The URL can be used to link to this page

Home My WebLink AboutEPR REALTY TRUST NORAny appeal shall be filed � Off.•'"....q� ?:�o�.,R,r•;° within (20) days after the RECEIVED AMIL � date of filing of this Notice DANIEL LONG NORTH , ERI< �.ss'gno in the Office of the Town T ':id�?CVER ".,.W: Clerk. A. 22 12 aT PM #BE°WNN F NORUSEZN OVER BOARD OF APPEALS NOTICE OF DECISION Date . . . . J.uly. .22 , 1982. . . . . . . Petition No.. . . . . . 2.9 . 7. . 18.2 . . . . . Date of Hearing. .. �u 1 y. . 12., 19 82 Petition of . . E..P...R, . .ReAl.ty 7. by. .GpDe , R.osi.nsk.i. , Premises affected . .Lot. ,l?. . E 1,m w,o o d, S t.r e e t . . . . . . . . . . . . . . . . . . . .. Referring to the above petition for a variation from the requirements of the . Z90.". B y_ ,L a w Section 7 , Paragraphs 1 . 1 , 7 . 2 , 7. 3 a,nd. Table 2 . . . . . . . . . . . . . . . . . . . . . soastopermit .the sepa.rat.ion. .of-a. Ireside.ntial. zone . f.rom. .a. b.us.i.ness , zone in order, t.o , c.onstru,ct„a , two-.fam,i.ly. .dw,ell,it�g. .on, _a, .l,o:t. ,ha,vin.g . less than the required area , frontage , and setbacks . After a public hearing given on the above date, the Board of Appeals voted to . . D.E N Y. , , , the . . . .v a r i_a n c e . . . . . . . . iclK g >4 6i6gax glYex Eif LSC�> at g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xf*r kbwoo=txuvZP1x)k O=Wwxfx"Aw J?9404 Wa x Signed Frank Serio, Jr..,x . Cfiairman. . . . . . . , Al Fred E . , ,Fri ze.1je ,. .Esq , ,. Vice. Chairman Ri.ch_ard, .J .. .Tr:epanier , , Esq.._ , . Clerk Wi.I l.i.am J., .Su.1.17 van. . . . . . . . . . . . . . . Aug ustine. .4J ,. Mi c.kerson. . . . . . . . . . . Board of Appeals pORTI, R.ECEiV[D ,,�.o DANIEL LONG � n TOWN :L q « NORT,! iaUOYER -.. x.;• : Jut 22 12 aT PH '82 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 22 , 1982 E . P . R. Realty Trust Lot 12 , Elmwood Street Petition No . 29- 182 Mr. Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Dear Mr. Long : The Board of Appeals held a public hearing on Monday evening , July 12 , 1982 upon the application of E . P . R . Realty Trust , The hearing was advertised in the Lawrence Eagle Tribune on June 26 and July 3 , 1982 and all abutters were notified by regular mail . The following members were present and votingi Frank Serio , Jr. , Chairman ; Alfred E . Frizelle , Esq . , Vice Chairman ; Richard J . Trepanier , Esq . , Clerk ; William J . Sullivan ; and Augustine W. Nickerson . The' petitioner seeks a variance from the requirements of Section 7, Paragraph 7. 1 , 7 . 2 , 7. 3 , and Table 2 of the Zoning By Law in order to construct a two family dwelling on a lot having less than the required area , frontage, and set backs . The petitioner, Gene Rosinski for E ,P . R . Realty Trust , testified that he proposes to create a new lot by subdividing a parcel at the, zoning line . His business , North Andover Building Center, is located adjacent to the proposes lot . He wishes to construct a duplex on the site . There was opposition to the petition by the abutters . Upon a motion made by Mr. Nickerson and seconded by Mr . Frizelle , the Board voted unanimously to deny the request . The Board finds that the petitioner failed to satisfy the requirements of Section 10. 4 of the Zoning By Law, specifically , that no hardship has been shown . Sincerely, oris-�-� Frank Serio , Jr . , Chairman jw Any appeal shall be filed within (20) days after the date of filing of this Notice A It-7n :Xin the Office of the Town t y S: 1855 NOK t. vER ►9.SSACN�g� Clerk. ,YYYYY'N� FEB 8 1110 AM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . February. ,18 ,..1983 Petition No.. . . . . $.- .3 . . . . . . Date of Hearing. . February 14 ,. 19 83 Petitiom of . . . F.P..R.. . Realty. Trugt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . Eot. :12. - . Zlmw.00d, .Stree.t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Z on i n g By. .Law Section 7, Par,. 7..1, 7. Z . 7...3. .and>Table. .?