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Home My WebLink AboutMiscellaneous - Lot 1 Dale Street (3)Y 0 I 3 CN I 3 C � ,. �.� ,. �.� °� � �, �.. � � �- r r� � SQ � howiw ° , ,,,�c•C.—r�- F? _ °p JO```'1AW TOWN CA ERK a NQRTN ANDOVER 4 MU �0 40 MAR is TOWN OF NORTH ANDOVER MASSACHUSETTS ` BOARD OF APPEALS Arty appeal shall be tiled within 1201 days ager the NOTICE OF DECISION date of filing of this Notice Property: Dale St, Map 37B, Lot #1 Dale, (Berrington Place) In the Office of the Town Clerk. NAME: MPG Realty Corporation DATE: 3/11/98 ADDRESS: Dale St, Map 378, Lot 91 Dale PETITION: 006-98 North Andover, MA 01845 HEARINGS: 3/10/98 The Board of Appeals held a regular meeting on Tuesday evening, March 10, 1998, upon the application of MPG Realty Corp., 11 Old Boston Rd., Tewksbury, MA 01-876, requesting a Valiance for said premises located at Dale St, Map.37B, Lot #1, Dale, (Berrington Place) from the requirements of section 4, Paragraph 136.3(d) (ii), within 75' of Conservation Zone within the Watershed Protection District for construction of a roadway, in the R-1 District, of the Zoning Bylaws. The following members were present: Wafter F. Soule, Raymond Vivenzio, Scott Karpinski and Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 2/24/98 & 3/3/98 and all abutters were notified by regular mail. Upon a motion made by Raymond Vivenzio and seconded by Scott Karpinski, the Board voted to allow the applicant to withdraw the petition without prejudice. Voting in favor. Walter F. Soule, Raymond Vivenzio, Scott Karpinski and Ellen McIntyre. OARD OF APP L$ Walter F. Soule, acting Chairman rnlldecodl ^ *9 ,JOYCE �> • * TOWN CLi RIK NORTH ANDOVER ,SSA HUSE� V JY TOWN OF NORTH ANDOVER SSP 17 MASSACHUSETTS BOARD OF APPEALS Any appeal shall be tiled date of filing of this Notice within (20) days after the NOTICE OF DECISION In the Office of the Town Clerk. Property: Dale St., Map 37B, Lot #1, (Berrington Place) NAME: MPG Realty Corp. DATE: 9/9/98 ADDRESS: 11 Old Boston Rd. PETITION: 016-98 Tewksbury, MA 01876 HEARING: 6/9/98 & continued to: 9/8/98 The Board of Appeals held a regular meeting on Tuesday evening, April 14, 1998, upon the application of MPG Realty Corp., 11 Old Boston Rd., Tewksbury, MA 01876, requesting a Variance for said premises located at Dale St., Map 371B, Lot #1, (Berrington Place), North Andover, MA from the requirements of Section 4, paragraphs 136.2 (b) & (iv); 136.2 (f); 136.3 (d), of Table 1&2 to build a roadway with all required details within the 75' conservation zone, in R-1 Zoning District, The following members were present: Walter F. Soule, Raymond Vivenzio, John Pallone, Scott Karpinski, Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 5/26/98 & 6/2/98, and all abutters were notified by regular mail. Upon a motion made by Walter Soule, and seconded by John Pallone the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor: Walter F. Soule, Raymond Vivenzio, John Pallone, Scott Karpinski, Ellen McIntyre. BOARD OF T7PAL William J. S ilivan, Chairman Zoning Boa d of Appeals /decoct2 WILLIAM J. SCOTT Director Town of North Andover - HaRT4 OFFICE OF 1 yon oL COMMUNITY DEVELOPMENT AND SERVICES ° . p 30 School Street 9 + North Andover, Massachusetts 01845 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. Petition of MPG Realty Corp. Premises affected Lot 1 Dale Street < it Date June s, 1998 Date of Hearing May 19, 1998 & June 2, 1998 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 to determine whether there are specific and material changes in the tion for a variance to allow a repetitive petition within the 2 year prohibition After a public hearing given on the above date, the Planning Board voted to allow applicants to the Speical Permit- repetitive petition WITBDRAW W/O PREJUDICE based upon the following conditions: Signed Ln �7, , t,,'l CC: Director of Public Works Richard S.Rowen, Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Joseph V. Mahoney Towns Outside Consultant File Planning Board Interested Parties CONSERVATION - (978) 688 9530 • HEALTH • (978) 688-9540 • PLANNING - (978) 688-9535 *BUILDINGOFFICE - (978) 688-9545 • *ZONING BOARD OF APPEALS - (978) 688-9541 • *146 NIAIN STREET �Ul� Associates, LLC ,Real Estate Consultants 704 Londonderry Turnpike, Auburn, ,NH 03032 June 3, 1998 North Andover Planning Board C/O Ms. Kathleen Bradley Colwell 30 School Street North Andover, MA 01845 Via Facsimile: 978-688-9542 Dear Mr. Chairman:: PALE 01 Teleplwne 9:(603)641-8200 Facsimile #:(603)64I -,Y882 Please accept this letter as a request by MPG Realty Corp to withdraw our application for the repetitive hearing, without prejudice. This is in reference to application made April 22°d, 1998 for the Berrington Place Subdivision located on Dale Street and described as Map 378, Lot #1. It is my understanding that the fees will be waived in the event we resubmit a request for a repetitive hearing. Please call if you need any additional information. Respectfully submitted, lmer A Pease, II Owner's Representative EAP/sp cc: Kenneth Grandstaff Michael Gerstein, Esq. