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Home My WebLink AboutMAIN STREET REALTY TRUST acei4•ed by Town Clerk: DAWdf( 4 TOW TOWN OF NORTH ANDOVER, MASSACHUSETTS DR TH t ,4G'�fR y., 7 BOARD OF APPEALS ! 11 52 A APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE 11h/M s71Q x6'fr - Applicant 129 Realt Trust Up*r 1.11,EISE Address 1 Applehill Road a -toy "L05/�ClW *r -TAWE c, 01 PER a—riT U5 e-AS Natick, MA 01760 1. Application is hereby made: a) INNXXXNXNXXNUNXXXNMXXXNXiE94NXNUKNKNXMXXKRNXXNKXXXXXXHNifXgNX ix xxaxzxxzxxxxxxxxxxxxxxxxxxxgxByxxxwxx b) For a Special Permit under Section 9 Paragraph 1 & 2 of the Zoning By Laws. c) A$ a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. ?. a) Premises affected are land and Building.$s) x numbered 129-131 Main Street. b) Premises affected are property with frontage on the North South ( ) East ( ) West (X) side of Main Street, and known as No. 129-131 Main Street. c) Premises affected are in Zoning District GB , and the premises affected have an area of 16, 641 Square Feet and frontage of 61.42 feet on Main Street with frontage on School Street of 3. Ownership A) Name and address of owner ( if joint ownership, give all names) :. 129 Realty Trust Date of Purchase 12/05/85 Previous Owner William Finneran b) If= applicant is not owner, check his/her interest in the premises: Prospective Purchaser Leses Other (ExplAin) 1. Size of proposed building: N/A ,front; Feet beep; Height Stories; feet. ani Approximate date of erection: b) Occupancy or use of each floor: c) Type of Construction: i. Size fo existing Building: 55 feet front; .125 feet deep; Height 1 story/20 feet . a) Approximate date of erection: 1965 a b) Occupancy or use of each floor: various commercialf professionalt and retail uses allowed under Genera Business type of construction cinder block. i. Has .there been a previous appeal, under Zoning, on these premises? Yes If so, when? February 23, 1968 e Description of relief sought on `this petition 521 Attached Shegt t!i North Essex �.. ; Deed recorded in the. Registry of Deeds in Boo k* Page 59 r 'u t o. Book "Land, C yo Certificate N r i -Page , � • , principal points upon which I base ,my application are as follows:' , &at be: stated in detail) • 'r� Seems Attached gree to pay the filing fee, advertising in newspaper, and incidental enses* ��g A1,07/A) S%iPG t Signature of Petitio er s ;John hillis, Jr--0 /T5 >� ry application for' action by the Board shall be made on a form approved the Board . These forms shall be furnished by the Clerk upon request. "t communication purporting to be' an application shall be treated as mere ice of intention to seek relief until such timetas it As - made on the t " •� iciaL application form. ALL information . `called '•for by the form shall ' furnished by the applicant in the 'manner ' �herein,::prescribed. ry-application shall be submitted with a list of '•"Panties in Interest" . •' ch list shall • include .the petitioner , .abutters , owners of 'land directly osite on any public . or private street or way, and abutters to -the tters ;within : three hundred feet ( 300'. ) of the property line of the iti'oner' .as they appear . on the most recent applicable tax list, dithstanding that the land of any such owner is located in another city ; ' '', X; ' town, the Planning Board .of the city or town, , and the Planning Board of. cy. abutting city or town. r5j: :r.y application shall be submitted with an application charge cost in '. amount' of •$25. 00. . In addition, the petitioner shall be responsible '% ,;; F ; any. and all costs involved in bringing the. petition before the. Board.