HomeMy WebLinkAboutBOSTON SKI DEVELOPMENT Received by Town Clerk :
le
FORM A L'i
pAMI ,t,
APPLICATION FOR ENDORgEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
JAN 19
LIAMaA R Y 2 . 19 0/
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 believe��. th s-u.ch approval
is not required for the following reasons : UT.
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 , SALj5A4 TRnI?/1<F_-A7TE. 1/4 , or a private way , namely,
, being land bounded as follows :
6LlTNUI/EArd5JFLY RY .SAL KM 7TRn/R//fjE' -Rrff- /!4
Alegr egLY RY LAND DE
�/1RTH _A.ST SLY DarAyEAsrKRLY BY L,4N/7 OF A7,g [JI✓l
2. The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
CONFORMS Za THF_ G1/RRE-Al T 012AIIA/4e- RY-L4 by QF
T!E 70wV 6F MIR74Y An/DDYL5R..
3. Title reference North Essex Deeds , Book //b'Z Page 369 or
Certificate of Title No . Registration Book
Page
i ant's gnature.
Owner ' s signature and address if not
the applicant :
(Print Name)
Applicant ' s Address :
cLt itie. AW-P4vc a d4
Tel. No. OE-663 - 213
(mo 3- 9 6 -5763
' Received by Town Clerk ;
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
I . 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
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
Re oy Town Clerk :
FORM A � � G
APPLICATION FOR ENDORSEMENT OF PLI��f"` ` ;`y ER
BELIKVED NOT TO REQUIRE APPROV6L -)o '
1R Li
15 `9
LIAIJL/ARY 2!2 , 190/
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 ,
namely, 5ALEAr9 -Rre. //4 , or a private way , namely,
, being land bounded as follows :
A���nL/THW�ATEF2 Y S4i r Ti�QNP/K - fiTE //g
1YORMERLY Y LANA O.0 F/NK
�VDRrNEASTERL`�_ 7� /TL1F_ 4<TFl1/ X RY ZAnlO OF /cARNUAl
2 . The division of ;land shown on the accompanying plan is not a sub-
division for the following reasons :
CONFORMS Tn 7',vc- C,URRFiv T 09AN/Al G BY- LA iJF
THE 7o-w^1 QF 11ldR7,q A^iDOY£F'-
. 3. Title reference North Essex Deeds , Book Page -360 or
Certificate of Title No . — Registration Book
Page
ptc4at'�gnaturp
�. Owner ' s signature and address if not
the applicant :
D 13icwi W
(Print Name)
Applicant ' s Address :
1 • No > Ar4Dovb'C MA
Tel. No. g'd� -(aS3 - 1134
603- `16q - jC"1(0"3
Received by Town Clerk :
FEB
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
!4
I. 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. Toe North Andover Planning Boa has date �i Athaitdplan
shows subdivisi as defi ed G.L . c. 4d
must fhe � efore a re subm ted to it or appe
Subd visi n ntr01 a .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By :
Date :__ 2 f/5-�2
J
a4
Received own' Clem
'a
FORM A
'WMI� A( BELOOENDORSEMENT
EAN
IEVEDNOTTOREQUIREAPPROVAL
j April 29 1987
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 frontige
required by the North Andover Zoning By Law and is on a public way , ,
namely , Salem Turnpike or a private way, namely ,
being land bounded as follows :
Northerly by: Salem Turnpike
Easterly by: Land of Farnum
Southerly' by• Land o_f, loston Hill Ski area Tnc
Westerly by: Land of Boston Hill SU Area In
c-
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
All lots conform to the Zoning By-Law &Lgd Subdivigion Ru,IPra --
and Relations _,
3. Title reference North Essex Deeds , Book 1182 Page 14019 or
Certificate of Title No. Registration Book
j Page
Applicant 's Signature : Owner's signature and address if not
t e applicant:
Applicant 's Address :
Liu %cs'. o 1 qql�'
i
I
Received by Town Clerk : ��
roh f AVG
ee
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 ,
sand the appropriate endorsement has been made upon the same .
2 . The North Andover Planning Board hast determined that said plan
shows ajsubdivision , as defined by G.L. c. 411 S . 81-L3, and
must therefore be re-submitted to it for approval under the
Subdivision Control law.
Very truly yours
NORTH ANDOVER PLANNING BOARD
By :
Date :
Z/
I
EXHIBIT A
TO APPLICATION FOR APPROVAL
OF DEFINITIVE PLAN
BY BOSTON HILL SKI AREA, INC.
the following described property whtch is in throe (3) parcels on the
F
westerly side of Salem Turnpike, otherwise known as Route 114, in said i
North Andover, and as shown on Plan numbered "S,QQQ, recorded May 8,
1964 In Essex North District Registry of Deeds and designated as "Plan of
I( a'Portion of Land of John C. Farnum, North Andover-, Mase. , Prepared
for Boston Ski Develooment Corp. , Route 114, North Andover, by Raymond
C Presse nc R "
1 stere
I Y► Registered d t-and Sure
eYa's
y Parcel 1 is bounded and described as fbllows:
Parcel 1:
NpR'rlaERI.Y: two hundred thirty (230) feet, more or less, by a
stone wall;
EASTERLY: six hundred thin
ty (830) feet, more or less;
NCR Th+E=L-Y: three hundred (300) feet, more or less; and
ESTE=L'�: four hundred (400) feet, more or less, the last
three bounds all by land now owned by the grantor;
SCUTHWESTERLY: but more WESTERLY, in a curved line in three
courses, one hundred twenty-three (123) feet,
more or less, one hundred forty-five (145) feet,
more or less, and four hundred sixty (460) feet,
j; more or less, by land now or formerly of the
grantor;
WESTERLY: by the stone wall and land how or formerly of
William Sheridan, nine hundred ninety-eight (998)
feet, more or less. The Northwesterly corner is
at a corner in the stc%ne wall twelve hundred
(; (1,200) feet, more or less, from the Salem j
it Turnpike.
fl Parcel 2 consists of all the right, title and interest the grantor may have in
the following promises, contiguous to Parcel 1, and is bounded and
j described as foll--was
I
Parcel 2:
i� Beginning at the Northwesterly corner of the premises previously described r
as Parcel I. thence rvming:
t
i
t !
