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TOWN
TOWN OF NORTH ANDOVER vl
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Petition No.
Date of HearingI.
Petition of i-03-amd 270 Apftjft S.tftet- north ADIMrffi MMN
Premises affected 274 Andover StmeL
Referring to the above petition for a variation from the requirements of the f*4
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After a public hearing given on the above date,the Board of Appeals voted to-4043M--the
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for the construction of the above work, based upon the following conditions:
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TOWN OF NORTH ANDOVER
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�y �l MASSACHUSETTS
o Nov o BOARD OF APPEALS
1p#N '�'
op NRtH s wti November 8, 1968
�a boo ao �� Maurice, Betty & Edward Melamed
and First Hartford Realty Corp.
John J. Lyons, Town Clerk
Town Office Building
North Andover, Mass.
Dear Sir:
Upon application_ of Maurice, Betty & Edward Melamed and First Hartford. Realty
Corporation to the North Andover Board of Appeals for a Special Permit under
Section 4.7 through 4.74 of the Zoning By—Laws so as to permit the erection of
16 apartment buildings as shown on plans submitted, to contain a total of 160
apartments, a public hearing was held on September 16, 1968. The hearing was
held in the North Andover High School after having been advertised in the Lawrence
Eagle-Tribune on the dated August 31 and September 7,1968 and with all abutters
duly notified by certified mail. The members of the Board present and voting
were: James A. Deyo, Chairman; Arthur Drummond, Secretary; Donald J. Scott,
J. Philip Arsenault and Associate Member William Deyermond sitting in place of
Daniel, T. O'Leary, who disqualified himself since he is an abutter.
This hearing was actually the second public hearing on the same petition with the
first heard on May 13, 1968 but due to technicalities was withdrawn without pre—
judice on July 15, 1968.
Atty. Charles W. Trombly represented the petitioner and pleaded his case by citing
the ever increasing need for apartments in North Andover, that all services were
available and would be extended at no cost to the Town, that the complex would be
an asset to the Town in providing needed tax revenue, that the proposed developer
was responsible and able to construct an appealing, desireable complex.
There were a large number of persons in attendance. Some twenty people spoke in
opposition but primarily in opposition to apartments in general. There were a few
immediate abutters recorded as being in opposition as well as a few speaking in
favor of the petition. Reasons given in the opposition varied widely from school
crowding, to traffic safety, to depleting the Town's natural resources as water,
disposal sites, etc. Exact quotes will not be given in this writing.
X
44e kd -2- November 8, 1968
On unanimously approved motion, the petition was taken under advisement. Daring
this period considerable time was spent in reviewing the layout of the complex and
on its merits and disadvantages. As a result of a vote of the Board, the petition
was denied. Members J. Philip Arsenault and Arthur Drummond voting in favor and
Members James A. Deyo, Donald J. Scott and Assoc. Mem. William Deyermond voting
against the petition.
The principal reasons for denial are as follows:
1. The apartment complex would be detrimental to the area in which it was proposed.
2. The numbers of vehicles entering and leaving the proposed apartment complex
would create serious and hazardous traffic conditions on existing roadways.
Very truly yours,
BOARD OF APPEALS
James A. Deyo, Chairman
JAD:ad
November 8, 1968
Certified to be a true copy: ATTEST:
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TO C
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No. Andover, Mass.
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RECEIVEDs''•1 November 29, 1968
NOV ; A true copy: ATTEST:
JOHN J. LYONS ro TOWN OF NORTH ANDOVER
TOWN CLERK ti MASSACHUSETTS JOHN J. LYONS
�o NORTH ANOOvER wti Town Clerk
�0 �o Ep 20 �� BOARD OF APPEALS
November 29, 1968
John J. Lyons, Town Clerk Maurice Melamed et alis
Town Office Building First Hartford Realty Corp.
North Andover, Mass. Andover Street
North Andover, Mass.
Dear Sir:
At the November 18, 1968 meeting of the North Andover Board of Appeals, we accepted
for action a "Request for Reconsideration" from Attorney Charles W. Trombly from
our decision filed November S. 1968 on the petition of Maurice, Betty and Edward
Melamed and First Hartford Realty Corp. On a motion by Member Drummond, seconded
by Member Arsenault that the petition be reconsidered, a unanimous favorable vote
was recorded. In accordance with our rules (see Section 3, Article 4) there were
then two courses of action open to us. One - a motion to amend our decision
could be made or; Two - a motion to re-open the hearing could be made. The
petition, in essence, stood as it was prior to our previous vote and decision.
Sitting on the Board were the members who were on the petition as heard in Septem-
ber 16 1968. For the record, these members were: Jpmes A. Deyo, Chairman; Arthur
Drummond, Secretary; Donald J. Scott, J. Philip Arsenault and Associate Member William
Deyermond.
