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WILLOWS INC
�✓ Noark hny appew sMall be filed oE•� ?ti$�� ��` �� within (20) days after the -r�,��R � y� date of filing of this Notice C„"'' =�► G : s, Haas .• in the Office of. the :Town M. • f ';-I �OVER i4io5�,'' Clerk. AUG 23 12 3i �H #82 TOWNSSACHUSE NI OVER rITS BOARD OF APPEALS NOTICE OF DECISION I)ate . . . August 20 , 1982 petition No.. . . 31 $?. . . . . . . Date of Hearing. . . . A u c u s t 9 , 1982 . . . petition of . . 7 H E W I L L O W S , I tJ C . premisesaffected 815 Tu.rnp.ike_ _Street . - corne.r .of . W.illo.ws„Street. , . _ _ , . . , Referring to the above petition fora S.p e.c i a.l. . P e.r.Tni t unde.r . S.ect.i on .4, .Pa.rag.r.aph .4...129. . o.f . the. Zon.i.ng. .By. .Law . . . . . . . . . . so as to permit the cons.tructi.on. .of. .a hel i_po.rt . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . D E N.Y . the Special .Permit . . . xxd"mx yc xinlfsoxixsc;tlmc Bnntdsnegc�Iaspeo?aox#oc;bMU c a xpermitxto fon, xvnr4JbasedAxp9a theAa1kx&v=xchjdv= Signed Frank Serio , Jr . , Chairman Alfred E . Frizelle , Esq . , Vice Chairman Richard J , Trepanier, Esq . ,_ .Clerk William J . Sullivan Augustine .W... .rli cke.rson . . . Board of Appeals • F 31 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August -23 ,, 1982 The Willows , Inc . 815 Turnpike St . Petition No . 31- ' 82 Daniel Lonq , Town Clerk Town Office Building North Andover , Mass . 01845 Dear Mr . Long : The Board of Appeals held a public hearino on Monday evening , A,uqust 9 , 1932 upon the application of the Willows , Inc . The hearing was advertised in the North Andover Citizen on July 22 and 29 , 1982 and all abutters were notifie.d by regular mail . The following members were present and voting : Frank Serio , Jr . , Chairman ; Alfred E . Fri zelle , Esq . , Vice Chairman ; Richard J . Trepanier , Esq . , Clerk ; William J . Sullivan ; and Augustine W . Nickerson . The threshhold question in this petition is whether the petitioner is barred under Section 16 of Chapter 40A, of the Massachusetts General Laws , since a petition for heliport was previously sub- mitted to the Board by Capricorn Corporation on February 16 , 1982 and said petition was denied. The Board , upon a motion made by Mr. Frizelle and seconded by Mr . Trepanier finds that the petition before it is not the "same " since it is for a heliport on another parcel of land owned by the Willows , Inc . The petitioner introduced evidence to the Board showing the lo- cation of the heliport and the proposed approaches . The petitioner did not present a firm.. plan of use and testified that the specific helicopters using the facilities were not known , although all equipment would be of a general nature . Severpl abutters spoke in opposition citing noise and safety I considerations . REC_ VE^ r "The Willows , Inc. Petition No . 31- ' 82 TC°''' -ER August 23 , 1982 NORTii : OVER ;} Page 2 AUG B 12 31 PM `82 The Fire Chief expressed his views regarding the type of equip- ment since the materials used in the construction of the helicopters is a critical element to fire fighting techniques in the event of an emergency . Upon a motion made by Mr. Frizelle and seconded by Mr. Trepanier , the Board voted unanimously to deny the Special Permit for the following reasons : Under Section 10. 31 of the North Andover Zoning By Law : I . The specific site is not an appropriate location for such a use since it is in close proximity to an abutting office condominium development , a restaurant , a tennis club , and an abutting gas station. 2. A specific plan for the proposed use of the heliport was not presented to the Board ; for example , who would use the facilities , the number of take-offs and landings in a day , week , etc . , or the type of helicopters used on the facilities . In light of the fact that each of the provisions of Section 10 . 31 were not satisfied , the Board is compelled to deny the Special Permit . Sincerely , BOARD OF APPEALS +/fin �' Q♦ t I s�. (J_ CTAl Frank Serio , Jr Chairman AEF/jw Any appeal shall be filed within (20) days after the date of filing of this Notice A`""'" in the Office of the Town ar� a a ERK 9�s••• N0 4 f jU, •,�:CHU Clerk. N OF NOR An 23 12 31 PM `82 MASSACHUS TTS ANDOVER BOARD OF APPEALS NOTICE OF DECISION A , 1982 Date . . . . . . . . . . .ugust. . . .20. . . . . . . . . . . . . Petition No.. . . 3.1-. 8 2. . . . . . . . . . . Date of Hearing. . . A u a u.S t .9.119 8 2 Petition of . . . 1 H E W I L L Q W S , 1 PJ C . Premises affected .�l5. .Tu,rnpi.ke. .Street . - corner .of . Wi.11o.ws. .Street. . . . . . . . . . Referring to the above petition for a stfs#isix frh a . . S.p e.c l a.l. . Pe.r.m i t u.nde.r. . S.ect.i.on .4., Pa-ragraph. . 4...12.9 .of. . the. Zon.i.ng. .By. .Law . . . . . . . . . . . . . . . . . so as to permit . . the. .cons.tr.ucti.on. .o.f. .a. h.el.i.port. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . 1 . After a public hearing given on the above date, the Board of Appeals voted to . . . D E N Y . . . the Sp e c i.al. Per mJ t surd*A**ky)ax*o)iw Tow Bxjldia%Aaspeotasc w tam a xp"Mitxft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . boA fJ caHaxbcux i�oa pii sdaoxa wo faased Awaw 9eAalla9av6bmndif#= Signed Frank Serio , Jr. , Chairman Alfred E . Frizelle , Esq ..,. . Uice Chat.rman Richard J,<: . T_repa.ni er,. .Es.q , ,. ,C1 ertc William J . Sullivan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Augusti.n_e .W... .tli.gke.rS0.n . . . _ : . . . Board of Appeals R 31 fA p �cNuS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 23 , 1982 The Willows , Inc . 815 Turnpike St. Petition No . 