,
r ,
y5OUTHERLYe fifty (50) feet by Parcel I. to the corner of the
stone wall; thence turning and running t
WESTERLY: by a stone wall five hundred twenty (520) feet,
I more or less, by land now or formerly of William .e
Sheridan to Chestnut Street and the corner of a,
stone wall; thence turning and running
NORTHERLY: fifty(50) feet, more or less, by said stone wall to
i Chestnut Street, as shown on said plan, to a j
corner of a stone wall; thence turning and running
EASTERLY: five hundred ten (5 10) feet, more or less, along i
said stone wall, to the point of beginning.
i
The total area of Parcels 1 and 2 contain approximately ten (10) acres, ?
more or less, these parcels 1 and 2 intended to be the remainder of the
thirty-free (33) acres, more or less, shown on the said plan numbered i
5,000 being described thereon as "Area of Proposed Amendment from
Rural Residence to General Business", the balance of which area is further
�( described hereon as Parcel 3. j
Parcel 3 is bounded and described as follows:
' I �
Parcel 3•
!� The premises beginning at a point being the southeasterly corner of the
Premises described on said plan numbered 5,000, thence running:
j NORTHWESTERLY: by said Salem Turrpike thirteen hundred sixty
(1,360) feet, more or less, to a stone wall by
land now or formerly of Margaret R. Simon;
thence turning and running
NORTWWESTERLYt but more
WESTERLY by said land now or formerly of Margaret R.
Simon, and by land novo or formerly of William
Sheridan, nine hundred seventy (9711) feet, more ori
less, along a stone wall and fence; thence turning
i and running
11 SOUTHEASTERLY: but more
SOUTHERLY: by land of John C. Farnum, also known as John
C. Farnham, six hundred thirty (630) feet,
more or less, by Parcel 1 to other premises of
said John C. Farnurn, alias, heretofore leased I
to the Massachusetts Institute of Technology,
notice of which lease is recorded with Essex North
District Registry of Deeds, Book 851, Page 401; i
• thence turning and running i
EASTERLY: by said other premises of John C. Farnum, alias, i
three hundred (300) feet, more or less; thence
turning and running
SOUTHEAST: four hundred (400) feet, more or less;
SOUTHEASTERLY: but more
EAST RLY: three hundred sixty-five (385) feet, more or less;
SOUTHEASTERLY: but more
SOUTHERLY: two hundred (200) feet, more or less; and
EAST RLY_ three hundred seventy-Ave (375) feet, more or
lass, to the point of beginning.
RECiVEG
OpN1'E1-LONG
Notice to APPLICANT/TOWN CLERK anQ *kSion of Action of Planning Board
on Definitive Subdivision Plan ZN $ i l �� on ini ive Subdivision
Plan, North Andover Ma. , November 30, 1g neer- . oore ssoc. , nc.,
_Surveyor- Teton Zana Consultan>rs. c.? 3
By: _H.W. Moore Assoc. ) Inc. dated November 30, , � 19 87_
The North Andover Planning Board has voted to APPROU said plan subject to the
following conditions: r
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
divisiont all as provided by G.L. co 41t S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
k. Other conditions:
SEE ATTACHED:
cn
fAJ
era
vx"� N
s
�coAx ,o
�z av
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
* * * * * a � e * � � * � * e * * * e * � * e * e �► e w e a * s * * at �r a e
N h r P g h D PP D ant or a 11 i�It
s
NORTH ANDOVER PLANNING BOARD
Date, February 25, 1988 By: Paul A. Hedstrom, Chairman
FORK C t.
- 0 f;
APPLICATION FOR APPWAL OF DEFIUITIVE.P.
Dec e kjfr 1 2 14 PP:$� * 19 97-
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 419 Section
81—L� for approval of a proposed subdivision ahoun art a plan entitled
Boston HilI Subdivision.rDefinitive Subdivision Plan, North Andover, Ms. , November 30, 1987,
Engineer-H.W. Moore Assoc. , Inc., Surveyor-Teton Land Consultants. Inc
by H.W. Moore Assoc. , Inc. dated November 30. 19$7
being land bounded as follows: -For: dos r$titioji=s -Jigs_ . s :Fx �htt a nr� xp -hereto.
hereby submits said plan as a DEFINITIVE plan in accordance with the R ea stat
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book 1182 , Page 306 ; or
Certificate of Title No. , Registration► Book...s page.; or
Other:
Said plan has(4 has not( ) evolved from a preliminary plan submitted to
the Board of may 1 19 87 and approved (with modifications) ( )
disapproved ( On AuQust 3 , 19 „$j„_•
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Boardle
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by-Saws of said Townes
as are applicable to the installation of utilities within the limits of`
and streets;
ts;
2. To complete and construct the streets or wags and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the acme. Said plan, profiles, arose sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree.-
ments herein shall be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof.
BOSTnHILL SKI A INC.
Received by Town Clerk: B;: ( I/_. B 1 1 a1 —
Dates o Robert Z. Duan4fted{'da=
Time: Salem Turnpike - Route 114 _
Signature: Wo�rthhSaAndover. Massachusetts_ 0 85
Boston Hill Ski Area - Definitive Subdivision
Conditional Approval
I
The following conditions shall be placed on the cover sheet of the
subdivision plans and filed with the Registry of Deeds Office:
1 . Curb cut, shown on Route 114 will receive State DPW approval
prior to any building permit is issued for a proposed structure
within this subdivision.
2. The roadway shown on the plan shall be upgraded to a binder coat
prior to any lot (s) are released and a building permit is issued
for any structure contained within this subdivision.
3. Any change to the approved subdivision plan by reason of an
action taken by the NACC, the plan shall be resubmitted to the
Planning Board and reviewed as a Definitive Subdivision
Modification.
4. Deceleration and acceleration lanes for access to the road which
serves the subdivision shall be designed in accordance with the
State DPW standards in order to insure the public health and
safety of the citizens of the community.
5. All lot numbers shall be posted during ocnstruction.
b. Prior to releasing any security, all drainage and detention
ponds shall be installed , loamed and seeded and certified from
the design engineer with a set of As-Built Plans detailing that
all drainage facilities have been built in conformance with the
definitive plan.
