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HomeMy WebLinkAboutMiscellaneous - Foster Street (2)t v Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 12, 1987 Of MORrp Notice is hereby given that N �.+�-�;+•�� o the Board of Appeals will give a hearing at the Town Building, North Andover, on F'- _ • Tuesday evening the 10 day of February 1987, at 7:30 o'clock, to all parties in- terested in the appeal of " North Andover ssociates requesting a variation of Sec. 7, Para 7.2 and Table 2 of the Zoning By Law so as to permit relief from 50' frontage requirement to existing 46.88' along Foster St. on the premises, located at Parcel 2 & 3 F t St By Order of the Board of Appeals Legal Frank Serio, Jr., Chairman otice Publish in North Andover Citizen on January 15 and 22, TOWN OF NORTH ANO 1987 176 �MASSACHUSEnSOV ER BOARD OFA ottrh January 12 PEALS ,I N , .*•"O • Notice is 1987 aft • e! �`�+`* �o hereb �o f the Board of Y given that w give Appeals will a hearing at the � Buildin Tow 0 Tuesday eVOrt' � � Andover, on 'da•�C ,.� 0! Februafy 1987he 1p day North ti`ciock, , at 7:30 Andover ssociates reereste ' - the Parties in- in Para 7.2 and questin appeal of Permit relief fromTSble 2 0f the Zoni9 a variation of Sec. 46.88 along Oster t. frontage require BY Law so as to Parcel 2 & St. on the ment to existing BY Order 3, Foster St. Premises, located at Frank 0f the Board of Appeals Publishserio, Jr., Chairman 1987 m North Andover Citizen on January 15 and 22, et-- APPILM i � sgeeug�'`� TOWN OF NORTH ANDOVER MASSACHUSETTS } BOARD OF APPEALS NOTICI•; . s ..January, 12..:19...8 7 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on.. Tuesday. . evening the .10. day of ..February...... 19 .. 8 7 at .7 :-IAlock, to all parties interested in the appeal of .... North: Andover..Associates requesting a variation of Sec.. .7 , ..Para . 7.. 2 _ of the Zoning By Law so as toe i and Table 2 p rrnit ......... . relief from 501.. frontage . requi-rement to existing -46 88' - along-Foster- St;........ . on the premises, located at.... Parcel . 2.. &..3 . F.os ter. St . By Order of the Board of Appeals Frank Serio, J Chairman Publish in N. A. Citizen on January 15 & 22, 1987 S TOWN OF NARTH ANDOVER MArSd�j igETTS BOARD. OF APPEALS i lived by Town jno JAN 1:"c 27 TOWN OF NORTH ANDOVCR, MASSACHUSETTS i r BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant _ North Andover Associates----------------- Address Ten Post Office Square, Boston, MA ��i210 9 1. Application is hereby made: a) For. a variance from the requirements of Section -7 W Paragraph7,Z and. Table of the Zoning By Laws. b) For a Special Permit under Section_l_Paragraph of the Zoning By Laws c) As a Party Aggrieved, for review of a decision made by the ' Building Inspector or other authority. 2, a) Premises affected are land --X _and building(s) -numbered '�-- --- ------Street b)- Premises affected are property with frontage on the North ( ) 'South ()Q East ( ) West ( ) side of Foster Street, and known as 440,_- Parcel 2, and_3 Foster Street Street. c) Premises affected are in. Zoning Districtf,-1 and the premises, of f ected have an area of 16.0_6 Ac_eck�e-ee and frontage of 46.88 feet . and 12.78 feet. 3. Ownership a) Name and address of owner (if joint ownership, give all names): North Andover Associates-_------_-_-----__— Date of Purchase 1973 Previous Owner Sim Foster b) If applicant is not -owner, check his/her interest in the premises: Prospective Purchaser _ Le.see Other (explain) 4 Size of proposed building: _- front; -- feet deep; Height -- stories; -_--_feet. a) Approximate date of erection: -- b) Occupancy or use of each floor: _ c) Type of construction: 5,. Size of existing building: feet front;� - Meet deep; height _—stories; feet. a) Approximate date of