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Stevens Memorial Library, 345 Main St., North Andover, MA on Tuesday the 9th day of June, 1998, at 7:30 PM to all parties interested in the appeal of MPG Realty Corporation, 11 Old Boston Rd., Tewksbury, MA 01876, requesting a Variance for property located on Lot #1, Dale St., from the requirements of Section 4, Paragraph 136.2 (b, (iv); 136.2 (f); 136.3(d), to'build a roadway with all required and related utilities and details within the 75' Conservation Zone within the the Watershed Protection District, for the construction of a roadway, in Table 1 & 2. Said premises affected are property with frontage on the North side of Dale St., Map 37B, Lot #1 Dale, (Berrington Place) which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street, Monday through Thursday, 9.00AM - 1.00PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 5/26/98 & 6/2/98 legalnov/9 W U \ 3oldR�y'Oy7roAa` ^�O Orik-N(ON Oam CC NC CDC �o N a0OY'�LLo6w8(LT .—L_NN> �N y Ccs ~ 2f/iJyN LLOwaona�d1°�o0a) 00 cma>o�'ovmim m b'i�0 3 oma 3�� ppV1C>a=�� r oyc 9�cc `o as �. �o d¢v�zc �w Ud oQ _ Z7Q�Q 0>« Cr l0 Or:� O'(d 03 cU p U o, CII T O -i c J 41 =Q 0L Oz Ca1 'CLf'�7 •� ��>•Ovv ONNON�Ln 0O .N-,'OA-MOy DO-�� F-'f'•(n0 c«ti 'Q -= Ct mZ V �_D O.� tU��n7 .�Ow OM(h Y_'9L_.L_-• O,O °� �, ALW ON OrQ C 0<< U ro e O. � M N '° � N � > LI- Q] (n t0 r C a� Y N y CO ?i 0" U � '- O �., C& C Z m Z N m O vl 'L C 3 3 0. G1 C 0.� >. L_ C c0 nZ a., 0 A Np 7� L wL�JZF�r000�°�aOEoi�3�3Nd�F`d�n.t�m�a�m-Lq w T M fR i SSAC HLJ 9 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Stevens Memorial Library, 345 Main St., North Andover, MA on Tuesday the 10th day of March, 1998, at 7:30 PM to all parties interested in the appeal of MPG Realty Corporation, 11 Old Boston Rd., Tewksbury, MA., 01876 requesting a Variance from the requirements of Section 4, paragraph 136.3(d) (ii), within 75' of Conservation Zone within the Watershed Protection District, for the construction of a roadway, in Table 2, of the Zoning Bylaws. Said premises is property with frontage on the North side of Dale St., Map 37113, Lot #1 Dale, (Berrington Place) which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street, Monday through Thursday, 9:OOAM - 1:OOPM. LEGAL NOTICE By Order of the Board of Appeals, TOWN OF William J. Sullivan, Chairman NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given I that the Board of Appeals ' will hold a public hearing at the Stevens Memorial Library, 345 Main St., North Andover, MA on Tuesday the .10th day of Published in the Eagle Tribune on 2/24/98 - 3/3/98. March, 1998; at 7:36 PM I.to all peal o MPc Reap, Corporation,. 11 Old Boston Rd., Tewksbury, MA., 01876 requesting a Variance from the require- ments of Section 4, para- graph 136.3(d) (ii), within /legalnov/1 75' of 'Conservation Zone within the Watershed Pro- tection District, for the con- struction of a roadway, in Table 2, of the Zoning Bylaws. Said premises is prop. erty with frontage, on .the North side of Dale St., Map 378; Lot #1 Dale, (Berrington ,Place) which is in the R-.1 Zoning Dis- trict. Plans are 'available for review at the Office of the Building Dept.,, Town Hall, 120 Main Street, Monday through Thursday, 9:00 AM -1:00 PM. By Order of the Board of Appeals William J. Sullivan, irman E -T =. Feb. 24; Ma h 3, j 1998 ``' • 1 f NORTH N o � s a 'y9SSA HUSE� 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Stevens Memorial Library, 345 Main St., North Andover, MA on Tuesday the 10th day of March, 1998, at 7:30 PM to all parties interested in the appeal of MPG Realty Corporation, 11 Old Boston Rd., Tewksbury, MA., 01876 requesting a Variance from the requirements of Section 4, paragraph 136.3(d) (ii), within 75' of Conservation Zone within the Watershed Protection District, for the construction of a roadway, in Table 2, of the Zoning Bylaws. Said premises is property with frontage on the North side of Dale St., Map 376, Lot #1 Dale, (Berrington Place) which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street, Monday through Thursday, 9:OOAM - 1:OOPM: 'LEGAL NOTICE B Order of the Board of Appeals, Y pp TOWN OF NORTH ANDOVER William J. Sullivan, Chairman MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that. the Board of Appeals will hold a public hearing at I the Stevens Memorial Library, 345 Main St., North Andover, MA on