7. DPW sewerand water line standards - all facilities shall be
constructed to the following standards:
a. The water main on the proposed road shall be 12" pipe
installed 10 ' left of the centerline of the road . A
12"x12" tapping sleeve and valve shall be installed at
the existing water main on Turnpike Street . A hydrant
shall be installed at the end of the cul-de-sac .
b . Any future extension of water mains or installation of
fire hydrants shall be limited to elevations below the
310 foot contour , the elevation at which the static
water pressure is approximately 20 psi .
C. All hydrants shall be Eddy breakflange hydrants to
North Andover specifications.
d . All water mains shall be class 52 ductile iron cement
lined water pipe installed with 5 feet of cover below
the finish grade.
e . All hydrant branches shall be provided with six inch
Mueller or equal gate valves (open left) .
f . All gate valves shall comply with AWWA specifications
L500 52T and will supplied with a 100 lb . sliding type
gate box marked "Water" .
g . All water mains shall pass leakage and pressure tests
performed in accordance with Section 13 of the AWWA
Standard C600 and shall be chlorinated in accordance
with awwa C601 "Standard Procedure for Disinfection of
Water Mains. "
h. The main sewer shall be 8" PVC pipe installed in the
center of the road . The sewer shall conform to the
facilities plan for the extension of sewers in the
Route 114 area. A manhole should be constructed at
the location where the sewer service connections for
Lot 1 and 3 enter the proposed main sewer .
i . Precast manholes shall conform to ASTM designation
C478 and shall meet the following additional
requirements, the wall thickness shall be not less
than 5 inches, section shall have tongue and groove
joints with an approved bitumastic gasket . Pipe
connections shall be of the rubber boot with stainless
steel band or approved equal . Manhole frames and
covers shall be cast iron lettered "Sewer" and shall
be eight inches high .
j . All sewers must pass low pressure air tests with a
maximum allowable leakage rate of 0.0015 cubic feet
per minute per square foot of internal pipe surface.
B. Tree cutting shall be kept to a minimum in order to preserve the
natural condition of the hill . A tree preservation and planting
plan shall be filed with the Planning Board prior to any grading
or site improvements are undertaken by the applicant .
9 . The Planning Board will not approve any Special Permit
application for a common driveway within this subdivision.
The following conditions shall be met by the applicant prior to the
Planning Board signing the Definitive Subdivision Plans:
1 . All easement documents required for this subdivision shall be
presented to the Planning Board and approved .
2. The applicant shall meet with the Fire Department in order to
determine an appropriate street name for the road included
within this subdivision.
�L
The following plans are deemed approved by this decision:
Plans entitled : Boston Hill Subdivision
Definitive Subdivision Plan, North Andover , MA
Dated : November 30, 1987
Prepared by: H.W. Moore Associates and Teton Land Consultants, Inc .
Sheets 1 ,2,3,4,5 and 6.
cc : Director of Public Works
Board of Public Works
Highway Surveyor
Tree Warden
Conservation Commission
Building Inspector
Hoard of Health
Assessor
Police Chief
Fire Chief
Applicant
Engineer
File
Notice to APPLICANT/TOWN CLERIC of Action of Planning Board on Preliminary
Subdivision Plan entitled: Boston Hill Ski Area, Inc
'By: Thomas E. Neve Associates, Inc dated May 1, 1987
2. The North Andover Planning Board has disapproved said plan, for the
following reasons:
SEE ATTACHED
t
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K si
C)LC
C-0
tZ
W
very truly yourr$,
NORTH ANDOM PLANNIIG BOARD
By Erich W. Nitzsche, Chairman
Date: Auo..ust 3, 1987
RECEIVED
13 AH
TOk;d i, „K• ,
WORT`
MAI � '81
APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN
May 1 1987
To the Planning Board of the Town of North Andover:
The undersigned) being the applicant as defined under Chapter blt Section 81-Lq
for approval of a proposed subdivision shown on a plan entitled
Boston Hill ski Area, Inc.
By Thomas E. Neve Associates, Inc. dated 1 19 R7
being land bounded as follows:
Northerly by: Salem Turnpike
Easterly by: Land of Farnum
Southerly by: Land of Farnu¢m
Westerly by: B & C Realty
hereby submits said plan as a PRE DaVARY subdivision plan in accordance with the
Rules and Regulations of the North Andover Planning Board and makes application to
the Board for approval of said plan.
Book 51 Pages 602-604
Title reference: North Essex Deeds, Book j o Page 310•. or
Certificate of Title No, Registration Book Pap.; or
Others
Applicant's signature: /1
Received by Town Clerk: B6S-Tonl b}i��5�� i4{er�;swc- �w'�Yt
Date: Applicant's address + W Wei +- -CT 11`F
No •l�ws�0—W Y�A.c� ��'g't�
Times
Signatures Owner's signature and address if not the
applicants
Boston Hill Ski Area Inc. �;�"';'°"
' Preliminary Subdivision „_ its
Conditions of Disapproval 'T 0'f q � -
.August 3, 1987 NORTTi .r ,cR
y -�
I' It is the Planning Board' s opinion that tY i�arllo 8f land cannot
be developed as presented within the intent and purpose of the
Subdivision Control Law, in that it does not adequately protect
the safety, convenience and welfare of the inhabitants of the Town
of North Andover in providing proper access to all of the lots
therein and ensuring sanitary conditions.
The power of the Planning Board shall be exercised with due regard
for the provisions of adequate access to all of the lots within the
subdivision by ways that will be safe and convenient for travel,
for reducing danger to life in the operation of motor vehicles,
for securing safety in the case of fire and other emergencies
and for securing adequate provisions for water, sewerage, drainage
and other requirements of the Rules and Regulations of the Planning
Board. To that extent the Planning Board votes to disapprove the
subdivision for the following reasons:
1 . The grades of the proposed roadways are too steep and exceed the
requirements of the Rules and Regulations. The Planning Board
denies the request to waiver the grade of the streets.
Secondly, the Planning Board is of the opinion that a proper
balance between road grades and lot grades cannot be adequately
addressed due to the severe slopes of the existing terrain.
