HomeMy WebLinkAboutMONAHAN CORP F: lam :p
•,p; 1855 .•!
dye
TOWN OF NORTH ANDOVER
MASSACHUSETTS
� 1 ,
BOARD OF APPEALS
Jft o June 27, 1977
�. LYON S
Monahain Management Corp.
OsCood St.
Petition No. 6-177
John J. Lyons, Town Clerk
Town Office Building
North Andover, Na.
Dear Sir:
A public hearing was�Dheld by the Board. of Appeals on May 9, 1977 upon application of
Monahan Management Corporation who requested a variation of Seo. 6.3 and 'Fable 2 of the
Zoning By-Law so as to permit the extension and expansion of an existing facility as
shown on a plan of land dated April 11, 1977, revised May 91 1977 located on Osgood St.
The following members were present and voting: Alfred E. Prizelle, Vice-Chairman;
Louis DiFruscio, Clerk; James D. Noble, Jr.; Ralph R. Joyce; and Assoc. Member, Mrs.
Sandra Munroe.
The',hearing was advertised in the Lawrsnoe Eagle-Tribune of April 23 & 30, 1977 and all
abutters were duly notified by regular mail.
Appearing for Mr. Monahan, a principal of Monahan Management Corp., was Atty. Herbert L.
Schultz and Frank C. Gelinas, engineer for the proposal. Mr. Gelinas presented a color
schematic of the parcel and building in question. Mr. Schultz stated that Mr. Monahan
purchased the property without the knowledge of the existing septic problems and since
that time he has put a substaAtial amount of money into the property to bring it up to
the Code requirements. They sought relief as to frontage and setback - the new addition
would be 7 feet from the road line and 5-10 feet from the lot line. He noted, also, that
both the rear and front additions are within the previous limits set by the Board in
granting a variance back in 1969. The denial of the request would create a serious fin-
ancial hardship to the applicant. Mr. Schultz added that adequate parking facilities
have been provided and the ingress and egress will not be effected.
opposition was expressed by George Barker, an abutter, who felt that the size of the
proposed building would be a monstrosity and not operational.
I
Alonehan Decision -2-
On June 13, 1977 upon motion duly made and seconded it was unanimously voted to aRANT
the request subject to the condition that the site be developed in accordance with the
proposed site plan dated April 1977, revised XV 1977. Said plan is hereby incorporated
by reference and made a part of this decision.
Very truly yours,
BOARD CP APPEALS
v
Alfred E. Frizelle, Vioe-Chairman
gb
NORTN;f
oqq
r
i F• APRtp
OLT"
► gCK6**
Vq
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . . . . June 28.,. 1.977. . . . . .
Petition No.. . 6—'77. . . . . . . . . . . . . .
Date of Hearing. . .1'Ia,Y. 9P. .1977. . . .
Petition of . . . . . . . . . .NOXI.M. XUA( tT . RPOP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . . .1159. Osgood.S'k.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
.North .Andover Zoning. By.-Lay.Sec.. .6.3 and .Table. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit .#he. extension and.expansion. of. an .existing.facility. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . t;f12ANT. . . . . the
. . . . Varianoe . . . . . and hereby authorize the Building Inspector to issue a
permit to Monahan Ranagement ,Corp.. . . . . .
for the construction of the above work, based upon the following conditions:
1) that the site be developed in accordance with the proposed site plan
dated April 1977, revised Xap 1977; said plan is hereby incorporated
by reference and made a part of this decision.
Signed
. . . .A1.fred:S.. F izelle,. Vioe-Chaix�an
Louis DiFrusoio, Clerk. . .. _
James D.. Moble,. Jr. . . . . . . . . . . .
. . . . . . Ralph, R.. Joyce. . . . . . . : . . . . . . .
Sandra.0mroe,. Assoc,.Resber
Board of Appeals
DONALD F. SMITH
ATTORNEY AT LAW .
316 ESSEX STREET
TEL. OFFICE 686.0142 LAWRENCE- MASSACHUSETTS
TEL- HOME 683-1838 01840
September 18, 1978
Board of Appeals
Town of North Andover
Town Office Building -
North Andover, Mass.
In re: George R. Barker, Jr. et ux vs.
. Monahan Management Corp. and the
Board of Appeals
Attention: Mr. Frank. Serio, Chairman
Dear Frank:
In accordance with our telephone conversation of last
Friday, I have signed an Agreement for Judgment in the above
matter. I enclose herewith a photocopy for the files of the
Board.
The effect of this Agreement is that the variance that
was granted by the Board has been annulled and the matter is such
now that no variance is- outstanding.
The Agreement was entered into after conferring with
Attorney Herbert L. Schultz who represented Monahan, and who has
advised that that Corporation does not wish to proceed with the
matter. Therefore, as. I suggested to you, if the Applicant does
not wish to proceed then the matter should not be pursued by the
Town or by your Board.
I am enclosing herewith a Statement of my fees for ser-
�� Lwu'` vices to the Town in the matter of the Appeal.
/ If the .Statement is satisfactory, I request that you for-
ward it to the Selectmen and have them approve payment.
Very truly yours,
DFS:mvs Donald F. Smith
Enc.
v
f,`-`
1 �
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
No. 8897
r'
GEORGE R. BARKER, JR. and )
DOROTHEA BARKER, ) y
Plaintiffs ) ''
Vs. ) 4
MONAHAN MANAGEMENT CORP. & ) AGREEMENT FOR JUDGMENT
ALFRED E. FRIZELLE, LOUIS )
DiFRUSCIO, JAMES D. NOBLE, JR. , )
RALPH R. JOYCE AND SANDRA MUNROE, )
being Members of the Board of )
Appeals. of the Town of North )
Andover, )
Defendants )
It is hereby agreed that the following entry may be made t
in the above-entitled action.
1. Judgment for the plaintiff without costs.
2. That the decision of the Board of Appeals of the '
Town of North Andover is annulled.
s
GEORGE R. BARKER;. •JR. AND
Dated: 1,2 /f DOROTHEA BARKER y
' By tkteir tore `
ALFRED E. FRIZELLE ET AL
By their attorney, M ael W. Morris t
J
317 Essex Street
Lawrence , Massachusetts 01840
686-3918 a .
Donald F. Smith,%-
316 Essex Street MONAHAN MANA.GEMEN CO
Lawrence, Massachusetts By- i att-or yr. ,
,.
686-0142 / f
Herbert L. ScIfultz
SWEE.';Er SARGENT 261 Common Street at : the Green
ATTORNEYS AT LAW Lawrence, Massachusetts 01840
210 E55"6TREET 685-9321. „a
LAWRENCE. - .. -..
14A55ACM115E?T5 01"i 1 - •�
a.G
Oversized Maps on file with the Town