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HomeMy WebLinkAboutNORTH ESSEX REALTY TRUST r AOR s iCHa TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 5 July, 1966 Town Clerk Ref: 812 Osgood Street Town Hall Borth Andover North Andover, Massachusetts Massachusetts Dear Sir: Upon application of the "North Essex Realty Trust", 2 Johnson Street, North Andover, Massachusetts, petitioning .for a Special Permit under Section 4.2 of the Zoning By-Law and a release of restriction limiting the use of said land to a single residential dwelling lot under a variance granted April 10, 1961s the Zoning Board of Appeals of Borth ,Andover heard said petition on the eve- ning of June 13, 1966, at 7:30 P.M.. The hearing was heard in the Town Hall facilities. Members present and voting were John J. Shields, Chairman, James Deyo, Secretary, Daniel T. O'Leary, Arthur Drummond, and Donald Scott. Representing the applicant was attorney Harold Morley. Representing objectors was Attorney Donald F. Smith. The petition of the applicant was advertised in the Lawrence Eagle Tribune under date of May 26 and June 6, 1966. ,All abutters were duly notified of this hearing by certified mail. In accordance with the application, the consideration of a Special Permit under Section 4.7 of the Zoning By-Law, to erect three (3) structures, each projected to house twelve (12) livable units, and in addition, a variance granted by this board on April 10, 1961s which restricted subject land to a non-conforming use as a single residential lot was requested to be released from said restrie- tions. Attorney Morley presented his plea for adoption of the application and dwelt at length upon the plans and architectural rendering with relation to said apartment structures stipulating that only the entrance available from Osgood Street would be utilized and that only a fire road would be constructed from Colgate Drive in accordance with the Plan of Land of North Essex Realty Trust, dated May, 1960, of Brasseur Associates, Land Surveyors, Haverhill, Massachusetts. DECISION: Page II North Essex Realty Trust Attorney Morley also pleaded that the variance granted in 1961 limiting use of said land to that of a single residential struc- ture was, in his opinion, illegal. Attorney Smith, representing a sizable portion of the objectors present which numbered approximately, seventy people, presented to the Chairman, Daniel T. O'Leary, a petition signed by approxi- mately fifty objectors, for the most part abutters and residents of the immediate locus. Attorney Smith included in his objections to the granting of the application several contentions wherein it was his legal belief that the petition justified denial. Upon motion of Board Member Shields, duly seconded, the petition was taken under advisement. In executive session, the board voted to table further consider- ation until all members had, an opportunity to physically view the locus with respect to its geographical position to abutter pro- perties. Consideration was tabled to June 27, 1966, At 7:30 P.M. , June 27, 1966, with newly elected Chairman John J. Shields presiding, the petition was reconsidered with all members originally sitting on June 13th present. The board reviewed the history of previous actions pertaining to the subject land and found from its records the following. Under date of April 10, 1961, on application of the then owners William and Marguerite S. Shann, owners of record of the land known as 812 Osgood Street, North Andover, Massachu- setts, petitioned this board f3Dr variation from the require- ments of the North Andover Zoning By-Law. This petition was to permit the use of the lot for one single residence. It is noted that the land then under consideration is the same land now under consideration and that it contained less than the 125' frontage currently required in the Zoning By-Law for a single residential lot. As a result of this petition, the board granted a variance in accordance with the request of the property owner. On January 13, 19642 the Board of Appeals heard a petition of one Fred Findlan wherein a variance from the requirements of Section 6, Paragraph 6.32 of the Zoning Ordinance was re- quested for the purpose of using said land for a contemplated Rest Home. Action by the Zoning Board of Appeals on this petition was the denial of the requested variance for the following reasons: 1) All methods of relief had not been exhausted; 2) The applicant will suffer no substantial hardship, financial or otherwise; and DECISION: Page III North Essex Realty Trust 3) The purchase of this property was made with full knowledge of the variance and restrictions already placed upon it at the request of the former owner. The Zoning Board of Appeals of North Andover has onlythose powers which have been conferred upon it by Chapter 0 A or by the town meeting