Driveway grades servicing the individual lots within the
subdivision would be so severe so as to not adequately protect
the safety and convenience of the inhabitants nor to protect
the safety in the event of fire and other emergencies in the
opinion of the Planning Board. Driveway access-egress to the
individual lots would have to be designed so as to create
leveling areas before accessing onto severe roadway grades to
insure the safety of the public. Recommendations from the
Department of Public Works, Fire Department and Police
Department substantiate the opinion of the Planning Board
that the roadway grades are not proper for adequate protection
of the public.
2. The Planning Board denies the length of the two dead-end
roadways under the Rules and Regulations because adequate access
for all lots cannot be safely met. In the event of any
emergency, a blockage of a street intersection due to steep
grades necessitated by topography would not allow emergency
vehicles access-egress to the total subdivision. The
dead-end roadways also do not allow for proper looping of all
utilities. Sec IV, A,4 (a)
3. The Preliminary Subdivision Plan as presented does not address
erosion controls for the proposed severe cuts and fills
associated with development on severe terrain such as Boston
Hill. The Planning Board with its past experience of
developments on severe terrain (Steep grades, clay substrated
and predominating high water table) , is of the opinion that the
entire subdivision would be open to erosion during the
construction phases and that the welfare of the public would be
jeopardized. No provisions were submitted with the
Subdivision Plans to contradict this opinion of the Board.
Page: 2 u rt
Sec. II,B,10 of the Planning Boat1891Rixle'9'nd Regulations
states: "test holes, representat}}' e Dfl +rying soil
conditions in the proposed subc*AAion�,U l be dug to
determine conditions for drainage. " This subdivision shall
have test holes with Spring Water Table elevations and soil
classifications performed in all areas of cuts, roadways,
building locations, and detemtion areas sufficient in number
(at least on per acre) to provide the Board with enough data
to determine whether proposed erosion controls and/or
underdrain trenchs to protect the integrity of the roadway
will be adequate as supported by a report by the applicant' s
geohydrologist.
a. No provisions were submitted to insure that erosion
would not effect the wetlands protected under Chapter
131 of the General Laws that are situated within and
abutting the subdivision. The report from the
Conservation COmmission substantiates the Planning
Board' s opinion that the Resource areas are not clearly
defined and thereby the data is unacceptable as presented
on the plans .
4. No provisions were submitted to provide access to abutting
land to the subdivision as provided in the Rules and
Regulations of the Planning Board. Sec. IV, A.
5. Drainage provisions for the subdivision were not adequately
addressed in the opinion of the Planning Board, the increased
rates of runoff from a developed area on steep slopes would
severely affect the life, convenience, safety and welfare
of the inhabitants adjacent to the subdivision and immediately
downstream.
No provisions were submitted to show how surface water,
ground water and peak flow would be affected on abutting
properties nor how the integrity of Salem Turnpike would
be protected in the event of major flooding.
No provisions for teh mitigation of increased peak flows
and volume have been provided. The applicant is advised that
the Planning Board will require mitigation from both the
ten year and the one hundred year storms through the use
of detention ponds placed upland from the HUD floodplain.
Because, fo teh sensitive nature of teh existing floodplain
which currently floods across Brook Street, the Board will
also require the use of retention ponds to mitigate volume
flows through ground water recharge to offset the use of all
impervious surface created.
6. The plan does not show adequate topographic details to allow
the Board to make an in-depth review of the drainage patterns
of the site as well as the actual delineation of the wetlands
and HUD floodplain. No margin site features have been shown,
including widths of adjacent street pavements and site distance.
I
Page: 3 A
7. The subdivision has not receivdQ'; bard ofealth approval
for the use of on-site sanitary �ea � Mems. No soil
pit data and Spring Water Take an fcolation test
information has been submitted to the Board of Health
or to the Planning Board.
Sec. II, B, 3, fo the Planning Board' s Rules and Regulations
states: "No land shall be subdivided unless it is of such
charater that it can be used for building purposes without
damage of health or safety. No sand shall be subdivided
unless the subdivision plan shall provide means of drainage. .
disposal adequate in the opinion of the Board to fully protect
the public health. "
The Planning Board is in receipt of a report from the Board
of Health that substantiates its opinion that none of the lots
within this subdivision could meet Title S requirements for
the design, construction and continued maintenance of on-site
sanitary leaching fields.
8 . No data regarding the water supply adequacy has been submitted
for the Planning Board to make a determination if there is
sufficient water pressure to serve the General Business use
of the Subdivision.
A report received from the Fire Department substantiates the
adequacy of the water supply for fire protection in this
subdivision.
9. The applicant is advised that if this project proceeds to
the stage of a Definitive Plan, the applicant must comply with
all the requirements of the Planning Board Rules and
Regulations regarding such Definitive Plans, including a
Statement of Environmental Impact. Secondly the following
issues will be addressed:
a. No lots shall be released from the covenant running
with the property until the following is completed.
All drainage is constructed in accordance with the
Subdivision Plan, including binder coat application,
all utilities , including, but not limited to fire
alarms," water lines, sewer lines, sewer, drainage,
electric, gas, cable shall be installed in accordance
with the plans as interim as by it submittal for
approval.
b. Drainage calculation will have to be submitted to
mitigate runoff. No calculations or drainage plan
has yet been submitted to prove to the Planning Board
that the Subdivision can mitigate increased runoff
without affecting abutting property.
C. A detailed tree plan in accordance with Sec. V,K and
IV. 1 will have to be submitted with the plan for review
by the Planning Board and the Tree Warden. The applicant
will have to address the Tree Department' s recommendations
to preserve existing trees and to bond for new planting if
appropriate.
Page : 4
d. A stump ,pit burial plan will have to be submitted to
the Planning Board and Highway Department for review
and approval prior to any on-site construction.
e. The applicant must comply with all applicable
sections of the North Andover Zoning Bylaw and with
all appropriate recommendations of Town Boards.
Finally, the applicant must make all proper submissions
to other Town Boards and departments as required.
f. There stall be no common driveways within this
subdivision. Each lot shall be served from its
legal frontage.
g. A Definitive Plan submitted shall provide a detail of
phasing plan for the total development.
