HomeMy WebLinkAboutNORTH ANDOVER HOUSING AUTHORITY Y r
RECEIVED FORM A
DANIEL LONG -
TOWNCLERK
NORTH ANDOVER APPI_ICAEION FOR ENDORSEI41- NT OF PLAN
JAS 2z PK '8Z. -BEL- IEVE-D NOT TO REQUIRE APPPOVAL _
f 8 f _ -
January 19 82
To the Planning Board of the Town of North Andover :
The undersigned wishes to record the accompanying plan and requests a
determination 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 following reasons :
1 . The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , May Street or a private way , namely ,
being land bounded as follows :
Northerly one hundred ninety eight and twenty one hundredths (198.21)
feet_by land of the Boston and Maine Railroad location as __ _,_
shown on said plan;
Easterly-_ eighty-eight_and fort seven hundredths (88.47) feet by lot _
number fifty four (54) on said plan;
Southerly two hundred 200 feet b May Street; and
Westerly fifty five and seventy five hundredths 55 .75 feet by land
now or formerly of J. M. Stone containing fourteen thousand
four hundred six 14,406 square feet according to said plan.
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
That the land abuts on a_ublic- waw May Street .
3. Title reference North Essex Deeds , Book 1172 Page 589 or
Certificate of Title No . Registration Book ;
Pa
Ap lica ' s ign e : Owner ' s signature and address if not
TH _ V HO G AUTHO IT the applicant :
Exe utive Di ctor ----
Applicant ' s Address :
i
Notice to APPLICANT/TOWN CLERK 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 Law, and the appropriate endorsement has
been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a
subdivision, as defined by G.L. c. 41 , s. 81-L, and must therefore. be
re-submitted to it for approval under the Subdivision Control Law.
Very truly yours,
NORTH ANDOVER PLANNING BOARD
By:
Date:
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', cit: TOWN OF NORTH ANDOVER
MASSACHUSETTS
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s o a BOARD OF APPEALS
°S0 o so Z0
NOTICE OF DECISION
Date . . . . . . . . . . Acr. -. il
. . .24!. . . . .1981. . . .
Petition No.. . . . :8. 7 .'.81 . . . . . . . . . .
Date of Hearing. An ri 1 .15? . 1981
Petition of n'ORTH ANDOVER ,ROUSING AUTIIQRZTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . .ti'dAYERU.RQ:?D.,. S'I'R . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a Imba. . COMPREJ=VSIVE
P RbiIT PURSUITT TO 11%1ASSACHUSETTS.GNERAL.LAWS. ,_ .CIt1PT i. .4QB} . SPC,T,ION.21r23 . . .
. . . . . . . . . . . .
so as to permit . THE.SECTION OF 60 UNTT$. OF, .ELD�It�Y��IC�1PP.�.HOUSITdG . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . . . GP-ANT . . the
C014PRE 1a ,SIVE PL'RT4IIT
TrE NORTH UTDOVE_R_11OUSING AUTFIORITY_AND OR,ITS. XQT+IPI . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
SEE ATTAC= DECISION FOR CONDITIONS.
Signed
Frank Serio, Jr. , Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . .
Alfred E. Fricelle, Esq. , Slice—Chairman
. . . . . . . . . . . . I . . . . . . . . . .
Richard J. Trep�mier, Esq. , Clerk
. . . . .
William J. Sullivan
Au�,vstine W. Nickerson
Board of Appeals
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10 �Z EZ ZZ�Z BOARD OF APPEALS
April 24, 1981
North Andover Housing Authority
Petition No.
Daniel Long, Town Clerk
Town Office Building
North Andover, ?Nass. 01845
Dear Sir:
A public hearing was held by the Board of Appeals on Wednesday evening,
April 15, 1981 at 7:30 p.m. in the Selectmen's Fleeting Room, located in
the Town Office Building, to all parties interested in the appeal of the
North Andover Housing Authority for a Comprehensive Permit pursuant to
Chapter 40B, Section 21-23 of the Massachusetts General Laws, so as to
permit the erection of 60 units of elderly and handicapped housing on a
site of approximately 3.05 acres located on the westerly side of Waverly
Road at the corner of Greene Street. The following members were present
and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice-
Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; and
Augustine W. Nickerson. Associate Members Walter F. Soule; Maurice S.
Foulds; and Raymond A. Vivenzio, Esq. , were also present at the public
hearin r.
The hearing was advertised in the North Andover Citizen on March 26 and
April 2, 1981 , and all abutters were notified by regular mail.
11r. Louis P. Minicucci, Executive Director of the North Andover Housing
Authority, spoke for the Authority. Also present at the hearing were
Housing Authority Members James 1,1c0abe and Joseph Morkeski, as well as
the Housing Authority's lawyer, Attorney Donald Smith. Mr. Minicucci 's
presentation contained the same information in their letter of application
to the Board, which is on file with the Board of Appeals records and with
the Town Clerk. He also presented a set of sketches of the proposal.
Prior to the public hearing, the Board of Appeals distributed plans of the
proposal :and solicited recommendations and comments from the following
departments, officials, and boards: Police Chief, Fire Chief, Board of
North Andover Housing Authority Decision
Petition No. 3 - 191
Page 2
April 24, 1981
Health, Highwa;,r Surveyor, Board of Public Works, Conservation Commission,
Planning Board, Building Inspector, Tree Warden, and the Board of Selectmen.
Replies were received from the following: Fire Chief, Board of Public
Works, Planning Board, and the Board of Selectmen, all of which are a
matter of record any may be referred to in the Board of Appeals files.
Also on file with the Board of Appeals records is a letter from Elizabeth
Killen, 270 Greene Street, North Andover, 11ass. , which states that she is
in favor of the development. No one spoke in favor or opposition at the
public hearing.
Member Frizelle made a motion to continue the public hearing until Wednesday,
April 22, 1981 in order to give the Board the opportunity to review and evaluate
the material submitted; 1,1r. Trepanier seconded the motion and the vote was
unanimous to continue the public hearing.
The Board continued the hearing on April 22, 1981 at 7:30 p.m. in the Select-
men's Yeeting Room. The same five voting members of the Board were present,
as well as Associate Members Maurice S. Foulds and Raymond A. Vivenzio, Esq.
Also present were Mr. Minicucci and Mr. Patrick Saitta, Vice-President of
Charles Construction Co. , Inc. Mr. Minicucci presented to the Board copies
of Memorandums of Understanding_ which were sent to the Highway Surveyor and
the Fire Chief. Also presented was a letter from the Fire Chief. All corres-
pondence is on file with the .Board of Appeals records.
Member Frizelle made a motion to grant the Comprehensive Permit subject to the
following conditions; Member Trepanier seconded the motion; and the vote was
unanimous in favor of the motion.
