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HomeMy WebLinkAboutMiscellaneous - 1028 Salem Streeta I -M LEGAL NOTICE 4 TOWN OF NORTH ANDOVER Town of North Andover NORTH i OFFICE OF COMMUNITY E � i DEVELOPMENT AND OFFICE OF "10 '6'E�< 1 SERVICES i 146 Main Street - COMMUNITY DEVELOPMENT AND SERVICES 1040 North Andover, l ►. Massachusetts 01845 146 Main Street Notice is hereby given, that t "e Board o, Appeals will hold a pub- North Andover, Massachusetts 01841 �, °o, ' MaVSs, lic hearing at the Seniorl Citizen's Center located at the rear of Town Hail! Building, 120 MainlI Street, North Andover, I MA on Tuesday the 8th day of October 1996 at 7:30 o'clock P.M. to all parties interested in the appeal of Foscor Realty Trust, requesting a Vari- ance under Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaws per- mit relief of the required area to allow for division of property into three lots. Said premise is located at 1028 Salem Street which is in the R-1 Zoning ice 1S hereby y g 1V en that the Board of Appeals will hold a District. Plans are avail- ,lic hearing at the Senior Citizen's Center located at the able for review at the Office of Community Develop -r of Town Hall Building, 120 Main Street, North Andover, ment & Services, Town Hall Annex, 146 Main on Tuesdaythe 8 th da of October 1996 at 7:30 Y Street. lock P.M. to all parties interested in the appeal of By the Orderoealsf the Board of Appeals cor Realt Trust requesting a Variance under Section 7, Y i q g William J. Sullivan, agraph 7.1 and Table 2 of the Zoning Bylaws permit Chairman From the Office of: ief of the required area to allow for division of Atty160 ;perty into three lots Pleasant treetr. 160 Pleasant Street i . No. Andover, MA 01845 I (508) 6853551 Oct. 1 E -T =Sept. 24, , �d premise is located at 1028 Salem Street which is in 1996 R-1 Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish Eagle Tribune 9.24.96 & 10.1.96 The applicant is responsible for payment of the legal fee. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ` TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION dQ�oEESeAFD ft Aw MGRf� e��Oo��A Dec1q 9 zi AN '56 Property: 1028 Salem Street Foscor Realty Trust I Date: December 24, 1996 1028 Salem Street Petition: 036-96 or fiearinct: !-�z The Board of Appeals held a special meeting on Tuesday evening, December 17, 1996 upon the petition of Foscor Realty Trust requesting a Variance under Section 7, Paragraph 7.1, seeking relief of lot dimension area. The following members were present and voting: William Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris & Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on September 24, 1996 & October 1, 1996 all abutter were notified by regular mail. Upon a motion by Raymond Vivenzio'seconded by Joseph Faris the Board voted to accept the request to deny the petition in lieu of a withdrawal. The following members vote unanimously to deny the petition: William Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris and Ellen McIntyre. Board of Appeals William Sullivan, Chairman 6 LA IL # 9SSNCHUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION REaE�1��` JOYCE � A'd � W TOW . DEC 921AN156 Property: 1028 Salem Street Foscor Realty Trust I Date: December 24, 1996 1028 Salem Street Petition: 036-96 Date of Hearina: The Board of Appeals held a special meeting on Tuesday evening, December 17, 1996 upon the petition of Foscor Realty Trust requesting a Variance under Section 7, Paragraph 7.1, seeking relief of lot dimension area. The following members were present and voting: William Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris & Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on September 24, 1996 & October 1, 1996 all abutter were notified by regular mail. Upon a motion by Raymond Vivenzio; seconded by Joseph Faris the Board voted to accept the request to deny the petition in lieu of a withdrawal. The following members vote unanimously to deny the petition: William Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris and Ellen McIntyre. Board of Appeals William Sullivan, Chairman TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION ROE¢1� JOYCE - A � t#AM► DEC 1q 9 21 AM 156 erty: 1028 Salem Street Foscor Realty Trust Date: December 24, 1996 1028 Salem Street Petition: 036-96 North Andover MA 01845 Date of Hearinq: The Board of Appeals held a special meeting on Tuesday evening, December 17, 1996 upon the petition of Foscor Realty Trust requesting a Variance under Section 7, Paragraph 7.1, seeking relief of lot dimension area. The following members were present and voting: William Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris & Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on September 24, 1996 & October 1, 1996 all abutter were notified by regular mail. Upon a motion by Raymond Vivenzio, seconded by Joseph Faris the Board voted to accept the request to deny the petition in lieu of a withdrawal. The following members vote unanimously to deny the petition: William Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris and Ellen McIntyre. Board of Appeals William Sullivan, Chairman NoRTiy 0* � A SSACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk �E ,�01''G Aon ,Aw AWAV, tJ I DEC Zq 9 91 AN '56 NOTICE OF DECISION Property: 1028 Salem Street Foscor Realty Trust Date: December 24, 1996 1028 Salem Street Petition: 036-96 North Andover MA 01845 Date of Hearing: he Board of Appeals held a special meeting on Tuesday evening, ecember 17, 1996 upon the petition of Foscor Realty Trust requesting Variance under Section 7, Paragraph 7.1, seeking relief of lot imension area. The following members were present and voting: William ullivan, Raymond Vivenzio, John Pallone, Joseph Faris & Ellen cIntyre. he hearing was advertised in the Lawrence Eagle Tribune on September 4, 1996 & October 1, 1996 all abutter were notified by regular mail. pon a motion by Raymond Vivenzio, seconded by Joseph Faris the Board oted to accept the request to deny the petition in lieu of a ithdrawal. The following members vote unanimously to deny the etition: William Sullivan, Raymond Vivenzio, John Pallone, Joseph aris and Ellen McIntyre. of Appeals lliam Sullivan, Chairman A�$' HAY )N f x , �� Received by Town Clerk: SEP 117 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF.APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Foscor Realty Trust 2 Ocean Boulevard Seabrook NIi Address Tel.. 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7-1 and Table _..2_ of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector br other authority. 2. a) Premises affected are land x and building(s) x numbered �n�R Sa�Pm Street. b) Premises affected are property with frontageon the North ( x) South ( ) East ( x) West ( ) side of Salem Street and the Southeast side of Foster Street. Street, and known as No. 1028 Salem Street. c) Premises affected are in Zoning District R1 premises affected have an area of 140, and the and frontage of fg_g.p feet. 699 square feet 5 of 8 Rev. 06.05.96 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Eleanor Bailey, 2 First Street, Rings Island, Salisbury, MA Date of Purchase Inherited - Previous Owner. Richard and Elva Stang b) 1. If applicant is not owner, check his/her interest in the premises: X Prospective Purchaser Lessee Other 2. Letter of authorization for Variance /Special. Permit required. 