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HomeMy WebLinkAboutMiscellaneous - Exception (565)R� � l79 J 90 - ,S963 AUG X809 i BOARD OF APPEALS Town of North Andover Zoning Board of Appeals August 11, 2009 I am writing this letter in hope that the board will take a few moments to consider our thoughts on the current Boston Hill development proposal, and thank you in advance for your time. We live at 1057 Johnson St.and though we are not direct abutters to Boston Hill we have views of Rte. 114, Boston Hill and Uncle Bob's storage facility. We are also writing on behalf of Eileen Allen of 1208 Turnpike St, an abutter to Boston Hill for many years. Our first thoughts on the current proposal is that development only of the base of the hill is probably the best use of the property and hope any variances require to do so has the preservation of the hill in mind and not intended to make room for additional structures to be constructed up hill at some point in time. Our second thought is the height of the structure. We hope the board will consider holding that height to the current allowable level. We ask this simply because we have already had a slow intrusion to our backyards from the Uncle Bob's facility. When Uncle Bob's was originally constructed the town and the developer did a great job in regards to buffers, color, and lighting. Since then the colors on the buildings have changed, sections of trees have disappeared and it seems much brighter lighting has appeared recently. We have been able to make adjustments on our property to offset some of the light and privacy intrusion for the current 3 story structure but feel we would be unable to do the same for a building as large and as tall as the one proposed at Boston Hill. Again, thank you for your time and consideration of our concerns on this proposal. Raymond Allen 1057 Johnson St. Eileen Allen 1208 Turnpike St.. Town of North Andover, Massachusetts ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23 D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing session.] Is Lg" te),hereby certify under the pains and penalties of perjury as follows: 1. I am a member of said Board. 2. I missed a hearing session on the matter of Petition of Elm Street Development Services, LLC which was held on August 11, 2009. 3. I reviewed all the evidence received at the hearing session I missed, which included a review of (initial which one(s) applicable): a. audio recording of the missed hearing session; b. X video recording of the missed hearing session; C. a transcript of the missed hearing session; d. exhibits accepted at the hearing session. This certification shall become a part of the record of the proceedings in the above matter. Signed under the pains and penalties of perjury this 8th day of September, 2009. Name: Received as part of the record of the above matter: Date: 'qlefo-q. By: f' Position: V aw NOILdI3K m QZOt0 V14 IY1OMMN01 1SV3 133HIS NIVA NlilON OOi -TI'l IMAM IN3WdOl3A30 wl3 7u"1dd/ ww 'a3Ati0NV KMN b9AOaNV Hl>y0N ltl Sb08atl 3Hi �-� N 'e C � c� �'. � = c O m C E O = a E = _ �� hm w a o. m OF M NA t2 el C rl & x E- . Q X1.1 A, NVId L81HX3 AINO Un ARLS193H -W msu a V E- . Q X1.1 100, .Lti'09l \ MWzosz!i5s' / ^ N� •• \ \ m 3N -/� �lt/3d0ltd , .t 'LZF Mu�'Zi ��Ss Y)� �N It Val \IalTMara>3Sy� l LLI 1LLI 1 It ci t6 0)00 d �- `` \ Wyy 1 to vciq 40 to \`., \\\ \\ `\ \` \ \ \ Q rtoa ' V pew ` r0�0 �� \\ d' a0\ �Z O CU ` it \ UW N 7 C\ ` \ \'Lo / \ \ \ i \ \� 1, I CNf 00 CD 11`00 I•�\\.-`_e\� n a CN z :tbb Z c ,6 r7 \' 1 s t• tt . \ \ 1 f W Q N `� \ ' ' ice+ � 1.. N�J � •,'�` \^ ,`\ `\\'•.. \ 1 s� 1. ,yt \, t ,�� tt t , It,,gi i •1+ \' \ I + t.. `5 cn o 2 ' o t 1 N I' W O 1�0 all I! O .l NO C4 to c] , .. Y a W Q U) RT vq vqW w I Lo LLI o 0 E o L 0 0 MO 0 0- M A LL ppV c CD C%j C14 lu E fD 41 1: w Girls .,4 HE I f �y mrmaQurc �rrr r Ar „ r a.s... s awal 40 ■ � iNwrtu�t NAP t i11l1-m'" ii11t 1�"Utr;M ft�li��� • aiii�it�� � �� • 1 ami s • t � July 15, 2009 Mr. Gerald Brown Zoning Enforcement Officer Town of North Andover 1600 Osgood Street North Andover, MA 01845 ELM D E V E L O P M E N T REFERENCE: APPLICATION FOR VARIANCES 1275 TURNPIKE STREET (BOSTON HILL) Dear Mr. Brown: Accompanying are the following documents regarding our Application for Variances: 1) A check to the Town of North Andover in the amount of $150.00 representing payment of the administrative fee (residential — variance). 2) A check to the Town of North Andover in the amount of $44.32 representing payment of the cost of first class, registered, return receipt mail for the legal notice mailing. 3) Eight (8) first class postage stamps. 4) Four (4) copies of abutters' names on mailing labels. 5) The original Application form together with ten (10) copies thereof. 6) A Memorandum dated July 15, 2009 from Elm Development Services, L.L.C. addressing points A through F referred to in Section 9 of the Application, together with ten.(10) copies thereof. 7) An Owner's Affidavit and Designation of Agent from the owner of the property authorizing Elm Development Services, L.L.C. to appear before the Zoning Board of Appeals, together with ten (10) copies thereof. 8) Eleven (11) copies of the deed denoting Boston Hill Development, LLC as the owner of the property. 9 Certified Abutters List together with ti(n )co ies thereof. 10) Building elevation plans and interior floor plans (two full-sized sets and eleven 11 "x17" copies). ELM DEVELOPMENT SERVICES, INC. 