The decision of the Board is as follows:
I. PRELII,4INARY STAT- UNT
The North Andover Housing Authority, the "Applicant", has submitted to the Board
of Appeals, the "Board", an application received by the Board on March 18, 1981
under the provisions of Massachusetts General Laws, Chapter 408, Sections 20-23,
for a Comprehensive Permit for the construction of sixty (60) dwelling units upon
land now owned by Herbert F. Hayes, located on the Westerly side of Waverly Road
and the Southerly side of Greene Street, consisting of approximately 133,000
square feet.
The applicant, and/or Charles Construction Co. , Inc. , or their nominee, has
entered into a Purchase and Sale Agreement for the premises. Charles Construction
Co. , Inc. is the proposed contractor for the proposed turn key project. The
Board understands that the project will ultimately be under ownership by the
North Andover Housing Authority.
North Andover Housing Authority Decision
Petition Pio. 8 - 181
Page 3
April 2A, 1931
The dwelling units will be made available only to elderly and handicapped
persons of low and moderate incomes. Construction will be subsidized by
the U.S. Department of Housing and Urban Development.
II. CONSISTITCY WITH LOCAL AND REGIONAL NEED
Pursuant to the provisions of General Laws, Chapter 40B, Section 20, the
Board must determine whether the application is consistent with the local
and regional need for low and moderate income housing.
The applicant has submitted evidence to the Board which shows that at present
the Town of North Andover presently does not meet the criteria set forth in
Section 20 of General Laws, Chapter 40B.
The Board, based upon the evidence submitted by the applicant, makes the
following findings;
A. The number of low and moderate income housing units occupied or available
for occupancy in North Andover is not in excess of ten percent of the total
number of housing units reported in the 1970 decennial census or in the
1930 decennial census. Low and moderate income housing units would have to
exceed 494 of 4943 housing units (1970 census) or 704 of 7040 units (1980
census) before exceedinE the maximum criterion of local need.
B. The land area occupied by low and moderate income housing units in the
Town of North Andover at the present time (prior to this development) does
not comprise one and one-half percent or more of the total land area zoned
for residential, commercial, or industrial use, excluding publicly; owned
land.
The total land area zoned for such use in North Andover is 17,043 acres.
Approximately 4,043 acres of land are publicly owned, as defined in Section
2.0, so that 13,000 acres remain against which the one and one-half percent
standard may be applied. To satisfy this criterion of local need, the land
area occupied by low and moderate income housing units should comprise in
excess of 200 acres. Presently, low and moderate income housing units in
North Andover occupy some 43.60 acres, leaving; about 146.40 acres of land
which might be developed for low and moderate income housing before the
criterion would be exceeded, prior to this development.
C. Approval of this application will not result in the commencement, in any
one calendar year, of construction of low and moderate income housing units
on sites comprising more than three tenths of one percent of land in North
Andover zoned for residential, commercial, or industrial use, excluding
publicly owned land, or comprising more than ten acres, whichever is greater.
North Andover Housing Authority Decision
Petition No. 8 '81
Page 4
April 24, 1981
III. DEVIATION FROM NORTH ANDOVER BY-LAWS AND REGULATIONS
The property is located in an R-4 zoning district. The North Andover Zoning
By-Law, Section 4.122 does not provide for multi-family dwellings. Pursuant
to the provisions on General Laws, Chapter 40B, the Board .grants a deviation
from the R-4 use requirements of the Bir-Law. Further, the Board grants the
applicant permission to deviate from the dimensional requirements of an R-4
district and any other district as set forth in Section 7 or Table 2 of the
Zoning By-Law and also from the provisions of Section 8 of the Zoning BY-Law
applicable to off-street parking requirements subject to the condition that
the proposed construction be in conformance with the plans attached to the
application, dated P,?arch 18, 1981 , as amended, which are attached hereto and
made a part hereof. The Board reserves the power to authorize further deviations
from any North Andover By-Law or regulation if it deems such deviations to
be consistent with the purpose of the application.
The Board finds that the deviation from the North Andover B;;-Laws and regu-
lations is necessary in light of the fact that the property is located in an
R-4 district and the requirement to change said zoning district and to seek
and purchase similar property in a zoning district where such a use is allowed
would be inconsistent with the local and regional need for subsidized housing
for the elderly and handicapped persons of low and moderate incomes and would
tend to make the proposed construction uneconomical.
IV. T=C^LLAN_,:OUS PROVISION
- Drain , e Plans - the applicant will submit for review by the Board definitive
plans specifying adequate drainage for the site, said plans to include: that the
bituminous paved parkin; area, other than the 12' wide access way, would have
an underground drainage system, constructed in accordance with standard North
Andover Highway Standards; that the existing open ended drainage line entering
the project site from Waverly Road be piped into the above mentioned drainage
system; and, all drainage shall be tied into the 30" storm drain on Greene Street.
- The applicant will amend the plan submitted with the March 18, 1981 applica-
tion to provide a 12' wide access way to allow access around the entire project.
The plan amendment is to be approved by the Board.
The applicant will construct or has constructed a 12' wide access way to
allow access around the entire project.
The applicant will submit a final set of working~ plans prior to commenement
of construction.
The applicant shall use the sewer pipinC required by the North Andover Board
of Public rdorks.
The applicant shall construct said project in accordance with all applicable
North Andover Housing Authority Decision
Petition No. 8 - 181
Page 5
April 2,4, 1981
State and North Andover Rules and Re[Tulations, unless otherwise specified
herein or unless otherwise provided by this Board.
Very truly yours;
BOARD OF APP" LS
Frank Serio, Jr. , Chairman
AE/jw
(Plan to Follow
%ORTH
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'1-111gsACHUS
T'� CI1 p TOWN OF NORTH ANDOVER
JUN 29 1979 MASSACHUSETTS
v BOARD OF APPEALS
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O
az �2 June 29, 1979
No. Andover Housing Auth.
16 Fountain Drive
Petition #20-79
Daniel Long, Town Clerk
Toti•m Office Building
North Andover, Ma.
?ear Mr. Long:
public hearing was held by the Board of Appeals on June 28, 1979 upon application
of the North Andover Housing Authority who requested a variation of Sec. 7.2 and
Table 2 and a Special Permit under section 4. 123 (9) of the Zoning By—Law so as to
permit the construction of 45 elderly housing units located at the northerly side
of Belmont St. across from Patriot St.
The hearing was advertised in the Lawrence Wigle—Tribune on June 13 & 20, 1979 and
all abutters were duly notified by regular mail.
The variance requested by the petitioner, North Andover Housing Authority, Politic,
Inc. , a public agency, is required since the front setback is 20 feet whereas the
'Zoning By—Law requires a 30 ft. setback. The petitioner, Louis Minicucci, represent—
ing the Housing Authority, stated that part of the problem results from the fact that
requirements of the Federal Housing and Urban Development make it difficult to comply
with the Zoning By—Law due to the unusual shape of the lot in question.