4. Size of proposed building: _ 60 front; 26 feet deep; Height 2 1/2 stories; 35 f eet . a) Approximate date of erection: within year b) Occupancy or use of each f loon: residential c) Type of construction: 5. Has there been a previous appeal, under zoning, on these premises? no If so, when? 6. Description of relief sought on this petition Variance of area requirements to allow for division of property into three lots - 7. Deed recorded in the Registry of Deeds in Book 683 Page 566 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) All housing surrounding property is 1 acre in ci7P, variance i-twild allow for highest and best use of property, all utilities are available -Jor project, IeGGPr use of property would create financial hardship to owner. I a r e /dila the filing fee, advertising in 'newspaper, and inc' d n r nses* Rev. 06.05.96 rACL4 Signature of Petitioner(s) 11 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: R1 Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 261,360 140,699 120,661 Street Frontage 175 175+ None Front Setback 30 30+ None Side Setback(s) 30 30 None Rear Setback 30 '30 None Special Permit Request: 7 of 8 Rev 06.03.96 L45 I LiSI':OF PARTIES "OF INTEREST PAGE 1 OF 2 SUBJECT PROPERTY 1028 Salem Street, North Andover, MA MAP PARCEL NAME ::ADDRESS 104D 32 Stang Estate Eleanor Bailey 2 First St., Rings Island, Salsbury, MA ABUTTERS MAP PARCEL NAME I ADDRESS 104D 104D 31 30 Laura Ruiz and Carmen Lo ex Nicholas A. & Janet V 193 Gray Street, North Andover, MA 1 1004 Salpm Sfre-f. North Andover, NA 1 998 Salem Street, North Andover, MA 104D 61 Andrew W. & Alyce June Artimovich I 996 Salem Strppt.. Nor Andnvpr__MA 104D 52 Eugene D. Kleinow 34 Foster Street.. 104D 51 Philip T. & Joyce R. D'Antonio i 42 Foster Street North Andover MA 104D 50 James G. & Jeanne M. Dunn i 46 Foster Street North Andover MA 104D 33 Ruth A. Adie i 22 Boxford Street North An o 104D 69 Robert S. & Gail J. Holleran ' 1049 Salem 104D 70 Robert S. & Gail J. Holleran 1049 Salem Street North.Andover. MA 104D 47 Albert P. & Kathleen Manzi 72 Foster Street North Andover, 106A 60 Jay J. & Nancy E. Stefanowicz 1044 Salem Street N i i i i I f I i I i CERTIFIEDB^ ASSESSOR'S OFFICE -ATE Rev, 06.05.96 ` 14 / t'' V I O 7,9v- 092 6.3 Ii WILLIS and WILLIS Attorneys -at -Law 160 Pleasant Street North Andover, Massachusetts 01845-2797 Telephone (508) 685-3551 JOHN J. WILLIS JOHN J. WILLIS, JR. 0 December 16, 1996 North Andover Board of Appeals Town of North Andover Town Hall North Andover, MA Fax (508) 794-8363 OF APPE4S Re: Foscor Realty Trust Variance Request property at 1028 Salem Street, North Andover, MA Gentlemen: Please be advised that Foscor Realty Trust has entered into an agreement for sale of the property to Albert Manzi, Jr..and Albert Manzi, III or their nominees. The applicant hereby requests a withdrawal of its variance application. The applicant would require no further action from the Board than acceptance of its withdrawal. &rforisFoOscor Realty Trust JJW:C TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01845 GEORGE PERNA DIRECTOR MEMORANDUM To: Board of Appeals From: J. William Hmurciak, PE, Assistant Date: November 12, 1996 Re: Proposed Sewer extension to 1028 by Foscor Realty Trust Telephone (508) 685-0950 Fax(508)688-9573 I have been asked to comment on the proposal of Foscor Realty to extend the Municipal Sewer on Salem Street in conjunction with a request for an area variance of the property at 1028 Salem Street. A review of our records show that the proposed extension would provide access to service by the Sewerage system to an additional 6 homes as well as the three homes proposed by the Petitioner. In addition, it would extend the present terminus of the system an additional 800 plus feet on Salem Street. The design of the existing piping on Salem Street allowed for a gravity feed from the intersection of Boxford, Foster and Salem Streets back to the sewage pumping station at Coventry Estates. Further extensions down these roads are anticipated as the septic disposal systems on individual lots fail in the future. The existence of municipal sewerage in the area will become more and more of a crucial issue to the landowners affected and the Town at Large. Any extension of the existing system is always in the best interest of the Community At Large. When such an extension can be provided at no cost to the Town, it becomes even more advantageous. Please advise if you have any questions or require additional information. Mr. Willian Sullivan amr m,Board of Appeal Town of No.ArdxErAss. i DEC 1 0 IJCD $� OF APPEALS Re: 1028 Salen St. Applicaticn for Dari arm,Foscor Realty Tn st,TYmnti-y Willis Applicant LBar Mr. Sullivan, This letter is written so that it will be read into the record .by you at the public hearing on Iboarber 10, 1996.I an gettirg nmried on Decarber 8, 1996 and will be a it of town at the tirre of the public heariT. I recently purdused 34 Foster St. Nb.Andmr frau agene Kleirnw aryl reside there r -m I an a direct abater to the parcel before ycuo recently p zdiised by the Willis family bort aat of New RiTdire. That parcel being 1028 Salem St,sare 3 acres of lam with a house. I Txu�d lilp- the board ard evu3cm present k-og that as a life lorg resident of I\b.Aibver,ard a direct ab-tter, I can mt let dus variance pass. I can n -)t belimue thLs board uuAd allow dus apphcaticn ■..I .- of the •n xuters reacted• , -■1rg regarchrg fiztherdevelcppat in dus tcou• I e • • us ■ ■ - Board • • . ■ . criticized i I ■•:r • •• SOI 1 Mr. Qiai= ard nuTbers of the Board of Appeals, As an abittor I wish to state that there is ru allow d-iLs variame to be appraved. I paid a preim price to nu�e into a miftoAmod widi tAD .J -is rodm-g specialor 1 • - . ■• I tins prcperty. It• • beindercgatimof ■ - murg by L -*s to J .I dus variameas■ • acreaymrgis in kaepirg ■ ■ -aesdieticsof ■ - area. 41 ■- ..■ .■ ■ • • ■ 1 .1 .I A- 7- J .I I .• �1■. ■ .1 • ..1 .• •. • Arft r R. Deror"a 34 Fuer St. I\b.AxhEr,Mass. 10845 December9,1996 U' I DEC 1O...��; Zoning Board of Appeals LOLARD Town of No. Andover OF APPF,� William Sullivan, Chairman Re: Application for Variance 1028 Salem St. No. Andover, MA. Timothy- Millis Applicant. Dear Board Members: Although my teaching schedule prevents me from personally- attending the public hearing regarding this application for a variance, l would like to express any opposition as a direct abutter to the property- referenced above. Please read my letter into the public input portion of the hearing to register my opposition as a matter of public record. it is my understanding that there is significant interest in utilization of the entire premises in - manor that does not rewire any variance from the provisions of zoning. Because the property can clearly be used in its present state for purposes consistent with the applicable zaning by law, there can be no finding of hardship. There is no valid reason why the intent of the Zoning Bylaw should be overlooked. The Zoning Bylaw should be enforced, and the petition should therefore be denied. There is nothing wrong with a single family- house on a three acre parcel in a neighborhood where our town voters have determined tato acre zoning be appropriate. My opinion is based not only as an adjoining land owner, but also as an original member of the Selectman's Balanced Growth Steering Committee who authored the proposed zoning change from one to two acre zoning w=hich currently exists in this district. Sincerely, i 6?, '9114" Kathleen A. Manzi 72 Foster St. No. Andover; MA- 0184-5 WILLIS and WILLIS Attorneys -at -Law . 