31- '82 Daniel Long , Town Clerk Town Office Building North Andover, Mass , 01845 Dear Mr. Long; The Board of Appeals held a public hearino on Monday evening , Auqust 9 , 1982 upon the application of the Willows , Inc. The hearinq was advertised in the North Andover Citizen on July 22 and 29 , 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 ; Richard J . Trepanier , Esq . , Clerk ; William J . Sullivan; and Augustine W . Nickerson . The threshhold question in this petition is whether the petitioner is barred under Section 16 of Chapter 40A of the Massachusetts General Laws , since a petition for a heliport was previously sub- mitted to the Board by Capricorn Corporation on February 16 , 1982 and said petition was denied. The Board, upon a motion made by Mr , Frizelle and seconded by Mr . Trepanier finds that the petition before it is not the "same " since it is for a heliport on another parcel of land owned by the Willows , Inc . The petitioner introduced evidence to the Board showing the lo- cation of the heliport and the proposed approaches . The petitioner did not present a firm plan of use and testified that the specific helicopters using the facilities were not known , although all equipment would be of a general nature . Several abutters spoke in opposition citing noise and safety onside tions . c ra RECEIVED The Willows , Inc. DANIEL LONG Petition No . 31- ' 82 TOWlGER August 23 , 1982 NORTH Al DOVER Page 2 An 1231 PH The Fire Chief expressed his views regarding the type of equip- ment ment since the materials used in the construction of the helicopters is a critical element to fire fighting techniques in the event of an emergency . Upon a motion made by Mr. Frizelle and seconded by Mr . Trepanier , the Board voted unanimously to deny. the Special Permit for the following reasons : Under Section 10 . 31 of the North Andover Zoning By Law : I . The specific site is not an appropriate location for such; a use since it is in proximity to an abutting office condominium development , a restaurant , a tennis club , and an abutting gas station . 2 . A specific plan for the proposed use of the heliport was not presented to the Board; for example , who would use the facilities , the number of take-offs and landings in a day , week , etc. , or the type of helicopters used on the facilities . In light of the fact that each of the provisions of Section 10 . 31 were not satisfied , the Board is compelled to deny the Special Permit . Sincerely , BOARD OF APPEALS of� ,z� , ; Frank Serio , Jr. , Chairman AEF/jw RECEIVED • �NORTy'� Any appeal shall be filed 0 A N I C L L0,k=G ra 3:��� within (20) days after the a �: . NQRTIa' A'=i3!?YER "°"""' �# date of filing of this Notice ¢ gess .. in the Office of, the Town APR �S � 46 PM ��� p°'TVC, :•'"� Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . .RP.ri 1 16 1, 82. . . . . . . Petition No.. . . .9 . -. . '`$2 . . . . . . . . . Date of Hearing. .!A r c h. . Petition of THE .l,l I L L OW S , I PJ C , . . . . . . Premises affected A 0 5/81.5 T urn p ik e. S t r e e t. _ . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . : Z o 0,n g. .5y.-L a w Section 6 , Par. 6 . 5 . . . . . . . . . . . . . . . . . . so as to permit the si r,ns. of_ the. .WiJl ows. .Rac.quet . :C.l.ub. .an, . C hpots. . . . . . . Res taur.ant, .to. .remai.n , at, their p.resent. .1o.cet.i.on.s After a public hearing given on the above date, the Board of Appeals voted to . . D.E td Y. . . . . the . . . . .v.a r i,a n.ceW*lf*k:f l@lPft Qxi"AR(PAftw ftPIF9l✓w lox km�(A . . . . . . . . . . . . . . . >1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SPK��(9i�X��lf�Xc;F�PI!�Pk;��X�1PX�IIaR'�9t�4��h�R�kl?Phf��P7�'l �'�if� X Signed F.r a n.k . S.er i.o , . J r..., . Ch a i.rm an. . . . . . . . . Alfred E . Frizel.l.e,. .Esq.. ,. .Vi.ce . Chairman Pi-chard J.. Jrepan.i e.r., . .Esq...., . Clerk' Auou.s.tine. W . . Ni ck.ers.on. . . . . . . . . . . tJalter F .: .Sou.l.e. . . . . . . . . . . . . . . : . . . Board of Appeals aoRr„ RECEIVED o•`�. ._ NORTH -OLOVER u y9 �QSACXUg APR 1©�+ 147 P� f�L TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS t.pril 16 , 1982 The Willows , Inc . 815 Turnpike Street Petition No . 9 - ' 82 Mr. Daniel Long , Town Clerk Town Office Building North Andover, !glass . 01845 Dear Mr . Long : The Board of Appeals held a public hearing on Monday evening , March 8 , 1982 upon the application of The Willows , Inc . 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 at the public hearing: Frank Serio , Jr. , Chairman ; Alfred E . Frizelle , Esq . , Vice-Chairman , Richard J . Trepa.nier , Esq . , Clerk ; Augustine W . Nickerson ; and Walter F. Soule . The petitioner requests a variation of Section 6 , Par. 6 . 5 of the Zoning By Law to permit the existing signs of the Willows Racquet Club and Cahoots Restaurant to remain at their present location . Evidence was introduced showing that when the signs were erected , the land was owned by the petitioner ; however , subsequently , the portion where the signs are located was conveyed to a new office park development. Upon a motion made by Mr. Frizelle and seconded by 11r:' Trepanier , the Board voted unanimously to deny the variance as requested . The Board finds , pursuant to Section 10. 4 , that the petitioner did not meet the requirements therein , specifically , that no hardship was shown, and furthermore , the petitioner seeks to have the signs located on property other than its own property, which is not allowed under Section 6 of the zoning By Law . Sincerely , AEF/, w Fr?,nk Serio , Jr„ Chairman • Any appeal shall be filed �,olaa, within (20) days after the •'�• • `�� date of filing of this Notice 3' in the Office of the Town •�: NnKm :m P� , �VE1 s 1855 • Clerk. �•....... CHU� AuG 23 ( 11 N '83 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD QF APPEALS NOTICE OF DECISION August 16 ,' 1983 Date . . . . . . . . . . . . . . . . . . . . . . . . . Petition No.. . . 3 9. '.8 3. . . . . . . . . . . Date of Hearing. .A u.9 u S.t . 8., 19$3 Petition of . . . . . . . . H F. .W I.L.L 0 W S�0. .I N C; . . . ... . . . . . : . . . . . .. . . : . :. . . . . . . . . . . Premises affected . S Q u,t h d a s t. ,s i.d e, o f„Wil 1.o w. _S t.r e e t . . . . _ . . . . . Referring to the above petition far aS,p a c.i.a 1_ .Perm i t unde.r . Se.ction 9, Paragraph 9 . 