The Special Permit is required since the Zone, R-5, allows a public use by special
permit. The North Andover Housing Authority is such a public agency and the
intended purpose is to construct public housing for the elderly.
On motion made by Mr. DiFruscio, seconded by Mr. Noble it was unanimously voted to
GR=1NT the variance and special permit. The Board, in granting the variance, has
determined that each of the provisions of Sec. 10.4 have been met. The unusual
shape of the lot creates such a hardship. Further, the Board has found that the
provisions of Sec. 10.31 have been satisfied and that the use proposed is a public
use within the provisions of the By—Law. The variance as granted would not be a
NORTH ANDOVER HOUSING AUTHORITY DECISION —2—
detriment to the public good and will not nullify nor substantially derogate from
the intent and purpose of the By—Law.
Very truly yours,
'?QP.RDn OF APPMMS
Frank Serio, Jr.,
Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . June.29.,. .1.979. . . . . . . . . .
Petition No.. . . ?a-'.79. . . . . . . . . . . . .
Date of Hearing. . June ,28,. 19.79. . .
Petition of . . . . . NORTH, ANDOVM. HOUSING.AUTHORTTT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected Belmont .St,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and Special Permit
Referring to the above petition for a variatior;/from the requirements of the . . . . . . . . . . . . . . . . .
. . North Andover.Zoning .ByrLaw. . .Sec.. 7...2 .&.Table. .2 .(Variance); . Sec., .4.1?3. .(.9) .Special
Permit
so as to permit construction. of. 45 elderly .housing .units. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . I . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . FWNT . . . . the
Variance. &, Special. Permit. . and hereby authorize the Building Inspector to issue a
permit to . North kndover .Housing Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed
. Frank .Serio.,. Jr., . Chairman. . . . . . . .
. . . Alfred.E.. Frizelle,. Esq., .Vi.ce..-Chairman
R... .Louis. DiFruscio,. .Clerk. . . . . . . .
James D#, N01e, .Jr,. . . . . . . . . . . . . .
Richard. T.. .Trepanier . . . . . . . . .
Board of Appeals
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TOWN OF NORTH ANDOVER —`'-
MASSACHUSETTS JOHN J. LYON' s'
TOWN CLERK
NORTH ANDOVER`AFyL
BOARD OF APPEALS t,.Gr;, �01
=ot
October 13j. 7965
John J. Lyons, Town Clerk
Town Building
Narth Andover, Massachusetts
Dear Sir:
The following petition was heard at a meeting of the Board of Appeals on Friday
evening, October 1, 1965 at the Town Office Building. Members present and voting
were: Daniel T. O'Leary, Chairman; William Morton, Secretary; Arthur Drummond,
John J. Shields and James Deyo.
KORTH ANDOVER HOUSING AUTHORITY and JOHN J. & GLADYS L. HURLEY requested a variation
of Sec. 1 .73, and a Special Permit under Sec. 4.7 of the Zoning By—Lary so as to per—
mit the erection of 40 apartment units for housing for the elderly, as shown on site
plan, on the premises, located at the northeasterly side of Maple Avenue; at the
corner of First Street.
This public hearing was advertised in the Eagle Tribune on Sept. 17 & 24, 1965. All
abutters were duly notified by certified mail of this hearing.
Atty. Ralph E. Finck represented the North Andover Housing Authority, of which the
following members were also present; Stewart Wilson, Thomas Foulds, Malcolm Norwood
and. James McCabe. The architect, Mr. Morrison, was also present. There were eight.
other people present. The structures would be colonial type buildings. They stated
this particular lot was the site preferred by the State Authority. This site would
be convenient for the elderly because it is near the business district of the town,
stores, buses, churches, etc. Variances are necessary as to the set-back and side—
line requirements, lot size, square feet for each dwelling unit, will cover more than
30% of the lot area, etc. It would be a hardship to the elderly in town if this
petition were denied, according to Atty. Finck and Housing Authority members. The
abutters present just asked questions of the petitioners. There was no opposition to
the petition.
At a meeting held on October 13, 1965, in1!becutive session, after thorough discussion,
Mr. Morton made the following motion: That the Board GRANT a variance in conformity
with plans filed under Section 2.23 with the provision that Section 4.15 be strictly
adhered to and under advisement, find Section 4.7 not applicable. Mr. Deyo seconded
the motion and the vote was unanimous.
The Board gave the following reasons:
(Cont.)
AMLYM
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
-2- October 13, 1965
a. The provisions of the decision do not recognize any derogation from the intent
or purposes of the Zoning By-Laws.
b. It is in the best interest of the public and the Town.
c. Unless the variance is granted, the applicant will suffer substantial hardship ,
financial or otherafise. A large amount of money has been expended to date.
d. The requested variance will not adversely affect the public good to any substantial
extent and will not materially affect the general character of the neighborhood.
Very truly yours,
BOARD OF APPEALS
lie-
aniel T. O'Leary, Gha rman+
AD
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4 F• MRIL7M i59.
+;y1. 1855 ;tj
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . .October .13,.1965 . . . . . . . .
Petition No.. . . . . . . . . . . . . . . . . . . . . .
Date of Hearing. .QCW?Pr. la .1965.
Petition of . . North.Andover .Housi r Authority mad.John. J., &,Gladys I„ , urleg _ . . . , . .
Premises affected .the.northeasterly. q dp. of. g.aple.�ye.,. at .the. corr}er.of.F. q $treet.
Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . . . .
North .Andocer .Zoning $ Labs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit. .thP.erection,of.140, apartment, units_for housing.for :the.elderly, . . , .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to. . .GRAW , . . .the
. . . Variance. , and hereby authorize the Building Inspector to issue a
permitto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:;.
� ,
Signed 2 n /' ll J. `r
Daniel.T.. 0�7�esrg,.Chairman. . . . .
WilliMa.Morton, .Secretary. . . . . . .
Arthur.Drim mond. . . . . . . . . . . . . . . . . .
John.J,. Shields. . . . . . . . . . . . . . . . . .
Jamlw Dego. . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
V .
rasa •'. 1 . ,
Ary appeal S,�a!f be filed iciiu�` e
G u io ice TOWN OF NORTH ANDOVER.
in Office of the Town MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
North Andover Housing Authority
One Morkeski Meadows Data . Marais- 14•,• •1991• • • • • • • • • •
North Andover, MA 01845
Petition No.. .141-90 . . . . . . . . . . . . .
Date of Hearing. .March 1?,. 19,91
Petition of . . .North ,Andover ,Housing Authority .
Premises affected . 22724. Ashl,4nd. Street. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .
Referring to the above petition REQUESTING. A . . .