160 Pleasant Street North Andover, Massachusetts 01845-2797 Telephone (508) 685-3551 JOHN J. WILLIS JOHN J. WILLIS, JR. November 12, 1996 Board of Appeals Town of North Andover Town Hall North Andover, MA 01845 Re: Foscor Realty Trust Variance: 1028 Salem Street Gentlemen: Fax (508) 794-8363 In light of the fact that there will not be a full board of five members present on November 12th, 1996 to hear the balance of the evidence to be presented and to vote on the above -captioned variance, the applicant hereby requests a continuance of the public hearing to your meeting on December 10th, 1996. The applicant hereby waives any time constraints on your decision making process either by statute or otherwise. WrneoriFoscor* JrRealty Trust JJW:C GEORGE PERNA DIRECTOR TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01845 D ; t \r,4 r 'tsu �°9^art, •va`_q`J/ MEMORANDUM To: Board of Appeals From: J. William Hmurciak, PE, Assistant Dire t, k Date; November 12, 1996 Re: Proposed Sewer extension to 1028 Salem Sti :et by Foscor Realty Trust Telephone (508) 685-0950 Fax (508) 688-9573 I have been asked to comment on the proposal of Foscor Realty to extend the Municipal Sewer on Salem Street in conjunction with a request for an area variance of the property at 1028 Salem Street. A review of our records show that the proposed extension would provide access to service by the Sewerage system to an additional 6 homes as well as the three homes proposed by the Petitioner. In addition, it would extend the present terminus of the system an additional 800 plus feet on Salem Street. The design of the existing piping on Salem Street allowed for a gravity feed from the intersection of Boxford, Foster and Salem Streets back to the sewage pumping station at Coventry Estates. Further extensions down these roads are anticipated as the septic disposal systems on individual lots fail in the future. The existence of municipal sewerage in the area will become more and more of a crucial issue to the landowners affected and the Town at Large. Any extension of the existing system is always in the best interest of the Community At Large. When such an extension can be provided at no cost to the Town, it becomes even more advantageous. Please advise if you have any questions or require additional information. WILLIS and WILLIS Attomeys-at-Law 160 Pleasant Street North Andover, Massachusetts 01845-2797 Telephone (508) 685-3551 JOHN J. WILLIS JOHN J. WILLIS, JR. October 21, 1996 North Andover Board of Appeals Town Hall North Andover, MA 01845 Fax (508) 794-8363 Re: Application of Foscor Realty Trust of Seabrook, N. H. for Variance at 1028 Salem Street Gentlemen and Madam: Please consider this letter a formal agreement to extend your time for determination of the above -captioned matter beyond that required by the Statute, if required, to and including November 18, 1996. Foscor Realty Trust by its_attorney JohA \J. W.Alis, Jr. JJW:C Ire • so)(" 0 SEE PLAT NO. 106 v i SEE PLAT,; Na 104 G ?' fA � \ � � • x e r s ± - low e t • • � / r Rls�.� WpY t m � N• � � 1 /.' • �` \• as � s � � � 0 s 4 w • r / � y\ Ir � 3 t ! � t 1i F N 1� . is w r x b .a Vi i e c fr \ \ -� 10 �` ?t N m • �y m ti r O a �•. •,: , AL 13 go 1✓ ` �' • f v a d 80XFp� t ST, t ,a. SEE PLAT NO. 106 J NEE JO E ARS N0R A Received by Town Clerk: FES TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant ( ,. ' Address / � F(� ei `> �� Tel. *o. 6 al - 11--V7 1. Application is hereby made: a) For a variance from the requirements of Section __/ Paragraph -7,.-L— and Table =� of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected areland and building(s) numbered /0628 Si�1&2W Street. b) Premises affected are property with frontage on the Horth (-< South ( ) East ( ) West ( ) side of 2je 4 Street. Street, and known as No. to &R S)4 ern Street. c) Premises affected are in Zoning District, and the premises affected have an area ofJV square feet and frontage of (3g• feet. 5 of 8 Rev. 06.03.96 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : /7A, 7r—,j P iber-t P TruSfee r M A Z -i ► = Tr Lt-&te.e. Date of Purchase Qom- 91 Previous Owner 12, T b) 1. If applicant is not owner, check his/her interest ' in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: front; feet deep; Height stories; feet. a) Approximate date of erection: /0 b) Occupancy or use of each floor: h � c) Type of construction: 5. Has there been a previous appeal, under zoning, on these premises? )on — If so, when? 6. Description of relief sought on this petitionUpgYo rcl aZ 20 7. Deed recorded iri the Registry of Deeds in Book Page Land Court Certificate No. Book Page The principal points upon which I base my application are as pollows: (must be stated in detail) _I. I I .i - A - -n \ P ..►1) n - r -ns U n I,1 re_._-^.,.&."- 1-6r% /-. �- " ` -_- L-;,0 ML=tf1W-WA& i MMWMQi1&&1WW�VAIiMVLd—W1WW_ MG'S+Ak1LFL1Kfff&[!1+ 'C'a S%N! n q dor ac ce -K<, t'ecv, LZ.n d - I agree to pay the filing fee, advertising in newspaper, and incidental expenses* r gnature of Petitioner(s) DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: � -- 1 Required Setback Exist' Setback o rea or Are Lot Dimension Area i �Y3 , U s �. .Lot Loi Lota2. Street Frontage Front Setback Side Setback(s) Rear Setback Relief Requested I .aK •r���ce� �19, Deg 7of Ma P/ O Y L 2), cone -a[ bg Glb�t m6Ln2-11 7 of 8 Rev 06.03.96 Ele. o ailey 2 F• Street alisbu MA JLaura Ruiz .193 Gray St No. Andover MA 01845 J Carmen Lopex 1004 Salem St No. Andover MA 01845 Nicholas & Janet Artimovieh 998 Salem St No. Andover MA 01845 J Andrew & Alyce Art.i'movich 996 Salem St No. Andover MA 01845 Llean ey 2 Fi treet xsbu , IVIA Laura Ruiz 193 Gray St No. Andover MA 01845 Carmen Lopex 3 , 1004 Salem St No. Andover MA 0.1845 Nicholas & Janet A.rtimovich 3� 998 Salem St No. Andover MA 01845 O Ll Andrew & Alyce Artimovich / J / 996 Salem St / No. Andover MA 01845 J �i—1cr;?4 Eug"o-V4oi!R";� d� 34 Foster Str 34 Foster Str No. Andover MA 01845 No. Andover MA 01845 Philip & Joyce D'Antinio 42 Foster St No, Andover .MA 01845 46 Foster St No. Andover .MA 01845 J Ruth Adie 22 Boxford St No, Andover MA 01845 Philip & Joyce D'Antinio �- 42 Foster St No, Andover MA 01845 46 Foster St � `-cc�b L No. Andover MA 01845 s-0 Ruth Adie 22 Boxford St No. Andover MA 01.845 lju�— ZE Robert & Gail Holleran Robeil & Gail Holleran % U �� 1049 Salem St .1049 Salem St ;4 -7 L No. Andover MA. 01845 No. Andover MA 01845 DEC -16-96 MON 92:19 FM TOWN OF NOPTH A44DOVER Albert & .Kathleen Manzi 72 FoEter St No. Andover MA 01845 Jay & Nance Stefano«ricr 1044 Salem St No. Andover MA 01845 APIA) ,rcJ 2�Y L�qi � tiz �r�4`f ST- �WC(Viti Albert & Kathleen Manzi 7w Foucr St No. Andover MA 01845 53:3 62': '9542 L� 17 Jay &Nance Stcfanowicz 1044 Salem St (p No. Andover MA 01845 P. 02 JOYCE E/�t��icAl�, TOWN 0LE i NORTiy NORTH ANDOVER 3�0.<<,.o MAR AN TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any Appeal shall be filed within (20 ) days after the date of filing this notice in the Office of the Town Clerk Property: 1028 Salem Street Pacific Realty Trust Date: March 17, 1997 72 Foster Street Petition: 005-97 North Andover MA 01845 Date of Hearinct: 3/11/97 The Board of Appeals held a regular meeting on Tuesday evening, March 11,1997 upon the petition of Pacific Realty Trust requesting a Variance under Section 7, Paragraph 7.1 and Table 2 of the Zoning By - Law seeking relief from the required lot dimension. The following members were present and voting: John Pallone, Robert Ford, Scott Karpinski, Joseph Faris, and Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on February 25, and March 3, 1997 all abutter were notified by regular mail. Upon a motion by, Scott Karpinski seconded by John Pallone for the Board to find in favor for a repetitive petition because of specific material changes in this application from the prior application that was denied as such the Board will allow the repetitive petition within a two year period and that such changes are related to reduction from three (3) lots to two (2) lots in the R-1 Zoning District. Voting member were: John Pallone, Robert