Loading...
HomeMy WebLinkAboutPEASE, LEANDER .eceived by Town Clerk: RECEIVED DANIEL LQNQ NORTH ANDOVER r . r RAT 19 AM 118 TOWN OF NORTH ANDD R VE MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Leander F. Pease III and Raymond L. 31 Flagship Drive Applicant�'ol_lette, '1Mi to s of_C_Ap Realty_=thddress No „d -r,_M=s. OIR45 1 . Application is hereby made: 7� # .685-6027 a ) For a variance from the requirements `of Section 7 Paragraph 7.3 and Table 2 of the Zoning By Laws . b) For a Special Permit under Section NA Paragraph NA of the Zoning By Laws . `— c ) As ' a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. NA 2 . a ) Premises affected are land X and building(*) X numbered 31 to 37 FlDrive b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West (X ) side of Flagship Drive Street , and known as No. 31 to 37 Flags p Drive _ Street . C ) Premises affected are in Zoning DistrictIl and the premises affected have an area of80,932 square feet and frontage of 435.00f ee t . -- 3. Ownership a ) Name and address of owner ( if joint ownership, give all names ) : Leander F. Pease III and Raymond L. Collette, Trustees of C & P Realty Trust Date of Purchase May 29, 1981 Previous Owner Powder-Tech Associates, Inc. b) If ,applicant is not owner , check his/her interest in the premises: -NA-Prospective Purchaser NA Lesee NA Other (explain) 4a Size of proposed building: 40 ft. front; 81 ft.± feet deep; " Height one stories; 17± feet , front 1 f b­EE7rear a ) Approximate date of erection: proposed Summer, 1988 b) Occupancy or use of each floor : Light Manufacturing & Office c ) Type of construction: Concrete, concrete block & steel joists S . Size of existing building* 16 feet front; g0 feet deep,- Height eep;Height one stories; 17± feet .front -- 2'1±7&e-t rear a ) Approximate date of erection: May, 1981_ r b ) Occupancy or use of each floor : Light Manufacturing c ) Type of cons t r uc t i on: Concrete, concrete block_ & steel joists 6. H'cs there been a previous appeal , under zoning, on these premises? No If so, when? -' 77kDescription of relief sought on this petition fide yard variance of 20 ft.at N.W. corner of Proposed addition Be Deed 'recorded in the Registry of Deeds in Book• ?'' 1507 Page 128 Land Court Certificate No. Book Page Theprincipal• ' points upon which i base my application are as follows: .(must be. stated in detail ) LLand topography dictates setting the addition back from the faces of• the existing building, literal enfnregyrd-nt: 4 e By- aw will involve substantial hardship f' _Relief may be financial or eiv gran w ut substantial detriment to the public good or substantially deroaatina fram the intent or purpose ofd-Iaw�_ ... • I agree to pay the filing fee, advertising in newspaper, and incidental expo s* Ylt- _ lir Signature o Petstior�er s :�• Every application for action by the Board shall be made on a form approved by the Board . These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time - as it is - made on the . official application form. All information called for by the form shall ' be furnished by the applicant in the manner ' therein::rprescribed . Everyapplication shall be submitted with a list of '•"Parties In Interest" • which list shall include .the petitioner , . abutters , owners of land directly opposite on any public or private street or way, and abutters to .the abutters ;within ' three hundred feet ( 300 ' ) of the property line of the ` petitioner as they appear , on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city ..'.,•' or town, the Planning Board of the city or town,. and the Planning Board of, ; ' every abutting city or town. �:•;: *Every application shall be submitted with an application charge cost in the amount- of $25 , 00. In addition, the petitioner shall be responsible '',.' ;.". . for any and all costs involved in bringing the petition before the Board.", , '-:.: Such. costs shall include mailing and publication, but are not necessarily... :.", limited to these . . � Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted . Copies of the Board ' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request.' : LIST OF PARTIES IN INTEREST ' Name , Address See Additional Sheet Attached : ^ } (use additional sheets if' necessary) PLAN OF LAND TO ACCOMPANY PETITION Each application and petition to the Board shall be accompanied by five ( 5) copies of the following described plan: The size of the plan shall be .11 x 17, drawn to scale, 1 inch equals 40 feet; it shall have a north point, names of streets, zoning districts , names and addresses of owners ofro erties P p within a minimum of 200 feet of the subject property, property lines and location of buildings on surrounding properties . The location of buildings or use of the property where a variance is requested and distances from adjacent buildings and property lines shall be verified in the field and shown on the plan. The dimensions of the Lot and the percentage of the lot covered by the principal and accessory buildings