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028 PHONE: 413-525-8344 FAX: 413-525-0313 :i,J' Mr. Gerald Brown Zoning Enforcement Officer Town of North Andover July 15, 2009 Page 2 11) The following plans stamped by Marchionda and Associates, L.P. (two full-sized sets and eleven 11 "x17" copies): A) Setback Variance Plan. B) Building Height Variance Plan. C) Abutters Plan. Please note that these plans contain the information referred to in the North Andover Zoning Board of Appeals Checklist for Applicants. If you have any questions concerning this Application submission, please give me a call. Very truly yours, ELM DEVELOPMENT SERVICES, L.L.C. Ernest A. Gralia, III Encls. of 73 inte of .1 m IMAnd6veir; dei h 11 th od a-1 e s p the - , etition v,e'l.o:p eni AmrnpjK&Street,"N '. ne 'A d6� -st,- w ill beveloprh pnt LLC � t . t ,.pe I. ion requesting a "p'erirp-bibj " setback ' d11 M e n 81 ng., variance from: the on nal variance' -6 114 setback,i-,f "I �: 90� 171106-1:� Of iTable ,"2,,and a ;variance from height, S- 0 �ebti" n, P frbrthe Nortfi' " 'If,, -Bylaw. Andover' .", 6 HIM' - Vlaw, _0 ritinuing for ectio Care Retirement :Center. The 3.1-prpmrses' ec tird'oth " affected` iv�', r o n ta T,6'r n pik, Street;,.within Village Residential Istridt- Applicationv and sup p61'lifigt', mate'rials are available"fo', r rev ewatjhe ,loffIt" D6 Men t -00 Osgood s t; �r e orth ,-A A &-A A Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Associate Members Ellen P. McIntyre, Vice -Chairman Thomas D. Ippolito Richard J. Byers, Esq. Clerk Daniel S. Braese, Esq. Joseph D. LaGrasse Michael P. Liporto Richard M. Vaillancourt Zoning Enforcement Officer Gerald A. Brown The North Andover Board of Appeals will be reviewing an application for the property known as "Boston Hill" on Tuesday evening, August 11, 2009 at 7:30 p.m. at Town Hall located at 120 Main Street. Attached is the legal advertisement for this public hearing. As an abutter to the proposed project you will have an opportunity to speak and be heard in regards to the project. The plans and application are on file in the Zoning Board of Appeals Office located at 1600 Osgood Street, North Andover. If you have any questions please contact Jerry Brown, Inspector of Buildings at 978-688-9545. LICE ECA}': , I�ORTHANDVER ;J 8QARD'OF 40PEALS Notice is hereby given that the Board of Appeals Will hold a public hearing at`,North Andover Towns Hall, 120'i;n Street, North Andover; MA on Tuesday -,the 11th- of August, 2009,. at, 7 30PM to. aII' parties interested in the petition ' of E1in Deyelopinent Services, LL�C,'for prop- ' erty ;Iocg tedat X275 'urnpike Street" Noah Andover„ 1ownedz„ by r Boston Mill Develgpment; LLC# ;The' petitioners is rhequegmg,,a perimeter,' setba k'.imensional` variance from the .front setback; > Section 13 5 d{1;'a dimensional variance fro:rn Rfe 1:14 $ etback; ,footnote'.1 ':of Table =21 , aril a ,variance from 'height, Section 135 d.'3 from the: North Andover Zoning'''Bylaw.,._ 3,CntinuectionlfoSing Care Retirement .Center. The ksaid `premises affected 's property with frontage 4o�n Turnpike Street, wh6in. the Village Residential pistnct: Application and sup portingrnaterials are availablelfor review�at the o`fi#ice :eof 'the Zoning Depart'man.t 1600 Osgood Street;. North Andover, MqI Monday. throug`hursdajr from' they hours of900{ AM to, 2'00. PM. By order of the` Board`,of App' als.s AlbertP Manzi jChairmaW 8/3/09 PLANNING DEPARTMENT Community Development Division 1.600 Osgood Street North Andover, Massachusetts, 01845 August 4, 2009 Zoning Board of Appeals 1600 Osgood Street North Andover, MA 01845 REFERENCE: Application for Variances 1275 Turnpike Street (Boston Hill Property) Dear Zoning Board of Appeals Members: Elm Development Services, L.L.C., is proposing to develop a 125 -unit Continuing Care retirement Center on the Boston Hill property. The applicant has appeared before the Planning Board on several occasions during the past 6 months, most recently on June 16, 2009, to discuss their application for a Special Permit under the CCRC Bylaw. During these meetings, the applicant has presented several building designs as well as site configurations. The most recent design included a building with a pitched roof. The Planning Board stated their support for the roof design, as they felt it would be compatible with the architecture of the local residential neighborhood and that it would easily blend in with the topography of the site. The Board also expressed their support for the inclusion of the porte cochere, recognizing that it is an integral component of a building designed for the elderly. Both of these design components will minimize intrusion into the significant slope on the property, thus minimizing changes to the topography of the parcel. The Planning Board has been pleased with the cooperation and communication from this applicant, in their efforts to work with the Board on a compatible architectural design and a site plan that results in minimal disturbance to the significant slope on the property. The applicant also worked successfully with the town to restructure the Conservation Restriction to reflect the new site plan. The Planning Board supports the applicant in their request to the Zoning Board of Appeals for a height variance for the pitched roof, as well as a setback variance for the porte cochere. We believe that the variances are in the best interest of the design of the project, that they will minimize changes to the topography, and that this design will positively impact the surrounding neighborhood and the town as a whole. The Board looks forward to working with this applicant on a development that we hope will be an asset for the town. Very truly yours, IV ohn Simons, Chair Town of North Andover Planning Board C THE GIRAIEIIA GISOUIP VIA FEDERAL EXPRESS July 15, 2009 600? 