The first motion made was to reopen the hearing, made by Member Arsenault, seconded
by Member Deyermond. It failed by a 3 - 2 vote against re-opening the hearing. Members
OtLeary, Scott and Deyo voting against the motion. Principal reasons for negative vote
were:
1. No new evidence to be submitted, at least none was proposed, and
2. It was felt that areworking of the same testimony by the petitioner and
whatever opposition there might be would serve no useful purpose.
With one course of action closed, a motion was then made by Member Drummond, seconded
by Member Deyermond to grant the petition. This motion required four affirmative
votes to pass and failed to meet that requirement. Member Scott and Chairman Deyo
voted against the motion.
Reasons for the denial remain the same as in our original decision dated November 80
1968:
1. The apartment complex would be detrimental to the area in which it was proposed.
2. The numbers of vehicles entering and leaving the proposed apartment complex
would create serious and hazardous traffic conditions on existing roadways.
Ve truly yours,
0 OF APF�EALS .
JAD:ad
a s� eyo, hafrman
_ Y
JOHN J. LYONS
`DOWN CLERK
NO. ANDOVER, MASS.
WE4R:AS the Inhabitants of the Town of North Andover, a mu- HOOK
nicipal corporation, existing under the laws of Kassaohusetts,
850 '
PACE
pt a special meeting duly called and held in the Town of North
,Andover, on February 4, 1957, it was voted "That the Town raise
324
and appropriate for the purpose of aoquiring by purchase, taking
by eminent domain or otherwise from the owner or owners the
!tracts of land as described in Article 1 and for the purpose in-
dicated in said Article, that the Board of Selectmen be and hereby
Is autriorized to act for the Town in connection with this Article
or take any other action in relation thereto, and that the sum of
x,500 .00 be raised and appropriated for the purpose of subdivision
A2 Of this article , said land referred to in subdivision A2 being
bounded and described as follows: A certain parcel of land on the
southerly side of ixn; over Street in North Andover, Massachusetts,
containint; 12 ,387 square feet , bounded and described as follows:
Beginning; at a point in the southerly line of Andover Street at
lard of Charles and Gertrude Melamed, said point being 11.63 feet
northerly from a Massachusetts HiLhway Sound marking an angle in
said street line; thenceS37°-46'-10"S about S74.4 feet, by land
of said ChGrles and Gertrude Melamed, to land taken by the Town
of Norti: Andover from Charles and Gertrude Melamed for a proposed
school site; thence S250-51' -20OW, 23.84 feet by said school site
to a point; thence N37°-46' -10"E, 585.4 feet by remaining; land
of Charles and Gertrude Melamed to a point in the southerly line
of Andover Street; thence northeasterly by southerly line of Ando-
ver Street, 9.75 feet to a Massachusetts Highway Bound marking an-
an6le in said street line; thence northeasterly by said southerly
line of Andover Street, 11.63 feet to the point of beginning."
'Phe ayes and nayes beim, counted, one hundred eibhty-six ( 186
In the affirmative and none in the negative, the said vote was
passed.
Now therefor.-, we, William A. Finneran, Arthur P. Kirk, and
daymond 3roadhead, being the duly elected and qualified Board of
6electmen of said Town of North Andover, do hereby take, on behal
of said Town of North Andover, for the purpose of access to the
public school to be built on land formerly belon6in6 to Charles
and Gertrude Melamed, by eminent domain under Chapter 79, of the
General Laws of Massachusetts, Tercentenary Edition, and acts in
amendment thereof , the said land as hereinbefore described belong
ing to Charles G. Melamed, situated on the southerly side of An-
dover Street, containing approximately 12 ,387 square feet.
_
JOHN J. L ONS
TOWN CLERK
NO. ANDOVER, MASS,
'Whereas the said premises are tsken for the purpose of acee6i BOOK
to the public school to be built on land formerly belonging to 8 5 o ,
Charles and Gertrude Melamed, we, the said Seleotmen, on behalf PAGE
Of the Town of North Andover, do, on this eighteenth day of Febru 3 2 4.
0-ry, 1957 , hereby take, under the provisions of Chapter 79 of sai
General Laws and acts in amendment thereof, all of the land withiz
the limits hereinbefore described, including all walls, fences,
and trees located thereon, all of said land being taken in fee
Simple , the supposed owners thereof being set forth in the follow
1% schedule of award hereinafter contained. For damages sus-
tained by persons in their property by reason of the aforesaid
taking, the followine awards are made: Supposed Owner, Charles G.
Melamed, Area 12,387 square feet, Award 41.00. All names of own-
ors hereln given although supposed to be correct, are such only° a
matt-r- of opinion and belief.
I7 41TNES6 d:irREOF we, the said William A. Finneran, Arthur
P. kirk, and Raymond Broadhead, Selectmen, hereunto set our hands
this eighteenth day of February, 1957.
Pill.rf
COMMONWEALTH OF MASSAChUSE"ITS
Essex , ss. North Andover
February 18, 1957
I hereby certify that at the date of this attestation hereto
annexed, William A. Finneran, Arthur P. Kirk and Raymond Broad-
head were duly qualified as Selectmen of the Town of North Andover,
and that to their acts and attestations as such, full faith and
, credit are and ought to be given in and out of Court, and further,
that their signatures to the annexed instrument are genuine. In
, testimony of which I have hereunto fixed the Seal of the Town of
, North Anaover the date above written.