Ford, Scott Karpinski, Joseph Faris & Ellen McIntyre. Upon a motion by John Pallone and seconded by Robert Ford the Board voted unanimously to allow the petition to withdraw without prejudice. Voting on this motion were: John Pallone, Robert Ford, Scott Karpinki, Joseph Faris and Ellen McIntyre. Zoning Board of Appeals William Sullivan, Chairman F, TELEPHONE (508) 532-8400 March 11, 1997 SCOTT L. MASSE ATTORNEY AT LAW 12 PEABODY SQUARE PEABODY, MA 01960-5654 North Andover Board of Appeals Town of North Andover Town Hall North Andover, MA 01845 FACSIMILE (508) 532-8410 RE: PACIFIC REALTY TRUST PETITION FOR A VARIANCE 1028 SALEM STREET Dear Board Members: Please be advised that the petitioner Pacific Realty Trust hereby requests that their petition for a Variance filed February 18, 1997 be allowed to be withdrawn without prejudice. Furthermore based upon this Board's action in finding specific and material changes between this petition and that previously submitted by Foscor Realty Trust which was denied December 24, 1996, should this withdrawal be allowed, Pacific Realty Trust will proceed to file the appropriate documentation to secure the consent of the Planning Board in order to allow us to re- petition the Board of Appeals for said Variance. Thank you for yotvr consideration in this matter. Sincerely, PACIFIC REALTY TRUST By Its ey cott L. Masse SLM/ham cc: Albert P. Manzi, Jr. Albert P. Manzi, III A - Town of North Andover NORTH OFFICE OF 44 COMMUNITY DEVELOPMENT AND SERVICES 00. - 146 Main Street * _ 94 North Andover, Massachusetts 01845 �, �.,,,,�.r•.X WII.LIAM I SCOTT Director March 10, 1997 Mr. Albert Manzi, Jr. 72 Foster Street North Andover, MA 01845 RE: #1028 Salem Street, North Andover, MA Dear Mr. Manzi: Per your request, this Department has conducted a preliminary assessment of the above referenced property. Enclosed please find the following documents: 1. Town Wetland Maps (dated 1978); 2. FEMA FIRM Floodplain Maps (dated 1993); 3. USGS Topography Map (Lawrence Quadrangle). Wetland Resource Areas: I have reviewed the Town Wetland Maps and conducted a preliminary field inspection of the property. As depicted on the maps, a large vegetated wetland borders on Mosquito Brook and traverses the subject parcel. This resource area covers approximately 40% of the property. In addition, the Riverfront Area likely extends 200' from the banks of Mosquito Brook and places further restrictions on the lot. Floodplain: I have reviewed the FEMA FIRM Maps for the subject parcel. A base flood elevation ranging from 129' NGVD to 132'NGVD extends along the majority of the property and may hamper future use of the property. Topography I would describe on-site topography as "undulating" with unique low spots providing suitable habitat for the creation of wetland resource areas (refer to the enclosed USGS Map). Steep sloped areas exist along the northern and eastern perimeters of the property. Foster Farm, which exists further down Foster Street, is a comparable site. These unique topographic features in conjunction with the numerous ledge outcrops may hamper future use of the property. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION -688-9530 HEALTH 688-9540 PLANNING 688-9535 I trust that this information will suffice, however, if you have any questions or concerns please do not hesitate to contact me. /j' Sincerely, /00014 Michael D. oward Conservation Administrator � ZONE X ZCINIE L Stone it I I \� 101WesL—, v�, �' � � ass' :\��- • `'J. giv � fly%/(� ;;�\�` i _ � _ _ - _• \;,�'I,,. r -_-'i _;�' urse \5&0 GO v \\ �� i , `I' y D I. . � Vii% �% (T - ----- . i _ - p\ _ y�• �- �. • �� �_� �\ •No •Ando er`STATE ' - st Centel \� \ 1 - ° �-; :�, -- I FO ES OACE {• o b - ^: "T lig • �• ' �• - ... d ' _ � (\ '^ - _ ;,\� ;� /i. lam.-. ° � \ W !�•• �� \ '�' i / '�-, 'i� nom. • . ' •.�•�i ., _ ,` Vis., - , � •. - - = ,;;� � - -. -� = \ = � - —'- �" (;; ', !� ' d _/-\ � • / (�`. T (iiia \�. � ���, �• ~' �. An° ' (�' G)6i �-'• .°' � 8 sly,••. � '\• � � • \ I �( •\ -J •( �� 42 �► /ice/��/�� \ �- -��My�,o r �.\`.-\'1`•jl v �o \`\� . - \ \,`�l\.. �� %\3��7ic�t� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Revised per MGL Chapter 40-A, Paragraph 7.5.6.4. Modification of the decision (To clarify the ZBA's intent) Property: 1028 Salem Street Trust Date: April 24, 1997 Petition: 005-97 . A 01845 Hearinq Date: 4/17/97 The Board of Appeals held a regular meeting on Tuesday evening, April 17, 1997 upon the petition of Pacific Realty. Trust requesting a variance under Section 7, Paragraph 7.1 and Table 2 of the Zoning By -Law seeking relief from the required lot dimension. The following members were present and voting: Raymond Vivenzio, John Pallone, Robert Ford, Scott Karpinski, and Joseph Faris. The hearing was advertised in the Lawrence Eagle Tribune on March 26, 1997 & April 2, 1997 all abutters were notified by regular mail. Upon a motion by John Pallone seconded by Raymond Vivenzio to Grant the petition as requested in R-1 Zoning District seeking relief from the lot dimension area to create two separate lots. Lot #1 to be 43,560 square feet (one acre) and lot #2 to be 72,902 square feet (1.7884 acres) and a Parcel "A" 50 foot right of way as shbwn on plot plan for Pacific Realty Trust, dated,February 13, 1997. It was determined that the unique shape and topography and wetland on this parcel would create a hardship for the petitioner. Voting members were: Raymond Vivenzio, John Pallone, Robert Ford, Scott Karpinski and Joseph Faris. The petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning By law. The Board finds that the applicant has satisfied the .. Al. .provisions of Section 91 para. 9.1 of the Zoning Bylaw and that such change, extension or alteration 'shall not be substantially more detrimental than the existing non- conforming structure to the neighborhood. YOUS The granting of the variance and Spacial permit as regnerted by the applicant does not necessarily ensure the grantinq of a Building permit as the applicant must abide by all applicable local, state and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner, BOARD OF APPEALS, N -William Sullivan, chairman i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS RE EIVED JOYCE RADSHAW TOWN CLERK NORTH ANDOVER APR R I . io PP. '97 NOTICE OF DECISION Any Appeal shall be filed within (20) days after the { date of filinq this notice in the office of the Town Clerk Property: 1028 Salem Street Pacific Realty Trust Date: April 24, 1997 72 Foster Street Petition: 005-97 North Andover MA 01845 Date of Hearid 4 17/97 The Board of Appeals held regular meeting on Tuesday evening, April 17, 1997 upon the petition of Pacific Realty Trust requesting a Variance under Section 71 Paragraph 7.1'and Table 2 of the Zoning By - Law seeking relief from the required lot dimension. The following members were present and voting: Raymond Vivenzio, John Pallone, Robert Ford, Scott Karpinski, and Joseph Faris. The hearing was advertised in the Lawrence Eagle Tribune on March 26, 1997 & April 2, 1997 all abutters were notified by regular mail. Upon a motion by John Pallone, seconded by Raymond Vivenzio to grant the petition as requested in R-1 Zoning District seeking relief from ,the lot dimension area to create two separate lots. It was determined that the unique shape and topography and wetland on this parcels would create a hardship for the petitioner. Voting member were: Raymond Vivenzio, John Pallone., Robert Ford, Scott Karpinski and Jo.seph Faris. Petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not !' adversely affect the neighborhood or derogate from the intent and purpose of the Zoning By law. The variance is in keeping with the general