0 7" Mr. Gerald Brown Zoning Enforcement Officer Town of North Andover 1600 Osgood Street North Andover, MA 01845 REFERENCE: APPLICATION FOR VARIANCES 1275 TURNPIKE STREET (BOSTON HILL) Dear Gerry: As discussed, accompanying is the signed original of Page 3 of 4 signed by the landowner. Very truly yours, T C Encl. THE GRALIA GROUP 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028 PHONE: 413-525-4585 FAX: 413-525-0313 6 D. Required Lot. (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. R. Sq. Ft. Coverage Feet Spaces 1,089,000 50% 25% max 250 min 1& t (2 ac (125) 7A. Existing Building(s): NONE Ground Floor Number of Height Total Square feet Floors Sq. feet Minimum Lot Setback * Front Side A Side B Rear 100' 100' 100' 100' *(100' perimeter setbacO— Use of Building" *Reference Uses from the Zoning Bylaw & Table 1. ""Sfate number of units in building(s). 7B, Proposed Building(s): Ground Floor Number of Height Total Square feet floors Sq. feet 23,980 4 49'-2" 135,454 8. Petitioner and Landowner signature(s): Use of Building" Continuing Care Retirement en er Number of Units" Number of Units"" 125 'Reference Uses from the Zoning Bylaw & Table 9. —State number of units in building(s). Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Cvery application shall be fried with the Town Cierk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shalt be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by -the Zoning Board of this application as incomplete. ELM DEVELOPMENT SERVICES, L.L.C. Boston Hill Development, LLC Signature: By: By Type above name s) here: Ernest A. Gral ia, III Anthon Mesio Page 3 of 4 `1d9c ON10-line NORTH ANDOVER ZONING BOARD OF APPEALS application for a VA RIAN C E 6002 9 L lnr 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking MVi WIM dot �S k .. t. Sq. Ft. Sq. Ft Coverage Feet Spaces —i1 r � N, . Front Side�A Srd� Rear 1,452,596 1,452,596 n/a 1,123 n/a n/a n/a n/a n/a (33.34 acT 66 C. Proposed Logs): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq_ FL Coverage Feet Spaces Front Side A Side B Rear 1x4521596 75% 3% 1,123 .96 73' 600+/-' 140+/-' 900+/-' 6 D. Required Lot. (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. R. Sq. Ft. Coverage Feet Spaces 1,089,000 50% 25% max 250 min 1& t (2 ac (125) 7A. Existing Building(s): NONE Ground Floor Number of Height Total Square feet Floors Sq. feet Minimum Lot Setback * Front Side A Side B Rear 100' 100' 100' 100' *(100' perimeter setbacO— Use of Building" *Reference Uses from the Zoning Bylaw & Table 1. ""Sfate number of units in building(s). 7B, Proposed Building(s): Ground Floor Number of Height Total Square feet floors Sq. feet 23,980 4 49'-2" 135,454 8. Petitioner and Landowner signature(s): Use of Building" Continuing Care Retirement en er Number of Units" Number of Units"" 125 'Reference Uses from the Zoning Bylaw & Table 9. —State number of units in building(s). Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Cvery application shall be fried with the Town Cierk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shalt be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by -the Zoning Board of this application as incomplete. ELM DEVELOPMENT SERVICES, L.L.C. Boston Hill Development, LLC Signature: By: By Type above name s) here: Ernest A. Gral ia, III Anthon Mesio 9 MEMORANDUM TO: Town Of North Andover Zoning Board of Appeals FROM: Elm Development Services, L.L.C. DATE: July 15, 2009 SUBJECT: Variance Section 9 — Variance Application, points A -F: 5 pages A. DESCRIPTION OF USE AND VARIANCES REQUESTED. Elm Development Services, L.L.C. (the "Applicant") intends to develop and construct a 125 -apartment Continuing Care Retirement Center (the "CCRC") at 1275 Turnpike Street (the "Property"). The Property, which is the site of the former Boston Hill Ski area, is located within a Village Residential District. Section 13 of the Zoning Bylaw of the Town of North Andover 1972, Last Amended July 13, 2008 (the "Zoning Bylaw") provides that the use of property located in a Village Residential District as a Continuing Care Retirement Center is allowed by special permit. The proposed building is a four-story structure with a 49 foot -2 inch high pitched style roof, and has a porte cochere at the front entrance of the building which extends 27 feet into the 100 -foot perimeter and Route 114 setbacks. The proposed building exceeds the building height limitation in the Zoning Bylaw and does not meet the perimeter and Route 114 setbacks required by the Zoning Bylaw. The Applicant therefore seeks the following dimension variances: (1) A variance granting relief from Section 13.5.d.3 of the Zoning Bylaw which requires a building height of no more than three (3) stories or thirty-five (35) feet. The proposed building exceeds this restriction by one (1) story and fourteen plus (14+) feet. (2) A variance granting relief from Section 13.5.d.1 of the Zoning Bylaw to allow the construction of a porte cochere seventy three (73) feet from the perimeter of the Property when one hundred (100) feet is required. (3) A variance granting relief from Footnote 1 of Table 2 of the Zoning Bylaw to allow the construction of a porte cochere seventy three (73) feet from Route 114 when one hundred (100) feet is required. 