HomeMy WebLinkAboutREGENCY REALTY TRUST O
Received by Town,f,O.)erk : o ....... *40
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Date_ _ -Os ` TOWN OF NORTH ANDOVER, MASSACHUSETTS
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BOARD OF APPEALS
Time:: 1�f NUstT
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3 f"t Eu? This application must be typewritten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant RobRrt E. Webster, Trustee of Address G/0 Atty. William J. Dalton
REGENCY REALTY TRUST
1 . Application is hereby made 2 Elm Sq., Musgrove Bldg
Andover, MA
( a ) For a variance from the requirements of Section 7 Paragraphs 7.1, 7.a..
and Table of the Zoning By-Laws . 7.3, 7.5, a.*x
(b) For a Special Permit under Section Paragraph of the dc�gQ
Zoning By-Laws .
(c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority .
2 . ( a) Premises affected are land X and building(s ) x numbered
471 and 477 Andover 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 11-4 and the premises
- --- — -afff ett e-d -tra-"--a-n--a-a a--o-f--13774-- -sj-"re- fee t Avd-f -
75 square feet. for 41471 and 8775 square feet and frontage of
3. Ownership 75 feet for# 477
(a) Name and address .of owner ( if joint ownership , give all names ) ;
Robert E. Webster, Trustee of Regency Realty Trust
Date of purchase 9/82 _ Previous. Owner victor Hatem ,„A Ran nCgnn(
(b) If applicant is not owner , check his interest in the premises :
-Prospective 'Purchaser Lesee Other (explain)
4 . Size of proposed building : N/A front ; feet deep ;
Height : stories ; feet.
(a ) Approximate date of erection :
( b ) Occupancy or use of each floor :
(c) Type of construction :
5 . Size of existing bui idingS:/each are �5et front ; 25 feet deep ;
Height : 2 stories ; feet . Garage : 30' x 20' .
(a ) Approximate date of erection : over 60 years
(b) Occupancy or use of each floor: office
(c) Type !of construction : wood frame
6 . Has there been a previous appeal , under zoning , on these premises? no
If so , when?
Z. Description of relief sought on this petition
SEE ADDITIONAL SHEET "A"
8. Deed reto�rded in the Registry of Deeds in Book Page or
Land',� Cojurt Certificate No. Book -"Page
For 44471 1604/130
For 44477 1604/128
The principal points upon which I base my application are as follows
(Must be stated in detail )
SEE ADDITIONAL SHEET "B"
I agree to pay for ad r ising in newspaper and incidental expenses*
Petitioner ' s Signature
William J. Dalton, Attorney for Regency Realty Trust
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. -These -forms shalal 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
_5kch__time as it is made on the official application forma All in-
formation called for by the form shall be furnis�ieT6q the app ican -
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 .
* 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
Post Realty Trust 451 Andover Street, North Andover, MA
Town of Andover
Merrimack College Turnpike St., North Andover, MA
Francis & Joanne McNulty 200 Elm Street, Andover, MA
Andrew & Irene Soucy 485 Andover St. , Andover, MA
( Use additional sheets if necessary)
SHEET A
In the event that the two (2) Lots, Number 471 Andover Street, and Number 477
Andover Street, have somehow merged into one Lot for Zoning purposes, the
Applicant requests a Variance to permit the separate Conveyance of each Lot.
Number 471 Andover Street is shown at Lot B, and Number 477 Andover Street is
shown on Lot A on the accompanying Plan. Each of these Lots have for over sixty
(60) years been separately deeded whenever a Conveyance has taken place.
SHEET B
BASIS OF APPLICATION
Each of the two (2) Lots involved have been conveyed for over sixty (60) years
by means of separate Deeds. Hatem and Osgood acquired one of the Lots in 1972,
and acquired the other Lot in 1973. When the Applicant took Title in September
of 1982, Applicant received a separate Deed for each Lot.
Neither Lot has ever been "available for combination with or use in connection
with" each other. As a result, it is difficult to vision two (2) Lots having
become merged into one (1) Lot for Zoning purposes.
In the event that any such merger has occurred, the Applicant seeks a Variance
under the Paragraphs of Section 7 which would prevent the Lots from being
separately conveyed as separate Lots. If the Zoning By-Law is literally
enforced, the Applicant will suffer a hardship due to circumstances which
especially effect these premises and do not generally effect premises within the
B4 Zoning District.
For reference purposes, the separate Deeds for each of these Lots have been
attached hereto.
BENJAMIN C. OSGOOD of North Andover,. Essex Count {• •
y,`,Massacfiuset�s'"'
and' VICTOR L. HATEM of Salem, Rockingham County, New Hampshire, ,
nd�,-
v :
vidually and as Co-Partners doing business as BIXBY` & •C0. of 451 And`o'ver
Street, North Andover, Massachusetts for $1.00 and .othei good and valu-
able. consideration paid, release all our right, title and interest, if
any, to Robert E. Webster, Trustee of Regency Realty.Trust.•.Ujd/.t-dated,Segtembe ;9,,
1982, of 2 Elm Square, Andover, Massachusetts
A certain lot of land, with the buildings thereon, 'situated,,'in `s
the Town of North Andover, facing on Andover street, so °called,' and •:'• : -
bounded and described as follows:
Beginning at a point on said Andover Street seventy-five
(75) feet north from the northerly line of•• the' Holden Lots;
so-called, on said Andover Street, running, northerly '' .
toward the line of C.J. Mahoney, seventy-five '(75) feet= s .