harmony of the area and is compatible with the lot size and number of homes in the neighborhood. Note:'The granting of the Variance and/or Special Permit as requested ,zby the applicant does not necessarily ensure the granting of a {��uilding permit as the applicant must abide by all applicable local, �'state and federal building codes and regulations, prior to the - issuance of a building permit as required by the Building Commissioner. WMLIAM J. SCOTT Director Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 Memorandum To: William Sullivan, Chairman, Zoning Board of Appeals From: Richard Rowen, Vice Chairman, Richard Nardella, John Simons of the North Andover Planning Board Date: April 17, 1997 Re: I Variance request for 1028 Salem Street We are writing to express our concerns regarding the variance request to create two non- conforming lots and one parcel located at 1028 Salem Street. The zoning in this section of Town requires two acres per lot. However, none of lots shown dh the proposed plan meets this requirement. Although we have not heard all of the evidence that will be presented to your Board on this issue, we do not believe that special circumstances relating to soil conditions, shape or topography exist on this site which would cause substantial hardship, financial or otherwise to the petitioner. The two acre requirement was known to the petitioner when he purchased the lot. As the petitioner owns property to the rear of the parcel in question, he can add acreage to the lot to provide sufficient area to create conforming lots. He does not need this variance. Any hardship he is claiming is self created. The applicant does not need Parcel A to access his property to the rear as his property borders on Foster Street. If he wishes to retain access rights he can create an easement across the lot. The fifty foot wide parcel will simply facilitate a roadway in the future, it serves no other purpose. Given the concern regarding the level of development in Town, the two acre minimum lot size requirement, and the recent growth management bylaw, we do not believe that the creation of non -conforming lots and strips is in "the public good". The creation of these lots would substantially derogate from the intent and purpose of the zoning bylaw. We therefore respectfully request that you deny this variance petition. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Rec OFFICE OF JOYCE E COMMUNITY DEVELOPMENT AND SERVICENN 146 Main Street North Andover, Massachusetts 01845 APR 17 1 WU LIAM J. SCOTT'. Director NOTICE OF DECISION Any appeal shall be filled .within (20) days after the date of filling this Notice in the Office of the Town .Clerk. Date April 16, 1997 Date of Hearing April 15, 1997 Petition of 1028 Salem Street - Repetitive Petition Premises affected 1028 Salem Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 10.8 so as to allow repetitive petition within the two year prohibition After a public hearing given on the above date, the Planning Board voted to Approve the repetitive getition based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties Signed Joseph V. Mahoney, Chairman Richard Rowen, Vice Chairman Alison Lescarbeau, Clerk Richard Nardella John Simons Planning Board BOARD OF APPEALS 688-9541 BUMDINO 688-9343 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845,,,, .1 wII.LIAM J. SCOTT Director April 16, 1997 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Repetitive Petition - 1028 Salem Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, April 15, 1997 at 7:30 p.m. in the Senior Center behind the Town Building on the application of Albert P. Manzi Jr., Pacific Realty Trust, 1028 Salem Street, North Andover, MA 01845 requesting a repetitive petition under Section 10.8 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on March 26 and April 2, 1997 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles and John Simons. Richard Nardella was absent. Kathleen Bradley Colwell, Town Planner, was present. The petitioner sought the consent of the Planning Board to re -petition the Zoning Board of Appeals. The premises affected is land numbered 1028 Salem Street, in the Residential -1 (R-1) Zoning District. Atty. Scott Masse was present to represent the applicants for 1028 Salem Street. Mr. Masse sent a letter to the Board outlining the issue. Mr. Masse stated that the ZBA is in favor of the repetitive petition. Ms. Colwell explained that Section 10.8. of the Zoning Bylaw states that when the ZBA denies a petition for a variance no application for the same matter may be heard and acted upon for two years unless: Four or five members of the ZBA find that there are specific and material changes in the conditions, and Only after a public hearing held by the Planning Board at which consent to allow the petitioner to re -petition the ZBA will be considered. BOARD OF APPEALS 688.4543 BUILDING 698-9545 688-9330 HEALTH 688-95413 PLANNING 688-9535 ti i _The ZBA met and determined that there are specific and material changes. The Planning Board is supposed to hear any abutter concerns and make a. decision as to whether there is material changes. Mr. Masse explained that in 1996 the ZBA denied a variance request for relief from.the lot dimension requirements in order to create 3one acre lots. The lots are located on the corner of Salem Street and Foster Street in the R-1 (2 acre) zone. The applicant sought to create 3 one acre lots. The current plan shows 1 one acre lot, one 19,000 SF 50' strip to create access to a back parcel of land, and a 1.7 acre lot. Therefore this plan is different from the original plan. Mr. Simons stated that he does not like this plan. The zoning in this area requires 2 acre lots, one acre lots should not be allowed. Mr. Mahoney stated that the applicant has the right to request a variance from ZBA, that is not the issue before the Planning Board. Mr. Nardella stated that some members have concerns and would like Ms. Colwell to write a letter to the ZBA stating the Boards concerns Mr. Mahoney does not share those concerns. ArManzi Jr. stated that the ZBA meeting all abutters wer6 in favor of the petition. The Board agreed to uphold the ZBA's determination that the new plan has specific and material changes. On a motion by Mr. Nardella seconded by Mr. Rowen the board voted to close the .public hearing. Ms. Colwell had prepared a draft decision for the Boards review. On a motion by Mr. Nardella seconded by Mr. Rowen the board voted 4-1 that the Planning Board find the plan dated 2/13/97 is materially different from the original plan and consented to allow the applicant to re -petition the ZBA. Mr. Simons was opposed. Attached are the conditions. Sincerely, --�. 1), V I Joseph V. Mahoney, Chairman North Andover Planning Board 1028 Salem Street Repetitive Petition The Planning Board herein consents to allow the petitioner as set forth below to re -petition the Zoning Board of Appeals. The petitioner is Albert P. Manzi, Jr., Pacific realty Trust, 1028 Salem Street, North Andover, MA 01845: The petition was submitted on March 14, 1997. The Planning Board makes the following findings as required by Section 10.8 of the Zoning Bylaw: FINDINGS OF FACT: 1. In September of 1996, Foscar Realty Trust filed a Petition with the North Andover Board of Appeals for a Variance from the requirements of Section 7.1 and Table 2 of the Zoning Bylaw requesting relief from the lot dimension in order to create three one acre lots. 2. On December 24, 1996 the Board of Appeals voted to deny the petition. 3. On January 3, 1997, Pacific Realty Trust purchased the subject property. 