1 B. REASONS IN SUPPORT OF VARIANCES REQUESTED. (1) THERE ARE SPECIAL CIRCUMSTANCES RELATING TO THE SHAPE AND TOPOGRAPHY OF THE PROPERTY THAT ESPECIALLY AFFECT THE PROPERTY BUT DO NOT AFFECT GENERALLY THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED. The Property is the site of the former Boston Hill ski area. The Property is subject to a permanent Conservation Restriction from Boston Hill Development, LLC (the current owner of the Property) to the Town of North Andover, dated June 13, 2006 and recorded with the Essex North Registry of Deeds in Book 10282, Page 272 (the "Conservation Restriction"). The Conservation Restriction, which was placed on the Property prior to the Applicant's involvement with the Property, expressly prohibits the construction of any buildings or structures in the area subject to the Conservation Restriction. The Property also falls within the mapped habitat of the Frosted Elfin (Callophyrs irus) which is state -listed as "Special Concern" in accordance with the Massachusetts Endangered Species Act and its implementing regulations. Wetlands exist on the Property. All of these factors are unique to the Property and do not generally affect the zoning district in which the Property is located. The topography of the Property is such that there is an approximately two hundred (200) foot drop in grade from the top to the bottom of the Property with most of the change in grade taking place from a point approximately eighty (80) feet back from the frontage along Route 114. Because of the topographical constraints (i.e., extreme variations in grade) and the contour of the Property, as well as the constraints attributable to the Conservation Restriction, the mapped habitat area and the wetlands, the proposed building has been located at the bottom of the slope on the flattest area of the Property outside of the Conservation Restriction area, the mapped habitat area, and the wetlands. The topography of the Property requires that the footprint of the building be minimized due to extreme grade changes. As a direct result of all of these factors that are unique to the Property, construction on the Property requires that the proposed building be placed on the Property in a location that does not comply with the one hundred foot (100) perimeter and Route 114 setbacks with a building footprint that must be minimized to the maximum extent possible. (2) LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONING BYLAW RELATING TO BUILDING HEIGHT AND SET BACK TO THE PROJECT PROPOSED TO BE UNDERTAKEN BY THE APPLICANT AT THE PROPERTY WOULD RESULT IN SUBSTANTIAL HARDSHIP TO THE APPLICANT. Due to the contours and topography of the Property, (i) placement of the proposed building further up the extremely steep slope at a location which would meet the zoning required perimeter and Route 114 setbacks, and (ii) the expansion of the footprint of the building to meet the zoning required building height (and story) limitation, would require substantially greater disturbance into the steep slope and loss of its natural topographic features. Any additional cutting into and grading of the steep slope will increase the possibility of excessive water runoff and soil -erosion. In addition, the Applicant would be required to 2 -4 spend an estimated $1,500,000 in additional site work costs including bracing of the slope through the construction of costly retaining wall systems. The expenses are not personal to the Applicant but would be experienced by anyone attempting to make a reasonable and permitted use of the Property. Additionally, the relocation of the proposed building from its currently proposed location is constrained by the Conservation Restriction, the mapped habitat area, and the wetlands. The Property is subject to unique conditions, not caused or exacerbated by the Applicant, which render it appropriate for building height and perimeter and Route 114 setback variances. The topography and its features, the presence of the Frosted Elfin on the Property, and the existence of wetlands on the Property are naturally occurring. The protection of the Frosted Elfin is the result of governmental action. The Conservation Restriction was placed on the Property prior to the Applicant's involvement with the Property. If relief is not granted, additional cutting into and grading of the extremely steep slope will increase the possibility of excessive water runoff and soil -erosion and will cause the Applicant's site costs to be even more substantial. (3) THE RELIEF SOUGHT CAN BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD. The proposed special permit use of the Property for a Continuing Care Retirement Center is a reasonable use of the property which can only be achieved by varying strict adherence of the Zoning Bylaw provisions relating to minimum perimeter and Route 114 setbacks and limitations on building height. The CCRC is of substantial benefit to the Town as a whole. It will satisfy an important and growing need for this type of housing, will provide a viable housing option for the elderly, will allow the elderly to remain independent while receiving a level of attention and services that meets their needs, and will allow the elderly population in North Andover to remain in town and continue to be a part of a residential community with daily socialization and interaction with other elderly residents. The CCRC will cause relatively little demand on Town services, will not be detrimental to the economic welfare of the community, and will preserve the Town's residential character. In addition, since the characteristics of the Property that require the variances that have been requested in order to proceed with the redevelopment of the Property for a Continuing Care Retirement Center are unique to the Property and not generally applicable to the zoning district where the Property is located, the grant of the variances requested by the Applicant will not create any adverse precedent for other developments in the same zoning district. The proposed building at the Property is in a location that is not proximate to any other residential development, and as a result the reduced set back and increased building height will not have an adverse impact on any residential values. The relief requested therefore will neither be detrimental to the public good nor compromise the integrity of the zoning district or be inconsistent with the purpose or intent of the Zoning Bylaw. 