realty Trust List of Parties in Interest (cont'd) Helen M. Kellner 920 Turnpike Street, North Andover, Ma 01845 Cornelius J. and Mary Ellen Van Deventer, 57 Mill Road, North Andover, MA 01845 Thomas J. Murphy 75 Mill Road, North Andover, MA 01845 Josie M. Bredbury 710 Chestnut Street, North Andover, MA 01845 Charles T. Carrell 731 Chestnut Street, North Andover, MA 01845 . ` Recdiled by Town Clerk: 0 AN1Et. JAG t HOPT �.R . JAN 1 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS f APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Alan D_ Solomont. 7r tp,pQf Address c/o ADS Management. Inc. t Reb Sarah Realty Trust 360 Merrimack Street 1. Application is hereby ma,des Bldg. 5 Lawrence, MA 01843 a) X70('XXAA)q(#(X>aMXXWi6XXOf NXXKItV tltX)Pa61I9GlIXXXX)6JQIX I(IXXXXXXXXXXMK (pF1a d1C1kXX7[XOOJI xxxxxxxxyAxxmx Gld1t=§X)KXXXMK. 4.121 (14), 10 22, 10.f3 b 10.31 b) For a ' Special Permit under Sections Paragrap$ o the Zoning By Laws . c) Axxx4ix)R10(i kvx)rA2io)EIG it fly xxf)1 xxmftmwXxxtx)Xxlotftxxkgi)oxxK4(!D)M(ftx) ,x 40*xAimxlxxujc)=xxxxxxjpx$xe(xxxmxxmOxm 2. a) Premises affected are landx_and building(s ) numbered Lhpstnut Street . b) Premises affected are property with frontage on the North South ( ) East (X ) West ( ) side of fhestnut r<, Street , and known as No. rheztnut Street . +r c) Premises affected are in Zoning District R_9 # and the premise's. affected have an area of __5 acme -xgxK oxoexbwk and frontage of }: Rl feet . 3. Ownership a) Name and address of owner (if joint ownership, give all .names )s Reb Sarah Realty Trust, Alan D. Solomont. Trustees c/o ADS Management, Inc. 360 Merrimack Street, Lawrence, MA 01843 Date of Purchase December 1, 1986 Previous Owner Warren W. Rea et al. F} b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee ' Other (explain) Size of proposed building: 385 feet front; 240 feet deep; ti p Height 3 (NaxJ stories; 35 feet . a) Approximate date of erection: or�ly aflpr issuance of building permit. b) Occupancy or use of each floor: NurSinghome e) Type of construction: 1 B non- combustible) 5. Size of existing building: feet front; feet deep; Height stories; feet. .may .. a) Approximate date of erection: b) Occupancy or use of each floors s c ) Type of construction: f, 6. Has there been a previous appeal , under zoning, on these premises? Nn If so, when? f4 A i- r Y 7; Description of 'relief sought on this petition ' rias permit Ln peri it construction and usC of a nursing-hhQme. 8. Deed recorded in the Registry of Deeds in Book `21§6 Page 18,5 Land Court Certificate No. Book Page The principal points upon which I base my aPP licatioare as follows : (must be stated in detail ) "` r R- digtriCt pprmitS nur-si q home -by-rpperial permit Sectiou..4.121"A#..----}Q 3) The Roatd-mf-Appeals has the r nt surh 5oerial permit�(_Sprtinnc In ?9ant4 and will -he-warxz tP in adopting fi.ndions� the rnnditinnc for the j.ssua=e. ofa ! gp,cial-RmiL-are t.,-�coptainPd ;n SPrtinn In 31-nf the 7nniny Bylaw I agree to pay the filing fee, advertising in newspaper , and incidental expenses* Signature of Petitioner s t Every application 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 . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the t i official application form. All information called for by the form shall I be furnished by the applicant in the manner Yherein:. prescribed . i. Every application shall be submitted with a list of "Parties In Interest" which list shall include .the petitioner , abutters , owners of land directly opposite on any public or private street or way, and abutters to -the abutters within' three hundred feet (300 ' ) of the property line of the petitioner as they appear , on the most recent applicable tax list, notwithstanding 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 i 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 submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted . Copies of the Board' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request . 'i • LIST OF PARTIES IN INTEREST Name Address North.Andover Planning Board 120 Main Street, North Andover, Ma 01845 l Reb Sarah Realty Trust, A. Solomont, Trustee c/o ADS Management Inc. , 360 Merrimack { Street, Lawrence, Ma. 01843 III Robert F. and Lorraine M. Madden 111 Rea Street, NOrth Andover, Ma 01845 Joseph G. and Ellen J. Anderson 125 Rea Street, North Andover, Ma 01845 Stuart' and Mildred M. Summers 141 Rea Street, North Andover, Ma 01845 Gerald K. and Catherine P. Callagy 155 Rea Street North Andover, Ma 01845 Gilbert 0. Rea 44 Rea Street, North Andover, Ma 01845 Greater Lawrence Comm. Antenna, Inc, 466 Essex Street, Lawrence, Ma 01840 Paul A, and Ellen J. Riess RFD 2, P.O.: Box 158, West Plymouth, N.H. 02364 i Donald F. Johnston Co. , Inc. 114 Boston Street, North Andover, Ma 01845 Cyr Trust Wilfred L. Cyr et al. , Trustees 98 Water Street, Lawrence, Ma 01840 " red C Y Wilfred y , Jefferson Office Park Limited Partnership. " c/o H. Brown, 39 Brighton Avenue, Allston MA General Store Trust, Joseph Barbagello, Trustee, 1 Westwood Circle, N.Reading, Ma 01864 Vincent and Constance Aleci 643.1urnpike Street, North Andover, Ma . 01845 Rea Land Associates Realty Trust, B.C. and H.G. Osgood, Trustees, 424 Osgood Street \ (use additional sheets if necessary) NorthAndover Ma 01845 ` See Exhibit I attached herto and made a part hereof Exhibit 1 to Application for Special Permit of Alan D. Solomont, Trustee of Reb Sarah Realty Trust List of Parties in Interest (cont'd) Helen M. Kellner 920 Turnpike Street, North Andover, I-la 01845 Cornelius J. and Mary Ellen Van Deventer, 57 Mill Road, North Andover, FIA 01845 Thomas J. Murphy 75 Mill Road, North Andover, MA 01845 Josie M. aredbury 710 Chestnut Street, North Andover, MA 01845 Charles T. Carrell 731 Chestnut Street, North Andover, MA U1845 Ll Oversized Maps on file with the Town