/je
cc : Director of Public Works
Public Works Department
Highway Surveyor
Tree Warden
NACC
Building Inspector
Board of Health
Assessor
Police Chief
Fire Chief
Applicant
Engineer
File
Interested. Parties
c�
c T)
a
cs
ADDENDUMTCI
Nap, ' i i�4'E(�
BOSTON HILL SKI AREA, INC. AUG Z {Q 56 x '81
CONDITIONS OF DISAPPROVAL
Page 3 , Section 8, Paragraph 2:
Should read as follows:
A report received from the Fire Department substantiates the
inadequacy of the water supply for fire protection in this
subdivision.
1
rich W. NitzsWjCha�-ifm;� Janet L. Eaton, Secretary
laV 4 eve,
vt4+ '110
7
`teas ( h, V1 ek
Ant mc3
N 3fpy'�
._ r,f
i
1 FORM C
APPLICAT ON FOR APPROVAL CF DEFINITIVE PLAN f4
A December i LFr 2 1.rAiu7
To the Planning Board of the Town of North Andover:
The undersigaedt being the applicant as defined under Chapter 41, Section
$1-L, for approval of a proposed subdivision shown on a plan entitled
Boston HillSubdivision, efinitive Subdivision Plan, North Andover, Ma. , November 30, 1987
Engineer-H.W. Moore Assoc. , Inc. , Surveyor-Teton Land Consultants Inc
by H.W. Moore Assoc. , Inc. dated November 30. 1987
being land bounded as follows: ::For- desccrriutioliaf. l and Saw:wh;hft"A--annexed -hereto.
hereby submits said plan as a DEFINITIVB plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book 1182 , Page 306 ; or
Certificate of Title No,= Registration Book
pap.; or
Other:
Said plan has( X) 'has not( ) evolved from a preliminary plan submitted to
the Board of May 1 19 87 and approved (with modifications) ( )
disapproved ( on August 3 , 19 „87 -
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor$ the
Board of Health, and all general as well as zoning by-laws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the satire. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application, This application and the covenants and agree-
ments herein shall be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof.
BOSnHILL SKI A INC.
Received by Town Clerks Bv. u1 B
Dates Si O ppli ant Robert W. Dunn-President
Time: Salem Turnpike - Route 114
Signature: North Andover. Massachusetts 01845
Address
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
On Definitive Subdivision Plan entitled: ill 96b vi tori Defi ive Subdivision
Plan, North Andover Ma. , November 30, 1 ng neer- oore ssoc. , nc.,
Surveyor- Teton Land Consultants, Inc.
By: H.W3 Moore Assoc. , Inc. dated November 303 9 19 87_
i iF 9F 1F 1i IF
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the lanai", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
division, all as providedby G.L. c. 41 S. 81-U.
�
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No, as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions:
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
* :r * * a * * * * � e * * * * * eewa * �r � * +► ear * * * e �ree * * *
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH MOVER PLANNING BOARD
Date: By:
Received by Town Clerk,; t
c
1)"F'
s, FORM A
11WIIMATION FOR ENDORSEMENT OF PLAN
MRY BELIEVED NOT TO REQUIRE APPROVAL
April 30 1987
To the Planning Board of the Town' of North Andover:
The undersignedwishes to record the accompanying plan and requests a
de,termination ;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 hastheamount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , Salem Turnpike or a private way, namely,
being land bounded as follows :
Northerly: By Land of Fink
Easterly: By Land of Farnum
Southerly: By Land of Farnum
Westerly: By the Salem Turnpike. .
2. The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
All lots conform to the Zoning By-Law and Planning
Board. Recrulations
f 3. T-itle reference North Essex 'Deeds , Book 1182 Page Ing ; or
Certificate of Title No. Registration Book ;
Page
N
Applicants Signature : Owner's signature and address if not
the applicant :
Applicant 's Address :
1.90. �w Vl�ate_ C9 i g4�
° Received by Town Clerk :
Notice to APPLICANTITOWN CLERK' of action of Planning Board on
accompanying pian :
' 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 And r Planning Board has determined that said plan
9
shows a�subdivi ion , as defi y G.L. c. 41 , 1-L , and
must erefore be re-sub ted t it for proval er the
Su division C ntrol aw.
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By:
� f
Date:
Received by Town Clerk :
i� FORM A
�� e $ � APPLICATION FOR ENDORSEMENT OF PLAN
i
BELIEVED NOT TO REQUIRE APPROVAL
April 29 -19 87
To the Planning Boardofthe 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 reason's :
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 NorthAndover Zoning Bye Law and is on a public way ,
namely , Salem Turnpike , or a private way, namely ,
, being land bounded as follows :
Northerly by- Salem Turnpike
$asterly by• Land of Farnum
Southerly by• Land of Boston Hill Ski AtBa,_ Tne
Westerly by: Land of Boston Hill Ski Area, Inc_
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons:
All lots conform to the Zoning By-Law and Subdivision Rules
and Regulations
3. Title reference North Essex Deeds , Book 1i82 Page'3L9 Sin or
Certificate of Title No . Registration Book ;
Page
Applicant 's Signature : Owner 's signature and address if not
iIBSTo a 1�1'I the applicant :
r--
Applicant ' s Address :
— `
NO &LV. Vk a
Received by Town Clerk :
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plans
1. The North Andover Planning Board has determined that said plan
does not require approval under the Subdivision Control Law,
and the appropriate endorsement has been made upon the same .
2 . The North Andover Planning Board hasIdetermined that said plan
shows a subdivision , as defined by G. L . c. 41 , s . 81-L , and
must therefore be re-submitted to it for approval under the
Subdivision Control Law.
Very truly yours ,
NORTH ANDOVER PLANNING BGARD-
By :
Date -
NOR",
p`C ,
APPLTION FOR APPROVAL OF A`PRSI,ININARY PLAN
May 1 ' 1987
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41t Section M%-L,
for approval of a proposed subdivision shown on a plan entitled
Boston Hill Ski Area, Inc.
By Thomas E. Neve Associates. Inc dated mils 1 19
being, land bounded as follows:
Northerly by: Salem Turnpike
Easterly by: Land of parnum
Southerly by: Land of Farnum
westerly by: B & C Realty
hereby submits said plan as a PREL NYNARZ subdivisions plan in accordance with the
Rules and Regulations of the North Andover Planning Board and makes applications to
the Board for approval of said plana
Book 51 Pages 602-604
Title reference: North Essex Deeds Bookli$_;j Page 3101 or
Certificate of Title No*.$ Registration Book s Pap.; or
Others
Applicant*s signatures
Received) by Town Clerks 19�►c.