3 �J (4) THE RELIEF SOUGHT CAN BE GRANTED WITHOUT NULLIFYING OR SUBSTANTIALLY DEROGATING FROM THE INTENT OR PURPOSE OF THE ZONING BYLAW. The granting of the variances requested is desirable because it will minimize slope disturbance, maximize retention of natural topographic features, and minimize water runoff and soil -erosion problems encountered in the grading of steep slopes, all of which are consistent with the purposes and intent of the Zoning Bylaw. Further, in keeping with the character of the Village Residential District in which the Property is located, the pitched style roof of the building will maintain a residential, rather than institutional, building style and look. The additional story and extended height of the roof sought through the building height variance will have minimal visual impact and no negative effects on surrounding land uses given that a negligible amount of the pitched style roof will be seen from the center of the street, and the backdrop of the extremely steep slope minimizes any height impact of the building. The topography of the land is such that the building will be constructed on a sloped grade, and the visual effect will therefore be less than if the building were constructed on an even grade. While the building height of the proposed building exceeds the zoning imposed 35 - foot limitation, it is substantially less than the zoning imposed 65 -foot building height limitation on any structural feature of any non -manufacturing building as set forth in Section 7.4.4 of the Zoning Bylaw. The porte cochere is open sided and roofed. It serves as a non -habitable loading zone and will allow motor vehicles to pass through in order for elderly and other passengers to alight under cover, sheltered from the weather. It is an essential component of the proposed building given the nature of a CCRC and the ages of its occupants. The intrusion of the porte cochere into the 100 -foot perimeter and Route 114 setbacks will be negligible due to its open nature. It is clear that the relief sought may be granted without nullifying or substantially derogating from the intent or purposes of the Zoning Bylaw. C. CONCLUSION. There are unique circumstances relating to the Property that support the grant of the variances requested. The Property presents limited development opportunities based upon the existence of the Conservation Restriction, the wetlands that exist at the Property and the presence of a species of special concern. In addition, there is an extreme slope on that portion of the Property where development can take place. All of these factors are unique to the Property. The redevelopment of the Property for the Continuing Care Retirement Center proposed by the Applicant cannot proceed without the variances requested except under circumstances in which the Applicant is required to cut more deeply into the existing slope and incur substantial additional site work costs estimated at approximately $1,500,000 with an adverse effect on the values that the Zoning Bylaw is intended to protect. As a result, the Applicant would suffer substantial hardship if the variances requested by the Applicant are not granted. The proposed use of the Property for a Continuing Care Retirement Center will be extremely beneficial to the Town of North Andover and the public good. Finally, the location of the proposed building on the Property and the design of the building will eliminate any potential adverse impact attributable to the height of the building and the reduced set back. IH r For the foregoing reasons, the Applicant requests that the variances requested by the Applicant be granted by the Zoning Board of Appeals. D. SUBMIT RDA FROM CONSERVATION COMMISSION WHEN CONTINUOUS' BUILDABLE AREA IS APPLIED FOR IN ZBA APPLICATION. Not Applicable. 5 Q µORTH x y435RCHd5 TOWN OF NORTH ANDOVER VARIANC ZONING BOARD OF APPEALS NAME: ADDRESS OF APPEAL: Town Clerk Time Stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the hoard of an application as in The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEM 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by. using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 384 Merrimack St. Suite #304, Lawrence MA, 01843 and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. eiTnzfS?Sii54,&Ctib':Si�iYa:7S5:4:aiC: eE!isYtYd7C[ei;4:`iniFki314u3::ia'tiid's`1"P9KE¢�it;Yi�ii�g:',-ri§a�'tYd"�tti t'Wi§t tieY�B$i^RYi ' rc":K'.E3i rtr.atii'ldEt:3�sdVt;iiti3't=i;Ys`iii'@�6i"neli3`'s,i:diiialiii'KfelE4r IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover„ MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office IMPORTANT PHONE NUMBERS: North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office A Page 2 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for aVARIANCE Please complete all items I - 10 on pages 2 through 4: 1. Petitioner: *Name, *Address and telephone number: Elm Development Services, L.L.C. 200.North Main Street, Suite 204, E. Longmeadow, MA 01028 _(413) 525-4585, x12 Contact: Ernest A. Gralia, III *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Boston Hill Development, LLC (978) 687-5300 Contact: Anthony Mesiti c/o Mesiti Development Corporation 100 Andover By -Pass, Suite 300, North Andover, MA 01845 Years Owned Land: 11 (since 1/02/1998) 3. Location of Property: a. Street: 1275 Turnpike St. (Boston Hill) Zoning District: Village Residential b. Assessors: Map number. 