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TOWN OF NORTH ANDOVER mate I t7 Il;.- dSysJl be filed
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BOARD OF APPEALS a `TOw�
October 20 , 1986
Eastern Technologies , Ltd.
2350 Turnpike St . , (Parcel B)
Petition #87-22
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, MA 01845
Dear Mr . Long:
The Board of Appeals,, held a public hearing on Tuesday evening , October 14 ,
1986 upon the application of Eastern Technologies , Ltd. The hearing was
advertised in the Lawrence Eagle Tribune on August 25 , and September 1 ,
1986 and all abutters were notified by regular mail . The following
members were present and voting: Mr . Augustine Nickerson , Clerk , Mr .
Alfred Frizelle , Vice-chairman, Mr. Walter Soule , Mr . William Sullivan
and Mr. Raymond Vivenzio .
The petitioner seeirs, a variance from the requirements of Section 7 , Para .
7. 3 and Table 2 of the Zoning Bylaws so as to permit construction of a
building with a sideyard set back of 30. 92 ' rather than the required 50 ' ,
on the premises located at 2350 Turnpike St . , (Parcel B) .
Upon a motion made by Mr . Sullivan and seconded by Mr. Nickerson , the
Board voted to DENY the petition as requested, vote was unanimous . The
Board finds that thelpetitioner should have had prior knowledge of this
problem and stopped construction so that it could be corrected as soon
as possible .
Sincerely ,
BOARD OF APPEALS
Alfred Frizel e , Vice-chairman
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DANIEL LONG
TOWN rt4 r',lK Antn7" �p
NORTH H;'O:DVER I:,, iaaa :r •
ciiise�`
OCT 23 945 AN IS tOWN OF NORTH ANDOVER
MASSACHUSETTS within
app�al shad be filed
within (e'_0) days after the
date of filing of this Notice
WARD OF APPEALS in the Office of the. Town
Clerk.
NOTICE OF DECISION
Eastern Technologies , Ltd. Date . . octobex .20 .198b . . . .
7 Kimball Lane
Lynnfield, MA 01940 Petition Na. . .8.7.-2.2
Dateof Hewing. . .9otober, 14,.,1986
Petites of . . -Ea-stern. -Technologiea, . Ltd.,. • • : . . . . . .. . . . . :. . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . . . .2.350 .Turnpike •street• •(Pa•r•ce•1 •B•). . . . . . • • • • • • • • • • • • • • • • • • •
Referring to the above; petition for a variation from the requirements of the .8 e.c t i o n
• • • •Paragraph 7•.•3• and. -Table. •2• of- -the. •zo-nin•g •By Laws. . . . . . . . . . . . . . . . . . . . . . .
80 as to permit -construction- of -a-building. faith- a• •sideyard• -se-t -back. of-A0 .92 '
. . . .rathe•r • than- -the required : 50 t ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .
After a public hearing given on the above date,the Board of Appeals voted to . DENY: . . : the
.variance. . . . . . . . . '. . . . . } XX$ A l4[ 4�148�3fA[718�t4C74
MWAlk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Signed
Aif ed• 4iz2�al man
August-ine• •Ni•ckerso•n;• •Cle•rk-
. . . .wi•1•liam- Sui1•iva•n• . . . . . . • • • • .
wa*l•ter saule. . . . . . . . . . . . . . . . . .
Raymond• Vivenzi.o. . . . . . . :. . . .
Board of Appeals
Received RE ,
by Town Clerk: BAti��•� ��, 4.P
TG6YN
NdRT i hr DYER
M
duc 22 912 AM `86
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
Ya
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE d
7 Kimball Lane
Applicant EASTERN TECHNOLOGIES , LTD. Address Lynnfield, MA 01940
1. Application is hereby made:
a) For a variance from the requirements of Section 7 'Paragraph 7 . 3
and Table 2 of the Zoning By Laws .
b) For a Special Permit under Section Paragraph of the Zoning
By Laws.
c) As a Party Aggrieved, for review of a decision made ' by the
Building Inspector or other authority.
2. a) Premises affected are land X and building(s ) X numbered .
-- 2350 Turnpike Street (Parcel B, Street .
b) Premises affected are property with frontage on the North ( )
South ( ) East ,-( X) West ( ) side of Sharpners Pond Road
Street, and known as No. 2350 Turnpike Street (Parcel B) Street .
c) Premises affected are in Zoning District 1_11 and the premises
affected have an area of 3 . 12 square feet and frontage of +Y
165 . 91 feet . acre's rY'
3. Ownership
a) Name and address of owner ' (if' joint ownership, give all names):
OSHKOSH REALTY TRUST, 7 Kimball Lane, Lynnfield , ; MA 01940
Date of Purchase 4/ 13[84 ,Previous Owner 153 Merrimack Cornoratt
b) If applicant is not owner, check his/her interest in the premisess
t yrt..
Prospective Purchaser X Lesee Other (explain)
.� Size of proposed building 160 ' front; 200 ' feet deep; 2815"
A Height 1 stories;32,000 sq
, feet .
.
a) Approximate date of erection: November . 1985
b) Occupancy or use of each floor:assembly/metal fabrication
c)- Type of construction: Steel with concrete/monopanel facade
r
S. " Size of existing building: feet front;
feet deep;
Height stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor: t
c) Type of construction:
6. Has there been a previous appeal, under zoning, on these premises?
No If so, When? cf
h:.