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . relief_ from. the. are.a, . .fronta,ge.,. .and . setback. .regirements to. construct _a. .sin,gle. ,family, dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . GRANT. . . the variance . . . . . . . . . . _ and hereby authorize the Building Inspector to issue a permit to . .E...P.R. Realty. .Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, lnsnaixx Signed Frank. .Serio.,. .Jr. ,. Chairman . . . . . . Alf,red. .E.. :FrjZS.11e.,. . E,eq,.,. . Vipe. .Chairman Ricba,rd. JT , T.rep.ani,er.,. ,Esq. .,. .clerk Angus tine. .W... .N cke.rsoz1 . . . . . . . . . Falter .F.. .Soule. . . . . . . . . . . . . . . . . . . Board of Appeals Any appeal shall be filed ^ f NORTH within (20) days after the DA NI I nNG o � date of filing of this Notice Tia; .. , p NOR�. R * o - F in the Office of the Town , Clerk. FEB 10 AM '83 SACNU`+ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 18 , 1983 Petition No. 8-183 E.P.R, Realty Trust Lot 12 Elmwood Street Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass . 01845 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, Feb- ruary 14 , 1983 upon the application of E .P.R. Realty Trust. The hearing was advertised in the North Andover Citizen on January 13 and 20 , 1983 and all abutters were notified by_regular mail. The following members were present and voting: Frank Serio, Jr. , Chair, man; Alfred E. Frizelle, Esq. , Vice Chairmanr Richard J. Trepanier, Esq. , Clerk; Augustine W. Nickerson; and Walter F . Soule . The petitioner seeks a variance from the provisions of Section 7, Paragraphs 7. 1, 7. 2 , 7.3, and Table 2 of the Zoning By Law to allow the construction of a single family dwelling on a lot having less than the required area, frontage', and setbacks on the premises lo- cated on the West side of Elmwood Street and known as Lot 12 , Elm- wood Street. The petitioner testified, through counsel, that the residential portion of the petitioner's land located on Elmwood Street was purchased at the same time as adjoining General Business land located on Massa- chusetts Avenue on which is located the petitioner' s place of business . The lot in question is described by deed as being separate from the remaining land. The petitioner further testified that several other parcels in the neighborhood are undersized. RECEf�' E .P.R. Realty Trust Petition No. 8- 183 NVER February 18 , 1983 Page 2 FEB to It to AM '83 upon a motion made by Mr. Frizel;le and seconded by Mr. Soule, the Board voted unanimously to grant the variance as requested, The Board finds that each of the provisions of Section 10 . 4 of the Zoning By Law have been satisfied. In particular, the Board finds that a literal enforcement of the By Law would involve a hardship to. the petitioner. In addition, the Board finds that the granting of said variance will in no way derogate from the intent and purpose of the Zoning By Law, due to the fact that the majority of the neighborhood is comprised if similarly sized lots . Sincerely, BOARD OF APPEALS Frank Serio, Jr. , Chairman jw (Plan to follow) • arr �.NORrry�1� rr Fr. APROM SO • r a f', 1835 y r► ,`R9CHU*mss • v TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . 0ot.ober.. 15,. .1980. . . . Petition No.. . . . .21-'80. . . . . . . . . . . Date of Hearing. . . PeO ember.15,. 1980 Petitionof . . . . . . . . . E.P.R..Realty.Trust. . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . 105 .Masachusetts. Avenue . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . .North Andover ZoniLtg .By-Law. Sec. .9,. Paragraph. 9..2 . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the er . .1. n. .vf a. seoolld.story .on.exi.sting.bui in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . GMT. . . the . . . . Special Permit . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . E.P.B. Realty Trust .. . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . for the construction of the above work, based upon the following conditions: That it meets the requirements of Sdc. 10.31, Paragraphs a, b, c, d, and e; and Sec. 9.2 of the Zoning By—Law. (see attached sheet) Signed Frank.SQrio.,. .Jr., . ChairMoa. . . . . . . . . . . Alfred.E.. Frizelle,. E$q.I .Vioe.-Ghai.rman ill William.J.. Sullivan. . . . . . . . . . . . . . . . . . Augustine. Nickerson. . . . . . . . . . . Board of Appeals Of o � 1 ^ 2g 1980 • �. � • O. UOU O �� BRACN a +� �o TOWN OF NORTH ANDOVER dp 1p trz � MASSACHUSETTS BOARD OF APPEALS October 24, .1980 E.P.R. Realty Trust 105 Massachusetts Ave. Petition No. 21-180 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Blass. 01845 Dear Sir: A public Bearing was held by the Board of Appeals on September 15, 1980 upon application of E.P.R. Realty Trust requesting a special permit to erect a second story on the existing building located at 105 Mass. Ave. The hearing was advertised in the North Andover Citizen on August 28 and September 4, 1980 and all abuttors were notified by regular mail. The petitioner seeks a special permit pursuant to Section 9.2 of the Ey- Law to permit the erection of a second floor on the premises located at 105 Massachusetts Ave. The property does not conform to the provisions of the By-Law and has ,been lawfully used as non-conforming by the petitioner. The petitioner testified that it seeks to erect the second floor to enable it to have more storage space for use in its business. The proposal is not to construct the addition higher than the roof line of the present main structure. On October 14, 1980, upon a motion made by Mr. Frizelie and seconded by Mr. Sullivan, it was voted to grant the special permit as requested, with certain conditions. The Board finds that the provisions of Section 10.31 of the By-Law have been satisfied. Sincerely, BOARD OF APPEALS Frank Serio, Jr., Chairman AEF/jw ( ?L A A TO F O x LO W) s v "Notice of Decision - Page 2 E.P,R. Realty Trust Petition No. 21-180 conditions: 10.11 conditions for Approval of Special Permit 1)' The Special Permit Granting Authority shall not approve any such application for a Special Permit unless it finds that in its judgment all the following conditions are met: a) The specific site is an appropriate location for such a use, structure or condition; b) The use as developed will not adversely affect the neighborhood; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this By Law. 9.2 Alteration or Extension A use, or structure housing a use, which does not conform to the regulations of this By-Law, but which did conform to all applicable regulations when initially established shall not be changed, extended, or enlarged except in accordance with the following ppovisions: 1) Such change shall be approved by a special permit or otherwise by the Board of Appeals. 2) Such change shall be permitted only upon the same lot occupied by the non-conforming use on the date that it became non-conforming. 3) Any increase in volume, area, or extent of the non-can.formi.ng use shall not exceed an aggregate of more than 25 percent of the original use. 4) No change shall be permitted which tends to lengthen the economic life of the nonconformity longer than a period reasonable for the amortization of the initial investment. + p NORTH Any appeal shall be filed 3si a h• L,, : within (20) days after the k. , 4•. lass date of filing of this Notice A1C 16 R933AM"w.* ,t ►, �� in the Office of the Town MAR ZPi I 34 PM t84 TOWN OF NORTH ANDOVER Clerk. ' MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . ?jarch. ?Z?_1984. . . . . Petition No.. . 7-7.1$4. . . . . . . . . . . . . Date of Hearing. .FQbruary, . 13, . 1984 Petition df . . . . . . . . .E.P,R. . REALTY. TRUST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premisesaffected . . . 10.5 . Mass, . Avenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . .Z Qning .By, .Law . . .Sectio.n. 7, . Par... . 7...3. and. Ta??le. .