2 of the Zoning By Law so as to permit eoxais�s►�ertsrik . . t.h a. .e n l.a r g.e m e,n t, .Q f. .a . n.o nr.c Q n.f.o rr�i n,g . s.t r,u.G t u,r a.•. . . . . . . . . .;. . . . . . . . . I . ... . . . . . . . . . . . . . ... . After a public hearing given on the above date,the Board of Appeals voted to . r a n.t . . . the S•p e c.i.a.1. . P e.r.m.i.t . . . . . . . . . . . and hereby authorize the Building Inspector to 'esus a pernnitto . .the . Wi. l.1.ows., I_nc... .. by,Mwoonstm&mu ofc thexAmw iWt*l borAd xip�lKtil �x�li�Hrgitl : r Signed Frank Serio , Jr. , Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alfred . zeTle , Esq . , Vice . Chairman Ric.ha.r.d . J, Trep.ani.er.,. .Es.q . ,. .Clerk l. ,ya.n . . . . . . . . . . Augus.ti n.e . W.. . Ni.cke:r.ion. . . . . . . . .. Board.of Appeals Any appeal shall be filed "vso within (20) days after the date of filing of this Notice in the Office of the Town N 0 R T . 'a E€2 FM /Q},�Uq9Jy °� «=- • = Clerk. 7a AUG ZJ I 11 t M , TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 16, 1983 Mr. Daniel Long , Town Clerk The Willows , Inc. Town Office Building SE side of Willow St . North Andover , Mass. Petition No . 39- ' 83'' Dear Mr. Long : The Board of Appeals held a public hearing on Monday evening , August 8, 1983 upon the application of the Willows , Inc . The hearing was advertised in the North Andover Citizen on July 21 and 28 , 1983 and all abutters were notified by regular mail . The following members were present and voting : Frank Serro, Jr. , Chairman ; Alfred E . Frize`lle , Esq . , Vice Chairman ; Richard J . Trepanier , Esq . , Clerk; William J . Sullivan; and Augustine W . Nickerson . The petitioner is seeking a Special Permit under Section 9 , Par- agraph 9. 2 of the Zoning By Law so as to permit the enlargement of a non-conforming structure on premises located on the southeast side of Willow Street. Mr. Robert Regan testified that the buiIdVng conformed to zoning when it was constructed in 1972 . Under the present Industrial -1 zoning , however , the side setback requirement cannot be met . He proposes to add racquetball courts as well as fitness and office areas by extending the line of the original building. Section 9 , .Paragraph 9 ,2 of the Zoning By Law allows such an enlargement with a Special Permit from the Board of Appeals . Upon a motion made by Mr . Frizelle and seconded by Mr . Sullivan , the Board voted unanimously to grant the Special Permit as requested . The Board finds that all of the requirements of Section 10 .31 of the Zoning By Law have been satisfied . REE IVE13 DA P; _flit, August 16 , 1983 TCw"r ERK The Willows , Inc . �lfl1,, 1 ,-.,LGVER Petition No . 39- 183 Page 2 AUG 23 Iii pM '83 Specifically , ;the Board finds that the site is an appropriate lo- cation for such a use , since the proposed enlargement is a contin- uation of the current use ; the use as developed will not adversely affect the neighborhood ; there will be no nuisance or serious hazard to vehicles or pedestrians ; adequate and appropriate facilities will be provided for the proper operation of the proposed use ; and the use is in harmony with the general purpose and intent of the Zoning By Law . Sincerely, BOARD OF APPEALS tet• p, �C ., ,� �, � �. Com) Frank Seri o , Jr. , Chairman Jw Received by Town Clerk : 3 FORM A +)x, NMI d "R APPLICATION FOR ENDORSEMENT OF PLAN A03 2 11 N 104 BELIEVED NOT TO REQUIRE APPROVAL January 20, 19841 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and request: 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 , Willow St. & Rte 114 or a private way, namely , being land bounded as follows : On the south and west by Willow St- 9 on the north by land N/F Rte 114 Realty Trust, John McLay and Getty Oil Co. , on the east by Rte 114. 2 . The division of land shown on the accompanying plan is not a sub division for the following reasons : Frontage on a public way 3 . Title reference North Essex Deeds , Book .jzi& ; Page 367 or Certificate of Title No . Registration Book Page Applicant' ignature • Owner' s signature and address if not � �j: w.5 the applicant : Ap Klic n ' s Addres 8i � 42nSP��� SST" _ / VJ �Nl�UVZ�C Received by Town Clerk : 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 North Andover Planning Board hasdetermined 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 truly yours', NORTH ANDOVER PLANNING BOARD;- By : Date . O RESCISSION NOTIFICATION In accordance with M.G.L. Chapter 41, Section 81W, the North Andover Planning Board held a Public hearing on January 7, 1985 in the Town Office Meeting Room for the purpose of rescinding the approval of the Willows Industrial Park Extension Definitive Subdivision . The hearings were continued to the January 21 and February 4, 1985 Planning Board meetings. The hearing notice was duly advertised in the North Andover Citizen on Deceml-sr 14 and 20, 1984. At the Planning Bf>ard's February 4, 1985 hearing, the board VOTED : To rescind the Definitive Subdivision Plan of Willows Industrial Park Extension Ioeated in : North Andover, Ma., Scale 1"=40' Dated June 13, 1980,rev. October 6, 1980, Sheet 2 of 2 Sheets. Owner of Applicant: Willow Industrial-F�ark, 915 Turnpike Street, North Andover,. Ma. ; Survey - - - Frank C. Gellnas . Associates; Engineer, Robert-P. Regan. ,Plan is recorded with Essex North District Registry of Deeds as Plan No. 8648. Said motion is based on the oral presentation and affidavit as to the recording,order and clear noncompliance with the Planning Board-`s approval dated October 22, 1980, recorded July 19, 1982, #6997. Motion : Michael P. Roberts Second: Erich W. Nitzsche In Favor : Erich W. .Nitzsche, Paul A. Hedstrom, Michael P. Roberts Abstairl.: John A. James, Jr. Lot S is owned by Robert P. Regan, John Grasso and Vincent Grasso as of` February 4, 1985 and recorded with the Registry in Book 1873, Page- 15-9. Chairman COMMONWEALTH OF MASSACHUSETTS Essex, ss. February 5 1985 a ae� Ining personally appeared Paul Hedstrom Chairman of the North Andover Foie Board of Massachusetts and acknowledged the foregoing instrument .