Dates Applicant•e address Tu�JR1 V-e.:12t I
4Q., .M0 er Q t8 r
Time: _
Signature: Owner*s signature and address if not the
applicants
Notice to APPLICANT/TDWN MW of Action of Plauming Board an PreliW..7
Subdivisions Plan entitled:
By: dated
11 The Worth Andover Planning Board has tentatively approved acid plan, nith-
out arq modification thereof.
-2. The North Andover Planning Board has disapproved said plat, for the
following reasons:
3• The North Andover Plaming Board has tentatively approved said plans
subject to the following modifications thereof:
Very truly yours•
_ MM Al DW= PLAN= BOARD
' I
Dates
f
C
FORM S
TOWN CLERK'S CERTIFICATE OF
PRELIMINARY/DEFINITIVE 'PLAN SUBMISSION
f
L
THIS IS TO CERTTFY THAT ON
I RECEIVED FROM
A PRELIMINARY/DEFINITIVE SUBDIVISION PLAN ENTITLED:
TRUE COPY
ATTEST:
Town ,Clerk
FORM E
CERTIFIED LIST Of ABVTTLRS .
lg
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER
The undersigned , being an applicant for _approval of a Definitive
Plan of a proposed subdivision entitled
submits the following sketch of the land in the subdivision listing the
names of the adjoining owners in their relative . positions and indicating
the address of each abutter on the sketch or in a separate list , in
cludinq owners of land separated from the subdivision only by a street .
Signature of Applicant
Address
,: 19
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER:
This is to certify that at :the time of the. Lastassessment for taxation
made by the Town of North Andover, the names and addresses of the parties
assessed as adjoining owners to the parcel of land shown above were as
above written , except as follows:
Assessor
L%% A BUTT ERS L I S T. CLIENT Boston Hill Ski Area
RECORDED By- D.L. Burnham
PAGE # JOB NO. ��n DATE i a�
1 of 1 Thomas E. Neve Associates, Inc.
NAME OF ABUTTER _ (OWNER) ADDRESS AND/OR MAILING DEED ASSESSOR'S PLAT COMMENTS
ADDRESS BOOK/PAGE PLAT BLACK LOT
B & C Realty 1175 Turnpike St.
North Andover, MA 107C-12
TrusteeQ of, Reservationg 124 Adams Street
Milton, MA 107C-15
107C-13
John C. Farnum 426 Farnum Street
No. Andover, MA 107C-68
Boston RiU Ski Area C/o Robert W. Dunn 107A-149
18 Seery St. 107C-10
Malden& MA 107C-14
Received by Town Clerk :
FORM A
NCS :?
PPLICATION FOR ENDORSEMENT OF PLAN
MAY 2 12 'F. �UIBELIEVED NOT TO REQUIRE APPROVAL
April 30 , 1987
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 i;t under the Subdivision
Control Law is not required .- The undersigned believes that such approval
is 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 B)j Law and is on a public way ,
namely , Salem Turnpike , or 'a private way, namely ,
, being land bounded as follows :
Northerly: By LandofFink
Easterly: By Land of Farnum
Southerly: By Land of Farnum
Westerly: By the Salem Turnpike.
2 . The division of land shown on the accompanying plan is- not-a sub-
division for the following reasons :
All lots conform to the Zoning By-Law and Planning
Board Regulations
3. Title reference North Essex Deeds , Book 1182- ; Page 3a4 or
Certificate of Title No . Registration Book
Page
Applicant ' s Signature : Owner 's signature and address if not
th pplicant :
Applicant ' s Address : r-� 5k; 4
T
Sqw Kit 5k; 4CA 1,J
C .
ya "fl v,r N
.c►,1?7ox1
Received by Town Clerk : -
Notice to APPLICANT/TOWN CLERK' of action of Planning Board on
accompanying plan:
I. 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 hasIdetermined 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 :
` Received: by Town Clerks 1RL�CJ'ILD
DANIEL Lo3,'C
24 AY 089
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS -rEL:4t
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
c/o Robert Dunn, President ,
�gston Hill Ski Area P.O. Box 830
Applicant i-Inc. Address py¢r ueyiz u__miyah, re n3871 '
1. Application is hereby madee
a) For a variance from the requirements 'of Section 7. 2 Paragraph
and Table 2 of the -Zoning By Laws . *and Section ) of the
Zoning By-laws
b) For a Special Permit under Section Paragraph of the Zoning
By Laws.
c) As a' Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
proposed
2. a ) Premises affected are land x -and buitding(s ) numbered
Street.
b) Premises affected are property with frontage on the North
South ( x) East ( ) West ( ) side of Turnpike Street (Route 11 1)
Street , and known as No. Boston Hi'IT SkiAreg Street .
c) Pxemises affected are in Zoning District�g-, and the proposed; premises
affected have an area of 247,112 square feet and frontage of
over 800 _feet . '
3. Ownership
a) Name and address 'of owner (if joint ownership, give all names ) :
Boston Hill Ski Area, Inc. ;_ c/o Robert Dunn, President; P.O. Box 330%
i ,----- -- ---- 11/1171 � Rye, N.H.
Date of Purchase Previous Owner
b) • If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
50 ft E. enTto
4a Size of proposed building:' 370 front,-90 ft.
W. -feet deep;
^ .Height 1 story' stories; 20 feet . with "'---ens
c ck tower in front to approx. 30 ft.
a ) Approximate date of erection: summer/fall 1989
b) Occupancy or use of each floor: commercial/retail
c.) Type of construction: concrete slab foundation, wood, brick and glass
facade
5. Size ofexisting building: feet front;_ fMet deep;
Height —_stories; .feet .
a ) Approximate date of erections.
b) Occupancy or use of each floors
c ) Type of construction:�_ �—_____
6. Has there been a previous appeal, under zoning, an these premises?
if so, when?