in exercise of power delegated to it by Chap- ter 40 A. It is recognized that the board has only limited po- wer to grant relief and does not have power to alter the Zoning By-Law. Neither does it have power wherein conditions would af- fect other parcels in the same zone. The board has been made aware of the fact that prior to the issu- ance of the 1961 variance, a sub-division plan had been submitted to the Planning Board of North Andover for the sub-division of the subject parcel of land which contains 133,108 square feet, and that the sub-division plan was approved by the Planning Board, but never executed by the previous owner Shann. The board is cognizant of the fact that there is existing on sub- ject property a large, residential structure which has been un- occupied for many years and has been a matter of consternation to the Town of North Andover and its official representatives for the past several months, especially from a safety hazard to tres- passers. The board, notwithstanding, contends that such condi- tions are beyond the scope and authority of the powers granted to this board and can in no way be enveloped in an enforcement ac- tion. The board is further cognizant of the fact that the present owner of the subject land purchased same with full, legal knowledge of the variance granted and affecting said land as a result of the hearing conducted by this board on April 10, 1961. Member James Deyo made a motion to deny the application. The mo- tion was seconded by Member Daniel OtLeary, and the vote was unanimous. The reasons for denial are as follows: a) All avenues of local relief have not been exhausted with particular reference to the North Andover Planning Board; b) Since the applicant has shown no proof of acquisition, . No substantial hardship, financial or otherwise, can be accepted by this board; c) That the granting of this petition would result in an inharmonious atmosphere to the abutting properties and would thereby be in derogation from the intent and pur- pose of the Zoning By-Law. DECISION: Page IV North Essex Realty Trust Very truly yours, t LZ 1 Board of Appeals • � F,,au J �ty�Rry'� e F• AINK7� i,� l�,y: tass �g`y ACHUa�' s TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .June. 27x. 1966. . . . . . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing. Jun®. 1s. 1966. . . Petition of . .blorth PgP?X Realty'.Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . the.west side.Of. Osgood.Street; .812, Osgood.Street . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . . . . Idorth,Andover Zoning By--4aV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit. . the .QQA4trt t3 Qn.9;f. thrqe.apartmiant.buildings,12. units.each,,. .With accessory parking facilities; and a release of restrictions pre'v'iously imposed on said remises . . . . . . . . . . p. by.tne. Boat'd.o#'. QRpeBZs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to. . . . . . . .the Special Permit for the construction of the above work, based upon the following conditions:: Signed Jo Shi Chaix�as� ams De . .e .ary. . . . . . . . . . . D el T. 0 Le d 3 70Sc . . . . . . . . . . . . . . . . . . Board of Appeals Form 81 P - 2 (1963) North Andover Planting Board NOTICE TO. TOWN CLERK OF ACTION OF PLANNING, BOARD ON PLAN DESCRIBED BELOW Name and Address ofApplicant: Date of Submission of Plane &Too Y�e //0 4/x*/.0 A, 'err /00c• C+ / Town Clerk, Town of North Andover Town Office.Buildi.ng North Andover, Massachusetts Dear Sir: We forward to you herewith the original and new copy of the plan -des�ribed below, heretofore submitted to this Board under G.L, C. 412 s. 81 P, which you may deliver, upon request, to the applicant above named. EXACT TITLE OF PLAN, with date and name of Surveyor: _7z ,/J h Ar rer */61 ,j -- 4060 h to/6y Avrr.r 4 ' , ,.f. — t yr�?�' •! . ►�"► -i ► ;cam Ddiscription of land "sufficient for identification": cfv IfA5 0o 417 - IBook , page ' Tule reference: ;North sex Es De r, a ` f.$` The action taken by this Board upon said plan is indicaffed upon the reverse hereof. (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 rth Andover Tanning Board s determined that said plan shows a s di ision, sale 'ned by G. . c. 1, s. 8 , and must th of re be re-s mit d to it roval unde a subdivisio ntrol law. (3) e N th Andove�F, 'ng Board s det rmi.ned tot no ction o s d plan. Very truly yours, NORTH ANDOVER PLANNING BOARD B f/rf� rZ � 1 y Date: 1141, /` i ,-tea o Form 81 P - 4 (1963)' North Andover Planning Board NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING BOARD OF PLAN DESCRIBED BELOW, _ BELIEVED NOT TO REQUIRE;APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant: Date of Submission of Plan: Town Clerk, Town of North Andover ` Town Office Building North Andover, Massachusetts Dear Sir: Pursuant ,to the provisions of G.L. c. 41, ss. 81- P and $1 T, you are hereby notified that the plan described below has this day been submitted to the North Andover Planning Board for a determination that approval of the same is not required by the subdivision control law. EXACT TITLE OF PLAN, with date and name of Surveyor: Description of land "sufficient for identification": Title reference: North Essex Deeds, Book , -page Attorney for Applicant: Very truly, yours,. Applicant - o�s�CP / 6 'A Q iZ C� 0 I � � Z f A �•s� ori 9y �s �B�'6¢ � v � 0 w s� �osF . v 00'C7s/ 7 Zoo Z a ooz 0 L• sso�iy soi/ayy '�ir���s�/ate uci.