> a., to%e the free act and deed of, said Planning Board, before me, °R srr �t Notary Public , My ommisssionFExpires NORTH ESSEX DISTRICT REGISTRY OF DEEDS Lawrence, Massachusetts, 09840 DATE RECEIVED: / % Dollars FOR: REGISTRR c I I ;j COMMONWEALTH OF MASSACH0 I ESSEX, SS. .t 0 SDU� SET C N0.• � I THE WILLOWS, INC. , ) !(_ '• Plaintiff ) I, vs.. ) l FRANK SERIO, JR. , Chairman, ) COMPLAINT ALFRED E. FRIZELLE, RICHARD ) + J. TREPANIER, WILLIAM J. ) SULLIVAN, AND AUGUSTINE W. } NICKERSON, as they are ) members of the Board of ) Appeals of the Town of ) North Andover, ) Defendants `I 1. The plaintiff is a corporation duly organized under the laws of the Commonwealth of Massachusetts with its usual place of business at North Andover, Essex County, Massachusetts. 2. The defendants named as parties herein are members of the Board of Appeals of the Town of North Andov- er, Essex County, Commonwealth of Massachusetts, (hereinafter referred to as "Board of Appeals") and all of the defendants are residents of the Town of I� North Andover. ` 3. On or about July 19 0 1982, the plaintiff filed an application with the Board of Appeals, a copy of which is attached hereto and marked Exhibit "A," which application requested a special !I permit "to construct a heliport for the use and !: benefit of The Willows, Inc. , and the occupants and owners of the Willow Industrial Park and the ,I Willows Professional Park." I1 4. That, thereafter, on August 9 . 1982, the Board of Appeals held a public hearing on the application I of the plaintiff for a special permit. j 5. That on August 23, 1982, the decision of the Board I of Appeals, denying the plaintiff' s application for a special permit, was rendered in written form and filed with the Town Clerk. A copy of that decision attached i ' s a to and marked Exhibit "B. " l' t he hereto e ' h I,I I I i WILLOWS, INC. vs. I? BOARD OF APPEALS C. A. No. Page 2 6. That the decision of the Board of Appeals, Exhibit "B," makes findings of fact and law which purport to be necessary to . cornform with M.G.L. , Chapter 40A, Section 99 and that these mixed findings of fact and law are unreasonable, capricious, arbitrary, and based on a legally untenable r (i ground, i 7. That the reasons given by the Board of Appeals in support of its decis' o i n i. e. (l) the proximity of the heliport to buildings and f (2) the lack of a plan for the proposed use of the. heliport are unreasonable, arbitrary, capricious, and based upon a legally untenable ground. 8. That regarding the first reason cited above, the Board of Appeals made no, finding of fact regarding the distance be- tween the proposed heliport and buildings and made no finding of fact concerning the recommended. distance between heliports and buildings. 9. That regarding the second reason cited above, the plaintiff did specifically answer questions concerning the size of the I , heliport; the persons who would use it, the number of take- offs and landings, and the type of helicopters that would use the heliport. ' 0. Therefore, the decision of the Board of Appeals, Exhibit "B, " exceeds the authority of the Board of Appeals by reason of the facts set forth in this complaint, and the Board of Appeals should be ordered to allow plaintiff' s application for a special permit. WHEREFORE, the plaintiff requests that the decision of the defendant Board of Appeals be annulled by reason of said decision exceeding the authority of said Board bf .Appeals and the Court order the Board of Appeals to grant plaintiff a special permit. By his attorney, tE G dg se ' e s wire 347 E sex Str et Sal m MA. , 01970 (617 745-3530 Y Received by Town Clerk : pad-'. TOWN OF 14ORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS y e Time : ; suN�•� Notice : This application must be typewrittlen APP ICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE gly- u2x s'� 5^ �f'uLiox 3t.S� Applican iia -01 Address lyo- AvoLl,tP- , Iyri uiHgs' 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_ Paragraph q. 1.2y 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 affect- ed are land X and building( s ) numbered l�/S rullpipice /C.>R �^}Street . (b) Premises affected are property with frontage on the North { } South ( ) East ( ) West ( ) side of Street , and known as No . Street (c Premises affected are in Zoning District T_- 1 and the premises affected have an area of q and frontage of square feet . 3. Ow ership ti ( a Name and addressr ,of owner ( if joint ownership , give all names ) : Date of purchase NA1�72.., Previous Owner.1A,0 ( ) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain ) 4 . Size of proposed building : NSA front ; feet deep ; Height : stories; feet. i a ) Approximate date of erection : b)) Occupancy or use of each floor : (c) Type of construction : _ 5 . Size of existing building: 1, A feet front ; _ feet deep ; Height : stories ; feet . (a ) Approximate date of erection : (b) Occupancy or use of each floor : (c) Type of construct Has there been a previous appeal , under zoning , on these premises ? � 6 . If so , when? 7. Description of relief sought on this petition 8. Deed recorded in the Registry of Deeds in Book J/1C 3 Page0��_ or Land Court Certificate No. BookaP�- ge The• principal points , upon which I base my application are as follows (Must be stated in detail ) 1 1 'L2.11-c-t�C- .•C7.: /-J". - �CC"l.v'' .arC� Z ` .�" .��..�`�-z..-�� tom.. �ZI�'• r � �) ./�Z''�'��.-r.--4',9'" C.,.,.tC - (f�'2..,-'3u2-.,'2/�-�� Lr/�--"^.t. �;<".!vGX/CJ�"L,.'- J'`i•.'L'c.,-�.-c.�C. j' 4.f/+ ^•t /Y.,//�/ ..iC.h.� ��" Gp"4✓�'. (/•�rr/itryj y" .,.- Od-- S I agree �to� g for ddve� ising in newspaper and incidental expenses* f,.