•,;• �a'•(; Lcosts shalt include• inailing and publication, but are not necessarily, ,'. ;'� �� ited to these. ._ _y application shall be submitted with a plan of land approved by the :d: No petition will be brougt-kt before the Board unless , said plan has -i submitted.. Copies of the Board' s requirements regarding plans are ;•:+ iched ' hereto or are available from the Board of Appeals upon 'request.' . ' LIST OF PARTIES IN INTEREST ! Address Name See' Attached List • ' :;iii (use additional sheets if'-necessary) •> ,:+'; .1 '. , .. •R.. !.l•Y NIX RELIEF SOUGHT The petitioner requests a reversal of the adverse decision of the Building Inspector regarding the ability of the owners to use the base- ment space as .a matter of right for any use allowed in a general business district, so long as the construction or reconstruction as may be needed, complies with the building codes for the Commonwealth of Massachusetts. In the alternative, the -applicant-seeks a special permit under Section 9, Paragraph 9.1 of the Zoning By Laws or other permission as provided in Section 9.1 from the Board of Appeals to allow the re-construction of the basement are for occupancy and use •as allowed in the General Business Zone i PRINCIPAL POINTS The applicant bblieves the structure predates the present Zopmng Regulations with regards to off street parking regulations, and site plan review procedures. In that connection, the applicant believes that the Building Inspectors determination that such approvals as a special permit under Section 9.1 or Site Plan review under Section 8, Paragraph 3, are not and should not be applicable to a structure which has been used continuously since before the regulations were adopted as required to comply with the nbw Zoning Regulations as the structure and the use of the- structure are "Grandfathered" in by the Massachusetts General Laws Chapter 40 and under the provisions regarding "Grandfathering" in the North Andover Zoning By Law. - In the alternative, the applicant believes hhat the intended change meets the requirements of Section 9, Paragraph 2, in that it is a .change upon the same lot, does not increase the volumn area of the extent of the non conforming use mn the aggregate of more than 258 of the original use and will not lengthen in any manner, the economic life of the non conformity longer than the period reasonable fortheamortization of the initial investment. Wherefor the applicant asks that the Zoning Board of Appeals, grant a special permit under Section 9.1 and determine further that the Building Inspector is incorrect in his determination that Site Plan Review is required for this project in that only a special permit is required if any permits are required under Section 9. 1. In the alternative, the applicant asks that the Board of Appeals grant the special permit subject to Site Plan Review. r 1 PARIMES IN INIEREST (1) Francis E. & Christine M. Smith 133 Main Street, North Andover (2) Kmiec Realty Trust Turnpike Street, North Andover c/o Louise J. Kmiec, Jr. (3) Doris V. & Joseph Filetti, 11 Second Street, North Andover Brenda Hall & Howard T. Richardson (Map 30 Pare. 3) (4) Charlotte M. Booth 14 Second Street, North Andover (5) Arlington Trust Co. P. 0. Box 4398, Boston, MA c/o Shawmut Bank, North Andover (6) Paul R. & June G. Thornton 20 School Street, North Andover (7) Arthur W. & Mazy c. Mawson 29 Second Street, North Andover (8) Sheila M. & Vincent J. Landers 40 Court Street, North Andover (9) San Lau Realty Trust 231 Sutton Street, North Andover C/o Minco (10) Richard & Sherrill Lentini 56 Neck Road, Wand Hill, MA I (11) Malcolm J. & Diane M. Norwood 126-128 Main Street, North Andover (12) Town of North Andover Town Hall, Main St. North Andover PLANNING RECtIVED DIVISION COMMUaITYF1)EVELUPMENAND DANIFL ; roar;CLQ - TOWN OF NORTH ANDOVER HORiN AhDOER MASSACHUSETTSZ0 • 1 (16 W7 PLANNING BOARD APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMIT, Under Section 8.3 of the Town of Noir°th Andover Zoning Bylaw. 