and the required parking spaces shall be shown. Entrances , exits , driveways , etc. that are pertinent to the granting of the variance shall be shown. All proposed data shall be shown in red . Any topographical feature of the parcel of land relied upon for a variance, such as ledge , rock peat, or natural condition of water , brook, or river , shall be shown on the engineering plan. When a variance is requested to subdivide a parcel of land, the dimen- sions and area of the surrounding lots may be taken from the deed or lotting plan for comparison of the size of the lots in the neighborhood, noted on the plan as such, and marked. "approximate" . The plan shall be signed and bear the seal of a registered surveyor or engineer. ,Any plans presented with the petition shall remain a part of the records of the Board of Appeals. If living quarters are to be remodeled, or areas are to be converted into living quarters, in addition to the plot plan, five ( 5) copies of the following described plans shall be furnished: 1. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways , halls, doors opening into the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall be shown in red. The size of each plan shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one foot . All plans and elevations presented with the petition shall remain a part of the records of the Board of Appeals . For petitions requesting variation(s ) from the provisions of Section 7, Paragrpahs 7. 1, 7. 2, 7. 3, and 7. 4 and Table 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed , will be acceptable to the Board of Appeals provided: 1. The dwelling(s ) , structure(s ) , or building(s ) were constructed prior to March 14, 1977 . 2. The petition is not to allow construction or alteration to the dwelling(s) , structure(s ) , or building (s ) which will re- sult in the need for the issuance of a building permit . 3. The size of the plan shall be no smaller than 8 1/2 x 11 inches and must show the existing area of the parcel, the existing frontage, and the existing setbacks of the dwelling(s ) , structure(s ) , or building(s ) being conveyed. 4. Proper space is provided on the plot plan for the Board' s signatures , as well as adequate space for the following information: date of filing, date of public hearing , and date of approval . LIST OF PARTIES IN INTEREST Name Address Kousin Realty Trust 65 Flaship Drive North Andover, MA 01845 B&B Associates Flagship Drive North Andover, MA 01845 Cliento Associates 2 Elm Square Andover, MA 01810 Marasco Nominee Trust Holt Road Andover, MA 01810 Jerry A. Goldlust Box 121 Carlisle, MA 01741 Ragweed Realty Trust 801 Turnpike Street North Andover, MA 01845 Associated Condominium Corporation 793 Turnpike Street North Andover, MA 01845 JrcF' �r4T/c /�2& DUrTS L'd 1�'�/ c POba -,K 72- IK14 7-H /Al X/9 S'S D/f/j �l/d27/y 19-,1/aa4/6:;i� P?YPM�"'J� 7-;4 PA /7-/yT/2dr ST sU13r 3rd � �1ego TOWN OF NORTH ANDOVER MASSACHUSETTS ,t ,aga BOARD QF APPEALS 01 C NOTICE OF DECISION to ac L� a 10 dor Pease III Raymond Collette, trustees Date . . August 15, 1988 of C & P Realty Trust 1.3.9.-88 31 Flagship Drive Petition No.. . . . : . . . . . . . . . . . North Andover, MA 01845 Date of Hearing. . August.9,. 1M. Petition of Leander F. Pease. III &.Raymond ,L: ,Collette,, trustees, of Q .4.F. Realty Trust Premises affected . . .31 to- •337 -Flagship -Drive. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of flab . S.ectiou. 7,. . . .. Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit . . side,yard varjauce, .Q f.20. f.t,t .at. X.-.W .cornea .of.propased. . . . . . . . . addition After a public hearing given on the above date,the Board of Appeals voted to .GRANT. . . . . : the vaxlen�e . .QS. REQUESTED. . . . . . ... . . . .. and hereby authorize the Building Inspector to issue a permit to C' P. Realty. T.rust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed i � ,an Ser.. o,,• ,Jr. ,, ,hairman, . . . . . . . . . . Ni cli?rSo ,. .Glexk. . . . . . . . . . . . . . . . . . . . . . . . . . +° tzta .Q:GPAnox . . . . . . . . . . . . . . . . . . Louis.Rissi.n :. . . . . . . . . . : . . . . Board of Appeals s p ay.n w c1 0 tat- F JVd d * r dp4a� �SSACHE� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Leander F. Pease III & Raymond L. Collette, trustees* Petition x/139-88 of C & P Realty Trust 31 Flagship Drive North Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on Tuesday evening, June 14 and August 9, 1988 upon the application of Leander F. Pease III & Raymond L. Collette, trustees of C. & P Realty Trust requesting a variance of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit side yard variance of 20 ft,± at N.W corner of proposed addition on the premises located at 31-37 Flagship Drive. The following members were present and voting: Frank Serio, Jr. , Chairman, Augustine Nickerson, Clerk, William Sullivan, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on May 26 and June 2, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variance