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Home My WebLink AboutCONDO CONVERSION LEGAL CORRESPONDENCE OFFICE OF TOWN COUNSEL ELLIS BUILDING 95 MAIN STREET SFP20,48 TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 1 OF NORTH PLANNIN D 0 0 RALPH R.JOYCE 10- TOWN COUNSEL 2 (617) 685-4555 SACHUS September 13, 1984 Planning Board PAUL A. HEDSTROMF CHAIRMAN 120 Main Street North Andover, MA 01845 RE: CONDOMINIUM CONVERSION ZONING BY LAW Dear Mr® Hedstrom: I reviewed you letter of September 12, 1984 with respect to the plans submitted on the so-called Campion Hall property. Your inquiry is as to whether the proposal submitted by the developers is within the "intent and purpose" of the by law. These concerns are specifically set out in Section 12.1 and provide as follows: 1® To permit existing buildings or large tracts of land in residence districts 1,2 and 3 to be converted to single family condominium dwelling units, such units to be compatible with the residential district. 2. To create new housing involving relatively little new construction 3. To generate tax revenue to the Town 4. To preserve existing buildings 5® To preserve the residential character of the Town 6® To preserve open space in the Town. The answer to all of the above questions are subjective determinations within the jurisdiction of the Planning Board and Town Counsel will not under any circumstances substitute his descretion for that of an elected offical ® Ultimately whether the special permit issues, together with the approval or disapproval. of the adjacent subdivision, is a decision of the Planning Board® However, I see nothing in the by law which prohibits taking an existing parcel, adding additional adage, redefining lot lines, constructing roadways under subdivision control, etc. all of which seems to be contemplated by the present developer. The requirements of maintaining and restricting development on open space pertain to that portion of the land which is dedicated to condominium use. Accordingly, I believe the proposal as submitted is within the pervue of the Planning Board and you may act as you see fit. ver r you. , 1r' ' . mph : oy RRJ:mjj MUM MR TOWN OF NORTH ANDOVER M A S SAC H S E T T S NORTI� OL FO A °•.ro•e `1`i �SSACHl15E� September 12, 1984 Attorney Ralph R. Joyce, Town Counsel 95 Main Street North Andover , Mass. 01845 Re: Condominium Conversion Zoning By Law Dear Attorney Joyce: A proposal has been submitted to the Planning Board to convert the buildings at 1518 Great Pond Road, known as "Campion Hall", to thirteen condominium units . In conjunction with the request for a Special Permit to convert the structures on the 15 acre parcel , a preliminary subdivision plan has. been submitted proposing a road to accommodate fourteen lots on a 16 acre parcel , with the remaining 3 acres being used to construct the road . As you are probably aware, a Special Permit was granted in March of 1983 to a previous owner to convert the existing dwellings lo- cated on 26. 6 acres to twenty-four condominium units . Since the new owners have acquired additional land, the property now con- sists of 34 acres . The question has been raised as to whether or not the proposal to convert the structures and construct a roadway is consistent with the intent and purpose of the Zoning By ,Law . Specifically, I refer to Section 12, Paragraph 12. 2 ( 2) ( 6) , which is enclosed for your review. Also enclosed for your review are the plan submitted showing the existing structures to be converted, and the proposed roadway and the Board' s previ,ous,' decision, dated .March 14, 1983 . If you need and additional information, please contact the Planning Board office . M r Attorney Ralph R. Joyce, Town Counsel September 12, 1984 Page 2 I hereby request that you provide the Planning Board with your interpretation of whether or not the plans as submitted are within the intent and purpose of the Zoning By Law. Your earliest response is appreciated . Sincerely, PLANNING BOARD Paul A. Hedstrom, Chairman jw Enc. 3 i OFFICE OF TOWN COUNSEL ELLIS BUILDING 95 MAIN STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 p16RTM 9 e 3a4t 4 6*N0 e L RALPH R. JOYCE ° �» TOWN COUNSEL 1617 685-4555 *fir spOan,en~^°"y�y SS HU5 September 21, 1984 Planning Board PAUL A. HEDSTROM, CHAIRMAN 120 Main Street North Andover, MA 01845 RE: CONDOMINIUM CONVERSION - "CAMPION HALL" Dear Mr. Hedstroms In regards to your letter of September 14, 1984 inquiring as to the effect of the outstanding special permit on the above cited property, please