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit relief .from. ,the .si.de-. .yard. .s.etl�ack ..requirement .to .aJ,low the .construction. of. an. .open .fxont shed . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . Grant. . . the .variance . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to .constr.uct .an .open. .front. .shed for the construction of the above work, based upon the following conditions: 1. The shed be no closer to the lot line than four feet, or in front of the light pole , whichever is greater. 2. The shed be no higher than twelve feet. 3. No signs or advertising will be allowed on the back side or either side or on the roof or in front of the existing light pole . Signed Al£.red. .F.. Frize.11e.,. .Es.gP.,_Vice. Chairman William .J... Sullivan . . . . . . . . . . . . . . . . Augustine. .W.. .Nicker.son . . . . . . . . . . . Wal.te r. .F.. .Soule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals i. v !1 NpOTM D ° F� ,: r �,..•. ,.�, Any appeal shall be filed NOT-,�`!" . ; f SER ��' ' A within (20) days after the • _ date of filing of this Notice MA# 26 1 3y �{��i ,a,;,�;;;.�` in the Office of the Town cow Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 22, 1984 Mr. D4niel' Long, Town Clerk E.P.R. Realty Trust Town Office Building 105 Mass . Avenue North Andover, Mass. Petition No. 7-184 Dear Mr . Long: The Beard of Appeals held a public hearing on Monday evening, February 13, 1984 on the application of E.P.R. Realty Trust. The hearing was advertised in the North Andover Citizen on January 26 and February 2, 1984 and all' abutters were notified by regular mail'. The following members were present and voting: Frank Serio; Jr. , Chairman; Alfred E. Frizelle, Esq.. Vice- Chairman; William J. Sullivan; Augustine W. Nickerson; and Associate Member Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraph 7 .3 and Table 2 of the Zoning By Law so as to permit relief from the side setback requirements to allow the erection of an open front shed which will' not meet the minimum side setback requirements on premises located at 105 Mass. Avenue, located in the GyB zoning district. Mr . Gene Rosinski, Trustee of E.P.R. Realty Trust, testified that the shed is needed to store lumber under cover. The proposed location borders the exit ramp of Route 495. In order to meet the setback requirements, the shed would have to be placbd in the middlb of the parking area. The proposed shed will be approximately 280 feet long and located three to four feet from the property line. No opposition was voiced. The Board rendered a decision at their March 12, 1984 regular meeting with Members Frizelle, Sullivan, Nickerson, and Soule present aro? voting. �Q� t VQK E.P.R. Realty Trust SER 105 Mass. Avenue �I ?s Petition No. 7-' 84 134 PH I#q March 22, 1984 Page 2 Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted unanimously-to grant the variance subject to the following conditions: 1. The shed be no closer to the lot line than four feet, or in front of the fight pole, whichever is greater. 2. The shed be no higher than twelve feet. 3. Na signs or advertising will be allowed on the back side or either side or on the roof or in front of the existing light pole. In granting the variance, the Board finds that Section 10.4 of the Zoning By Law has been satisfied. In particular, the Board finds that due to the size and shape of the lot, a 11 teral' enforcement of the Zoning By Law would involve a hardship to the petitioner, since the proposed expansion could not occur. Further, the Board finds that desirable relief may be granted without substantial' detriment to the public- good and without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Sincerely, BOARD OF APPEALS #L44 Ccs- - C4 Alfred E. Frizelle, Esq. . Vice Chairman jw (Plan to follow) Received by Town Clerk : � MORTp Date : --_-_-_RECE{VEUrOWN OF NORTH ANDOVER, MASSACHUSETTS DANIEt LONG ; Time : TOWN CL RK BOARDOF APPEALS �OEtT iI(itOiOVEi '�,'•,..:..