* shown as Lot l on a Plan entitled "subdivision of Boston Hill„Ski Area,
Inc. in North Andover, Massachusetts" dated 11/30/88 and recorded March 1,
1989 at the Essex North Registry of Deeds as Plan No. 11432
7 JDesci
n
� iption of relief sought•on :this petition '4riance from.set-back
tr' rcquirements under Section 7.2. (See Attached)
v�
S.j. Deed recorded in the Registry of Deeds in Book 0 Page
�• ..; lrand.'Court Certificate No, gook
The principal points upon whieh'I base_my application are as follower . +WtI
(mist be,stated in detail).
See dttached statement.
I agree to pay the filing fee* advertising in newspaper, and incidental
expenses• Boston Rill Ski Area,-Inc, :! 0
David A. Sullivan S noire o"e o er s •,1• i
Every application foe action by the Board shijil be sada on a form approved
by- the Board. These forms shall be furnished by the Clerk upon request. �Y
Any communication purporting to be an application shall be treated as more "
notice of intention to seek relief until such time-as it 'is .made on the . • ':^=i
official application form. All information called .for by the form shall ,
be furnished by the applicant in the .manner'thereinvprescribed.
EverN�application shall We submitted with a list'of`•"Parties In Interest" .
.rhich list shall •include .the petitioner, ,abutters, owners of land directly
apposite on any pubtic,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.bn the most recent applicable tax list,
notwithstanding that the land of any such,owner is located in another city;.'•;;"
Dc town, the Planning Boacd of the city or town,, and the Planning Board of.* ;+•j:�
every abutting city or town. ' 1; yr•
'Evecy 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 involvsa in bringing the. petition before the Board.•,.: %?AR
;uck costs shalt include trailing and publication, but are not necessarily;r:'}:
limited to these, y,
?-very application shall be submitted with a plan of land approved by the •'..�
•
)oard: No petition will be brought before the Board unless said plan has
2een 'submitted. Copies of the Board's requirements regarding plans are
ittaghed'hereto or are available from the Board of Appeals upon request.' .a1
LIST OF PARTIES IN INTEREST
....yY
Nemo , AddressJA
See Attached
i,.r
f (use additional @heats if`necessacy) _. r"pit.
t
SIS POR APPLICATION
Applicant seeks to develop a parcel of land situated on
Turnpike Street, Route 114) and containing approximately 5.6 acres
(the "Land") to create an approximately 25,000 square foot com-
mercial business development. Additional abutting land owned by
the Applicant is being sold to an unrelated third party for
separate development as a residential property the "Residential
Property" ) . This variance application relates only to the com-
mercial development of the Applicant and not to the Residential
Property.
The Land is zoned for General Business under a protective
zoning freeze predating the creation of the village residential
zoning district in 1987 . Section 7.2 of the Town of North Andover
Zoning By-Law sets forth the set back requirement for developments
in a General Business District. Under the guidelines referenced
as Table 2, the minimum front set-back from Rte. 114 is 100 feet
with no parking in the first 50 feet of the set-back, the minimum
side set-back from an abutting residential district is 40 feet.
Applicant requests variances from the front set-back requirement
and a variance from the side set back requirement to allow it to
develop the Land as proposed. Applicant seeks an additional vari-
ance from the provisions of Section 8.2 (2) which requires that
retail project have 5 parking spaces per 1,000 sf of GFA. The
variance in parking is to allow for a shortfall of eleven spaces
from the required 125 spaces. As proposed and shown on the site
plan, there are 114 spaces.
-1-
The proposed front set-back is required to account for some
foundation intrusion but predominantly for overhanging portions of
the front of the proposed building which would intrude on the 100
foot set-back and to allow the intrusion of the Project parking
area into the fifty foot buffer zone. The encroachment on the
side set-back is a total of 30 feet and the parcel encroached on
is the Residential Property. As proposed in the residential``
development, there will not be any residential building within
approximately 190 feet of the commercial property.
The Applicant and the developer of the Residential Property
have met extensively with the staff of the Division of Planning
and Development and with owners of abutting property. The site in
question, a former ski slope, is a steeply graded parcel which
cannot be kept in a natural condition or successfully utilized if
there is a strict enforcement of the Zoning By-Law due to required
additional clearing and grading. The variances requested can be
granted without detriment to the public good and in keeping with
the intent of the Zoning By-Law and in fact do more to maintain
the intent of the By-Law than strict adherence would Therefore,
the standards required for a variance as set forth in Mas-
sachusetts General Laws, Chapter 40A and Section 10.4 of the Zon-
ing By-laws of the Town of North Andover, having been met, the
Applicant respectfully requests that applied for zoning variances
be granted.
1. Minimum Front Set back.
Section 7 .2 of the Zoning By-law requires A minimum front set
back of 100 feet from Route 114 is required (Table 2, Note 1) the
-2-
first 50 feet of which must be planted and landscaped with no
parking permitted. The proposed structure fronts along Route 114
and as presently designed, the building does not meet the 100 foot
set back in all instances since the building contains a designed
overhang of 10 feet which encroaches on the 100 foot requirement.
The foundation itself is within 88 feet of Route 114 in the center
portion. Applicant requests a variance from this provision `s€ the
Zoning By-law in all instances where the site plan does not
comply. Due to the particular configurations of the Land, the
building site and parking area are dictated by the sloping
topography. Moving the building further back on the site would
result in substantial and unnecessary grading to accommodate the
building which could alter the existing site drainage and would
adversely impact on the aesthetic appeal of the development.
Similarly the siting of the parking area in front is intended to
preserve the appearance and overall environment of the Boston
Hill. Applicant's technical compliance with the Zoning By-la4,
would have a far greater impact on the site by requiring ad-
ditional grading and clearing and would spread out the site
thereby increasing the impact. This would sharply oppose the
goals of the Zoning By-law. Applicant intends to minimize any
impact on the Rte. 114 landscape and traffic by means of dense
screening and landscaping in a planned 15 foot free zone. In ad-
dition, the lower elevation of cars closer to Rte. 114 as opposed
to up the hill will lessen the visual impact of headlights and
parking areas. Applicant has worked closely with the developer of
the Residential Parcel to assure a pleasant overall development
-3-
which would conform as closely as possible with the natural slope
of the property and would allow for the minimum amount of site
clelaring and grading. The requested frontage variance is the
minimum variance required to allow the Applicant to make the best
use of the Land and in keeping with the intent of the Zoning By-
law. Applicant feels that the intrusion on the set-back is
minimal in relation to the harm that would be required by a
complying configuration.