Thence, turning at or near right angles..and running
straight line westerly one hundred seventeen 11'7) fee ' ` • `
by land now for formerly of Andrew J. O'Connell `1 4.1�,
Thence, turning at or near right angles and_runi 'ing lout e 1 ,
seventy-five (75) feet to a point one huii �`�{�7}`
feet distant from the west line of 'said Andover,�treet; �„
Thence, easterly by land now or formerly of one J.P.S , , ; + "
Mahoney, one hundred seventeen (117) feet to the point
of beginning,
This.'conveyance is made. subject to and with the- benefit sof,; ali�re
tioris;' 'easements, conditions and agreements of record,,;-T_ ofi'
same :are now in force and applicable.
Beingthe .same =: e&l I a� r El
; premises described in. a deed recorded with Nor�h�Ess@�.•
u ,Registry of Deeds, Book 1255 Pae 82 AJ
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WIT my a and seal this 8th day of September, 1982�i,
z o VICTOR L� HATEM ' , • "
b '4 u
THE COMMONWEALTH OF MASSACHUSETTS,` _ " x ux ' •
o '% ESSEX SS: ^fiy
q ' SEPTEMBER `8, 1982
Nb Then personally, appeared Victor L : Hatem, and acknowl dged ahe „
foregoing instrument to. be his free act "d,
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w� Si ' 1• - ..moi...` '::
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NOTARY Pri C y ;
, -
`� m My commission expires:y' '
WITNESS my hand and seal this 9th da of k. Alk"
y September, .1982 �'' •
Ar C-4
un •• BENJAMINC OSG00 ,�
t cn W.
THE COMMONWEALTH OF MASSACHUSETTS`
A A ESSEX, SS. SEPTEMBER =9} ,1982
RC Then personally appeared Benjamin C. Osgood and acknowledged'�th 'Mt.
H foregoing instrument to be his free act and. deed, before me, Fr :fit
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NOTARY 'P $LI
My commission''exj ir", f
BENJAMIN C. OSGOOD of North Andover, Essex County, Massachusetts ::;
and VICTOR L. HATEM of Salem, Rockingham Countyr New Hampshire, _ihdi
vidually and as Co-Partners doing business as BIXBY1&. CO, of 451 Andover
Street, North Andovert, Massachusetts for $1.00 and, other�good and"
valuable consideration paid, release all our righty' title and •.interestV'
if any, to Robert E. Webster, Trustee of Regency Realty..Tru _ dated-8! p ember,
9, 1982 of 2 Elm Square, Andvoer, Massachusetts
The land with the buildings thereon situated in said North Andover, Y
bounded and described as follows: - sus
point on Andover" Street, one hundred
Beginningata ' +-. 1
fifty (150) feet north from the north line of .the
Holden Lot, so-called, on said Andover Street;
running Northerly toward the land of C.J. Mahoney,
seven-five (75) feet;
a t'
thence turning at or near a right angle and.,running , +
in a straight line westerly one hundredFseuentdeA
(117) feetby land now or formerly of-
Mahoney;
thence turning at or near a right angle and Pdnningti.t
southerly seventy-five (75) feet to appoint` ne <
hundred seventeen (117) feet distant from-; he west
line of said Andover Street; •r � `
thence easterly by land now or formerly of Albert E.
Matchmaker' et ux, one hundred seventeen (117) feet
to the poing:�begun at.
Being the same premises conveyed. by deed datedDecem } ,
o c ber 27, 1972 and recorded and the Registry:;of Deeds = y4--
p u for the Northern District of Essex County,_irV Book 121,1' ,
to .
Page 15.
up•+rG
This conveyance is made subject to and with the benefit` ' ;Y� '
H of all restrictions, easements, conditions;.and agreement's
o > of record insofar as the same are now in force ands :xF .
z applicable. $ „t ,.R �^ � .
4
• Witne s' my han d seal -this 8th day of Sept er, % _98
N c ay s4aty
�+ L. HATEM
VICTOR
o m THE COMMONWEALTH OF MASSACHUSETTS ~
ro 0 j i we�rTlEetij
ESSEX;. SS. , r September 8, 1982
� - •' � -� 'i,y -rte y;�5 �.;. f t�4"}♦ '� -'�'�r','..
Then personally;,appeared before me the bove name 5 s+ ictor L �,
Hatem,e4nd acknowledged: the foregoing i ent t `` sx f -ee"a•
and- deed,, before me,�
to U1 �;FANO �PUBDI
N ! My commission expire
a r.
wt �L�, .G.F batt -;,,t `S'.FJ t'•..P �*!'�•..
A Witness my hand and 'seal this 9th day of Se tember 71,
KC �• > r z•��'F
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H Wi t:.'f • ^S.e
v: W BENJAMIN:C. k ,R �T,.
W H GOOD _, �uk
THE COMMONWEALTH OF MASSACHUSTTS
ESSEX, SS. September
Then personally. appeared before me the above rained Benjamin .d
Osgood, and acknowledged the foregoing instrument to ' lis free act 1t : .
and deed, before me,; ~ �
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• � y'r� il/Rm�l• �` l f •�• s
NOTARY
r ;NOTARY; P B I
U C
My commission exp r'es . � �
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