Tuesday the 10th day of Published in the Eagle Tribune on 2/24/98 - 3/3/98. March, 7998; at 7:30 PM to all parties atin the appeal of MPG Realty Corporation, 11 Old Boston Rd., Tewksbury, MA., 01876 requesting a Variance from the require- ments of Section 4, para- graph 136.3(d) (ii), within 75' of Conservation Zone /legalnov/1 within the Watershed Pro- tection District, for the con- struction of a roadway, in Table 2,, of the Zoning Bylaws. Said premises is prop- erty with frontage on the North side of Dale St., Map 376, Lot #1 Dale, I Berrington Place) which is in the R-1 Zoning Dis- trict. Plans are available for ' review at the Office of the Building Dept., Town Hall, 120 Main Street, Monday through Thursday, 9:00 AM -1:00 PM. By Order of the Board f of Appeals William J. Sullivan, Chairman E -T — Feb. 24; March 3, . 1998 s 4 f . '40R TN + O� 3 � h p SSA USEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Stevens Memorial Library, 345 Main St., North Andover, MA on Tuesday the 10th day of March, 1998, at 7:30 PM to all parties interested in the appeal of MPG Realty Corporation, 11 Old Boston Rd., Tewksbury, MA., 01876 requesting a Variance from the requirements of Section 4, paragraph 136.3(d) (ii), within 75' of Conservation Zone within the Watershed Protection District, for the construction of a roadway, in Table 2, of the Zoning Bylaws. Said premises is property with frontage on the North side of Dale St., Map 3713, Lot #1 Dale, (Berrington Place) which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street, Monday through Thursday, 9:OOAM - 1:OOPM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 2/24/98 - 3/3/98. Aegalnovll PD Associates, LLC NPw Real Estate Consultants Telephone #:(603)641-8200 1600 Candia Road, Suite #7, Manchester, NH 03109 Facsimile #:(603)641-8882 June 22, 1999 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Dale Street, Map 37B, Lot 1 Request for Repetitive Petition & Variance Dear Mr. Chairman, Pursuant to the discussions with the Board this past May 1 la' regarding our request for hearing a repetitive petition and our subsequent application for consideration of a variance, we are providing information to the Board as requested. Further, considering an appeal is currently filed for the Planning Board's repetitive petition decision of April 6a', 1999, the applicant is currently discussing a settlement with the appellant to avoid further litigation. However, the applicant is prepared to file a motion to dismiss if a decision is not reached within 10 days. In light of the fact this appeal may be settled, we respectfully request that the Board continue our hearing for 30 days. This will allow us the opportunity to either settle the appeal or file our motion to dismiss prior to the next meeting. In the event we are unable to settle the appeal with the abutter, than I will provide a letter to the Board requesting withdrawal of our applications without prejudice, prior to our next scheduled meeting. This scenario will allow us the opportunity to continue seeking the variance and give the board the opportunity to review the new information provided. We appreciate the opportunity the Board gave us in presenting our request for the repetitive petition on May 1 I°i and look forward to completing our presentation as soon these matters are settled. Respectfully submittee�dd,, , mer A. Pease, II CPM, EA Owner's Representative EAP/sp Cc: Kenneth Grandstaff Michael Gerstein, Esq. .' PD Associates, LLC Real Estate Consultants 1600 Candia Road, Suite #7, Manchester, NH 03109 June 22, 1999 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Dale Street, Map 37B, Lot 1 Request for Repetitive Petition & Variance Dear Mr. Chairman, N� Telephone #:(603)641-8200 Facsimile #:(603)641-8882 Pursuant to the discussions with the Board this past May 11th regarding our request for hearing a repetitive petition and our subsequent application for consideration of a variance, we are providing information to the Board as requested. Further, considering an appeal is currently filed for the Planning Board's repetitive petition decision of April 6a', 1999, the applicant is currently discussing a settlement with the appellant to avoid further litigation. However, the applicant is prepared to file a motion to dismiss if a decision is not reached within 10 days. In light of the fact this appeal may be settled, we respectfully request that the Board continue our hearing for 30 days. This will allow us the opportunity to either settle the appeal or file our motion to dismiss prior to the next meeting. In the event we are unable to settle the appeal with the abutter, than I will provide a letter to the Board requesting withdrawal of our applications without