1 '• '' John J , Town Clerk
r x /
A
y,i
Essex,ss. Recorded Feb. 26, 1957 at 11m past 10A.M. X414
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odfo be.*- dpi: If sF
n
64HEREAS the Inhabitants of the Town of North Andover, a mu- $oox
nicipal corporation, existing under the laws of Massachusetts, a S 0i
at a special meeting duly called and held in the Town of North PAGE
Andover, on February 4, 1957, it was voted "That the Town raise 3 2 2
and appropriate for the purpose of acquiring by purehase, ,taking
by eminent domain or otherwise from the owner or owners the
tracts of land as described in Article 1 and for the purpose In-
dicated in said Article, that the Board of Selectmen be and hereby
Is auti,orized to act for the Town in connection with this Article
or take any other action in relation thereto, and that the sum of
4150.00 be raised and appropriated for the purpose of subdivision
B2 of this Article , said land referred to in subdivision B2 being
bounded and described as follows: A certain lot of land in North
Andover, Massachusetts, contalnint�, about 2 , 147 square feet, lo-
cated on the northerly side and westerly end of Hewett Avenue,
bounded '.nd described as follows: debinning at a point in the
northerly line of Hewett Avenue, said point being 40 feet north-
easterly from the existing end of said Hewett Avenue; thence
S470-08 ' ;49 40 feet, by the northerly line of Hewett avenue to its
westerly extremity; thence S420-52' E, 16 feet, by the westerly end
of Hewett Avenue , to a point; thence s550-43145"w, 36.77 feet, by
land of John and Keidi Indelas, to a drill hole in the easterly
line of , land taken by the Town for a proposed school site, said
point oein6 the northwesterly corner of land of said Indelas;
thence N290-46' N, 46. 17 feet, by land taken from Melamed, to a
point; thence by remaining land of Collzzl N650-086S, 69.31 feet
to land ' of Chamberlain; thence S420-521r, 13.07 feet, by land of
said Chc►sberlain, to the point of beginning."
The ayes and nayes beim; counted, one hundred eighty-six ( 186
In the affirmative and none in the negative, the said vote was
passed:
Now therefore, we, William A. Finneran, Arthur P. Kirk, and
i
da mond Broadhead, being the duly elected and
qualified Hoard of
Selectmen of said Town of North Andover, do hereby take, on be-
half of said Town of North Andover, for the purpose of access to
the public school to be built on land formerly belonging to Charles
and Gertrude Melamed, by eminent domain under Chapter 79, of the
Genera. Laws of Massachusetts, Tercentenary Edition, and acts in
amendment thereof, the said land as hereinbefore described belon6
Ing tolAntonlo Colizzi , situated on the northerly side and west-
erly el d of Hewett avenue, containing approximately 2 ,147 square
feet.
• l�ece, reJ 8e LYONS
�M
;._
NO. ,'0- DLOlF;R. J 4T G,;.
Whereas the said premises are taken for the purpose of a00e88001(
to the public school to be built on land formerly belonging to BSO '
PAGE
Charles and Gertrude Melamed, we , the said Selectmen, on behalf
of the Town of North Andover, do, on this el6hteenth day of Febru- 3 2 2
ary, 1957 , hereby take, under the provisions of Chs.pter 79 of said
General Laws and acts in amendment thereof, all of the land within
the limits hereinbefore described, including all walls, fences,
and trews located tt,ereon, all of said land being taken in fee
simple , the supposed owners thereof beinb set forth In the follow-
ing schedule of aware herein,-fter contained. For damages sus-
tained by persons in their property by reason of the aforesaid
tlkln , the following awards are made: Supposed Owner, Antonio
Colizzi , Area 2 , 147 square feet, Award ;p1.00. All names of own-
ers herein given although supposed to be correct, are such only as
a matter of opinion 'and belief.
ITS 4ITNESS Wt "•AF)0F we , the said 'William A. Finneran, Arthur
P. Kiri:, and Raymond 3roadhaau, Selectmen, hereunto set our hands
thin, eibiiteenth day of February, 1957 . I
COMMONWEALTH OF KA66AChU3ETTS
�ssey, ss. morth -Andover,
February 18, 1957
I hereby certify that at the date of this attestation hereto
annexed, William A. Finneran, Arthur P. Kirk and Raymond aroad-
head were duly qu�.lifled as Selectmen of the Town of North Andovers
antttat to their acts and attestations as such, full faith and
credit are and ought to be given in and out of Court, and further,
that their signatures to the annexed instrument are genuine. In
testimony of which I have hereunto fixed the Seal of the Town of
.4ort-r, Andover the date above written.
ohn. own Clerk
T
t Jim past lOA.M. X413
Essex,se. Recorded Feb. 26, 1957 a
Oversized Maps on file with the Town