129 Main Street Realty Trust UDT 12/5/85 Elliot Goldstein and 1 . ) Applicant/Petitioner=_ . Jane r C. :Diperi -Trustees Address: 1 Applehill Road, MA 01760 Phone: c/o Attornev John J. Willis, Jr. (508 ) 685-3551 . 2. ) Ownership : 129 Main Street 8e41ty_.Trust Address: 1 Applehill Road, Natick MA _ 01760 Phones c o Attorney 'John J. Willis,, Jr. (508) 685-3551 3. ) Location of the project : 12.9--l.31 Main Street Address: 129-131 Main Streeta _North_Andover, Mass&chusetts �, Assessors Map #: Q_ � Deed Recorded in: North Essek Registry of De ds _ Registry of Deeds Book 2093 Page _ 59 or Land Court Certificate No, l3i�n! -- Page 4. ) Size of the Building 14,750 _ square feet Height 20 feet Stories _1 ....... Feet Occupancy or Use various commercial. Professional, and retail uses Type of Construction cinder block_. _ allowed under General - - — -- Business 5. ) Size of Existing Building 13, 75.0 Height _ 20 . Stories 1 _ _ FeEat Occupancy or Use various commercial. Professional, and retail uses .allowed Type of Construction Cinder Block, _ under General Business 6. ) Classification of tfie Proiectt5pv Section 9.33 of the Zoning Bylaw) Major Intermediate _ Minor *** INFORMATION HEOU i RI D f OR SITE: PLAN REVIEW TYPE_QF`,__DEVELOPMENT PROPOSED i MAJOR INTERMEDIATE PI11VOfi _ fY(7E_011 INFORMATION REQUIRED X X X _ 1 . North Arrow/Location/Map X X X +� a, Survey of the Lot/Parcel X X X _ 3. - Name/Description of 'Project X X X 4 , Easements/Legal Conditions X X X 5. Topography X X X 6, coning Information X X X 7. Stormwater Drainage Plan X X X 13. Building(s) Location X X _ X 9. Location of Parking/Walkways X _ X X I( Location of Wetlands X X X ___.._.. 11 . Location of Walls/Signs X ' X — X ! p . I_cr_ation of Roadways/Drives X U " IJ , Outdoor . Storage/Display Area XX ii trF . Landscaping Plan X _.__� X — q -._.__... 15 . ftefkise Areas X X 16. Lighting Facilities X 0 0 I Drainage Basin Study X 0 11) l8 ; Tr•3ff is Impact Study _ X \ ly, (ofnmonwealth Review X Required Information 0 Information may be request;nd by t;hce r'lanning Board 7. ) Please supply ten ( 10) c:opic-, (�f the above information to the Town Planner with this application. ** See prior Plan Review Application filed with Tbwn Of North Andover dated , plus interior lay out plan attached �V G. ) Advertising Fee: Filing Fee: 129 Main Street a 9. ) Petitioners Signatures: by..:.._ J. `Will s, r. itS A Every application t r ., f:} nn l y he Board shall be made on a form approved by the Board . esp forms shall be furnished by the Town Clerk upon request . Any communitation put-porting to be an application shallbe treated as mere nc>tice 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 tarnished by the applicant in the manner therein prescribed in accordance with the requirements of Section 8.3. Every application shall bre submitted with a list of "Parties in Interest" which shall include: the petitioner , abutters, owners of land directly 'opposite on any public or private street or way and abutters to the the abutters within three huiulreed ( 300) feet of the property line all as they appear on the most re cunt applicable tax list , notwithstanding that the land of tiny such owner is located in another city or town, the. Planning Board of the Town and the Planning Board of every abutting city or town. LIST' OF PAM LES IN INTEREST NAME 0DDRESS See Attached List 1 ADD ADDITIONAL DIME!