4. On February 18, 1997, Pacific filed a new petition with the Board of Appeals for a Variance from the requirements of Section 7.1 and Table 2 of the Zoning Bylaw seeking relief from the lot dimension. This petition would allow the creation of a 1.0 acre lot, a 1.7 acre lot and a 19,089 SF parcel to provide access to land owned by the petitioner to the rear of this lot. 5. -Pursuant to Section 10.8 of the North Andover Zoning -Bylaw and MGL Ch. 40A, Sec. 16 the applicant was required to appear before the Zoning Board of Appeals for a determination that there are specific and material changes in the conditions upon which the previous unfavorable action was based due to the fact that the Board had denied the plan less than two years ago. 6. On March 11, 1997, the Zoning Board of Appeals voted to allow the petition due to specific and material changes in this application from the prior application namely the fact that two lots and one parcel will be created as opposed to three lots. 7. On April 15, 1997, the Planning Board held a public hearing to discuss the request for a repetitive petition. The Planning Board voted to allow the petitioner to re -petition the Zoning Board of Appeals. The Planning Board deferred to the Zoning Board of Appeals determination that specific and material changes were present in this application from the prior application. DECISION: The Planning Board herein consents to allow the petitioner to re -petition the Zoning Board of Appeals. Town of North Andover RM OFFICE OF JOYCI , a COMMUNITY DEVELOPMENT AND SERVICESM TOWORTN 146 Main Street North Andover, Massachusetts 01845 APR 17 f WII.I.IAM J. SCOTT . Director NOTICE OF DECISION Any appeal shall be filled IL within (20) days after the date of filling this Notice in the Office of the Town .Clerk. Date April 16, 1997 Date of Hearing April 15, 1997 Petition of 1028 Salem Street - Repetitive Petition Premises affected 1028 Salem Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 10.8 . pd. so as to allOWa repetitive petition within the two year prohibition After a public hearing given on the above date, the Planning Board voted to Approve the renet; ti ve petition based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties Signed -J -Al Joseph V. Mahoney, Chairman Richard Rowen, Vice Chairman Alison Lescarbeau, Clerk Richard Nardella John Simons Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9343 CONSERVATION 688-9530, HEALTH 688-9540 PLANNING 688-9535 .1 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WU 1AM J. SCOTT Director April 16, 1997 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 146 Main Street North Andover, Massachusetts 01845 Re: Repetitive Petition - 1028 Salem Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, April 15, 1997 at 7:30 p.m. in the Senior Center behind the Town Building on the application of Albert P. Manzi Jr., Pacific Realty Trust, 1028 Salem Street, North Andover, MA 01845 requesting a repetitive petition under Section 10.8 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on March 26 and,kpril 2, 1997 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles and John Simons. Richard Nardella was absent. Kathleen Bradley Colwell, Town Planner, was present. The petitioner sought the consent of the Planning Board to re -petition the Zoning Board of Appeals. The premises affected is land numbered 1028 Salem Street, in the Residential -1 (R-1) Zoning District. Atty. Scott Masse was present to represent the applicants for 1028 Salem Street. Mr. Masse sent a letter to the Board outlining the issue. Mr. Masse stated that the ZBA is in favor of the repetitive petition. Ms. Colwell explained that Section 10.& of the Zoning Bylaw states that when the ZBA denies a petition for a variance no application for the same matter may be heard and acted upon for two years unless: Four or five members of the ZBA find that there are specific and material changes in the conditions, and Only after a public hearing held by the Planning Board at which consent to allow the petitioner to re -petition the ZBA will be considered. 6°.BARD OF APPEALS 688-9541 W£L.DG" 6ia-9:�-' C ONSERVAITON V66-9730 HEAUH 6b8-9540 PLANNNG 685 ?53: _The ZBA met and determined that there are specific and material changes. The Planning Board is supposed to hear any abutter concerns and make a decision as to whether there is material changes. Mr. Masse explained that in 1996 the ZBA denied a variance request for relief from.the lot dimension requirements in order to create 3one acre lots. The lots are located on the corner of Salem Street and Foster Street in the R-1 (2 acre) zone. The applicant sought to create 3 one acre lots. The current plan shows 1 one acre lot, one 19,000 SF 50' strip to create access to a back parcel of land, and a 1.7 acre lot. Therefore this plan is different from the original plan. Mr. Simons stated that he does not like this plan. The zoning in this area requires 2 acre lots, one acre lots should not be allowed. Mr. Mahoney stated that the applicant has the right to request a variance from ZBA, that is not the issue before the Planning Board. Mr. Nardella stated that some members have concerns and would like Ms. Colwell to write a letter to the ZBA stating the Boards concerns Mr. Mahoney does not share those concerns. ArManzi Jr. stated that the ZBA meeting all abutters wer6 in favor of the petition. The Board agreed to uphold the ZBA's determination that the new plan has specific and material changes. On a motion by Mr. Nardella seconded by Mr. Rowen the board voted to close the .public hearing. Ms. Colwell had prepared a draft decision for the Boards review. On a motion by Mr. Nardella seconded by Mr. Rowen the board voted 4-1 that the Planning Board find the plan dated 2/13/97 is materially different from the original plan and consented to allow the applicant to re -petition the ZBA. Mr. Simons was opposed. Attached are the conditions. Sincerely, Joseph V. Mahoney, Chairman North Andover Planning Board u _The ZBA met and determined that there are specific and material changes. The Planning Board is supposed to hear any abutter concerns and make a decision as to whether there is material changes. Mr. Masse explained that in 1996 the ZBA denied a variance request for relief from.the lot dimension requirements in order to create 3one acre lots. The lots are located on the corner of Salem Street and Foster Street in the R-1 (2 acre) zone. The applicant sought to create 3 one acre lots. The current plan shows 1 one acre lot, one 19,000 SF 50' strip to create access to a back parcel of land, and a 1.7 acre lot. Therefore this plan is different from the original plan. Mr. Simons stated that he does not like this plan. The zoning in this area requires 2 acre lots, one acre lots should not be allowed. Mr. Mahoney stated that the applicant has the right to request a variance from ZBA, that is not the issue before the Planning Board. Mr. Nardella stated that some members have concerns and would like Ms. Colwell to write a letter to the ZBA stating the Boards concerns Mr. Mahoney does not share those concerns. ArManzi Jr. stated that the ZBA meeting all abutters wer6 in favor of the petition. The Board agreed to uphold the ZBA's determination that the new plan has specific and material changes. On a motion by Mr. Nardella seconded by Mr. Rowen the board voted to close the .public hearing. Ms. Colwell had prepared a draft decision for the Boards review. On a motion by Mr. Nardella seconded by Mr. Rowen the board voted 4-1 that the Planning Board find the plan dated 2/13/97 is materially different from the original plan and consented to allow the applicant to re -petition the ZBA. Mr. Simons was opposed. Attached are the conditions. Sincerely, Joseph V. Mahoney, Chairman North Andover Planning Board 1028 Salem Street Repetitive Petition The Planning Board herein consents to allow the petitioner as set forth below to re -petition the Zoning Board of Appeals. The petitioner is Albert P. Manzi, Jr., Pacific realty Trust, 1028 Salem Street, North Andover, MA 01845: The petition was submitted on March 14, 1997. The Planning Board makes the following findings as required by Section 10.8 of the Zoning Bylaw: FINDINGS OF FACT: 1. In September of 1996, Foscar Realty Trust filed a Petition with the North Andover Board of Appeals for a Variance from the requirements of Section 7.1 and Table 2 of the Zoning Bylaw requesting relief from the lot dimension in order to create three one acre lots. 2. On December 24, 1996 the Board of Appeals voted to deny the petition. 