HomeMy WebLinkAboutDecision - 1077 OSGOOD STREET 5/20/1985 ti
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NOTICE OF DECISION
Date. . .May. 20, .1985 . . . . . . . . . . . . . .
March 18, 1985.
Date of IieL ein April 22; • 1985
Angus Realty Trust, Kenneth Yameen
Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pi.emises il'Cected . . . . . . . .
1077 Osgood. Street, North Andover
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rci'errillg Lo the above peLAW11 fog.' a special hermit from the r,equire III ents
of the . .North.A�nc 1ou qr .ZR►)inq.Qylaw,,Section ,4..,1.33(d) . . . . .
so as to permit . . . . . . . . Con5trggti9p, within ,250 feet of Lake Cochichewick
After a public hearing; p,iven on the above elate, t i.e Planning Board voted
to DISMISS he Application without prejudice for want of jurisdiction
based 11pon Hle f'ollowinif; colidil.ion:;;
see attached
Sip,�ned
Michael P. Roberts, Chairman
Paul A. Hedstrom, Vice Chairman
John A. James,Jr. ,Clerk
John J. Burke
Erich W. Nitzsche
151a.fining Board
R t r l 111 J Y I B ll
TUb`K' T; N OF NORTH ANDOVER
NOFif!i ;0-'i;0VERHASSACHUSETTS
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ASS^cHUSEt�y
May 20, 1985
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, MA 01845
I
Re : Angus RealtyTrust (Butcher Boy) - 1077 Osgood St.
Special Permit Request in the Watershed District
Section 4. 133(d)
c
Dear Mr. Long :
The North Andover Planning Board held a public hearing on Monday evening,
March 18, 1985, in the 'I 1wn Office Meeting Room upon the application of Kenneth
Yameen, Angus Realty T -us North Andover, MA. The hearing was advertised
in the Lawrence Eagle Tr bune on March 4 and March 11, 1985. The following
members were present : I 'aul A. Hedstrom, Chairman ; Michael P. Roberts, Vice
Chairman ; Erich W. Nitz,. she; Joahn A. James,Jr. ,Clerk; and John J . Burke.
The petitioner seeks z: Special Permit under Section 4. 133(d) of the North Andover
ZOning Bylaw, which req wires a Special Permit to allow construction to occur 250 feet
horizontally from the ann,.ial mean high water mark of Lake Cochichewick. The premises
is known as 1077 Osgood Street, located on the .East side of said road. The lot is both
situated in the General Business District and Watershed Zoning Districts. Said lot
contains 5+ acres of land area with 650 feet of frontage.
At the hearing, Attorney Thomas Caffrey, the applicants representative presented
the proposed plans.
- Mr. Yameen would like to construct a new complex to house his present business,
and lease out the remaining space to tenants. A portion of this building will be within
250 feet of Lake Cochichewick, the towns water supply.
- Sewage is available for the site: The best use and plan for the site is to combine
the buildings. This will provide for better site development.
- The site was rezoned to accomodate the larger buildings proposed. The Yameen's have
been contemplating thi, -iddition for sometime.
- The drainage on the si 2 i, being altered to drain away from the Lake. The complex
will connect to the sewer
An'qus Realty Trust
Special Permit -P
Section 4. 133(d)
Page 2.
The Planning Board in-jrr -,d Attorney Caffrey that this proposal which
incorporates a retaining will' will require a hearing before the Board of Appeals
under the 'No Cut' Section 4.133(c) of the Bylaw.
The matter was placed on the April 22, 1985 Agenda to get Board of Appeals Input.
At the April 22, 1985 r,ieting the retaining wall was placed on the plan so as to
not infringe upon the no c,.,jt area within 150 feet of the lake.
In accordance with Massachusetts General Laws, Chapter 40A, Section 6, the Special
Permit must be 'issued (prior to the first publication on the change proposed to the
zoning ordinance) so as not to be effected by a change In the zoning ordinance or
bylaw'. therefore, this Special Permit was not issued prior to publication and is
controlled by the changes enacted at the 1985 Annual Town Meeting. Thus, the Board
of Appeals will acquire jurisdiction on such lots and will act on Special Permit requests
during the moratorium.
The following members were present and voting at the May 20, 1985 meeting when
the Board made their motion on the pet'ition : Michael P. Roberts, Chairman; Paul A.
Hedstrom, Vice Chairman; John J. Burke; John A. James,Jr. ,Clerk; Erich W. Nitzsche.
Upon a MOTION made L l Mr. Nitzsche seconded by Mr. Burke
the Board voted to DISM,�)S THE APPLICATION OF ANGUS REALTY TRUST WITHOUT
PREJUDICE FOR WANT 0--' J� RISDICTION.
Sincerely,
PLANNING BOARD
Michael P. Roberts
Chairman
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