`TS. IF NECESSARY ANY QUESTIONS SHOULD BE DIRECTED fO 11IE. PLANNING OFFICE AT 685-4775 4 PARrUS IN (1) Francis. E. & Christine M. Smith 133 Main Street, North Andover (2) Ifniec Realty Trust Turnpike Street, North Andover c/o Louise J. Ifniec,'Jr. (3) Doris V. & Joseph Filetti, 11 Second Street, North Andover Brenda Hall & Howard T. Richardson (Map 30 Pare. 3) (4) Charlotte M. Booth 14 Second Street, North Andover (5) Arlington Trust Co. P. O. Box 4398, Boston, MA c/o Shawmut Bank, North Andover (6) Paul R. & June G. Thornton 20 School Street, North Andover (7) Arthur W. & Mary C. Mawscn 29 Second Street, North Andover (8) Sheila M. & Vincent J. Landers 40 Court Street, North Andover` (9) San Lau Realty Trust 231 Sutton Street, North Andover c/o Minco (10) Richard & Sherrill Lentini 56 Neck Road, Ward Hill, MA (11) Malcolm J. & Diane M. Norwo6d 126-128 Main Street, North Andover (12) Town of North Andover Tower Hall, Main St. North Andover { h {} RECEIVED DAM1EL LONG Any appeal shall be filed °F "ORT"A� TOWN} pL[OV A wit,'-in (20� clays C the 0p !1 date of fi rig of t ,e Notice ;, , , ; * in the Office of the Town ``�;,,o:« �' Clerk. �SSAC"U met TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 129 Maim Street Realty Trust * Petition: 450-89 1 Applebill Road Natick, MA 01760 * DECISION The Board of Appeals held a public hearing on Tuesday evening, April 11, 1989 upon the application of 129 Main Street Realty Trust, Elliot Goldstein & Jane C. DiPerri, trustees requesting a Special Permit from the requirements of Section 9, Paragraph 9.1 and 9.2 of the Zoning Bylaw and as a Party Aggreived of the Building Inspector for building and occupancy permits, so as to renovate and occupy the basement area of the premises located at 129-131 Main Street. The following members were present and voting Alfred Frizelle, Acting Chairman, Augustine Nickerson, Clerk, William Sullivan, Anna O'Connor and Louis Rissin. The hearing was advertised in the Lawrence Eagle Tribune on March 25 and March 26, 1989 and all abutters were notified by regular mail Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, unanimously, that the Building Inspector's letter dated 4/10/89 SHOULD NOT BE APPLICABLE TO THIS BUILDING and that a building and occupancy permit should be issued to this petitioner. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and the granting of this Special Permit would not derogate from the intent and purpose of the Zoning Bylaw. Dated this 19th day of April, 1989. BOARD OF APPEALS Alffredz e Acting Chairman /awt �9�;! RECEIVED ► z; DANIEL LONG 3•t` '0 TOWN CLERK 4: 60 NORTH ANDOVER iaas• Any appeal shall be filed ••'cHu}• ki 19 1136 - within (2Q �@-j r the date of fiiin of t._. otice TOWN OF NORTH ANDOVER ''di :Gown MA9SACHUSEZT$ in the Office of, Clerk. $OARD OF APPEALS NOTICE OF DECISION 129 Main St. Realty Trust 1 Applehill Road Data •Apri1• •1-9; •3.9619 . . . . . . • • • • Natick, MA 01760 petition Na. . . .50-89„ , . , Date of Hag, ,April, 11, •1989. . Petition of . . .129. Min ,$t,, Realty,Trust„ ,Elliot ,Goldsteix},&,Jane .E, ,DiPerri, ,trgAtees Prenaiises affected . . .7,29-131. Dain..Stree.t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a. in Ute requirements of 1W.Section.9,. . . . . Paragraph 9.1 and 9.2 of the Zoning ByLaw so as to permit . . ..renovation .and,occupancy. of. .the.basement.area .and.appeal . .as. a;. Party .Aggreived of the Building inspector for building and occupancy permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date,the Board of Appeals votedla . . . . . . . . 1AW THAT THE BUILDING INSPECTOR'S LETTER DATED 4/10/89 SHOULD NOT BE APPLICABLE TO THIS BUILDING • . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a p"I"Atto 129 Main Street Realty Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . �fred_ _ rizelle,,Ac. , ng.Chairman, . , , . , , W Ilia . Sulligan. . . . . . . . . . . . :. . . . . . . . . . . AuSu$tine. Ilio erson . . . . . . . . . . . . . . . . . . . Anna .O'Connor . . . I . ... . . . . . . . . . . . . . . . . . . Louis Risain . . . . . . . . . . .. . . . . . . . . . . . . . . Board of Appeals