3. On January 3, 1997, Pacific Realty Trust purchased the subject property. 4. On February 18, 1997, Pacific filed a new petition with the Board of Appeals for a Variance from the requirements of Section 7.1 and Table 2 of the Zoning Bylaw seeking relief from the lot dimension. This petition would allow the creation of a 1.0 acre lot, a 1.7 acre lot and a 19,089 SF parcel to provide access to land owned by the petitioner to the rear of this lot. 5. -Pursuant to Section 10.8 of the North Andover Zoning -Bylaw and MGL Ch. 40A, Sec. 16 the - applicant was required to appear before the Zoning Board of Appeals for a determination that there are specific and material changes in the conditions upon which the previous unfavorable action was based due to the fact that the Board had denied the plan less than two years ago. 6. On March 11, 1997, the Zoning Board of Appeals voted to allow the petition due to specific and material changes in this application from the prior application namely the fact that two lots and one parcel will be created as opposed to three lots. 7. On April 15, 1997, the Planning Board held a public hearing to discuss the request for a repetitive petition. The Planning Board voted to allow the petitioner to re -petition the Zoning Board of Appeals. The Planning Board deferred to the Zoning Board of Appeals determination that specific and material changes were present in this application from the prior application. DECISION: The Planning Board herein consents to allow the petitioner to re -petition the Zoning Board of Appeals. s, Town of North Andover NCRTH OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES .: 146 Main Street WILLIAM J. SCOTT North Andover, Massachusetts 01845 �'p��;;;o �:•` �� 9SSAc►+uSE� Director March 10, 1997 Mr. Albert Manzi, Jr. 72 Foster Street North Andover, MA 01845 RE: #1028 Salem Street, North Andover, MA Dear Mr. Manzi: Per your request, this Department has conducted a preliminary assessment of the above referenced property. Enclosed please find the following documents: 1. Town Wetland Maps (dated 1978); 2. FEMA FIRM Floodplain Maps (dated 1993); 3. USGS Topography Map (Lawrence Quadrangle). Wetland Resource Areas: I have reviewed the Town Wetland Maps and conducted a preliminary field inspection of the property. As depicted on the maps, a large vegetated wetland borders on Mosquito Brook and traverses the subject parcel. This resource area covers approximately 40% of the property. In addition, the Riverfront Area likely extends 200' from the banks of Mosquito Brook and places further restrictions on the lot. Floodplain: I have reviewed the FEMA FIRM Maps for the subject parcel. A base flood elevation ranging from 129' NGVD to 132'NGVD extends along the majority of the property and may hamper future use of the property. Topography_ I would describe on-site topography as "undulating" with unique low spots providing suitable habitat for the creation of wetland resource areas (refer to the enclosed USGS Map). Steep sloped areas exist along the northern and eastern perimeters of the property. Foster Farm, which exists further down Foster Street, is a comparable site. These unique topographic features in conjunction with the numerous ledge outcrops may hamper future use of the property. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I trust that this information will suffice, however, if you have any questions or concerns please do not hesitate to contact me. /f Sincerely, 0000% Michael D. Conservation Administrator 7"W4 ZONE'X ZCINIE,< omStone -� �' �, \\ ,\ :` � �s/-_�,Q�` �• 1�� ���� •per _ West- �J=� =Ce - `K4 mon s'• 101 rr n i 1 _�I�III -����� � - - � � 1, `=� — _ - -.o'.�• �\;.. '` ili � _-'( __-���—. ° . i = _ �.` \� _.. \- I`/ /—''^ - 51•g,? \ / 1\. olf - a - ���1,i C• N ,L>� / r-`: jam/ Qy:y --. cJ'� ��/ No ,An do\ er ` - \ \ - -- 51 .1'rAt Ce \ _ \- _ - ^°' PACE •��� �O'I lig .� ���1�0�� - m- -,�.— �����- VAi ! , �, '" � r.. " i� - �``9�1 � �� �i � -� I �1 - i 1,/r •fig. I I _ '.:\' '�_ _-...,r ,.\� _- - �1== `, -J. _ice- � '� J� •�J / \ d/ \rte. �• F I, VLA ), 1 PYA i — � � .�, �, � ,� Ul .� ., ' : \ of//��"`- � s Q � �• �o � � ^\ l ,-- :,\� �� � � � •� _ r � � SNI qs Received by Town Clerk: Fte 42 TOWN -OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONIrNyG ORDINANCE Applicant C' 1 Address/ �4F P b �- Tel. No. & S/ 7 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph Z / and Table a of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered J04R Si}/eoW Street. b) Premises affected are property with frontage on the Mrth (� South ( ) East ( ) West ( ) side of eJ4 Street. Street, and known as No. 104,E S Street. c) Premises affected are in Zoning District, and the premises affected have an area ofj(, square feet and frontage of 63R, feet. 5 of 8 3. Ownership: ` a) Name and address of owner (if joint ownership, give all names) : fru Q, L - E I ber-C P, XQ LZ=.L -e Trusfe IP . M Pt ? z -i , S� r u_Ai'eer Date of Purchase - Previous owner 7- b) 1. If applicant is not owner, check his/her interest ' in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: front; feet deep; Height stories; feet. a) Approximate date of erection: L1q b) Occupancy or use of each floor: c) Type of construction: N �� S. Has there been a previous appeal, under zoning, on these premises? --nn . If so, when? 6. 7. Deed recorded iii the Registry of Deeds in Book%f4E� Page Land Court Certificate No. Book Page The principal points upon which I base my application are as �-\ - - a.. a-1 -TWI --- as f(-.' ) f I` 1 Cw w .� . I agree to pay the filing fee, advertising in newspaper, and incidental asenses* ©fw:���/moi gnature of Petitioner(s) 6 of 8 0 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: — J Required Setback Exist' Setback orea or Sep Lot Dimension � � 1 -Y3 2 s� Street Frontage Front Setback Side Setback(s) Rear Setback Relief Requested i I lot /-eI3, D s.. . Lot -Z.. 9, a1° /,? 7 of 8 T SEE PLAT,/ Na 104 C. t: w � F r, i ►� t S ., �RrsTt Nr Wp f ��, I • ' p j r• ` � a s � � � `� F 4 � � r � � r �', tN 3 t t . w � • ip ::. � • t �.. w � 9C' ' F a � t • �' j 4i� i is v.' • 91 � � � /.