107A Lot Number: 149, 283 and 284 c. Registry of Deeds: Book Number: 4932 Page Number: 127 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 1.3.5.d.1; 13.5.d.3; Footnote 1 of Table 2 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 6. Describe the Variance request: Variance granting relief from Section 13.5.d.3 which requires a bldg..height of no more than three (3) stories or thirty-five (35) feet; and variances granting relief from Section 13.5.d.1 and Footnote 1 of Table 2,to allow const. of porte cochere seventy three (73) feet from the perimeter o e property and from ou e . The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % 73' Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Feet Spaces Minimum Lot Setback 250t min 1 Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side Sine B Rear 1,452,596 1 452,596 n/a 1,123 n/a n/a n/a n/a n/a 03.34 a f C. Proposed Lots): Lot Area Open Space Percent Lot Frontage Parking !~Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 1,452,556 75% 3% 1,123 96 73' 600+/-' 140+/-' 900+/-' 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq_ Ft. Coverage Feet Spaces 1,089,000 50% 25% max 250t min 1 (2 ac _uni� (125) Minimum Lot Setback * Front Side A Side B Rear 100' 100' 100' 100' *(100' perimeter setback) 7A. Existing Building(s): NONE Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units** *Reference Uses from the.Zoning Bylaw & Table 1. "*State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet 23,980 4 49'-2" 135,454 8. Petitioner and Landowner signature(s): Use of Number Building" of Units*" Continuing Care 125 e firement center - *Reference Uses from the Zoning Bylaw & Table 1. *"State number of units in building(s). Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals_ Every application shall be filed with the Town Clerks Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with applicatio irements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoni ward t ' ion as incomplete. ELM ESE NT SERV CES, L.L.C. Boston Hill Development, LLC Signature: By: ✓ By: Type above names) here: Ernest A. oral ia, III Anthony Mesiti R".,r.+vge 3 Page e� of °^l 6 S. Exisfina, Lot Lot Area Open Space Percent Lot Frontage pad;ing IVlii;irnum Lot Setback Sri. P_. Sq. Ft Coverage Peet Spaces Front Side A Silo 3 Rear 1,452,596 1.452,596 n/a 1,123 n/a n/a n/a n/a n/a Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft Sq. Ft coverage Feet Spaces Prone Side A Side S Rear _1,452,596 75% 3% 1,123 96 73` 600+/-` 140+/-` 900+/-' is D. Required Lot: (As requires by Zoning Bylaw $, Table 2) Lot Area Open Space Percent L& Frontage Parking $q- Ft- Sq. P. Coverage Feet Spaca5 1,089,000 50% 25% nta 250 min 1/unit (2 -ac – (125) 7A. Eldstmg NONE Ground Roor Number cf Height Total Square feet Ptoors Sq. feet Minimum Lot Setback " #=rant Side A Side S Rear 100` 100` 100'100' : (:1_!JG` per.1metpr- setbacQ Use of Bullding- *,Rnfereace Use , from thb Zuning Bylaw a Tab ic i_ *'ISlate namber of gaits in building(-.). 7B-. Pralposed SulfdiBt&4 . 0round f=loor Nfurnber of Height Total 3quarafelt Ploors Sq. feet 23,980 4 419' -2" 135,454 Use Of 8uHdlnc fi Continuing Care e'c�nt Gentel" _ Number of Units" Humber of Units - 125 *R4erence Uses #rom the Zoning Byla+N & Table 9. "Stale number of unit.-, in building(s). =very application for a Variance shall be: made on this icrm, which is the official form of the Zoning Beard of /appeals. Every application shall be ;fled with i; e Tolmn Cici-1 s Office. It shall bete responsibility of the petitioner to fornish all supporting documentation Mth this application. The dated copy of this application received by the Town Clark or the Zoning Board of Appeals r res ne Asa€ve lira appiira ,t frim this respansibiiii��_ The petitioner shall be responsible for all expenses for filing and legal sit ire*on. Pail:+ v to c -=ply �rnth application requirements, as cited heroin acid in the Zoning Board Rules and ReJuiations may rastftt in a disrrissa@ by the Zon'4139 Board of this application as incomplete. ELM DEVELOPMENT SERVICES, L.L.C. Boston Hill Development, L.LC By, By: Ernest A. Ora ia, III � Muttony Mes iti r+�— Page 4 ®f 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. H C. 9 E. F2 The particular use proposed for the land or structure. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 1 CC features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: I) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' II) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. III) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: I) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. II) Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and land surveyor. 7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover" for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1 "x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Applicant shall provide a check or money order to: 'Town of North Andover" per 2005 Revised Fee Schedule. ® A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. A BES 4912 PG 12? r� Y'rQUITCLAIM DEED f Boston Hill Ski Area, Inc., a Massachusetts corporation duly established under the laws of the Commonwealth of Massachusetts, located at Turnpike Street, North Andover, for consideration and in full consideration of Eight Hundred Thousand ($800,000.00) Dollars GRANTS TO Boston Hill Development, LLC a Massachusetts limited liability company with its mailing address of 11 Old Boston Road, Tewksbury, Massachusetts 01876 with QUIT CLAIM COVENANTS the following described property which is in three (3) parcels on the westerly side of Salem Turnpike, otherwise known as Route 114, in said North 1 Andover, and as shown on Plan numbered 5,000, recorded May 8, 1964 in Essex North District Registry of Deeds and designated as "Plan of a Portion of Land of John C. Famum, North Andover, Mass., Prepared for Boston .Ski Development Corp., Route 114, North Andover, by Raymond C. Pressey, Inc., Registered Land Surveyors". Parcel 1 is bounded and described as follows: Parcel 1: JAN 2 W PS12:33 NORTHERLY: two hundred thirty (230) feet, more or less, by a stone wall; EASTERLY: six hundred thirty (630) feet, more or less; NORTHERLY: three hundred (300) feet, more or