COMPREHENSIVE PERMIT UNDER MGL, CH. 40-B FOR MODIFICATION OF THE REQUIREMENTS OF
THE .FIRE. LANE.ON. THE .NORTHEASTERLY. .SIDE.OF. .THE .BUILD.ING: .AND. MODIFICATION.OF. THE . .
PLANS SHOWING THE FOOT PRINT OF THE BUILDING BEING SHIFTED 3.5 FEET FROM THE NORTH-
EASTERLY. PROPERTY. LINE.ON. THE .PREMISES .LOCATED .AT. 22-24 .ASHLAND .ST.
After a public hearing given on the above date, the Board of Appeals voted to . GRANT. . . : the
COMPREHENSIVE PERMIT AS REQESTjRd hereby authorize the Building Inspector to issue a
to . . . . North-Andover-Housing-Authority
perm:it . . . . . . . . . . . .
I
Signed
ra�iox .Jr,,. . .#man. . . . . . .
. . . . _ " Wal,ter. Soule, .Clerk . . . . . .
. . . Ra3mmid. V.I E:nzio. . . . . . . . . . . . . . . .
Louis.Ris.ain.. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
Board of Appeals
� x .
Any &pry^n1 shall be filed
r 4he � a
as :o±ice * !' "` : ��HR ( C2
in the Gl d. c • ' ':�•
..e of the Town
Clerk. CHU�S
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
North Andover Housing Authority * Petition: 46141-90
One Morkeski Meadows
North Andover, MA 01845 * DECISION
*********************************
The Board of Appeals held a public hearing on Tuesday evening, March 12, 1991
at 7:30 p.m. upon the application of the North Andover Housing Authority re-
questing a Comprehensive Permit, Chapter 40B for modification of the require-
ments of the fire lane on the northeasterly side of the building; and modif-
ication of the plans showing the foot print of the building being shifted
3.5 feet from the northeasterly property line on the premises located at 22-24
Ashland Street. The following members were present and voting: Frank Serio, Jr.,
Chairman, Walter Soule, Clerk, Raymond Vivenzio and Louis Rissin.
The hearing was advertised in the North Andover Citizen on February 27, 1991
and March 6, 1991 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted,
unanimously, to GRANT the Comprehensive Permit as requested.
The applicant must construct the project in accordance with all applicable
State and North Andover rules and regulations unless otherwise specified here-
in or unless otherwise provided by this Board.
Dated this 14th day of March, 1991. Sincerely,
BOARD OF APPEALS
uri
Frank Serio, Jr.
Chairman
/awt
DAvis.MA.Lm &D'AoosTirrE F:
ONE BOSTON PLACE
BOSTON.MASSACHUSETTS 02108
(617) 369-2500 ll
FEB 13 43 AIN 131
February 14, 1991
Zoning Board of Appeals
Town of North Andover
120 Main Street
North Andover, Massachusetts 01845
Attn: Frank Serio, Jr., Chairman
Re: 22-24 Ashland Street, North Andover, Massachusetts
(Petition No. 126-90)
Dear Mr. Serio:
On behalf of the North Andover Housing Authority, I am proposing several changes in
the comprehensive permit granted by the North Andover Board of Appeals dated November 26,
1990. These changes include: (i) modification of the requirement of the fire lane on the
northeasterly side of the building; and (ii) modification of the plans showing the foot print of the
building being shifted 3.5 feet from the northeasterly property line.
The elimination of the requirements of the paved fire lane behind the building to allow
the tenants of the units to use this space as backyard area, may be accomplished by modifying
the conditions to the permit as follows:
1. The privacy fence separating the backyard areas for units b and c on the
northeasterly side of the building must be constructed of materials that would
allow emergency vehicles to knockdown the fence during an emergency.
2. The thirteen and one-half(13.5) foot wide surface area between the building and
the property line on the northeasterly side of the property shall be a stabilized
surface constructed of crushed gravel subbase, eight inches deep, with two inches
of top soil and grass, to allow for access by emergency vehicles.
3. The street side of the building shall have a grass area between the street and the
building with a curb to allow access by emergency vehicles to the rear of the
building.
North Andover Zoning Board of Appeals
February 14, 1991
Page 2
4. The area behind the building on the northeasterly side shall be maintained so as
to allow use of the secondary access to each unit.
5. The new plans should indicate all of the above conditions.
This change does not impact access by emergency vehicles to the building. A brief
memorandum in support of this request is attached.
The enclosed plans reflect the changes to the proposed fire lane. The plans also reflect
a shift of the building's foot print three and one-half (3.5) feet from the northeasterly property
line towards the southwesterly property line. This is reflected by the shift in distance between
the building and the southwesterly property line from thirty (30) feet to twenty-six and one-half
(26.5) feet. The three and one-half(3.5) feet difference is not shown to the rear of the building
(northeasterly side) because of the extension of the stairway enclosure by two (2) feet. This
extension provides better headroom on the stairs into the basement. The shift does increase the
distance between the building and northeasterly property line by one and one-half(1.5) feet from
twelve (12) feet to the thirteen and one-half(13.5) feet. This minor change improves safety and
provides greater headroom on stairs and provides greater distance between the building and the
northeasterly property line, without comprising any other planning concerns.
For your convenience, I have enclosed one copy of the original application, abutters list
and your decision.
If you have any questions, please call me.
Sin 1y,
Charles G. Agule
CGA/ew
Enclosure
cc: Hope Minicucci
David Whalen
Sheldon Pennoyer
.4746.urn.
TO*
e NOR!"Any appcal st-. !I b
"-- ,w t h C
Within (20) c' 's f NOY t6
41 25 AM,
date Of is %votice
in the Office of. the _Town .E
U
Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
North Andover Housing Authority
One Morkeski Meadows Petition: #126-90
North Andover, MA 01845 DECISION
The Board of Appeals held a public hearing on October 9, -1990, continued to
November 13, 1990, then to a Special Meeting on Monday evening, November 19,
1990 upon the application of the North Andover Housing Authority requesting a
Comprehensive Permit, Chapter 40B, Section 21 of the Mass. General Laws for
the construction of subsidized multi-family dwelling units on the premises
located at 22-24 Ashland Street. The following members were present and voting:
Frank Serio, Jr. , Chairman, William Sullivan, Vice-chairman, Walter Soule,
Clerk and Louis Rissin.
The hearing was advertised in the North Andover Citizen on September 26,
1990 and October 3, 1990 and all abutters were notified by regular mail.
Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board
voted, unanimously, to GRANT the Comprehensive Permit subject to the follow-
ing conditions:
1. The twelve foot fire lane shall be unobstructed and have a 12'
wide privacy fence on the easterly side of the building that is
a "knockdown fence".
2. The surface of the access lane shall be McAdam or "Grass Crete"
with a proper underlayment of road base material.