as requested. The North Andover Conservation Commission voted that the proposed addition by the petitioner was not subject to the jurisdiction of the Wetlans Protection Act G.L. c. 131, §40. The Board of Appeals requested a revised site plan clearly showing the proposed addition, and that has been received. The Board finds that the petitioner has satisfied the provision of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not derogate from the intent and purpose of the Zoning Bylaws. Dated this 15th day of August, 1988. BOARD OF APPEALS t 4FHSe-rio, Jr. Chairman /awt � LDC MUM UM %• TOWN OF NORTIi ANDOVER /�/z ��J7 MASSACIIUSI3TTS A 7s Any appeal shall be filed J'KMU'+Et within(20)days after the . date of filino of this Notice NOTICE OF DECISION In the Office of the Town Clerk. Date.Noxexber. ?..x,. .1988. . . . .. . . . Date of Hearing NAveraber. 174 .1988 Petition of . . . . . . . . . .. . . . . . Premises affected 3l Flagship Drive, , , , , , , , • , , , ; . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . .North. Andovex. .Zoning. Bylaws,. AertiPA .$.3 so as to permit .tha. �anstru>✓:��.v�.Q . axl .addaxi.Qn.tp. an .exis�Ca,ng .buir],ding ,of13,,600 sd.ft. far ,light manufacturing, A. g1�QsSA. addition� to be 3 , 222 sq. ft. , one story. After a public hearing given on the above date, the Planning Board voted Conditionally to Agp:�ove. . . . . . . .the . . . . Site .Plan. Review. . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . r based upon the following conditions: See Attached cc: Director of Public Works Signed Board of Public Works Highway Surveyor -V4La. A. .Uedstx.QQ . chairrman. . r Tree Warden Conservation COmmission Geoi�q ,P�rp�•,• ,Va.c�,-chairman. . Building Inspector Board of Health Erich N tzsche . . . . . . . . . . . . .. Assessor Police Chief Michael Leary.. Fire Chief . . . . . . . . .. . . . . . .. AppliApplicant, Engineer cant, . . . . . . . . . . . . .� . .. . . . . . lP. 1 ill-PYPRi'P!3 Part i cc • • • • • • • 'fit........ :... ^.�- • OF"OflT/y� OFFICES OF: 03 Town of 120 Main Street APPEALS :' T; NORTH ANDOVER North Andover BUILDING Massachusetts 01845 CONSERVATION @"" �`s DIVISION OF (508)682-6483 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR November 21 1988 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Rea C&P Realty Trust, 31 Flagship Drive Site Plan Review through the Special Dear Mr. Long: Permit Process The North Andover Planning Board held a public hearing on Thursday evening, October 6, 1988 in the Town Hall, Selectmen' s Meeting Room. The meeting was called to order by the Chairman, Paul A. Hedstrom at 8110 p. m. Also present were George Perna, Vice-Chairman and Erich Nitzsche. John Simons, Clerk, arrived at 8: 30 p.m. Michael Leary was absent. John Simons read the legal notice to open the public hearing. The petitioner is requesting Site Plan approval under the Special Permit Process to construct an addition to an existing building of 13, 600 sq. ft. , used for light manufacturing and office space. The proposed addition is 3,222 sq. ft. , one story structure, on a lot containing 80, 932 sq. ft. located on the west side of Flagship Drive, known as 31 Flagship Drive, in an Industrial-1 (I-1) Zoning District. Philip White, attorney, Raymond Collette and Peter Samaris, an engineer were present. Mr White presented the Board with pictures of the existing building and showed where the addition would be located. The Board members had questions on the side yard requirements, variances, existing drainage, type of business, actual sq. ft. of building addition, parking requirements, landscaping and the construction of the building. On the question of side yard requirements, Mr White said the applicant has a variance. The basis for the variance was based on topography of the land ( 50' sideyard required, 38' shown) . On the drainage question, Mr. White said it presently drains into the street. Page 2 : Relative to the type of business, it will be light manufacturing, 3, 200 sq. ft. , with parking for 33 vehicles as required. The building will be constructed of concrete brick. The Board would like to see alternative plans. They expressed concerns with the location of the building and angle as well as the topography lines and drainage calculations. A motion was made by John Simons to continue the public hearing until November 3, 1988. The motion was seconded by Erich Nitzsche and voted unanimously by those present. On November 3, 1988 the Planning Board held a meeting in the Town Hall, Selectmen Meeting Room. The meeting was called to order at 7 : 50 p.m. by Vice-Chairman, George Perna. Also present were John Simons, Clerk and Michael Leary. Chairman Paul Hedstrom arrived at 8: 20 p. m. Peter Samaris presented the Board with revised plans. Landscaping was still needed. Following a brief discussion on the landscaping, Michael Leary made a motion to close the public hearing and take the matter under advisement. The motion was seconded by George Perna and voted unanimously by those present. On