�•. If -_ . w it � . � •% � `� �. moo` t • s a - a ��J , ' sr 3 i s �• w Z � c a 4 • O w • tit to " r • Y � r 04 �It� I Nr cx _g sr. r 108 SEE PLAT NO �i .I . ,4ORTN O�tt`'eo ,e gti0 OL N41 9 a g s ,Ts,c u5E TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen Center located at the rear of the Town Hall Building, 120 Main Street, North Andover, MA on Tuesday the 11th day of March, 1997 at 7:30 o'clock P.M. to all parties interested in the appeal of Pacific Realty Trust, Albert P. Manzi, Jr., AND Albert P. Manzi, III Trustees of 72 Foster Street, No. Andover, MA requesting a Variance from the requirements of Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw. Said premise is located at 1028 Salem Street which is in the R-1 Zoning District for the purposes of requesting relief from the two acre lot requirement. Plans are available for review at the Office of Community Development and Services, Town Hall Annex, 146 Main Street, North Andover, MA. - By the Order of the Board of Appeals LEGAL NOTICE William J. Sullivan, Chairman TOWN OF ! NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen Center Publish in the Lawrence Eagle Tribune 2/25/97 and 3/3/97 located at the rear of the Town Hall Building, 120 Main Street, North Andover, MA on Tuesday the 11th day of March, 1997 at 7:30 o'clock P.M. to all parties interested in the appeal of Pacific Real- ty Trust, Albert P. Manzi, i Jr., AND Albert P. Manzi, III Trustees of 72 Foster Street, No. Andover, MA requesting a Variance from I the requirements of Sec- ; tion 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw. Said premise is located at 1028 Salem Street which is in the R-1 Zoning District for the purposes of requesting relief from the two acre lot requirement. Plans are available for review at the Office of Community Development and Services, Town Hall Annex, 146 Main Street, North Andover, MA. I By the Order of the Board of Appeals - William J. Sullivan, Chairman E -T — Feb. 25; March 3, t 1997 j J x J i -# 3� % og49 f( -.,q0 (/ IqA-,)+,,2 16 C/i - ILr 9 APIAJ X4",CAy L/U:Ac �—_�`f �+4A Ov 'e' -b 10(0/4 44-7-66 Eleano ailey 2 F' _t Street Sa sbury, MA Laura Ruiz 193 Gray St No. Andover MA 01845 Carmen Lopex 1004 Salem St No. Andover MA 01845 Nicholas & Janet Artimovich 998 Salem St No. Andover MA 01845 Andrew & Alyce Artimovich 996 Salem St No. Andover MA 01845 34 Foster Str No. Andover MA 01845 Philip & Joyce D'Antinio 42 Foster St No. Andover MA 01845 46 Foster St No. Andover MA 01845 Ruth Adie 22 Boxford St No. Andover MA 01845 Robert & Gail Holleran 1049 Salem St No. Andover MA 01845 Eleanor iley 2 Fir Street Sali ury, MA Laura Ruiz 193 Gray St No. Andover MA 01845 Carmen Lopex 1004 Salem St No. Andover MA 01845 Nicholas & Janet Artimovich 998 Salem St No. Andover MA 01845 Andrew & Alyce Artimovich 996 Salem St No. Andover MA 01845 34 Foster Str No. Andover MA 01845 Philip & Joyce D'Antinio 42 Foster St No. Andover MA 01845 46 Foster St No: Andover MA 01845 Ruth Adie 22 Boxford St No. Andover MA 01845 Robert & Gail Holleran 1049 Salem St No. Andover MA 01845 Albert & Kathleen Manzi 72 Fester St No. Andover MA 01845 Jay & Nance Stefanowicz 1044 Salem St No. Andover MA 01845 Albert & Kathleen Manzi 72 Foster St No. Andover MA 01845 Jay & Nance Stefanowicz 1044 Salem St No. Andover MA 01845 bS'r r 03/11/97 09:52 $508'685 2357 CFURLES CONSTR. Mr. John R Leeman, Jr. 45 Pine Ridge Road North Andover, MA 01845 Mr. William Sullivan Chairman, Board of Appeals Town of North Andover Main Street North Andover,lV1A 01845 Re: 1028 Salem Street Project Pacific Realty Trust Dear Mr. Sullivan, It has come to my attention that another proposal for 1028 Salem Street is going to be considered by the Board of Appeals. The new proposal made by Pacific Realty Trust is for relief from the 2 acre zoning requirement. It is my understanding that Pacific Realty Trust is seeking to develop 2 lots unlike the former developer Foscore Realty Trust who wanted 3 lots. This proposal by Pacific Realty Trust seems to be much more in line with what the citizens of North Andover expect with regard to residential development and 1 support their efforts. Although they are seeking a variance it is minimal when you consider what was proposed by Foscore Realty Trust, and it is my understanding that Pacific Realty Trust has the full support of the neighbors which should also be a consideration. The alternative of requiring Pacific Realty Trust to use property dedicated as farmland to obtain the 2 acres required is in direct opposition to the direction given to the Town at Town Meeting, that being to preserve open space. Therefore I oppose any proposal that would force any farm land owner to convert his or her property to residential. Thank you for considering this letter in your deliberations, Sincerely, 2001 r10RTH q O t��eo ra ti0 3� ye .a OC O m SSACNUSE� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at Stevens Memorial Library, 345 Main Street North Andover, MA. on Thursday the 17 day of April 1997 at 7:30 o'clock P.M. to all parties interested in the appeal of Pacific Realty Trust, Albert P. Manzi, Jr., and Albert P Manzi, III of 72 Foster Street, requesting a Variance from the requirements of Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw. Said premise is located at 1028 Salem Street which is in the R-1 Zoning District for the purpose of the requesting relief from the two acre lot requirement. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish North Andover Citizen 3.26.97 & 4.2.97 1028 Salem Street LEGAL NOTICE TOWN OF NORTH ANDOVER BOARD OF APPEALS Notice is hereby given that the Board of Ap- peals will hold a public hearing at Stevens Me- morial Library, 345 Main Street, North Andover, TI MA on Tuesday the 17th day of April 1997 at w 7:30 P.M. to all parties interested in the appeal a of Pacific Realty Trust, Albert P. Manzi, Jr., and b Albert P. Manzi, III of 72 Foster Street, request- ti ing a Variance from the requirements of Sec- d tion 7, Paragraph 7.1 and Table 2 of the Zoning s Bylaw. b If Said premise is located at 1028 Salem Street ti which is in the R-1 Zoning District for the pur- s pose of the requesting relief from the two acre lot requirement. t Plans are available for review at the Office of Community Development & Services, Town j Hall Annex, 146 Main Street. By the Order of the Board of Appeals, William J. Sullivan, Chairman North Andover Citizen, 3/26 & 4/2/97 I WILLIAM J. SCOTT Director Town of North Andover E NORTH OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° 146 Main Street x North Andover, Massachusetts 01845 Memorandum To: William Sullivan, Chairman, Zoning Board of Appeals From: Richard Rowen, Vice Chairman, Richard Nardella, John Simons of the North Andover Planning Board Date: April 17, 1997 Re: Variance request for 1028 Salem Street We are writing to express our concerns regarding the variance request to create two non- conforming lots and one parcel located at 1028 Salem Street. The zoning in this section of Town requires two acres per lot. However, none of lots shown on the proposed plan meets this requirement. Although we have not heard all of the evidence that will be presented to your Board on this issue, we do not believe that special circumstances relating to soil conditions, shape or topography exist on this site which would cause substantial hardship, financial or otherwise to the petitioner. The two acre requirement was known to the petitioner when he purchased the lot. As the petitioner owns property to the rear of the parcel in question, he can add acreage to the lot to provide sufficient area to create conforming lots. He does not need this variance. Any hardship he is claiming is self created. The applicant does not need Parcel A to access his property to the rear as his property borders on Foster Street. If he wishes to retain access rights he can create an easement across the lot. The fifty foot wide parcel will simply facilitate a roadway in the future, it serves no other purpose. Given the concern regarding the level of development in Town, the two acre minimum lot size requirement, and the recent growth management bylaw, we do not believe that the creation of non -conforming lots and strips is in "the public good". The creation of these lots would substantially derogate from the intent and purpose of the zoning bylaw. We therefore respectfully request that you deny this variance petition. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535