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:,":
A.
7. Description of relief sought on this petition To allow the construction '.
of a building with a sidevard set back of 30. 92 ' rather than the regr„i- 'd 50'
Essex South District f
' 8. Deed recorded in the Registry of Deeds in Book ?-1RI• Page Sng
Land Court Certificate No. Book Page
�.
The principal points upon which I base my application are as followss
(must be stated in detail )
SEE ATTACHED SHEET
.,a
I agree to pay the filing fee, advertising in newspaper, and incidental ;0j:,'
expenses* EASTERN TECHNOLOGIES ,
n ure o Peti `
,Y
• Every applic ion for actio b the Boar shall be ma on a form approved
by the Board. These forms hall be furni ed by the lerk upon request.
Any communicat n purpor ng to be an applica all be treated as mere
notice of intent 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". -,.,
I
hich 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 (300' ) of the property line of the
petitioner as they appear on the most recent applicable tax list,," }
notwithstanding that the land of any such owner is located in another city '
or town, the Planning Board of the city or town, and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an application charge cost in .
=:the amount of $25.00. In addition, the petitioner shall be responsible k
,, for any and all costs involved in bringing the petition before the Boar$. : A�
Such costs shall include mailing and publication, but are not necessarily
limited to these
Every application shallbe submitted with a plan of land approved by the
Board. No petition will be brought before the Board unless said plan has-
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 INTERESTi
Y
YY
Name Address tk
John M. and Adena M. Doyle 2324 Turnpike Street °
North Andover, MA 01845
Meadows Realty Trust 2357 Turnpike Street , is
North Andover , MA 01845
Patricia Minasian 2302 Tuhnp ke- StAee n
Noxth Andoveh, MA 01845
Edward M. Knowlton 2302 Ttvtnpike Street
' NoA A Andovevt,, MA 01845 ;� t
Y
Town a6 Nahth AndoveA Boatd .a6 Sel-ectmen <<+ R
120 Main StAeet n
No&& AndoveA, MA 01845
! q a nap�A
(use additional sheets if necessary)
a ;
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APPLICATION OF EASTERN TECHNOLOGIES , LTD .
The principal points upon which I base my application are as follows :
1 . Unsuitable subsurface soil conditions necessitated a shifting
of the foundation location and a reorientation of the founda-
tion itself by 90° . During this process , a field engineering
calculation error resulted in the inadvertent placement of the
foundation within the 50' sideyard setback zone required for
I-1 developments. The removal of said foundation at this time
will result in undue economic hardship for Eastern as well as
such substantial delays in construction of the new fabrication
facility as to seriously jeopardize its ability to complete
numerous defense contracts for the U. S . Armed Forces .
2 . The granting of the requested variance will not affect or
adversely impair the property rights of any abutter . Further ,
it will not diminish the surrounding property values as the
proposed u$e is consistent with those uses permitted within
the I-1 zoning district .
3 . The proposed facility will greatly enhance the assessed value
of the parcel and therefore provide increased real estate tax
revenues . for the Town of North Andover .
4 . The unsuitable subsurface soil conditions existing X#XYMM
on the remainder of the site require the placement of the
foundation at its present location.
; , •, t PLAN OF LAND TO ACCOMPANY PETITION
ss• .'.
r,Eaeh 'application and, petition to the Board shall be accompanied by
a;7five (5) copies Of"e he following described plan:
The size ofthep1shall be 11 x 17, drawn to scale, 1 inch
„equals- 40 feet, itshall have a north point, names of streets , .
"zoning districts ; names and addresses of owners of properties
at „within a minimum':of ;'200 feet of the subject property, property
N, 'lines, and location;of` buildings on surrounding properties . The
q,r location of buildings or use of the property where a variance is
1, ;,Yequested and distances from adjacent buildings and property lines
�k`•`shall- be verified 'in the field and shown on the plan . The
dimensions of the iot and the percentage of the lot covered 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 shall`,'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, ,,.
brook, or river , shall be shown on the engineering plan. When 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" .
The plan shall be signed and bear the seal of a registered
surveyor or engineer. Any plans presented with the petition shall
remain a part of the records of the Board of Appeals .
y;. If living quarters -'.'are to be remodeled, 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;
7 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;
All
t 3. The plans and elevations shall show a1.1 existing work . All
proposed work 'shall be shown in red. The size of each plan
k shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4
inch equals one foot.
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
'Nm' Section 7, Paragrpahs 7. 1, 7. 2, 7. 3, and 7.4 and Table 2 of the
•• ,�.,;=Zoning By Law for conveyance purposes only, a plot plan, certified
x. by a registered engineer or land surveyor, of the parcel of land
F with a structure thereon being conveyed, will be acceptable to the
,.' Board of Appeals provided:
r°
The dwelling(s) , structure(s ) , or building(s ) were constructed
x, :• prior to March ,;14, 1977 .
2. The petition is ,'not to allow construction or alteration to
the dwelling(s)' structure(s) , or building(s ) which will re-
'' suit in the need for the issuance of a building permit.
3. The size of the'plan shall be no smaller than B 1/2 x 11
' inches and mustshow the existing area of
R. 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
signatures . as ,well as adequate space for the following
information: date of filing, date of public hearing, and
date of approval .
'S
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