� •t,J i r� Ile Petitioner ' s Si nature J Sec. 1 XPPLICATIO4 Q M 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 official application form. All in- formation 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 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 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 . i Every application shall be submitted with an application charge cost in the amount of $25 . 00 . In addition , the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES IN I14TEREST Name Address V ' � :�t G;..Yr.t�....wv.-- (.Jl�!z.r•ca.�..-C c.av— /r1 � /U C "^-Y �'„�i� C./f"I ' Ce T 7 ✓U f3. sG 3r, Cfk T. r ta, A T l Ctrs"r. <� C c h_ C•- �z F (_ a s t Use additional sheets if ne essi ( c a r Y) yid r `• E O�.`rpO��Elt�•'e'1 F. A oL,� Any appeal shall be filed isas '• within (20) days after the rQ At � ' R ; "dg�, date of filing of this Notice JUN 227 PM '8q TOWN OF NORTH ANDOVER in the Office of the Town MASSACHUSETTS Clerk. BOARD OF APPEALS NOTICE OF DECISION Date . . . . . 14y. .31.,. . 19,84. . . . . . . Petition No.. . . . .17718.4 . . . . . . . . . Date of Hearing. . .4P-ri-1 . 9.,. . 19.84 cont. to May 21, 1984 Petition of . . . 71T. WILLOWS INC . Premises affected . . . . 8.15 Turnpike St.. . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Zoning. By, Law Section 6 .6 , Par. 5 (d) . . . . . . . . . . . . . . so as to permit relief from , the, requirements, ,qf. ,the .Zoning. By. . Law. .to. .allow the continued. .exi.stence, ,of, a. .sign. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .Gr ant . . . the variance . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �l� t�c�Elax��tk� ¢��'o��se�d�g8� disc Signed Frank .$erio. . Jr..,. .Chairman . . . . . . . . Richard. .J.. Trepanier, . Esq.., . Clerk Wi.11i.am. .J.. .Su.11ivan. . . . . . . . . . . . . . . . Augustine. W.. . Nickerson. Ra mond �'�. _vivenaio Es q. y Board of Appeals ° - Any appeal shall be f"04 within (20) days aftcr 'he if" ` k R date of filing of t' iz :ice SUN ;�•�' In the Office of the Town 2 27 PH 1Bq `'a cmm Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS i May 31 , 1984 Mr. Daniel Lang, Town Clerk The Willows, Inc. Town Office Bullilding 815 Turnpike Street North Andover, Mass. Petition No. 17- 184 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, May 21, 1984 upon the application of The Willows, Inc. The hearing was advertised for Monday, April 9, 1984 in the North Andover Citizen on March 15 and 22, 1984 and continued until May 21 , 1984 since the applicant was not present on April 9 , 1984. The abutters were notified by regular mail and the following members were present and voting: Frank Serio, Jr. , Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; Augustine W. Nickerson; and Associate Member Raymond A. Vivenzio , Esq. The petition seeks a variance from the provisions of Section 6. 6, Paragraph 5(d) of the Zoning By Law so as to permit relief from ; the requirements of the By Law to allow the continued existence of a sign which does not meet the setback requirements of the Zoning By Law on premises located at 815 Turnpike Street (Route 114 ) . Mr. Robert Regan testified that the sign has existed on the lot for eleven years. The Building Inspector determined that the sign must be removed since the land on which it is located is owned by a different party. The strip of land has since been conveyed to the Willows, Inc. In addition, the sign is set back 6 feet from Turnpike Street where ten feet is required. No one spoke in favor or opposition to the petition. I F ti The Willow, Inc. 815 Turnpike Street Bari Petition No. 17- '84 May 31, 1984 Page 2 JUN 9 Upon a motion made by Mr . Trepanier and seconded by Mr. Sullivan, the Board voted unanimously to grant the variance as requested. In granting the variance, the Board finds that a literal enforce- ment of the Zoning By Law would create a hardship to the petitioner since the sign would have to be removed or relocated without said variance. The variance, in the opinion of the Board, may be granted without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Sincerely, BOARD OF APPEALS Frank Serio, Jr. , Chairman 7w (Plan to follow) reek ¢E.Law �d.99 l �saxal ., 6M '6q ✓c 6f7777-�3�4 July 2, 1984 Mr. Daniel Long Town Clerk Town of North Andover North Andover, MA 01845 Re: The Willows, Inc. vs. Frank Serio, Jr. , Chairman, et al Civil Action No. 84-1567 Dear Mr. Long: Enclosed is a copy of the Complaint on behalf of The Willows, Inc. appealing the decision of the North Andover Board of Appeals filed with your office on June 12, 1984. Sincerely, (g4 - E ar L. Kelley ELK:das 7 Enclosures t ! yfF,� 4 t `w. !i �1.�^r�J1V 11�3I 1' �'s+� �11lir C�..S14~.\�✓�. - . i- k �.. LA �; ESSEX, Ss . -.1 : O1+ RT DEPARTMENT i I I ) I I; THE wlTILows, INC. , Plaintiff ) w 17S , ) F%-:ANS: SERIO, JR. , Chairman, ) NOTICE OF APPEAL I RICHARD 7. TREPANiER, ) h AUGUST--= W. �TNICKERSON,^ ) f WILLIAM J• 17�.ILL1.V'1"1 it, and / , RAYMOND A. VIVENZID, as ) they are members of the ) I Board of Appeals of the ) j Town of NorthAndover, ) I Defendants ) p i (' TO: ! i Board of Appeals Ncrtr Andover , MA 01845 I' i Notice is hereby given that the Decision of the Board of I � ! Appeals , entered with and received by the Town Clerk of North E [ Andover, Massachusetts , on •June 12 , 1984 , and more specifically e ! ( described in the Complaint, a copy of which is attached hereto, E ' has been appealed to the Essex Superior Court by Complaint filed din said Court on Friday, June 29, 1984 . The Willows, Inc. By its attorney, I) 4 +� I 1 { 7brL. Kelley, Esq ire Professional B ilding ty Square Danvers, .MA 01923 i ( 617 ) 777-5340 C:) 9NWEALTH OF MASSACHUSETTS JUL 2 3 24 FM '8�{ ESSEX, SS . SUPERIOR COURT DEPARTYIENI i CIVIL ACTION NO. i: THE WILLOWS , INC. , ) Plaintiff ) ) ) % FRANK SERIC, JR. , Chairman, ) AFFIDAVIT OF NOTICE ?: RICHARD J . TREPANIER, ) i` AUGUSTINE W. NICKERSON, ) ii WI LIAM J. SULLIVAN , and ) ! RAYMOND A. VIVENIC, as ) iithey are members of the ) I� Board of Appeals of the ) ]! Town of North Andover , ) �t Defendants ) ! i� I , Edgar L. Kelley, Esquire, plaintiff ' s attorney, certify s!. that on June 29 , 1984 , I personally delivered, in hand , five ( 5 ) copies of the form of Notice of Appeal being attached hereto, each ; I ; Notice containing the name of one of each of the defendants, so i; that each defendant was named on one Notice, to the Office of the Il Town Clerk, 120 Main Street, North Andover, Massachusetts. ii Signed under the pains and penalties of perjury this 29th 6day of June, 1984 . i I i Edgar &. Kelley, Esguire j 1891rfrofessional B�]ildi Liberty Square ; Danvers , MA 01923 ( 617 ) 777-5340 C i f t , R _^..OMYVDNWEALTE of MASSACHUSETT4 ,JS c3 24 ACT-' - 1 C' - ' THE WIT T L .,OhS, INC. , ) Plaintiff ) ) pur_N!