less, the last three bounds all by land now owned by the grantor; SOUTHWESTERLY: but more WESTERLY, in a curved line in three courses, of � hundred twenty-three (123) feet, more or less, one hundred fort:94 five (145) feet, more or less, and four hundred sixty (460) fe � more or less, by land now or formerly of the grantor; Q WESTERLY: by the stone wall and land now or formerly of William Sherid nine hundred ninety-eight (998) feet, more or less. The Northwesterly corner is at a corner in the stone wall twelve hundred (1,200) feet, more or less, from the Salem Turnpike. Parcel 2 consists of all the right, title and interest the grantor may have in the following j premises, contiguous to Parcel 1, and is bounded and described as follows: Parcel 2: Beginning at the Northwesterly corner of the premises previously described as Parcel 1, thence running: SOUTHERLY: fifty (50) feet by Parcel 1, to the comer of the stone wall; thence turning and running &%Or of �� 8 i WESTERLY: by a stone wall five hundred twenty (520) feet, more or less, by land now or formerly of William Sheridan to Chestnut Street and the corner of a stone wall; thence turning and running NORTHERLY: fifty (50) feet, more or less, by said stone wall to Chestnut Street, as shown on said plan, to a corner of a stone wall; thence turning and running EASTERLY: five hundred ten (510) feet, more or less, along said stone wall, to the point of beginning. The total area of Parcels 1 and 2 contain approximately ten (10) acres, more or less, these parcels 1 and 2 intended to be the remainder of the thirty-three (33) acres, more or less, shown on the said plan numbered 5,000, being described thereon as "Area of Proposed Amendment from Rural Residence to General Business", the balance of which area is further described hereon as Parcel 3. Parcel 3 is bounded and described as follows: Parcel 3: The premises beginning at a point being the southeasterly corner of the premises described on said plan numbered 5,000, thence running: NORTHWESTERLY: by said Salem Turnpike thirteen hundred sixty (1,360) feet, more or less, to a stone wall by land now or formerly of Margaret R. Simon; thence turning and running NORTHWESTERLY: but more WESTERLY: by said land now or formerly of Margaret R. Simon, and by land now or formerly of William Sheridan, nine hundred seventy (970) feet, more or less, along a stone wall and fence; thence turning and running SOUTHEASTERLY: but more SOUTHERLY: by land of John C. Farnum, also known as John C. Farnham, six hundred thirty (630) feet, more or less, by Parcel 1 to other premises of said John C. Farnum, alias, heretofore leased to the Massachusetts Institute of Technology, notice of which lease is recorded with Essex North District Registry of Deeds, Book 851, Page 401; thence turning and running EASTERLY: by said other premises of John C. Famum, alias, three hundred (300) feet, more or less; thence turning and running SOUTHEAST: four hundred (400) feet, more or less; SOUTHEASTERLY: but more EASTERLY: three hundred sixty-five (365) feet, more or less; SOUTHEASTERLY: but more SOUTHERLY: two hundred (200) feet, more or less; and EASTERLY: .three hundred seventy-five (375) feet, more or less, to the point of beginning. ' BK 4932 PG 129 All of the three boundaries are by land now or formerly of John C. Farnum, alias. The above described premises are shown on Essex North District Registry of Deeds Plan No. 5000 as containing 33 acres, more or less, being located on the westerly side of Salem Turnpike, Rt. 114. The above described Parcel 1, Parcel 2, and Parcel 3 (in addition to being shown on Plan No. 5000) are also more particularly shown on a certain plan of land entitled "Subdivision of Land, Boston Hill Ski Area, Inc. in North Andover, MA, Teton Land Consultants, Inc., dated 11/30/87, scale F=80 feet, sheet 1 of 1", said sheet being recorded as part of Plan No. 11432 with Essex North District Registry of Deeds. Said Plan No. 11432 shows the above conveyed parcel as being comprised of Lot 1 (5.6 acres), Lot 2 (13.5 acres), Lot 3 (13.7 acres) along with the roadway (unnamed and containing .33 acres). As stated in Note F of said Plan No. 11432, the total parcel area is 33.35 acres, and reference may be had to said plan 11432 for a more particular description of the above -referenced parcel. Being the same premises conveyed to the Grantor by deed of John C. Farnum, also known as John C. Farnham recorded with the Essex North District Registry of Deeds at Book 1182, Page 132. IN WITNESS WHEREOF, the said Boston Hill Ski Area, Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, sealed, acknowledged and delivered in its name and behalf by Robert Dunn, its President and Treasurer hereto duly authorized, as of the E41 day of Q/1 19� $LU Ca a ry Boston Hill Ski Area, Inc. By: Robert Dunn, President and Treasurer D I* BK 49-302 FIG 130 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss January a, 1998 Then personally appeared the above-named Robert Dunn, President and Treasurer of Boston Hill Ski Area, Inc. and acknowledged the fore, gPg instrument to be his free act and deed, and the free act and deed of Boston Hill Ski AYa,#c., beete n , g: \cortunon\realest\c losings\ me si6%sm-hil. ski�dad.doc commission expires: MICHAEL DANA ROSEN Notary Public My Commission Expires October 13, 20OU I Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the properly line of the petitioner as they appear on the most recent applicable tax list, not withstanding 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." Subiect Prove MAP PARCEL Name 107.A 284 Boston Hill Development, LLC Abutters Properties Map Parcel Name 107.A 33 Milton Allen 107.A 34 John C. Farnum 107.A 43 Bernice Fink 107.A 148 Seven Hills Community 107.A 149 Boston Hill Development 