2 . Minimum Side Set Back.
Section 7.2 requires a commercial building in a General Busi-
ness zoning District set back at least 40 feet on the side and
rear yards. The location of the building does not conform to the
side set back requirements from the Residential Property. The
Applicant has worked closely with the developer of the Residential
Property in order to assure a consistent and complimentary
development of the commercial project. While there is a literal
encroachment on the lot line set-back requirement, the configura-
tion of the Residential Property places all of the residential
buildings far from the commercial development. The nearest
residential building will be approximately 190 feet from the
Applicant's building. The relocation of the commercial building
would not serve the purpose of the Zoning By-law which requires
than there be at least 70 feet between a residential building and
a commercial building since the buffer zone here is far exceeded
7
by the planned development. The developer of the Residential
Property has agreed to the location of the Applicant's building
with the Applicant and supports the granting of this variance from
-4-
the point of view of the Residential Property. The variance
requested is the minimum variance required to allow the maximum
use of the Property.
3. Minimum Parking Space Variance.
The Project as drawn contains only 114 parking spaces. Under
current zoning, a 25,000 square foot retail building in a General
Business district requires 125 spaces. Prior zoning under which
this parcel is still governed, required that the measurement of
the building be based on "net ground floor area" excluding storage
area. Section 8.1(1) North Andover Zoning By-law, 19720, Reprinted
1986 . Although final interior space configurations would be
subject to the specific tenant it is estimated that at least 3,000
feet will consist of the common loading area and tenant storage
reducing the space requirement by 15 spaces. Applicant intends to
comply with all current requirements regarding space size (ie. 10
by 20 foot spaces rather than 9 by 18) , landscaping and screening.
In order to maintain the structural integrity of the surrounding
landscaping and hillside, the Applicant does not wish to extend
the parking area further to the east side if that can be avoided.
As shown on the Plan the eastern end of the proposed building site
commences a sharp natural grade. Removal of some or all of this
grade would impact on the overall appearance of the site by
spreading out the Project and would require extensive clearing
and regrading. Applicant believes that the variance requested is
minor and that the granting of this variance will not subvert the
purpose of the ordinance since this building consists of less than
25,000 square feet of usable space, and therefore less traffic
-5-
density than a typical building of this size. Since the configura-
tion requires that a common area running from the loading dock to
the west end of the building be included in the plans for loading
and unloading purposes, thus cutting down the usable space. Under
the pre-1987 By-law this space would be excluded to allow ap-
plicant to proceed with approximately 110 spaces. The requested
variance is the minimum variance required to allow the Applifeant
to make the best use of the Land, is intended to improve the ap-
pearance of the Project to be in keeping with the intent of the
By-law and is in keeping with the intent of the Zoning By-law.
-6-
EXHIBIT A
LIST OF ABUTTERS
BOSTON HILL, TURNPIKE STREET
NORTH ANDOVER, MASSACHUSETTS
Property Assessed Owner
P at No. Lot No. Address
and Address
107A 149 Turnpike Street Boston Hill Ski
107C 10 (Rte. 114) Area, Inc.
c/o Robert W. Dunn
18 Seery Street
Malden, MA 02148
107C 13 Chestnut Street The Trustees of
107C 15 (Weedenmiller Piece, Reservation
107C 32 Boston Hill Pasture, 572 Essex Street
thru 40 Chas. W. Ward) Beverly, MA 01915
107C 68 Farnham Land (under c/o Benjamin Farnham
1017A 31 Farm Animal Act 426 Farnum Street
107A 6 Ch. 61A) North Andover, MA 01845
107A 40, 41, 42
1078 7
107C 11 (M.I.T. Radio Tower) John C. Farnham
426 Farnum St
North Andover, MA 01845
107A 43 Johnson Street Bernice A. Fink
at Turnpike Street P.O. Box 363
North Andover, MA 01845
107A 148 Turnpike Street Boston Hill Ski
i Area, Inc.
c/o Robert W. Dunn
18 Seery Street
Malden, MA 02148
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107A 34 Turnpike Street John C. Farnham
at Johnson Street 425 Farnum Street
North Andover, MA 01845
107A 33 1208 Turnpike Street Milton C. a Eileen Allen
1208 Turnpike St
North Andover, MA 01845
1070 12 Turnpike Street B&C Realty Trust
k;.J. Balsamo
C.J. Carrell
1175 Turnpike Street
North Andover, MA 01845
107C 105 Turnpike Street Raffaela Balsamo
1175 Turnpike Street
Horth Andover, MA 01845
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`CCE �U�1�:tttDxCCU.P.�tC�.C� .q� ttss�t�t�et#�
Department of Public Safety—Division of Fire Prevention
1010 COMMONWEALTH AVE., BOSTON
CERTIFICATE OF REGISTRATION
North Ard over April 27 19.45.
(Ci tY.or Town) (Date)
In accordance with the provisions of Chapter 148, Section 13, of the General Laws, the undersigned
hereby certifiillt Si Area
Boston ...... Address TurnQike St. N....,Andove..
........................................................................
(Name of holder of lieense).
is the holder of the license granted...Oet0 r.„2Q.9,,,15.5$.............................19 for the lawful use
of the.building(s) or other structure(s) situated or to be situated at.Boston}„H.111,Turnpik®,„St•
500 tg,als jas. 200 gals diesel oil both underground (street ane number)
as'relate lot EEPI C STORAGE,MANUFACTURE OR SALE OlrINFLAMMABLES OR EXPLOSIVES
North Andover
................. .................................
(City or Town)
Note: This certificate of registration must be signed by the holder of the license if said license was granted
erior to July 1, 1936,otherwise by the pant of a laq
'� 1�lsss�t�
Received M .... ........... .........19z�? . ..... !....... 114i�'!!!!!•�!�!' ..
SOW~ J. L YON`.- Jo”)
by ...... 1,�,y,�,. ..�>�Lf�zK....................................
ANDOVER. MAM O (State wlRther owner, oceaoant or holder)
iV4?•:.............. ................................................
(Official Title) .16W I Or
(Address)
Oversized Maps on file with the Town
i,