erection:______,__-_- b) Occupancy or use of each floor: _----- `__ r c) Type of construction:_____________�__ _ 6.. Has there been a previous appeal, under zoning, on these premises? No If 7;.' ;Description of relief sought on. this petition Awfu6, 8. Deed recorded in the Registry of Deeds in Book Page Land:Court Certificate No. Book Page The principal points upon which I base my applicat..on are as follows: (most be stated in detail) I agree to pay the filing fee, advertising in newspaper, and incidental expenses* - 'Vi )jc 61-gnature of P., ti"'Clo er'(s) E e. y_applica - tion for action by the Board shall be made on a form approved by the Board. These forms: shall be furnished by the Clerk upon request. V�,. Any communication purporting to be an application shall be -treated -as mere ice no t of intention Eo seek relief until such time as it is -made on the official application form. All information called =for by the form shall be furnished by the applicant in the manner thereinsprescribed. Every application shall be submitted with a list of "Parties In Interest"• which list.shall include.the petitioner,.abutter.s, owners of land directly opposite on any public or private street or way, and abutters to the abutter. s ;wi thin' three hundred feet (300') of the property line of the petitioner as they appear on the most recent applicable tax list, notw thstanding that the land of any such owner is located in another city. or town, the Planning Board of the city or town,.and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be' responsible for any and all costs involved in bringing the petition before the, Board. ,"-"*-:' Such_costs shall include mailing and publication, but are not necessarily,."..�., limited to these. Every application shall be submi.tted with a plan of land approved"by the Board. No petition will be brought before the Board unless said plan lis been submitted. Copies of the Board's requirements regarding plans.are attached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name �JC�= ' - '� � j 6/4 V/ �JcSe \AL -AU vo Address C U A niC>NC (use additional sheets if' cessary) 6/ ?7Z- 7L - V CA1416 3-447 KOALA INNS OF AMERICA CORPORATION February 26, 1987 Mr. Frank Serio, Jr. North Andover Board of Appeals Town of North Andover 120 Main Street. North Andover, MA 01845 Re: Petition #43-87 Deur Mr. Serio: Enclosed please find a copy of a letter to Mr. Daniel Long along with a copy of a Notice of Decision regarding Petition No. 43-87. We are returning these documents because we believe they were sent to us in error. Very truly yours, Myriam.V. Curran Senior -Vice President -Operations MVC/jt Enclosures EN POST OFFICE SQUARE, SUITE 1315, BOSTON, MASSACHUSETTS 02109, (617) 542-1300 U) q � a Lr) 0 �4 / / 4 ( §.\/4/ �4 P $ Q P. \> 41 p40 0 o n o ata t § / a ® J 4J o o C14 o ==8—= 67)0D C Coo m �e, z 0 ("1cn z---40 <zm cn D�m n a -hD m m inn "'m0 O Cr) 70 C -0 O C O 0D70 mD 0 z ' - f NOwtM, ?:... ,. tioo Town of f�, I 2c) M<Oin 5trcet OI=1-I< L?5 CJ F: a`' a n� � �'�c APPEALS :,� NORTH ANDOVER N �?,'%f; "< J�vrti,Andover, r 4, �,.`ttassachusetts o 184.E BUILDING CnIVSI RVA"I ION Be�CHU8E4 r DIVISION OF ! ;i�61 7) 685-4775 HEALTH ' ' K 111_ANNING PLANNING & COMMUNITY DEVELOPfGIENT'�,� KAREN H.P. NELSON, DIRECTOR .t\1 Mr. Daniel Long, Town Clerk 120 Main Street North Andover, MA 01845 Dear Mr. Long: February 12, 1987 Petition #43-87 North Andover Associates. Foster St., Parcel 2 & 3 The Board of Appeals held a public hearing on February 10, 1987 upon the application of North Andover Associates requesting a variance from the requirements of Section 7, Paragraph 7.2 and Table 2 of the Zoning ByLaws so as to permit relief from 50' frontage requirement to existing 46.88' along Foster Street. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk., Walter. Soule and.Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on January 15 and January 22, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Mr. Nickerson to grant the petition with the condition that the lot remain forever with only one house on it (16.06'acres), with the following vote: In favor, Mr. Soule', Mr. Nickerson and Mr. Vivenzio, opposed, Mr. Serio and Mr. Frizelle. The petition'Was pENI.ED. Attorney Morley presented the case on behalf of the petitioner and stated that the lack. of frontage was caused by.:an engineering error. The Board finds that the petitioner failed to establish a hardship as set forth in Section 10, Paragraph 10.4 of the Zoning ByLaws. Sincerely, NORTH ANDOVER BOARD OF APPEALS o Frank Se i.o,. J< '. , airman /awt 4 O. APRILM x 1835 CH PI, V TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION North Andover Associates Ten Post Office Square Boston, MA 02109 Date .February .1.1, - 3,98.7 Petition No....: . 437.8.7 ....... Date of Hearing.. Xehruary..l 0.,. 1987 Petition of ....... Ngrth..An.dov.e,r..Ass.oci.ate.s .............. .......................... .. ... Associates . Premises affectedFost -1.2.and,.,,,,,;,,,,,,,,,,,,,, .....d .............................. Referring to the above petition for a variation from the requirements of thd Section. 7, .Paragraph. Zonin.g. 13.yLaws ..............I............. .............. so as to permit . relie.f..from..50.'..fr.ontage..re.quz.remQxi.t.t-.o..e-xis.tin.g,.46,88' .along. Fostex. Street ............................................................... After a public hearing given on the above date, the Board of Appeals voted to ..DENY..... the .variance. -as. reque.sted ........ ........... ........................... ....................................... Motion made by. Mr. Soule and seconded by Mr. Nickerson to grant the petition with the condition that the lot remain forever with only one house on it (16.06 acres.) The vote was as follows: In favor, Mr. Soule, Mr. Nickerson and Mr. Vivenzio, opposed, Mr. Serio and Mr. Ftizelle. Motion was DENIED Signed. "C ...... Frank. -Ser-io.,. -Jr..-, .Cha -firman. - ..... Alfred. -Fr.ize.11e.f -Vice.-ch-airman . ...... Walter -Soule ................... .... Augustine. -Nicke.rso-n CIe-rk Raymond. Vivenzi-o ............ Board of Appeals February,12, 1987 Petition #43-87 North Andover Associates Foster St., Parcel 2 &. 3 Mr. Daniel Long, Town Clerk 120 Main Street North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a public hearing on February 10,.1987 upon the application of North Andover Associates requesting'a variance from .the requirements of Section 7, Paragraph 7.2 and Table 2 of the. Zoning Bylaws soasto permit relief from 50' frontage requirement to existing 46,88' along Foster Street. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on January 15 and January 22, 1987 and"all abutters were notified by regular mail. Upon a' -motion made by Mr. Soule and seconded by Mr. Nickerson to grant the petition with the condition that the lot remain forever with only one house on it (16..06 acres), with the following vote: In favor, Mr. Soule, Mr. Nickerson and Mr..Vivenzio,.opposed, Mr. Serio and Mr. Frizelle. The ,Rgtion was DENIED. The Board finds that by denying this petition, there will be no hard- ship created for'the applicant-as_stated in Section 10, Paragraph 10.4 of the Zoning ByLaws. 'Sincerely, NORTH. ANDOVER BOARD OF APPEALS Prank Serio, Jrc-/1, Chairman /awt OF NORTNI Town of Main OFFICES OF: o 120 street North Andover, A1'1'EAI_s .; NORTH ANDOVER BUILDING- CONSERVA! IN '_'":o^^ e ,@8gQH1sEt4 DIVISION. OF Massachusetts O 1845 (617) F85-4775 HEALTK PLANNING; PLANNING &.COMMUNITY DEVELOPMENT KAREN>H.P. NELSON, DIRECTOR February,12, 1987 Petition #43-87 North Andover Associates Foster St., Parcel 2 &. 