107.A 283 Boston Hill Development 107.0 12 B & C Realty Trust 107.0 13 Trustees of Reservation 107.0 15 Trustees of Reservation 107.0 32 Trustees of Reservation 107.0 105 Sovran Acquisition Address 100 Andover By Pass #300 Address 1208 Turnpike Street 426 Farnum Street PC Box 363 81 Hope Avenue 100 Andover By Pass #300 100 Andover By Pass #300 14 Gates Road 527 Essex Street 527 Essex Street 527 Essex Street 6467 Main Street Date Page This certifies that the names appearing on the records of the Assessors 'Office as of Certified bv.,------) Date G 'z1'`0 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Worcester, MA 01603 North Andover, MA 01845 North Andover, MA 01845 Middleton, MA 01949 Beverly, MA 10915 Beverly, MA 10915 Beverly, MA 10915 Buffalo, NY 14221-5856 6/24/2009 1 of 1 Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, Date 6/24/2009 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certified b " Date 6 • �`�•" abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding 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." Subject Property: MAP PARCEL Name Address 107.A 149 Boston Hill Development, LLC 100 Andover By Pass #300 North Andover, MA 01845 Abutters Properties tvlaa Parcel Name Address 107.A 33 Milton Allen 1208 Turnpike Street North Andover, MA 01845 107.A 34 John C. Farnum 426 Farnum Street North Andover, MA 01845 107.A 40 John C. Farnum 426 Farnum Street North Andover, MA 01845 107.A 43 Bernice Fink PO Box 363 North Andover, MA 01845 107.A 148 Seven Hills Community Services 81 Hope Avenue Worcester, MA 01603 107.A 252 John C. Farnum 426 Farnum Street North Andover, MA 01845 107.A 253 John C. Farnum 426 Farnum Street North Andover, MA 01845 107.A 254 John C. Farnum 426 Farnum Street North Andover, MA 01845 107.A 255 John C. Farnum 426 Farnum Street North Andover, MA 01845 107.A 283 Boston Hill Development 100 Andover By Pass #300 North Andover, MA 01845 107.A 284 Boston Hill Development 100 Andover By Pass #300 North Andover, MA 01845 107.0 11 John C. Farnum 426 Farnum Street North Andover, MA 01845 Date 6/24/2009 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certified b " Date 6 • �`�•" Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding 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." Subiect Prone MAP PARCEL Name 107.A 283 Boston Hill Development, LLC Abutters Properties Map Parcel Name 107.A 34 John C. Farnum 107.A 43 Bernice Fink 107.A 148 Seven Hills Community Services 107.A 149 Boston Hill Development 107.A 284 Boston Hill Development 107.0 11 John C. Farnum 107.0 13 Trustees of Reservations 107.0 68 John C. Farnum Address 100 Andover By Pass #300 Address 426 Farnum Street PO Box 363 81 Hope Avenue 100 Andover By Pass #300 100 Andover By Pass #300 426 Farnum Street 527 Essex Street 426 Farnum Street This certifies that the names appearing on the records of// the Assessors Office as of 40,1 c 4,Ly /, A -C r Certified by: Date G y d North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Worcester, MA 01603 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Beverly, MA 10915 North Andover, MA 01845 Date 6/24/2009 Page I of LEGAL NOTICE NORTH ANDOVER BOARD OF APPEALS Notice is hereby given, that the Board of Appeals will hold a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday the 11th of August, 2009'at 7:30PM to all parties interested in the petition of Elm Development Services, LLC, for prop- erty located at 1275 Turnpike Street, North Andover, owned by Boston Hill Development, LLC. The petitioner is requesting a perimeter setback dimensional variance from the front setback, , Sectien 13.5.d.1, a dimensional variance from Rte. 114 setback, footnote 1 of Table 2, and a variance from height, Section I 13.5.d.3 from the North Andover Zoning Bylaw for Section 13 Continuing Care Retirement Center. The said premises affected is property with frontage on Turnpike. Street within the Village Residential District. Application and sup- porting materials are available for review at the Office of the Zoning Department 1600, Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman ET — 7/27, 8/3/09 Easy Peel® Labels r Use Avery® Template 51600 Milton Allen 1208 Turnpike Street North Andover, MA 01845 Seven Hills Community ;81 Hope Avenue Worcester, MA 01603 i Trustees of Reservation 527 Essex Street Beverly, MA 10915 A f Bend along line to Q AVERY@ 51600 i Feed Paper ® expose Pop -Up EdgeTM John C. Farnum Bernice Fink 426 Farnum Street P.O. Box 363 North Andover, MA 01845 North Andover, MA 01845 Boston Hill Development B & C Realty Trust 100 Andover By Pass #300 14 Gates Road North Andover, MA 01845 Middleton, MA 01949 Sovran Acquisition 6467 Main Street Buffalo, NY 14221-5856 Etiquettes faciles a peter Repliez a la hachure afin dei www.avery.com Utilisez le gabarit AVERY® 5160® t Sens de c argereveler le rebord Pop-UpTM �' 1 -800 -GO -AVERY me AVERY J AVERY AVERY AVERY AVERY AVER Easy PeelO Labels i ♦ f Bend along line to A\/ERY® 5160® Use Avery® Template 51600 j Feed Paper ® expose Pop -Up Edger"' j Milton Allen John C. Farnum Bernice Fink 1208 Turnpike Street 426 Farnum Street P.O. Box 363 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Seven Hills Community Boston Hill Development B & C Realty Trust 81 Hope Avenue 100 Andover By Pass #300 14 Gates Road Worcester, MA 01603 North Andover, MA 01845 Middleton, MA 01949 Trustees of Reservation Sovran Acquisition 527 Essex Street 6467 Main Street ;Beverly, MA 10915 I Buffalo, NY 14221-5856 I < Etiquettes faciles a peter ' e Repliez a la hachure afin de www.avery.com Utilisez leabarit AVERY® 5160® Sens de reveler le rebord Po U TM ' 1 -800 -GO -AVERY 9 1 chargement Pop-Up1 n -' J L� AVERY - � �� AVERY Lr_ _ _ J AVERY -, � � AVERY -, J AVERY n� _� J AVERY J C. - AVERY �� � AVERY -' J AVERY