3. The front of the building should have a grass area between
the street and the building, with a curb to allow access by
the Fire Department to the rear of the building.
4. The fire access lane shall be maintained year-round provid-
ing a year round usability even in winter snow and ice.
5. The new plans should indicate all of the above conditions.
The applicant must construct the project in accordance with all applicable State
and North Andover rules and regulations unless otherwise specified herein or
unless otherwise provided by this Board. Sincerely,
BOARD OF AfPEALS
Dated this 26th day of November, 1990
Fr k Serio,
Chairman
/awt
U AMILY"
fly '! fE
s • NORT
-r
V.'T"in
Nov 719 35 AM '90
I
C C T' OLk;I L TOWN OF NORM ANDOVER
in the Offize of We Town MASSACHUSETTS
Clerk.
BOARD OF APPEALS
NOTICE OF DECISION
North Andover Housing Authority Datq . .November 26, 1990
One Morkeski Meadows . . . . . . . . . . . . . . . . . . . . . . .
North Andover, MA 01845
petition No.. . .126-90. . . . . . . . . .
Date of Hearing, 19�90
Petition of . . . . . .North Andover. Housing. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . - . . . . .
Preiniges affected . . 2,2-.24 .Ash.l.a.nd .Stre,et. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a Mfflkkbft -Comptk-hensive,
Permit, Chapter 40B, Sec. 21 of Mass. General Laws for the construction of
subsidized ,multi-f-amily- dwel-ling-units - - , - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . .
. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... .
After a public hearing given on the above date, the Board of Appeals voted to . GRANT. . . . / the
Comprehensive Permit. . . . . . . . — . . . . . and hereby authorize the Building Inspector to issue a
perniitto NqTth Apdq7er Housing.Ai4phqrity,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
See attached list of conditions
Signe
IrLank%, erio Chairman . . . . . . . .
. . . . . .William Sullivan.,. Vice-2,chairman.
. . . . . .Walter. Soule, - Clark. . . . . . . . . . . . . .
. . . .Louis. Rissin. ... . . . . . . . . . . . . . . . . . .
. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
' x
North Andover Housing Authority
DECISION - Petition X6126-90
Granted with the following conditions:
1. The twelve(12) foot fire lane shall be unobstructed and have a 12'
wide privacy fence on the easterly side of the building, that is a
"knockdown fence".
2. The surface of the access lane shall be MacAdam or "Grass Crete"
with a proper underlayment of road base material.
3. The front of the building should have a grass area between the
street and the building, with a curb to allow access by the
Fire Department to the rear of the building.
4. The fire access lane shall be maintained year round providing a
year round usability even in winter snow and ice.
5. The new plans should indicate all of the above conditions.
,i be flied
�nY appeal spas after the
W �, o§ t1is Notice
date of §i ,n� the
down
in the Office of
O1erk.
ti
tt t
*�a�u.Lis DEC L£ 12 n ?s
1^ 5,,. •� thMOWN OF NORTH ANDOVER
�o MASSACHUSETTS
Oki
1 �
J +
BOARD OF APPEALS
North Andover Housing Authority
Petition #-µ -87
December 22 , 1986
Daniel Long , Town Clerk
Town of North Andover
120 Main Street
North Andover, MA 01845
Dear Mr. Long :
A Public Hearing was held by the Board of Appeals on Tuesday
evening , October 14, 1986 at 7 : 30 PM for all parties interested
in the appeal of the North Andover Housing Authority for a
Comprehensive Permit Pursuant to Chapter 40-B, Section 21-23 of
the Massachusetts General Laws , so as to permit the erection of
30 units of elderly housing , and 2 units of family housing on
premises located at 41 rear Second St. and l22-24 Ashland St. .
The following members were present and voting : Alfred E.
Frizelle , Esq. , Vice Chairman, Augustine Nickerson, Clerk,
William Sullivan, Walter Soule ,and Raymond Vivenzio, Associate
Member.
The hearing was advertised in the North Andover Citizen for two
consecutive weeks and all abutters were notified by regular mail .
Mr. Louis P. Minicucci , Executive Director of the North Andover
Housing Authority, spoke for the Authority. Mr. Minicucci ' s
presentation set forth the extent of the project on the two
locations and also he presented a set of sketches and plans of
the proposal .
The Board of Appeals prior to the Public Hearing distributed
information of the proposal and solicited recommendations and
comments from the following departments , officials , and boards :
Police Chief, Fire Chief, Board of Health, Highway Surveyor,
Board of Public Works , Conservation Commission, Planning Board,
Building Inspector, Tree Warden, and the Board of Selectmen.
Replies were received from several departments, all of which are
a matter of record and may be referred to in the Board of
Appeals file.
The Board upon a motion duly made and seconded continued the
hearing to November 18, 1986, in order to give the Board the
opportunity to review and evaluate the materials that had been
submitted. At the continued hearing , on November 18, the same
voting members of the Board were present , and Mr. Minicucci
answered questions from the Board.
There were no parties speaking in opposition to the petition.
Upon a motion duly by Mr. Sullivan seconded by Mr. Soule the
VOTE was Four in Favor of the Comprehensive Permit with Mr.
Vevenzio absent, subject to the following conditions :
The property on Ashland St. shall have 2 parking spaces for each
unit , and further, that revised plans be submitted to the Board
showing said parking area.
The Board finds as follows :
1 . That the number of low and moderate income housing units
occupied or available for occupancy in North Andover is not in
excess of 10% of the total number of housing units reported in
the 1980 decennial census. Low and moderate income housing
units would have to exceed 704 of 7, 040 units , 1980 census,
before exceed the maximum criteria of local need.
2. That the land area occupied by low and moderate income
housing units in the town of North Andover at present time prior
to this development does not comprise 1 1/2 percent or more of
the total land areas zoned for residential, commercial and
industrial excluding publicly owned land.
3. The total land area is zoned for such use in North Andover
is 17, 043 acres. Approximately 4, 043 acres are publicly owned
as defined in Section 20 so that 13, 000 acres remain against
which the 1 1/2% standard may apply. To satisfy this criteria
of local need, the land area occupied by low and moderate income
housing units should comprise in excess of 200 acres .
Presently , low and moderate income housing units in the Town of
North Andover occupy approximately 6. 9 acres, leaving
approximately 153. 1 acres which might be developed for low and
moderate income housing before the criteria would be exceeded
prior to this development.
4. Approval of this application will not result in the
commencement in any one calendar year of construction of low and
moderate income housing units on sites comprising more than
3/10ths of 1% of land in North Andover zoned for residential ,
commercial and industrial use excluding publicly owned land or
comprising more than 10 acres, whichever is greater.