- S IL , J R. , ChaIrman, 1 COMPLAINT RICHAR= 'r'c:t?AN_7ER, ) I; AJGUSTINZ W. NICKERSON , ) Tn1LLIA '. = 'L_IVA N , and ) ,{ RAYMOND A. JVENZIO, as ) !, they are members of the ) ! Board of Appeals of the ) Town of North Andover, ) Defendants ) i Tne :plaintiff is a corporation duly organized under the laws of the Commonwealth of Massachusetts wit'_ il-s usual place c-- business :business at North Andover, Essex County, Massachusetts. �12 . The defendants named as parties herein are members of the Board of Appeals of the Town of North Andover, Essex County, Commonwealth of Massachusetts, (hereinafter referred to as "Board of Appeals" ) and all of the defendants are residents i cf the Town of North Andover. l i On or about April 21, 1984 , the plaintiff filed an applicatio h with the Board or Appeals, a copy of which is attached hereto and marked Exhibit "A" , which application requested a special E permit "to construct a heliport for the use and benefit of i ! EE� The Willows , Inc. , and the occupants and owners of the Willow Ei F Industrial Park and the Willows Professional Park. " f i c � y, Thereafter , ra_> 21, 1984 t.^.e Boars of Appea�s held a j i pu: _ic heart -- c- the application cr i ,.e Plaintiff for said { I F l rm + SDe:ial PeI f y L I[.-L : 5 . On June 12 , 1984 , the decision of the Board of Appeals, I a denving ate plaintiff ' s application for a special permit , was renderer in written form and filed with the Town Clerk. i A copy of tha- decision is attached hereto and marked nn iix Zablt "L" �� 6 . The decision. of .he Board of Appeals, Exhibit "B" , makes f findings of fact and law which purport to be necessary to i �'. conform, with M.G_L. , Chapter 40A, Section 9 , but these mixed i findings of fact and law are unreasonable, arbitrary, and 1 I based on legally untenable evidence and are contrary to the provisions of the Special Permit Sections of the By-laws , namely Section 4 , Paragraph 4 .129 . i The reasons given by the Board of Appeals in support of its ; decision , i .e. ( 1 ) the proximity of the heliport to "a neighboring residential district" etc. under finding numbered 1 ; ( 2 ) the adverse effect upon"the residential character of the i abutting R-2 district" ; ( 3 ) The finding of a potential safety hazard (finding 3 ) ; and ! ( 4 ) The finding of disharmony "with the general purpose and intent of the Zoning By Law" ; I are unreasonable, arbitrary and contrary to the evidence and the spirit of the By-laws. .i k -2- r Res-ectin^ she �-st reason: ci_ed above , the Board of Appeal made no findings of fact regarding the distance between the proposed heliport and buildings and made no findings of fact concerning safety conditions applicable to the permitted use an4cmpetinc considerations rine ngs ru:, eree ( 2 ) ( 3 ) and (4 ' are at variance with the - I standards regulating the location and use of heliports in a permitted zone (See Exhibit "C" and its references, letter of Massachusetts Aeronautics Commission to Board of Appeals, 1 dated May 18 , 1984 . ) I 10 . Therefore, the decision of the Board of Appeals , (Exhibit "B" ) � exceeds the authority of the Board of Appeals by reason of the facts set forth in this 'Complaint, and the Board of Appeals t should be ordered to allow plaintiff ' s application for a i special permit. , 11 . The submission by the plaintiff to the Board of Appeals of i; its "form of conditions and restrictions" proposed in its I letter dated May 30 , 1984 , offered a reasonable basis for the ! issuance of a Special Permit consistent with the By-laws, s Section 4 , Paragraph 4 . 129 and the standards for issuance of 4 Ifsuch a permit having permitted use. The Board of Appeals 1 IE failed and refused to consider and weigh the reasonableness of ' the plaintiff ' s proposal, contrary to law. The Board of ' Appeals obviously acceded-to the emotional impact of the individual opponents of the application based upon emotional If i -3- t titi7HEr � , lziz4f: recuests that the decision, of the defendant Bca- kzrpeals be annulled because saic decision exceeds t nE� of said Board of Appeals and that the Court ! order the B c of Appeals to grant plaintiff a Special Permit. The Willows , Inc. By its attorney Edgar L. Kelley, Esquire j �j 1891 Professional Building j f Liberty Square I Danvers , MA 01923 i! (617 ) 777-5340 ll � l i3 i i i i 1 I I r i t i f i { R C i i1 -4- I, RecA-Ire ,by 7iown Cera r F me :p ! ! {a Z77. m s ' Tien k:. APPL: CATIGN FGF, RELIEF FRDN� THE REAL: RELMENTS F n� �GNIN6 ORDINANCE Applicant_ l4C Wt1-(,V !>, �nsC• Add'i's 1 11Q�JP��E ST ? , Apr + ' alien. is r.ereby made ( - ieCi ft:° -,,R the requirements c, f Se : i �r: Paragraph Taule of tt!e Zoning by-Laws . ( b For a SDecia , Permit under Section Paragraph 4. 12-9 of the ii inc by- Laws . ( c) As a party aggrieved , far review` of a decision; made by the Building Inspector or (other authority. i numbered 2 . ( a1 Premises affected ar 'lander_ and building(s ) I' _ $15 W1L �W Strew;. . L ( b ) Premises affected are property with frontage on the North South ( ) East ( } West ( ) side , of Street_ Street , and known as No . . - Premises affected are in Zoning District r=/ t � andnd ithe premises affected have an area of a 4.