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HomeMy WebLinkAboutJEFFERSON OFFICE PARK K� HORTM � 5 ph 3't •.A OL VCR NOR 1 .ry JAN tl 4" ssuwost� TOWN OF NORTH ANDOVER 1 A 10 Vin MASSACHUSETTS CK• e BOARD OF APPEALS January 14 , 1987 Petition #37-87 Jefferson Office Park Limited Partnership 671 Chestnut St. Mr. Daniel Long, Town Clerk 120 'Main Street Town Office Building North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a pubUid-hearihq din iDecetnber 90, 1986 upon the application of Jefferson Office Park Limited Partnership request- ing a variance from the requirements of Section 7 , Paragarph 7.3 and Table 2 of the Zoning ByLaws so as to permit relief of zoning set- back requirements on a pre -existing nonconforming structure(paving) . The following members were present and voting: Frank Serio, Jr . , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule and William Sullivan. The hearing was advertised in the North Andover Citizen on November 20 and 26, 1986 and all abutters were notified by regular mail . Upon a motion made by Alfred Frizelle and seconded by Walter Soule, the, Board voted, four in favor and one opposed to GRANT the variance as requested subject to the following conditions : Barn as shown on-;plan be razed before any further occupancy permits be issued. 2 . Landscaping(shrubs and trees) be put along Chestnut Street boundary . 3. Entrance/exits blocked and green areas put in as shown on plans submitted to the Planning Board. The Board finds that the granting of this variance will not derogate from the intent and purposes of the Zoning ByLaws nor adversely affect the. neighborhood. Sincerely, "f! Fr ri� , Chairman /awt BOARD OF APPEALS Np��e DAM' AMMM TOWi f NORru 'VER �+eeus „ ii,,od JAN 21 9 02 AN '97 'TOWN OF NORTH ANDOVERe c MASSACHUSETTS j b loan A,C IOl--�fi�nn I OF /�"f F/�W C�eCK. NOTICE OF DECISION Jefferson Office Park Limited Partnership Date . . .January. .13.,. .19.87. . . . 39 Brighton St. Allston, MA 02136 Petition No.. . . . . . 3.7rR7. . . . . . . . . Date of Hearing 'December 9 , 1986 psdof , .Jefferson Office Park Limited Partnership Premises affected . . . . . . .67.1 .Ches.taut St. . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Section .7.,. . . F'.ardgXepb. s 3. .and.Tabl:e . 2. :oi„the Zoning, Bylaws so as to permit . . reli.ef. of. .zo�L ng.set2��ok: .xequ�z��nents .q .a. .Pre-existi}zg non-.con:forms rkg*. s.tructu]re . (P.aying). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . After a public hearing given on the above date, the Board of Appeals voted to :GRANT: . . : the va��ance . . . . . . . . . . . . . . . . . . . . . . . .. . �}C�➢Q4bI'R�741�Q1�KDd�i�b�pC3�iliCdtXOC�i��fAC . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . ... . . . . . . . . tfX3i1K73$lbWAMWibased upon the following conditions: 1. Barn as shown on plan be razed before any further occupancy permits be issued. 2. Landscaping(shrubs and trees) be put along Chestnut Street boundary. 3. Entrance/exits blocked and green areas put in as shown on plans submitted to the Planning Board. Signed Frank erio, Ji'. , airman . . . . . . -F'rize'Tle'.; V3Ce=ehairman . . . Augustine 'Nickersori;' Cletk Wal'te'r 'Soule . . . . . . . . . . . . . . . . . . . . . . William' SulTivari. . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Received by Town Clerk: d TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Jefferson Office Park 39 Brighton St. Applicant Limited Partnership ---_ Address Allston, MA 02134 C 1. Application is hereby made: f a ) For a variance from the requirements of Section 7 Paragraph 7.3 and Table 2 of the Zoning By Laws . 7 7.3 r 2 Par. 3 b) For a Special Permit under Section 10 Paragraph10.3of the Zoning By Laws . c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. ?" r: 2. a ) Premises affected are land X and building(s ) X ' numbered Street . r b) Premises affected are property with frontage on the North ( ) f South ( ) East ( .) west (X) side of chestnut St. Street , and known as No. 671 Chestnut St. Street . c) Premises affected are in Zoning District I-1 , and the premises affected have an area of 573,650_+ square feet and frontage of 943. 07 feet . 3. Ownership a) Name and address of owner (if joint ownership, give all names ) : Jefferson Office Park, Limited Partnership, 39 Brighton St. , Allston, MA Date of Purchase April 1, 19$4 Previous Owner Paul Quinn, Jerry F&nnell b) If applicant is not owner , check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: 123{ front; 31± feet deep; Height 2-1/2 stories; 32±_^feet . a) Approximate date of erection:— Spring 1987 b) Occupancy or use of each floor: Day care c ) Type of construction: wood frame 5. Size of existing building: 123± feet front; 37+ feet deep; Height 2-1/2 stories; 32+- feet . { a) Approximate date of erection: 1942-1943 I! b) Occupancy or use of each floor: Barn c ) Type of construction: Wood Frame ' 6. Has there been a previous appeal , under zoning, on these premises? Yes _ If so, when? May 13, 1985 Withdrawn without prejudice i , f; r , Ia 7 . Description of relief sought on this petition Special Permit Day care center; zoning setback requirements on a pre-existing non-conforming structure. 