� cNus� ce : This application must be t pewr.itte_n SAMY APPLIC BI FS AV[ ~FROM THE REQUIREMENTS OF THE ZONINC_ ORDIiJANGE Applicant E.F.R: REALTY 'TRUST Address 105 , MASS: -AVE NO d1' ANDOVER,MA I • APPlicatJon is-. hereby made_ (a )_. fora; variance frrOm the requirer6erots of Se11 ction `' 7 Paragrapii7:1*203 and Table 2 of the Zoning By-Laws . (b) For a Special Permit under Section Paragraph of the Zoning By-Laws ( c) As d party aggrieved; - for review of a decision made by the Building Inspector or other authority. Z . ( a) Premises affected are land X and building(s ) numbered LOT 12 ELNWOOD ST. Street . (b) Premises affected are property with fro.nta.ge on the North (' " ) South ( ) East ( ) West ( X ) s,i.de. of ELMWOOD Street, and known as No . -L0% 12 ELMWOOD Street . (c) Premises affected are in Zoning District R4 and the premises affected have an area of 5000 square feet and frontage of 50 square feet . 3. Ownership (a) Name and address of owner ( if joint ownership., give all names ) : E.P.R. REAL W RRUS T Date of purchase OCT. XNW 1979 Previous Owner WEBBER LUMBER (b) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain ) 4. Size of proposed building : 261 front 501 feet deep ; Height : 2i stories ; 28 feet. (a Approximate date of erection : A.S.A.P. ( b� Occupancy or use of each floor : Residence (c ) Type o construction ; wood frame 5 . Size of existing building :. feet front ; feet• dee Height : stories ; feet ° _ P': . (a) Approximate date of e'rectibn : (b) Occupancy or use of each floor: (c) Type of construction ; ; 6. Has there been a previous appeal , under-zoning , on these premises . iO If so , when? ° 7. Description of relief sod'ght on,' this . petition rib separate the residential. portion from the business portion in 'order to erect a 2 family dwelling which is the use for which the land was originally zoned, 8. Deed recorded is the Registry of Deeds in Book 1402` Page 146 or Land' Court Certificate No. Book Page_ The principal points upon which I base my application a.re as follows ; (Must be stated in detail ) The lot in question cannot be used without this c% Prq�idence on this lot would allow me to become a resident of the town in which my business is located live near my bis ness over it, increase the tax base of the town, provide a rental unit and be ,in,keeping with the neighborhood. I feel that a home on this lot is a far better use of the land than leaving it an empty lot. I agree to pay for advertising in newspaper and incidental expenses* Petitioner's Signature Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the -Board. These "f..arms shall be furnished by the clerk upon request . Any communication- purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation 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" 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 huhdred feet of- the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the Amd-of .aay such owner is located in another city or town , the Planning Board of the c'ity 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 respon- sible for any and all casts involved ini �bringing the petition before the Board. Such costs shall include mailing' and publication, but are not necessarily limited to these . LIST 0-P PAR'r_IES IN INTEREST Name Address I, FERDINAND MERCIER 128 MABLIN AVE. LUCO LICCIARDI 49 FERNWOOD ST. WARREN OIBRIEN 115 MASS, AVE. ANr1HONY URSILLO 119 MASS. AVE. ROLAND COOK 125 MASS. AVE. MARY T. BARRON 127 , MASS. AVE. JOHN MAMBRO 135 MASS. AVE. PETER COCO 139 MASS.AVE3 JOSEPH TORRISI 143 MASS. AVE. ALBERT MIS 752E TM 18 INGLEWOOD ST* JOSEPH LANE 12 FERNWOOD ST. DAVID ACKROYD _ 19 FERNWOOD DOMENIC -NAEOLrtTANO 32 ELNdn100D, r . SANTO GIAMO 28 ELWOOD SANTA FINNOCHIARO 20 ELMWOOD _ .. ENRIQUE MARTINEZ 12 'ELMWOOD V f FRANK SILVIL 29 ELMWOOD ANGELINA DI FALCO 23 ELMWOOD KENNE7H CHENARD 13 ELMWOOD PAUL ANDERSON 43 ELMWOOD MAURICE :3ENNESSY 49 ELMWOOD +rr GENE ROSINSKI 105 MASS. AVE. (Use additional sheets if necessary) Oversized Maps on file with the Town