± s4a- ` of fleet . 3. Ownership ' i ve all names ) ( a ) Name" and_. address of owner ( if point ownerships g T W c c.c.o ws .1- Q C_ jQ Date of purc,ha:se '?2 Previous- Dwrier J W Folz ti If applicant nt is not owner , check his interest in the premises : a Lica) T, Prospective Purchaser Lesee Other ( explain) . IA 4 , - Size of proposed building : N front ;. feet deep ;feet. Nei ht : stories ; ( a ) Approximate date of erection : ( b ) Occupancy or use of each floor : ( c ) Type of construction :_ 5 . Size of existing building : fent front ; feet deep, feet . Height : stories ; ( a ) Approximate' date of erection : ( b ) Occupancy or use of each floor: cl Type o ! co,r.struc ion : HA rlt�Tx (3LOUC �p E S7►�ESs� Gow+ucilt 6 . Has ,.Here t been a previous appeal , under zoning , on these premises? 7"— , If so , when? 1 7 . Description of trelief sought on this petition g, Deed recorded in the Registry of Deeddss in Book /19 Page �o, or No . Land .0 ourt Certificate Cate bra" K .` ani y t q N" 1✓LJ ` f'c within Zdays azer tie Al�.`.= .s ate Of ii,t'n< ,,: .hs in the Office of the Town + "�o.;�Vt!N CAP; NORTH AN-DOVER . h *_5SACHUSETTS Cierk. BOARD OF APPEALS NOTICE OF DECISION Date . June . e.4 . 1.°84. . . . . . Petition No.. . . -.f:7.x.8 . . . . . . . . . . . w .. 211 . .198.9 Date of Hearing._ . . :, .iay. tr Petition of . . . Tri WILLOWS , INC. . . . .. . . . . . . . " ' rorney or `r',:_r.Fike. -Street, and. .Wi1lQ?' Street, };nown, as Premises affected . . .i 815 Turnp.re Street � y.�{},B . . Special .Permit Referring to the above petition for a > �S�:�mffiif�Ezegxil� B under Sec 4, -'aragrap� .9_ 129 0 . .the . Zonin By- Law. . . . . . . . . so z as to per: L t e . construction- .of. .a. h�liport. ... . . . . . . After a public herring given on the above date, the Board of Appeals voted to Deny the Special -Permit . . xdZeselaXiu�a#lsk§ R� � 44Ratstaixax qqn $igned Frank .Se.rio., . Jr.., chairman. . . . . Richard J. . P l; Tre anier., . sq.., . clerk Augus.tiae . W. . Nickerson . . . . Raymond. A. , Viv.enzio.,. .Bsq. . Board of Appeals Any apDea' snap be filed _ within (20! eays after the F n I•I to f ii of th!i Notice - oar_ o: fi n . ,. i? In the Office Of the Town Clerk. TOWN G;: NORTH ANDOVER MASSACHUSETTS BOA e OF APPEALS June 8 , 1984 Mr. Daniel Long, 'Town Clerk The Willows , Inca Town Office Building 815 Turnpike Street North Andover , Mass . 01.845 Petition No. 26- 184 Dear Mr . Long: The Board cf Appeals held a public hearing on Monday evening , Mav 21 , 1984 upon the applica i n f he Willows, Inc. The hearing was advertised in the North Andover Citizen on April 26 and May 3, 1984 and all abutters were notified by regular mail . The following members were present and voting: Frank Serio, Jr. , Chairman; Richard J. Trepanier, Esq . , Clerk; William J. Sullivan; Augustine W. Nickerson; and Associate Member Raymond A. Vivenzio, Esq. : The petitioner seeks a Special Permit under Section 4 , Paragraph 4. 129 of the Zoning By Law so as to permit the construction of a heliport on premises located at the corner of Turnpike Street and Willow Street , known as 815 Turnpike Street (Route 114 ) , located in the Industrial-1 ( 1 -1 ) zoning district . Mr . Robert Regan 'testified that the proposed heliport would be located on the roof of the new addition to the racquetball club, located in the Willows Professional/Industrial Park. It will be twenty-four (24) feet off the ground . It will be approximately eight hundred (800) feet from Turnpike Street (Route 114 ) , a State highway. The heliport will be for his personal use and for use by tenants of the professional and industrial parks . No fuel will be stored on the site. The proposed flight pattern will not be over ,the adjacent residential area . Several 'neighbors and citizens spoke in opposition to the petition. L I _ Tian fl7�t_l i /Q� Petition. No. 6- ' 84 'Mine 8 1984 46 All 'v't T. ' L The Board took the petition under advisement and rendered ' a deci- sion at a special meeting held on Wednesday evening, June 6 , 1984 with Members Serio, .Trepanier, .Nickerson and Vivenzio present and upon a mctioL made by Mr. Nickerson and seconded by Mr. Vivenzio , the Board voted unanimously to deny the petition. Ir_ denying the Special Permit , the Board finds that Section 10.31 of the Zoning By ;Law has not been satisfied. In particular , the Board finds I _ The specific site is not an 'appropriate location for such a use or structure, given :its close proximity` to a` neighboring residential-district , a . restaurant, ,a gas station, a- tennis club , an industrial park which has not reached its building potential , a ,'proposed industrial park to be constructed in the near future , an office park, and the State highway. 2 . The use as developed will adversely affect the residential character of the abutting R-2 district . 3. The request represents a potential safety hazard to vehicles and tenants of the professional and industrial parks as well as the surrounding businesses and homes. 4 . - The proposed use and the proposed site are not in harmony with the general purpose and intent of the Zoning By Law, since an airport with helicopter landing pads is available ` and convenient to the petitioner at the nearby Lawrence Municipal Airport, located in North Andover, Mass. Sincerely, BOARD OF APPEALS Frank Serio, Jr. , Chairman J TM' \ SAH 113 IT '`e „ i E, c_ -ic r,-n aa , c LGan ' reGleSi dlC a S'.Le 5LUd for a ^i_ off I ZE CDiDDI e?: JUSI 077 Brei anb have ,r. I U�� }' fl(, r�. D.y• ;E v.'�.',. - ❑ ; �L �� ,� -rDT' C SaTeiti, ew.:ci _. tiers Ecr`eI E E ro rt:' irSD ions and: obervations concerning this subject, I -r -r- - Reaan an a Droval for him to voj crani. Mr P, 11. � .. _ _ rE _,- t ;,= iccpt landing arca. `npiii.''vD'.: 5Evv- anv' QUeS'Cicr reiatiVe LD the mailer pledSF gv not hesitate a F17 M- 19,1'-TSC �p Cad � F rj a-tical lnsDe"tcr S j i ' ..... Ik1:.11.11 ..