be advised that a special permit once granted, with all appeals therefrom final, creates a property right which, like any other property interest, may or may not be utilized by the holder thereof. The Planning Board is obligated to render a descision on the present application in accord with the considerations I outlined in my previous letter® l � Yor r ... .. Ve � y r yce " RRJsmjj ON r MINH BOARD TOWN OF NORTH ANDOVER MASSACHUSETTS f HORTM 4 O tT�e° a tip 7SSICHUSEt i September 14, 1984 Attorney Ralph R:r ''Joyce, Town Co,unse_L 95 Main Street North Andover , Mass . Re: Condominium Conversion - "Campion Hall" Dear Attorney Joyce: As I outlined in my letter of September 12, 1984, a proposal to convert the structures located at 1518 Great Pond Road, known as "Campion Hall" , to thirteen condominium, units has been submitted to the Planning Board for approval . Since a Special Permit was granted to the previous owner to convert the structures located on 26. 6 acres to twenty-four units in March of 1983, the Planning Board requests your legal opinion as to the validity of allowing the conversion of the structures now located on 15 acres to thirteen units . Your response prior to September 24, 1984 is appreciated. Sincerely, PLANNING BOARD Paul A. Hedstrom, Chairman Jw a1 °ro-� C� �.ay.ea r�" fir ',� NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE H a IAI 124 Main Street !la Cpl NorUi Andover, AUG 0 elm 686-382`I L B!:l/ To: No. Andover Planning Board IPLANNING Re From: G1.P ief.V.DInc.1 off Gt .Pd.Rd,,..liardcourt Condo CoN aver s i on w��*°w°°w w, Enclosed with my recommendations and comments is a copy of a letter I had submitted December 13, 1982 for a special permit for "Hardcourt Manor" . Water supply for both the condo conversion and the proposed subdivision should be supplied by a looped system from Bonney Lane to Great Pond Rd. to include hydrants for the existing building and for the proposed subdivision for fire protection. With regard to condo conversion only: An automatic fire warning system must be installed in accordance with MGL Chapter 148 Sec. 26B in accordance with 527 CMR 24 .07 (3) . In addition to this requirement the developer should be more explicit as to the uses of the proposed recreation area. In particular the two lounge areas, which would be a common use area, in a building which is primarily residential . Maximum compartmentation should be achieved for fire protection between dwelling units for this renovation. An access road is needed to the rear of the building for fire department use . William Dolan Fire Chief N.A .F.D . l NORTI� o: OF 6 OL NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS o . R w '" 124 Main Street O"ATED SE North Andover, Mass. 01845 Tel. 686-3812 13 ,Decembmr 1982 i 5 To: North Andover Planning Board From: Fire Chief Dolan: Subject: Special PerMit_- ondo-Conv!rrsion "Hardcourt Manorte',, The primary concern I have for this conversion is for an adequate water supply for fire: protection. The existing hydrants are not suitable for fire department use because of size, location and, the reliability of the existing ma:.Jn. Trro new hyrtrsnts need to trim installed and these should be on a looped system from,,Bonney ,Lane. An accsss road' Is nr.et`ied 'to the rear of thn building for fire department use. An automatic fist` warning system must be installed in accordance with Masts 'General' Laws Chapter 148 Section 26 B. I would also: like to know the planned method of heating the units. Is the whole complex to be fed from the exi_st`ing heating system or are individual heating units to be installed? on t?n® whole I feel. that allot more' discussion nrd planning needs to be done. Respectfully: ffilil,am V. Dolan Chid N.A.F.D. LAW OFFICES OF NORMAN M. SHACK WILLIAM P. SHACK NORMAN M.SHACK, P.C. 420 COMMON STREET WILLIAM P.SHACK LAWRENCE, MASSACHUSETTS 01840 (ADMITTED MASS.$N.H.) TELEPHONE(617)688-0292 October 15 , 1984 L North Andover Planning Board North Andover Town Hall North Andover, Massachusetts 01845 Re: G.P.V. , Incorporated - Hartcourt Manor D V Attn: Karen I I' Dear Sir: PLANNING OA 4d We are at the present time requesting that the con- dominium conversion be withdrawn pending the approval of our subdivision as we have a buyer for the estate as a single residence. Therefore at this time we are requesting that the order of conditions be issued for the subdivision so that we may proceed with definitive drawings. Very truly yours , William P. Shack ✓ ' ` WPS:kt `.• �,�:v�:t,�a !!' , .;�-��t-cam-- ��C'�( ="'`,