November 17, 1988, the Planning Board held a meeting in the Town Hall, Selectmen' s Meeting Room. The meeting was called to order at 7 : 45 p.m. by Vice-chairman, George Perna. Also present were Erich Nitzsche and Michael Leary. The Chairman, Paul Hedstrom arrived at 8r08 p.m. . John Simons was absent. A motion was made by George Perna to approve the draft decision as written and amended. The motion was seconded by Michael Leary. The amendments were Item C - additional shrubs (being more specific) a continuous row adjacent to the structure, Condition #8, Air conditioning units placed on the ground in the side yard of the addition, and Condition #9 , As-Built Plans to be submitted prior to occupancy. The Board voted unanimously of those present. Sincerely, P��L��A��NN��IN,,GG BOARD Q . Paul A. Hedstrom, Chairman Cc: Director of Public Works Board of Public Works Highway Surveyor Tree Warden Conservation Commission Building Inspector Board of Health Assessor Police Chief Fire Chief Applicant Engineer File 31-35 Flagship Drive - C&P Realty Trust Conditional Approval Special Permit - Site Plan Review The Planning Board makes the following findings regarding this application for a Special Permit as required under Section 10. 31 of the Zoning. Bylaw: A. The specific site is an appropriate location for such a use, structure, or condition since the plans shows the expansion of an existing industrial building. B . The use as developed and conditioned in this decision will not adversely affect the surrounding neighborhood since the project is located within the North Andover Industrial Park. C. There will be no nuisance or serious hazard to vehicles or pedestrians; since an existing use currently housed in the existing building will utilize the addition. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; by utilizing a variance from the Board of Appeals and meeting the standards set forth by the Town under Site Plan Review; E . The Special Permit application before us is in harmony with the general purpose and intent of this bylaw. The Planning Board makes the findings as required under Section 8. 35 that the site plan generally complies with Town Bylaw requirements but still requires additional conditions to fully comply with the purposes and intent of the Zoning Bylaw. Therefore, in order to fully comply with the approvals necessary to construct the facility as specified in this special permit before us, the Planning Board hereby grants a special permit to the applicant provided the following conditions are met: I . Conditions to be met prior to the plans being endorsed by the Board and recorded with the Registry of Deeds Office: 1 . Landscaping plan shall be submitted which shows the following: a. The planting of ten ( 10) blue spruce trees at least 3 1/2" DBH at the time of Planting as shown on the landscape plan dated October 28, 1988. b. Planting beds on three sides of the structure shall be shown of the landscaping plan. C. On the north side of the structure, continuous row of shrubs along the base of the structure and 3 additional trees 3 1/2 DBH at the time of planting shall be shown. d. Additional evergreen shrubs at least 4' high shall be planted adjacent to the utility easement surrounding the utility building, in order to help screen this structure. The following conditions shall be placed on the plans filed with the Registry of Deeds Office: 1 . All signage for the property shall obtain a sign permit from the Building Inspector prior to construction. 2. A note which states: "A handicapped parking space shall be suitably located and marked on the site in accordance with architectural barrier standards" . Two handicapped parking spaces are required. 3. All lighting found on the structure and the site shall be directed down and shall not cast light into adjacent properties, or into the roadway. 4. The Board further finds that the revised plans before us meet the intent of the Board of Appeals decision on the sidg. yard variance. S. The limit of work line shown on the site plan dated October 1988 shall be adhered to by the applicant. No cutting, filling, curbing or destruction of any understory vegetation shall be permitted between the limit of work line and the side property line which contains the 15 ' wide utility easement. 6 . On site drainage shall be designed and constructed in accordance with the DPW. 7 . All parking spaces shall be properly marked on the pavement. 8. Air conditioning units to be installed on side yard of the addition and properly landscaped. 9 . A complete set of certified As-Built Site Plan will be submitted and approved by the Planning Board prior to issuance of Certificate of Occupancy. The following plan shall be deemed part of this decision: Plan entitled: Plan of Land in North Andover, MA for C&P Realty Trust Prepared by Hugh Dunkley, dated October 25 , 1988 Plan entitled: Landscape Plan and Floor Plan of proposed new addition for C&P Realty Trust. Prepared by: Peter Samaris, AIA, dated October 28, 1988