The property in question is located in R 4 Zone on Ashland St.
and a general business district of Second St. . The Board finds
that the deviation from the North Andover Zoning By-Laws and
Regulations is necessary in light of the fact the property is
located in the aforementioned zones . Further the application of
the Zoning By-Laws would be inconsistent with the local and
regional need for subsidized housing for the elderly and
handicapped person and of low and moderate income persons and
would tend to make the proposed construction uneconomical .
Miscellaneous provisions
- The applicant will amend the plans to show the new parking
area and such amendment is to be approved by the Board.
- The applicant will submit a final set of working plans prior
to commencement of construction.
- The applicants will construct the project in accordance with
all applicable State and North Andover rules and regulations
unless otherwise specified herein or unless otherwise provided
by this Board.
Sincerely ,
THE D�F AP I,S
Alf d E. Fri�elle
Vi a Chairman
AEF/jib
A IN
N
Am%
NOIR R
S!!.a!i be filed DEC 22 12 38
P,ny a )- zr tMOWN OF NORTH ANDOVER
'tile
MAWACHUSETTS
of. ttheNown
0
BOARD QF APPEALS C
; ;X.
NOTICE OF DECISION
December 22 ., 1986
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petition No.. . ..87-24. . . . . . . . . . . . . . . . . . .
Oct . 14 , -Nov. 18 , 1986
Date Of Hearing. . . . . . . . . . . . . . . . . . .
Petition of . . . North. Andow.r .H.QVP.in9. .AMthPri:tY. . . . . . . . . . . . . . . . . . . . . . . . . . . .
promises affected . . . . 4.1 . rear. .$p.qpAd. St;. 44022724. .Ashlan.d. St.. . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
A Comprehensive Permit - Chap. 40B, Sec. 21-23 of Mass General LaWs,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . . erection. of. 3.0 . units .Qf. elderly . Z .up.its. .of
family- housing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... .
. GRNN. L. . . : 9
After a public hearing given on the above date,the Board of Appeals VOW to th
Comprehensive Permit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , and hereby authorize the Building Inspector to issue a
permit to I . . . . . . . the .N.o.rth .Andover. .Housing. . .Authority. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Please see attached.
re F
Signed Al rizelle? Esq. , Vice-
2 Chairman
ucrus
.r�,. &
ugustine4zicker on, Clerk
. . . . . .William* 8u,11ivin. . . . . . . . . . . . .
Walter Soule
Raymond
nd' V1v,e,n' zi*o
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
up i a motion duly by Mr. Sullivan seconded by Mr. Soule the
VO k Was Four in Favor of the Comprehensive Permit with Mr.
YO
absent, subject to the following conditions : r
The property on Ashland St. shall have 2 parking spaces for each
unit, .and further, that revised plans besubmitted to the ' Board
showing said. parking area.
The Board finds as follows :
1 . That the number of low and moderate income housing units
occupied or .available for occupancy in North Andover is not in
excess of 10% of the total number of housing units reported in
the 1980 decennial census. Low and moderate income housing
units would have to exceed 704 of 7, 040 units , 1980 census,
before exceed the maximum criteria of local need.
2 . That the land area occupied by low and moderate income
housing units in the town of North Andover at present time prior
to this development does not comprise 1 1/2 percent or more of
the total land areas zoned .far residential , commercial and
industrial excluding publicly owned land.
3. The total land area is zoned for such use in North Andover
is 17, 043 acres. . Approximately 49043 acres are publicly owned
as defined in Section 20 so that 13, 000 acres remain against
which the l 1/2% standard may apply. To satisfy this criteria
of local need, the land area occupied by low and moderate income
housing units should comprise in excess of Zoo acres.
Presently , low and moderate income housing units in the Town of
North Andover occupy approximately 6. 9 acres, leaving
approximately 153. 1 acres which might be ' developed for low and
moderate income housing before -the criteria would be exceeded
prior to this development.
4. Approval of this . application will not result in the
commencement in any one calendar year of construction of low and
moderate income housing units on sites comprising more than
3/10ths of 1% of land in North Andover zoned for residential; '
j commercial and industrial use excluding publicly owned land or
comprising more than 10 acres, whichever is greater.
The property in, question is located in R, 4 Zone, on Ashland St.
and a general business district of Second St. . The Board finds
that the deviation from the North Andover Zoning By-Laws ;and
Regulations .is necessary in light of the fact the- property is
located in the aforementioned zones. Further the - application 'of
the Zoning By-Laws would be inconsistent'tent with the local and ,
regional need for subsidized housing for the elderly and
handicapped person and of low and moderate income persons and
would tend to make the proposed construction uneconomical .
Miscellaneous provisions
The applicant will amend the plans to show the new parking
area, and such amendment is to be approved by the Board. t
The 4pplicant will submit a final set of working plans prior
to commencement of construction.
- The applicants will construct the project in accordance with
all applicableStateand North Andover rules and regulations
unless,' otherwise specified herein or unless otherwise provided
by this Board.
e • a
Received by Town Clerks PEIV
APPLICATION FOR COMPREHENSIVE PERMITTCW ! L <fhK
NORT,) ti' OYER
AuG 29 112s A% 186
TOM OF NORTH ANDOVER* HASSACH1388TTs
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REOUIRBMF.MS OF THE MING ORDINANCE
Applicant North Andvoer Housing Authority Address One Morkeski Meadows
•1. Application is hereby modes
4•.12B Second Street
a) For a variance from the requirements of Section Paragraph
and Table 2 Of the Zoning By Laws. .1 2 - Ashland Strbet
Comprehensive
b) For a Rpatarini Permit under Section Paragraph of the Zoning
By Laws. Chapter 40B Section 21-24 of Mass :General Laws as to the erection ,.„H•,E
of 30 units of elderly housing and two units of family housing.
C) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority. (See building inspector's letter)
2. a) Premises affected are land x and building(s) x numbered
41 rear Second Street and 22-24 Ashland Street.
b) Premises affected are property with frontage on the North ( )
South ( ) East ( ) West ( ) side of See plans
Street , and known as No. Street.
c) Premises affected are in Zoning District RR4 , and the premises
affected have an area of square feet and frontage of < .
feet . See plans
R-4 Ashland Street, GB, Second Street
3. Ownership i
r
a) Name and address of owner. (if joint ownership, give all names): ;
North Andover Housing Authority, One Morkeski Meadows, North Andover, MA 01845.`...: ;,
Second Street - 3/24/86 Kelly R. Realty Trust
Date of Purchase 10/29/85 Previous OwnerJohn F. & Linda Gromko %fy
b) If applicant is not owner, check his/her interest in the premisess �-”
Prospective Purchaser Loses Other (explain)
�� - size of proposed buildings front; feet deep;
r Height stories; 'f ei—t . see pians
a) Approximate date of erection: April, 1986
b) Occupancy or use of each floor: Residential housing
Ashland Street - Wood frame, wood ex er or
c) Type of constructions Wood frame, brick Exterior Y .a
S. Size of existing building: feet front; feet, deepi
Height stories$ meet. See plans
a) Approximate date of erection: April, 1986
b) Occupancy or use of each floors Residential
Ashland Street - Wood frame —wood exterior
e) Type of constructions Second Street- Wood frame- brick veneer
6. Has there been a previous appeal, under coningip on these premises?
No If so, when?