- • .. - to ,..', -'.:; . .. r -. Y'.e: Vijic)teS r' Y. .. ^. S +tn:tt7'J 'fD, ~t -...3ve res n_e.-''.._. a: rc�rij COnOiti >nc IrZY 4nr:.2 i. 't Rc tr'^ jn T7 r. 3;.lrs r '1t'ie i3erMill siis3i � ti '1CL' < ?. urc rr rov, O+ tyle bL i! ink, a Sown nt. a rlar f)rQDBred bt' the ' a }%1 jr_ailt ant 1morDDrzte_e ?r; shE t;inutes of the board's oroceee.incs. �n o c ^2 i-anct yr ;*!. a'a nnr_-O:�. c'fectiYe li a(3t) i.!"J.�. ?Crtr. in SECtiiQr `t ne use of -Medie i SDCrt shall be restriete: tD B mdX11 iLi1' of =_ix fi ini:t caeraticrs T day, al! cr w! iwtiris. be CO!"T-lemed Witrfiri d?jy-linht flours. One fjjGh' pnerat3On c hist itutut one taKeolff anC OnE 1'. rne�ji t- i Ca i_ 8n' CLQ`_ SR8 s ; .^.E :?� $C:.�. !1C_ ��-tf �l'z, rL'{IL !tions and stand6rds zner• BM; �LdDI under eaera: and State ne'rOnautics an'-j `j iG:i' enirci Apencier,. i f X04 e7 � :r. aid=' i.- r_ :.'"c. ii�7C.'L.�.'.t'_�: _ �.._ .:SR:. _ idJ•r• :,'= pie-?E- �. tlD� i.- ♦.17C. `j�t ✓�.�. M2.; il: .._� ___ �''� P 'f1j.T • ... i. . r. . c.: E 7a«&. y�,moi"'.. Z.n. tnE- IC' gut' -"Zr::.s'� I . '�":. ;.� 3F - -oL-- tn�P- •F E pro ^nn^ ZPIr^ ST.T.DI �r �7h 't'. _ y. _ Y3aus SSL: . Zven= _ne USE 0, said 'He iDor_ 3r. any medicei . r?r t3^.;'act prt3^_edureS.ir they are ldvdul i� torstit-u e_' police and -fare -aet+mrlties rr Medical c11;ic:als, ;3n emergencies.,w:» .} r i ;t;Is pevmmt srai4 he effective for ar; 9rAtia -ion rs ckJ: (21 'j+aECS xn;.. ai?y $%:ilii; or, iFFe ypt3%ii,{f3nCE -^£ -UnapT's'1 cne are 2' vntr- ?sans?.-,.- Sancereiy. Esker L. Kel)ev ELS;/gfv P6AM�1�� 80A8� TOWN OF NORTH ANDOVER MASSACHUSETTS t MORTh co O F � t 1i,bon.•�yig `45ACMUStS February 1, 1984 LL, c LrF e, 6he Willows Inc. Mr. Robert Regan -815 Turnpike Street p &orth Andover, Ma 01845 RE Form A-Flan of Land, Willows Inc. dated January 20 , 1984 Dear Mr. Regan: At the Planning Boards meeting of January 23, 1984, the board voted not to endorse the above referenced plan under M.G.L. Ch. 41, 5. 81-P for the following reasons . It was determined that the 0. 10 foot wide strip of land belonging the Lot 1D does not show adequate access to Lot 1C, and secondly,, the one inch portion of parcel 1B makes it imposs- ible to .reach the existing sign without. trespassing on Lot 1C. Lastly, the location of the sign does not conformtothe setback requirements outlined in the Zoning Bylaw, Section 6 .6 SIGN REGULATIONS, subsection 5d. 7 FOR THE PLANNING BOARD i` Sincerely, Michael P. Roberts Vice Chairman kp Re E�lral jai iown cler{, . - _ ._ U. {ir �� , L _ _ f• s dv_ ?fis anp ! cat' m.;srtes f' f APPLICATON FOR R;LIEF FROM THE REQLIR=^"=NTS C-' ,� ZOdr'INu ORDINANCE F + "� WILLv�.SS �rJG- Acids;- 7uQrJPirE $T' I.J. R. i tcan , App 's ', cat' Gn is hereby made � c - a var 4rncrom the requirements c, Sc Paragraph and Table — of the Zoning by-Laws - ( ks F::r a Speca Permit under Section Paragraph 4• 12 of the sing by -Laws , ( cAs a , party aggrieved , for review or c decisior. made by the Building Inspector or other authority. ( a) Premises affected ar "`land X and buildings )) numbered ! $!$ TvRNPp Coy _WILLow Street . ( b ) Premises affected are property with frontage on the North South ( East ( ) Fest ( ) side of Street. Street , and known as No . Premises affected are in Zoning District =j 'anddfrontagemothe fes aaffected have an area of 41 a�� �, � fleet . 3. Ownership - ( a } idame an-d- address of owner if joint ownership , give all names ) : AL Date of purchase 1212 :Previ-ou's Owner J: W- Fowi- ( b ) ; f applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other ( explain) . 4 . -ze of proposed osed building : _tj/A front ;. feet deep ; Si Height: stories ; feet. ( a ) Approximate date of erection : ( b) occupancy or use of each floor : ( c ) Type of construction :_ feet front ; 7ec4 Uac�% f Size of 'existing building : feet . Nei 9 ht : ''. stories ; _� ( a ) Approximate date of erection : ( b ) Occupancy or use of each floor: „wJr(l�TJC 13LUGK ��fSs� Cowti(il= �- ( c ) Type o construction : y_ gSor�2� C 6 . Has there been a previous appeal , under zoning , on these premises ? �,5 If so -, when? i 7 . Description of relief sought on this petition AJIA B. Deed recorded in the Registry of Deeds in Book /?3 —_ Page D or Land Xpurt Certificate No . Book Page C X 19 r � L,. " �p pC', r . S Jj 3 Wf;' -n ? haec`> � c Dllcdt ' Qr are dfi.. _�i{.+.-✓t'✓`�oCa•-0L .c•... �. ....77—5/.,.- �•/t.�.rr , A..c._ ..... t�-/��'t ice,-rss-rs...J ti- D_. ^Ri `.aw�Wr..io i=-�'oovA.`.��7,( �.-IL. �.G(� Lv-.-��4r 1�ntit:.zG+�w•1/ d•�C. ��o[ "i�r a•Atil.,^ i agree pa for a yR, t sing in newspaper and incidental expenses* Petitioner 's Si4nature Sec. i PPLICATIOlC/F 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 official application form. All in- formation 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 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 of the property line of the petitioner as they appear or, the most recent applicable tax list , notwithsta.nding that the land of any such owner is located in anotiler 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 respon - sible 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 . LIST OF PARTIES IN INTEREST Name Address Po � -�- f3 aQ w. FsQ- a E �`� i HA 01010 j /I4 C/o �.--4 �/ i A ( Use additional sheets if necessary) r 5 ! i y _ ._•_ - ---�- __.fid qZ T H a? !`7' �,�,�• �-�-'': J"'o��� 3 97' -n7' x 8� z`i .?S,w a �°a `� ` / ` �56�-5�./A -7(0-4" VMLS 27 alp / FiELI PORT N ! r=x1`6TIEX I S T A Q ►.t� _ c.�.ulauou�e� FjDOa,Z "TF.N1�! IS...GouRTS I EXrSZ•iIJ_Cj �A`SN pFA1�S4 . I j r ROBERT `�- o P t .f aT �O r, REGAW �. 'P,4�.�"t A t... ef-=7 17 P L., ho. 26029 SIT>~ ���jQ 4�4W PI�C� �Q � �.�� QU �T�AC. .� ��SroroAiEa CC�UT ALD I T �O 1�..1 c:_: a��l�.tla5_+� ��'sr�G OP_. Oversized Maps on file with the Town