3 Mr. Daniel Long, Town Clerk 120 Main Street North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a public hearing on February 10,.1987 upon the application of North Andover Associates requesting'a variance from .the requirements of Section 7, Paragraph 7.2 and Table 2 of the. Zoning Bylaws soasto permit relief from 50' frontage requirement to existing 46,88' along Foster Street. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on January 15 and January 22, 1987 and"all abutters were notified by regular mail. Upon a' -motion made by Mr. Soule and seconded by Mr. Nickerson to grant the petition with the condition that the lot remain forever with only one house on it (16..06 acres), with the following vote: In favor, Mr. Soule, Mr. Nickerson and Mr..Vivenzio,.opposed, Mr. Serio and Mr. Frizelle. The ,Rgtion was DENIED. The Board finds that by denying this petition, there will be no hard- ship created for'the applicant-as_stated in Section 10, Paragraph 10.4 of the Zoning ByLaws. 'Sincerely, NORTH. ANDOVER BOARD OF APPEALS Prank Serio, Jrc-/1, Chairman /awt ;lk C.)FFICES OF: APPEALS I� BUILDING �'. CONSERVATION HEALTH , PLANNING OF 0." � • H Town .of 12O Main Su(-(�f North Andover. • :,: $� NORTH ANDOVER .�,c]SSFiC I,IIStAIS 1 Ha -s 'SsacHusE�4 DIVISION (.>I' � '(6)17) 68;-4775 PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON; DIRECTOR February 10, 1987 Mr. Frank Serio, Jr. Board of Appeals Town Hall North Andover, MA 01845 On behalf of.the Planning Board, the Planning Board Chairman and I would like to make the following brief comments regarding your hearings"scheduled for February 10, 1987. Belinsky/Clark St. The variance request for this building is not supported by any rationale as to why they need the setback variance. Nor have they stated that they, have exhausted all efforts to purchase abutting property to comply with the zoning bylaw requirements. They are in excess of frontage and land area which seems reasonable for constructing and industrial building to conform to Table 2 of Ithe bylaw. V North Andover_ Associates It is apparent from the filing of the application that the applicant has .created their own hardship during their process of land planning when Approval Not Required Plans were developed"from the three (3) frontage dots. Again I will reiterate that the applicant should exhaust all -efforts in acquiring additional frontage and land to make the parcel in 'question conform to the - existing zoning. The burden of identifying the hardship must be clearly documented by the applicant and it is not the responsiblity of the Board of Appeals or any other board to determine what the hardship in fact is. In addition, the applicant must request a variance under Section 7.4.1'Lot Width as well. f 4 f Strong/Barrett The request of a variance from Section 4.122,14(b) is to.allow stairways leading to the second floor not be enclosed. Since we do not allow use variances, but dimensional variances only, I do not see how a vaiance could be issued from this section. It is not a dimensional requirement, but a building requirement. This application appears to be improperly before the Board of Appeals. Regards, Karen.H.P. Nelson, Director of Planning and Comm. Dev, Erich Nitzsche Chairman, Planning Board J v cd U O co (a O1 d 1J O 41 .4 N p O o41 V] .4 �4 cA O -It O / z -q as f Op 'r co O A LL a� CZozo $Mot a 0 N v cd U O co (a O1 d 1J O 41 .4 N p O o41 V] .4 �4 cA O -It O / z -q as f w - /4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS North Andover Associates 14 Kiley St. Boston, MA Date: March 16, 1987 Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 5.28 for the following: Filing Fee $ Postage $---5.--- Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Audr W. Taylor, Clerk