prejudice, prior to our next scheduled meeting. This scenario will allow us the opportunity to continue seeking the variance and give the board the opportunity to review the new information provided. We appreciate the opportunity the Board gave us in presenting our request for the repetitive petition on May 11°i and look forward to completing our presentation as soon these matters are settled. Respectfully submitted mer A. Pease, II CPM, EA Owner's Representative EAP/sp Cc: Kenneth Grandstaff Michael Gerstein, Esq. Town of North Andover NORTH OFFICE OF o�a`,..o I',�0 COMMUNITY DEVELOPMENT AND SERVICES 30 School Street a� y � x North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director NOTICE OF DECISION r", Any appeal shall be filled y within (20) days after the date of filling this Notice in the Office of the Town - Clerk. Date April 21, 1999 Date of Hearing MArch 16, 1999 & April 6, 1999 Petition of MPG Realty Corp_ April 20, 1999 Premises affected Lot 1 Dale Street Referring to the above petition for a special permit from the requirements of the - North Andover Zoning Bylaw Sect -ion 10.8 so as to allow to determine whether there are specific and material changes in the application for a variance to allow a repetitive petition within a two year prohibition After a public hearing given on the above date, the Planning Board voted to APPROVE the SPECIAL PERMIT REPETITIVE PETITION based upon the following conditions: Signed_. CC: Director of Public Worsts Richard S.Rowen, Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard N84'della Applicant Engineer Joseph V. Mahoney - Towns Outside Consultant File Plannina Board V Interested Parties CO,VScRti'AT10N . (978) 638 953Q HEAL"I'H - (973) 633-9510 PL�N�VINC - (973) 6a3-)535 "13CII_llING OfFICT: - 1`)7!3) 688-9<�c '"ZONTitiC T3(�:�RD OG :1]'PL.AL� - (7%3j C>;{:;-7`11 "1�Fi .`.L�1N J"i�Rl_:_"1' Lot 1 Dale Street — Repetitive Petition 5, The Planning Board herein consents to allow the petitioner as set forth below to re -petition the Zoning Board of Appeals. The petitioner is MPG Realty Corporation, 11 Old Boston Road, Tewksbury, MA 01376. The petition was submitted on March 12. 1999. The Planning Board makes the following findings as required by MGL ch. 40A Sec. 16 and North Andover Zoning By -Law Section 10.3: FINDINGS OF FACT: I . On March 13, 1993, MPG Realty Corporation filed a petition with the North Andover Board of Appeals for a variance from the requirements of Section 4. 136.2(b) and (0 and 4.136.3(d) to construct a roadway with all required details within the 75' conservation zone. 2. On April 15, 1993 the North Andover Board of Appeals voted to deny the petition because the applicant had not met the requirements necessary for a Variance such as unique conditions of soils, slopes, and hardship. 3. On April 21, 1993 the North Andover Planning Board voted to approve the Berrington Estates subdivision located at Lot 1 Dale Street. 4. On March 16. 1999, the North Andover Planning Board endorsed the approved subdivision plans. 5. The applicant submitted specific and material changes to their application indicating where their proposal meets the requirements of the denial by the Zoning Board, soils slopes and hardship. Through their new application submittal they have provided information that addresses a more complete response to the criteria set forth for a variance. Decision: The Planning Board has determined that specific and material changes have occurred in the conditions upon which the unfavorable decision was based, such as the following: The submittal of additional and more specific information indicates that the circumstances are related to the reasons for the denial by the Zonin Board which is the lack of evidence that there are conditions of soils that are unique to the lot and create hardship. The subdivision plan has been approved and endorsed by the North Andover Planning Board setting forth the roadway for which the variance is requested. y v The subdivision plan includes changes that will lessen the,i npacts on the watershed and therefore reduce impacts. These changes relating tom protection of the watershed are indicated in a letter from PD Associates, LLC Auburn N.H. dated March 4, 1993, as follows; a. Catch basin 3A is moved outside the driveway. b. Removal of sidewalks. C. Moved leaching pits outside the 150 -foot zone. d. Lawns will be outside the 100 -foot zone. e. Dentition basin will be outside the 75 -foot zone. f. A permanent boundary is added to delineate the 75 -foot buffer zone. g. The stonewall at the entrance is•reset. The Board votes to hereby recommend for allowing the applicant to reapply to the Zoning Board for the Variance. Lot I Dale Street — Repetitive Petition