(7 g28 L �2/ T//i� Ob =.,/ :a/oas- vois�i+�.v9nS�aPu� /ono�ddy ,lsa.�Z X;IIAPoa. .�fliro/acy�p��lrP/O�9 p�c%Hp Oa'trt��7�/Y/NNd'� r33•�OD/YdN -�V 7140UNV N /IV/ CN -:?/O /Yd7d 4 c s 10.0 .;_.+,may•�1 F� Army" +sv 4i 1855 . CHIS TOWN TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS October 11, 1965 John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: The following petition was heard at a meeting of the Board of Appeals on Monday evening, October 11, 1965 at the Town Office Building. Members present and voting were: Daniel T. O'Leary, Chairman; William Morton, Secretary; Arthur Drummond, James Deyo and Associate Member Howard Gilman who sat in place of Regular Member John J. Shields. NORTH ESSEX REALTY TRUST requested a variation of Sec. /+.73 ands Special Permit under Section /+.7 of the Zoning BylLaws so as to permit the construction of ten (10) dwelling units of garden apartments as shown on site plan on the premises, located at the westerly side of Main Street; known as #168 Main Street. This public hearing was advertised in the Eagle Tribune on September 27 and October 4, 1965. All abutters were duly notified by certified mail of this hearing. Atty. Ralph E. Finck represented the petitioner. Also present were Stewart Wilson, Walter Green and Harry Dow, III of the North Essex Realty Trust. Atty. Finck pre— sented plans and drawings of the proposed apartment development and explained that it would not be detrimental to the neighborhood, that it is a good location because it is adjacent to the downtown business district. He presented two letters in favor of the development; one letter from Monsignor Long of St. Michael's Church and one from Rev. Fisher of the First Methodist Church. There was one abutter present who was recorded in favor. There was no opposition to the petition. Atty. Finck stated that according to Police Chief Lawlor this would not create a traffic hazard. It wouldd be a hardship if the petitioner were not allowed reasonable use of his land. In Executive Session, after thorough discussion, Mr. Drummond made a motion to GRANT the variance and Special Permit, Mr. Deyo seconded the motion and the vote was unanimous. The Board gave the following reasons for granting the variance and Special Permit. (Cont. next page) • L4 F: ArwLm i•. lass CHO TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -2- October ll, 1965 I 1. The requested variance will not be in substantial derogation from the intent or purpose of the Zoning By-Law. 2. The apartment development will enhance the area.. 3. Unless the variance is granted, the applicant will suffer substantial hardship, financial or otherwise. 4. There exist certain conditions, especially affecting the parcel i1 question, which do not generally affect the entire zoning district in which the parol is located. 5. The requested variance will not adversely affect the public goodjto any sub- stantial extent and will not materially affect the general characteriof the neigh- borhood. Very truly yours, BOARD OF APPEALS J aniel T. Leary, Chaix�an AD I i i I l I • �,aEuy +i 32,• .epOR,..�•� ��;• LSSS CHO TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date October 11,. .1965. . . . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing. October 11, 1965 Petition of . . .North Essex 'Realty Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . the .westerly.side, Af Main, Street,,known as.16$, Main_$tree:t. . . . . . . Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . . . . North Andover Zoning.By- ,aws. . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . so as to permit. tyle .construction.of. ten AVeLling .unit$. Qf. garden. apartments. aa. . . . . . shown on site plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to. . 3RAW. . . . .the Variance and_ Special Permit . . . . . . , and hereby authorize the Building Inspector to issue a permit to . .North Essex Realty Trust . . . . . . for the construction of the above work, based upon the following conditions:: � Signe Daniel T.. _O�Leary, Chairman. . . . . William Morton.,. Secretary . . . . . . . Arthur Drummond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . James. Deyo. . . . . . . . . . . . . . . . . . . . . . . . Howard GUman,. Associate,Member, Board of Appeals Oversized Maps on file with the Town