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Home My WebLink AboutELM REAL TRUST 32�ti F� AFRILM :, 3 14 1$ 16 , •••„,; RECEIVED fr�A 801973 0' TOWN OF NORTH ANDOVER JOHN I LYONS MASSACHUSETTS TOWN CLERK j-0 NURTR ANUUVER BOARD OF APPEALS �0 "° E0 z,o ° March 309 1973 Elm Real Trust Corner Elm & Water Streets Petition No. 5-173 John J. Lyons, Town Clerk Town Office Building North Andover, Mass, Dear Six: A public hearing was held by the Board of Appeals on February 129 1973 upon appli- cation of BL4 REAL TRUST who requested a variance and special permit under Section 4.122-14 of the Zoning Bylaw so as to permit the conversion of a structure to eight apartments; located at the south side of Elm Street at the corner of Water Street and known as 93 Elm Street. The following members were present and voting: J. Philip Arsenault, Esq., Chairman; Frank Serio, Jr., William N. Salemme and Associate Members Joseph A. Miragliotta, Esq. and Alfred E. Friselle, Esq, Atty. John J« Willis represented the petitioner. He requested the conversion of a structure that has existed for over 100 years. The first floor will have three apartments; 'two two-bedroom and one effieieney. The second floor will have three apartments; two one-bedroom and one efficiency. The third floor will have two apartments; one two-bedroom and one one-bedroom. The square foot area per apartment meets the density requirements of the Bylaw and the required land area. He said the plans show that he has met all of the requirements of the By-law. He is asking for a variance of the provision that the landscaping or ground development be under the supervision of a certified engineer, paragraph 4• d, of the By-law; because there is no site development contemplated. Parking spaces are provided as required. Several abutters were present and were concerned about the area becoming more con- gested and having more traffic than already exists. The petition was taken under advisement and the Building Inspector was requested to submit his recommendations in writing to the Board before a decision is made. The Board held a meeting on March 12, 19739 at which all of the same embers were present. The Building Inspector submitted his report and the petition was reviewed further. Atty. Mi.ragliotta made a motion to GRANT the special permit in accordance with the revised plan# and the variance requested, subject to the following conditions% (mOl "A") r r ELn Real :Trust -2.. March 301, 1973 1. The trash area, 20x259 shall be enclosed with a six foot stockade fence. 2. Exits are to be as shown on the plan. 3. Add an exterior stairway that leads to Apt. #49 in accordance with the State building code and enclose it in accordance with Section 4. G. of the Zoning By,-Law. 4. All existing trees are to remain. 5• This decision shall be subject to the approval of the Fire Chief with regard to the existing facilities, in accordance with Section b of the Zoning By+-Law. Mr. Serio seconded the motion and the vote was unanimous. The Board went over the Zoning Bye-Law requirements step by step and found the following: C. 1. Land Area: 25,312 ,sq. ft. - more than the required 18,000 sq. ft. 2. Parking: Has 12 parking spaces, an required. - 2. do does not apply. 3. Construction: Meets reqs. 4. Design: a. More than enough area per apartment unit. b. Does not apply. c. Meets requirements d. Variance granted. e. All existing trees will ruin. f. Meets requirements. g. Enclose outside stairway to second floor from Apt. #49 in accordance with State building code and Zoning Bylaw. 5. Sewers: Meets requirements. b. dater: Meets requirements. The Board found that the following conditions are not as required in the Zoning By- Law: a) The specific site is an appropriate location for this use. b) The use as developed will not adversely affect the neighborhood. (((c) There Will be no nuisance or serious hazard to vehicles or pedestrians. (d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use, very truly yours, TDOF APPEALS hilip Arsenault, Esq. Chairman AD • sa4 �OQ NORTI�9�� i h� Avxn7ri ��i 1p 15 1655 � tysSACH6BQ'�{mai ►y rrryr� !� O TOWN OF NORTH ANDOVER 1;1HR va ',:;73 MASSACHUSETTS ;mo ]OflN J. LYONS N a WN CLERK v c TO w e • NURTH ANDOVER 9 BOARD OF APPEALS <� --? so za. . t'o sa NOTICE OF DECISION Date . . . d. t. 473. . . . . . . Petition No.. fir.".73. . . . . . . . . . . . . . . Date of Hearing. FONT.14.x.973 Petition of . . . ]� Real Trost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .93. x! •Strut. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a vAtio rom requirements of the . . . . . . . . . . . . . . . . . North Andaver Zoning Boman Section 4&1= " 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . the eof, a .StrROW". tai.$ight apart k. is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . q4W. . . . . the Spoeisl Toren and Vie. . . . . . . and hereby authorize the Building Inspector to issue a permit to . . . MA Real. Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: See decisiM attached. Signed d.. Philip. ►r��e�u7.t.�. .Ba�q.t.Gl�irslan. . . . . Frank Serio$ Jr, Wil3j" N* Sales!* dsseph A!,. Mfragl ist .74r t. Wit* Nembor Alfred g. Frisel].i� Esq.T.AsseOiats !Bamber . . . . . . . . . . . . . . . . . . Board of Appeals 14 FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL 5 19 ?5 To The Planning Board of the Torn of North Anger: The undersigned wishes to record the accompanying plan and requests a determina- tion 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 fcllowi.ng reasons: 1« The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By-Law and is on a public wa4y# namelyp Water Mmet, North Andover, Mauso being land bounded as follows: EASTERLY by Water Street and land now or formerly of Aspinall and Wilson; NORTEUW by land now or formerly of Driscoll, Norwood, ASC and Willis: WESTERI by land now or formerly of Driscoll, Birk and Dawsons and SOUTIEBLY by land now or formerly of Smith and Travers. 2 Title reference: North Essex Deeds9 Book _. j Page ; or Certificate of Title No. Registration Book., page.; or Other: Received by Town : Appli is signs Etl"1 FJUL i re BI: 7 s, s a oras Date: a� A t s O 164 Pleasant Streeto over Time: o r /' N -� SUNS � S gnature:; �Q--W1q -QL4 R z O:mer's signature and address if not the yo �o applicant: 3alM J. bo Eo a Elm Real Trost, 30 School Stu'eet North; Andover, Mass. 019V5 Notice to APPLICANP/TONN am 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 lawp and the appropriate endorsement has been made upon the same. 2. nb N d t s on# def by G c a �.� th tt to it or ap val r sion coatrol la . Very truly yours# NORTH ANDOVER PLANNING Dates Oversized Maps on file with the Town