"at
rd•
vi..
• 7. Description of relief sought on this patitton
Relief from zoning uSe and dimension.
S. ' Deed recorded in the -Registry of DeeSs iSt�t�ok 2153. page 115 � •+' �'
':�w:r' ',•, Registered CetEificate # 983,5 Book 69 age �[���• Ashland St `
;, Thhe principal points upon which I base my application are as follows:
(must be stated in detail)
ee attached
i �
`I agree o pay the fi ng fee a erti ng in newspaper,
w.. idental 7
expense
•
Signaturle of Pet t oner s
Every application for action by the Board shall be made on a fora 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 were
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 prescribed.
Every application shall be submitted with a list of "Parties In interest". .r;.`;;
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 ( 3001 ) 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 torn, 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 Burge 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.I�
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 11"MREST
Name Address
See attached lists. F , clW3
i
f
(use additional sheets if necessary)
,S shy A
Y �.
t»fir r PLAN OP LAND TO ACCOMPANY PETITION
K:Eaeh. application and petition to the Board shall be accompanied by
five: ( 5) copies of, he following described plan:
' : 1 inch
,,The .size of the pl• shall be it x 17, drawn to scale,
F equals 40 feet; ithall have a north point, names of streets, _
" zoning districts, n es and addresses of owners of properties
; ,,,,within a minimum oi'. 200 feet of the subject property, property
+1 ;- linea and location3§f buildings on surrounding properties. The
location of buildings or use of the property where a variapce is
requested and distances from adjacent buildings and property lines
q : The
shall be verified fin the field and shown on the plan.
..' ,". shall
of the lot and the percentage of the lot cgvered 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 shal 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,
.T brook, or river, shall be shown on the engineering plan. when a
'°`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" .
f•'af:' The plan shall besigned and bear the seal of a registered
surveyor or engineer. Any plans presented with the petition shall
•rY _<
remain a part of the records of the Board of Appeals.
If living quarters:�are to be temodeled, 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:
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, l/4
inch equals one -foot.
3
'`.:. 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. 10 7. 2, 7.3, and 704 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 thpreon being conveyed, will be acceptable to the
' ► Board of Appeals provided:
k ,: < 1. The dwelling(s) , structure(s ) , or building(a) were constructed
prior to March 140 1977.
2, The petition is not to allow construction or alteration to
the dwelling (s) , structure(s) , or buildings) which will re- r
sult in the need for the issuance of a building permit.
a` 3. The size of the plan shall be no smaller than 9 1/2 x 11
sr° 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
per
signatures, as well as adequate space for the following
u lic hearin ,' and
o fitin data of b 9
information: date f g, P
. V date of approval .
.a
C. 40B ANNOTATED LAWS OF MASSACHUSETTS § 19 R 20 REGIONAL PLANNING - C. 40B
agencies of the commonwealth and of each political subdivision `J
the housing units reported in the latest decennial census of the city or
thereof within the district, of data, records, and information within town or on sites comprising one and one half per cent or more of the
their knowledge and control pertaining to the district, or to parts total land area zoned for residential, commercial or industrial use or
thereof which may be required for the preparation of programs (2) the application before the board would result in the commence-
designed to achieve the purposes of this chapter. (1968, 663.)
ment of construction of such housing on sites comprising more than
three tenths of one per cent of such land area or ten acres, whichever
LOW AND MODERATE INCOME HOUSING is larger, in any one calendar year; provided, however, that land area
owned by the United States, the commonwealth or any political
subdivision thereof, the metropolitan district commission or any
§ 20. Definitions and Construction of Terms. public authority shalt be excluded from the total land area referred to
above when making such determination of consistency with local
The following words, wherever used in this section and in sections needs.
twenty-one to twenty-three, inclusive, shall, unless a different mean- "Local Board", any town or city board of survey, board of health,
ing clearly appears from the context, have the following meanings.- board of subdivision control appeals, planning board, building inspec-
"Low or moderate income housing", any housing subsidized by.the for or the officer or board having supervision of the construction of
federal or state government under any program to assist the con- buildings or the power of enforcing municipal building laws, or city
struction of low or moderate income housing as defined in the council or board of selectmen. (1969, 774, § 1.)
applicable federal or state statute, whether built or operated by any
public agency or any nonprofit or limited dividend organization. Editorial Note—
Section 3 of the amending act provides as follows: 16
"Uneconomic", any condition brought about by any single factor SscrtoN 3. The provisions of this act are severable and, if any provision shall be I,
or combination of factors to the extent that it makes it impossible for
held unconstitutional by any court of competent jurisdiction,the decision of such court
a public agency or nonprofit organization to proceed in building or shall not affect or impair any of the remaining provisions.
operating low or moderate income housing without financial hiss, or
for a limited dividend organization to proceed and still realize a Law Review References
Rodgers, Snob Zoning in Massachusetts. 17 Annual Survey of Massachusetts Law
reasonable return in building or operating such housing within the 487, Boston College(1970).
limitations set by the subsidizing agency of government on the size The Massachusetts Zoning Appeals Law: First Breach in the Exclusionary Wall. 54 j
or character of the development or on the amount or nature of the Boston U L Rev 37.January, 1974.
subsidy or on the tenants rental v 5. May, 9 1
s and income permissible, and Exclusionary Zoning and Equal Protection.84 Harvard L Re l64 y, 1 7 .
P Y g
without substantially changing the rent levels and units sizes pro- Healy,Massachusetts Zoning Practice Under the Amended Zoning Enabling Act.64 h
posed by the public, nonprofit or limited dividend organizations. Mass L Rev 157.October, t979.