8. Deed recorded in the Registry of Deeds in Book 180.9 Page 172 Land Court Certificate No. ---Book _Page The principal points upon which I base my application are as follows: (must be stated in detail ) SEE ATTACHMENT I I agree to pay the filing fee, advertising in newspaper , and incidental expenses* Signature of Petitioner s ) Every application for action by the Board shall be made on a form 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 mere 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. O Every application shall be. submitted with a list of "Parties In Interest" whiFh 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 for any and ' a11 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 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 INTEREST ,<. I Name Address SEE ATTACHMENT II 1 (use additional sheets if necessary) n ,, i PLAN OF LAND TO ACCOMPANY PETITION Each application and petition to the Board shall, be accompanied by five ( 5) copies ofIthe following described plan: The size of the plan shall be 11 x 17, drawn to scale, 1 inch equals 40 feet, i. ' ,shall have a north point , names of streets, zoning districts , 'names and addresses of owners of properties within a minimum of, 200 feet of the subject property, property lines and location of buildings on surrounding properties . The ; location of buildings or use of the property where a variance is requested and distances from adjacent buildings and property lines shall be verified tin the field and shown on the plan. The, dimensions of the lot 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 , notedt`on the plan as such, and marked "approximate" . 1.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 . If living quarters 11 ,.,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: 1. 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 ail "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, 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 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 by a registered engineer or land surveyor , of the parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: 1. The dwelling(s ) , structure(s ) , or building(s ) were constructed 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 8 1/2 x 11 inches and must'i'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 signatures , as ';well as adequate space for the following information: date of filing , date of public hearing , and date of approval . r Attachment I The principal points to which I base my application on areas follows: There currently exists a barn which was erected at a time which conformed to zoning. This applicant wishes to convert the existing barn into a day care center to serve the employees of the office park and the Town of North Andover? as allowed under section 4.129 paragraph 17. The building inspector has determined that the proposed day care center is a change in use and does not meet the setback requirements for an industrial I district. It is our opinion that a proposed daycare center will enhance the neighborhood as well as the town economically and esthetically. The pavement within 50 ' of a residential zone is necessary to provide access and parking for the day care center and additional parking for the Jefferson Office Park. Attachment II List of Parties in Interest Jefferson Office Park 39 Brighton St. Allston, MA 02134 General Store Trust Joseph Barbagallo Tr. 1 Westwood Circle N, Reading, MA 01864 Gilbert Rea 44 Rea St, N, Andover, MA 01845 George & Charlotte Rea 671 Chestnut St. N. Andover, MA 01845 Edward & Gloria Schwarz 27 Annis St. N. Andover, MA 01845 John & Nancy McDowell 27 Annis St. N. Andover, MA 01845 The willows 815 Turnpike St. N. Andover, MA 01845 Charles & Marilyn Carrel 731 Chestnut St, N. Andover, MA 01845 Josie Bredbury 710 Chestnut St. N. Andover, MA 01845 Rea-Land Assoc. Realty Trust c/o Osgood Assoc. 424 Andover St. N. Andover, MA 01845 Alexander J. McGregor P. 0. Box 412 N. Andover, MA 01845 Louis J. Kmiec, Jr. 1001 Turnpike St, N. Andover, MA 01845 Willow Tree Trust 91 Montvale Ave. Stoneham, MA 02180 J. K. Realty Trust 757 Turnpike St. N. Andover, MA 01845 Power Test Realty Company 175 Sunnyside Boulevard Plainview, NY 11803 Rte. 114 Realty Trust c/o Atty. J. F. Ogozalek Jr. 10 Center St. Chicopee, MA 01014 Henry T. Bolton 13 Florence St. Andover, MA 01810 Sakowich R.T. Anthony Sakowich Tr, 26 Oriole Dr, Andover, MA 01810 Ciento Assoc. L.P. 2 Elm St. Andover, MA 01810 William P. Galpin 321 Ipswich Rd. Boxford, MA 01921 Associated Condo. Corp. 793 Turnpike St, N. Andover, MA 01845 Helen M. Kellner 920 Turnpike St. N. Andover, MA 01845 C & P Realty Trust 31 Flagship Dr. N. Andover, MA 01845 Cornelius J. & Mary Ellen Van Deventer 57 Mill Rd, N. Andover, MA 01845 Donald F. & Nancy A. Johnston 114 Boston St. N. Andover, MA 01845 !Tf EIVED DANIEL k C qK fist AND OVER }�a�CNus� TOWN OF NORTH ANDOVER vwr MASSACHUSETTS BOARD OF APPEALS TO: Parties in Interest FROM: Board of Appeals SUBJECT: Jefferson Office Park Limited Partnership . Petition No. 30- ' 85 DATE: May 15, 1985 The above captioned petition was withdrawn without prejudice on Monday evening, May 13, 1985. Therefore, no decision will be rendered by this Board.