"ConSlSten�t with local needs , requirements and regulations shall Reed,Tilting at Windmills: The Massachusetts Low and Moderate Income Housing
Act, 4 W New Eng L Rev 105,Summer, 1981.
be considered consistent with local needs if they are reasonable in
view of the regional need for low and moderate income housing CASE NOTES
considered with the number of low income persons in the city or
town affected and the need to protect the health or safety of the Words "requirements ms and regulations" Act not unconstitutionally vague nor un-
occupants of the proposed housing or of the residents of the city or in definition cl term "consistent with sincelawful delegation of legislative authority,
local needs" includes zoning by-laws and since the standards provided in GL c 40B
town, to promote better site and building design in relation to the ordinances, so as to effectuate statue's g 20 are sufficiently definite. Board of
purpose of facilitating construction of. Appeals v Housing Appeals Committee in
surroundings, or to preserve open spaces, and if such requirements
and regulations are applied as equally as possible to both subsidized low and moderate income housing in ac- Dept. of Community Affairs (1973) 363
• eas which have exclusionary zoning prac- Mass 339,294 NE2d 393.
and unsubsidized housing. Requirements or regulations shall be con- rices. Board of Appeals v Housing Ap-
sistent with local needs when imposed by aboard of zoning appeals peals Committee in Dept. of Community Taking by eminent domain in good
after comprehensive hearing in a city or town where (1) tow or Affairs (1973) 363 Mass 339, 294 NE2d faith and for public purpose cannot be
393. overridden by local zoning board or ;
moderate income housing exists which is in excess of ten per cent of Low and Moderate Income Housing Housing Appeals Committee. Chelmsford
24 25 1
Y
I
Abutters to Abutters - 41 Rear Second Street
a'..
James & George Casserly
55 Second Street
North Andover, MA 01845
John J. and Gloria Cyr
38 Second Street
North Andover, MA 01845
Joseph & Estelle Giard
57 Second Street
North Andover, MA 01845
Maureen J. Joyce
428 Pleasant Street
North Andover, MA 01845
Lisa & Arek Kalaydjian
40Second Street
North Andover, MA 01845
Stephen & Beverly Kimball
99 Bear Hill Road
North Andover, MA 01845
Terrance J. & Joan Landers
41 Second Street
North Andover, MA 01845
Sheila M. & Vincent Landers
30 School Street
North Andover, MA 01845
The principal points on which the application is based are as
follows which we believe to be consistant with local and regional
needs :
Pursuant to the provisions of the general law, Chapter 40 B ' in
Section 20 , the North Andover Housing Authority is seeking a
determination of need for low and moderate income housing .
Therefore, the North Andover Housing Authority will submit
evidence to the North Andover Zoning Board of Appeals which shows
that at the present the Town of North Andover presently does not
meet the criteria set forth in the general laws , Chapter 40 .
Therefore , the North Andover Housing Authority submits the
evidenciary material as follows:
1 . That the number of low and moderate income housing units
occupied or available for occupancy in North Andover is not
in excess of 10% of the total number of housing units
reported in the 1980 decennial census. Low and moderate
income housing units would have to exceed 704 of 7,040 units,
1980 census, before exceeding the maximum criteria of local
need.
2 . That the land area occupied by low and moderate income
housing units in the town of North Andover at present time
prior to this development does not comprise 1 1/2 percent or
more of the total land areas zoned for residential,
commercial and industrial excluding publicly owned land.
3. The total land area is zoned for such use in North Andover is
17 ,043 acres. Approximately 4,043 acres are publicly owned
as defined in Section 20 so that 13,000 acres remain against
which the 1 1/2% standard may apply. To satisfy this
criteria of local need, the land area occupied by low and
moderate income housing units should comprise in excess of
200 acres. Presently, low and moderate income housing units
in the Town of North Andover occupy approximately 6.9 acres,
leaving approximately 153.1 acres which might be developed
for low and moderate income housing before the criteria would
be exceeded prior to this development.
4. Approval of this application will not result in the
commencement in any one calendar year of construction of low
and moderate income housing units on sites comprising more
than 3/10ths of 1% of land in North Andover zoned for
residential , commercial and industrial use excluding publicly
owned land or comprising more than 10 acres, whichever is
greater.
Y rk
RECEIVED
FORM A
DANIEL LONG
TOWN CLERK - -
IOORTHAk?OOVt*PI_ICAT ION FOR ENDORSE1FN7 01= PIAN
BFLIEVED NOT TO REQUIRE APPPOVAL __
JAN 16 1 23 FM '8 -
January 19 82
To the Planning Board of the Town of North Andover :
The undersigned wishes to record the accompanying plan and requests a
determination 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 following reasons :
1 . The division of land shown on the accompanying plan is not a sub -
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , May Street or a private way , namely ,
being land bounded as follows :
Northerly one hundred ninety eight and twenty one hundredths (198.21)
feet by_land of the Boston and Maine Railroad location as _ ._. _
shown_ on said plan;
Easterly eighty-eightand fort seven hundredths
"8 .41)_ feet by lot
number fifty four (54 on said plan;
Southerly two_ hundred_ _(200)_ feet by May Street; and
Westerly fifty five and seventy five hundredths 55 .75 feet by land'
now o_ r_ forme rly_of _J. M. Stone, containing fourteen thousand
four hundred six 4,406)square feet according to said plan.
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
That-the land abuts on—a_ublic-_way, MayStre__et__
3. Title reference North Essex Deeds , Book 1172 ; Page _589 or
Certificate of Title No . Registration Book
P;Exe
Ap IiQuVtiveD1
e : Owner ' s signature and address if not
TH AUTHO IT the applicant :
torApplicants Address :
t
Ag Plan.
,Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Accompanyi
1. The North Andover Planning Board has determined that said plan does not rerjuire
approval under the Subdivision Control Law, and the appropriate endorsement has
been made upon the same.
29 at n p. 2p $ O
subdi ' , efined , ,
re_submitte aw.
Very truly yours,
NORTH ANDOVER PLANNING BOARD
By:��I/
Date:/g
Oversized Maps on file with the Town
Abutters to Abutters - 41 Rear Second Street
b':.. -
James & George Casserly
55 Second Street
North Andover, MA 01845
John J. and Gloria Cyr
38 Second Street
North Andover, MA 01845
Joseph & Estelle Giard
57 Second Street
North Andover, MA 01845
Maureen J. Joyce
428 Pleasant Street
North Andover, MA 01845
Lisa & Arek Kalaydjian
40 Second Street
North Andover, MA 01845
Stephen & Beverly Kimball
99 Bear Hill Road
North Andover, MA 01845
Terrance J. & Joan Landers
41 Second Street
North Andover, MA 01845
Sheila M. & Vincent Landers
30 School Street
North Andover, MA 01845
Helen Mathison
32 Second Street
North Andover, MA 01845
Arthur W. and Mary C. Mawson
29 Second Street
North Andover, MA 01845
Katherine Midgely
22 Maple Avenue
North Andover, MA 01845
Peter J. & Catherine Raadmae
45 Second Street
North Andover, MA 01845
San Lau Realty Trust
231 Sutton Street
North Andover, MA 01845
A
♦ Y
Abutters to Abutters - 22-24 Ashland Street
Arbor Associates ,
Robert Biresak
4 Whitegate Road
Billerica, MA 01862
B & M Railroad
Ironhorse Park
Billerica, MA 01821
Gail A. Burturlia
614 Sharpners Pond Road
North Andover , MA 01845
Crishab Realty Trust
201 Lawrence Road
Salem, NH 03079
Pic Wel Builders
Magna Road
Methuen, MA 01844