HomeMy WebLinkAboutBLUNDIN, MAURA & DAVID uk t1(SItT{r�
Zoning Bylaw Denial
Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
Phone 978=688-9545 Fax 978-688-9542
Street: . 0 P P, .. S
Ma /Lot:
Applicant: M A o a�
Req ues s1ra n
vhr tieStQace�
Date: E� - l ca- o a
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following,Zoning Bylaw reasons:
Zoning
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient e 3
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Complies Li e S 3 1 Preexisting frontage
4 insufficient Information 4 insufficient Information
B Use 5 No access over Frontage
1 Allowed 4e- 5 G Contiguous Building Area
2 Not Allowed 1 Insufficient:Area
3 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply S 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies
3 Left Side insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information y e S
5 Rear Insufficient I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum.
7 Insufficient Information 2 Coverage Complies 4 r- g
D Watershed 3 Coverage Preexisting
1 Not in Watershed y e S 4 Insufficient Information
2 In Watershed j I Sigh
3 1 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 insufficient information 3 Insufficient Information
E Historic District K Parking N
1 In District review required 1 More Parking Required
2 Not in district Lje S 2 Parking Complies_
3 Insufficient Information 3` Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
item # Special Permits Planning Board Item# 'Variance
Site Plan Review Special Permit Setback Variance
Access other than Frontage S ecial Permit Parking Variance
Frontage Exception Lot S eciai Permit Lot Area Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit $ ecial Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conformin Use-213A
Lar a Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Permit Special Permit Use not Listed but Similar
Planned Residential Special Permit Special Permit for Sign
R-6 Density Special Permit., Special Permit preexisting nonconforming
Watershed Special Permit
I:f- 110A,1fiaGF V4A1AA)Ce.
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and
or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent
changes to the information submitted by the applicant shall be grounds for this review to be voiced at the discretion of the
Building Department.The attached document titled'Plan Review Narrative"shall be attached hereto and incorporated herein
by reference. The building department will retain all plans anddocumentation for the above file.You must file a new building
permit application form and begin the permitting process.
U06g Departm('IOonfOfficial Signature Ap=pli roti r n Receives Application Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the applicatic .
permit for the property indicated on the reverse side:
-1 1/A1?1AV1e- 7raA..--
v4 moi°'
S r c T. i6 cp A -f-A—
L.�w
Referred To:
Fire Health
Police Zonina Board
Conservation De rtment of Public Works
Planning Historical Commission
Other BUILDING DEPT
8/14/02
Town of North Andover
North Andover, MA 01845
To Whom It May Concern:
RE.Request for Road Frontage Variance;Maura B indin
A. The Particular use proposed for the land or structure:
We would like to build a one-family house on the four-acre property(lot#7)at the end
of Appleton Street. The home would not exceed.the 35-foot height requirement nor
would it be built within 30 feet of property lines. Currently there is no roadway access to
the property. We would like to gain access by building a driveway on the undeveloped
section of Appleton Street
B. The circumstances relating to soil conditions,shape or topography of such land
or structure especially affecting the property for which the variance is sought which
do not affect generally the zoning district in which the property is located:
We are requesting a variance on the 175' road frontage requirement. Any road or
driveway built on the undeveloped section of Appleton Street would only provide access
to our potential house and wooded property that is not for sale. Considering this, it seems
unnecessary to build a road capable of handling large amounts of traffic. An 18' wide
driveway with a `hammerhead' turn around area should provide sufficient access for
emergency vehicles, if needed, while at the same time maintaining more woodland. The
variance on frontage requirements would not affect the zoning requirements for the
home.
C. Facts that 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:
In order to comply with the 175' road frontage requirement, a town-quality road would
need to be constructed. This road's length would not only be the 175' required by the
zoning restriction, but also an additional 265' to connect to the existing Appleton Street.
Construction of this 50' wide town-quality dead-end road would be quite expensive and
cause much more land to be cleared. We also consider it to be visually unattractive.
D. Facts relied upon to support a finding that relief sought will be desirable and
without substantial detriment to the public good:
Construction of an 18' driveway would provide a more inconspicuous entryway to the
property. This smaller roadway helps us to preserve the look and feel of the
neighborhood by not having to destroy many of the old trees that would need to be
uprooted to build a town road. Using an 18' wide driveway to access the property would
preserve approximately 16,240 square feet of land. It is understoodthat maintenance of
the driveway would be our responsibility(i.e. plowing)thus saving the town time and
money. It is also understood that town services, such as trash pick-up and school busing,
would be provided at the end of our driveway. Additionally,we will be keeping the four-
acre lot as a whole, rather than attempting to create two two-acre lots, which will help
prevent the area from becoming over developed.
E. 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 zoning
bylaw:
It is our understanding that the 175' road frontage requirement is in place to prevent the
town from becoming over-developed and preserve the feel of the neighborhood.
Granting the variance in our case would not substantially derogate the bylaw because our
lot is well over the minimum lot size requirement and the property is in a discrete
location.
F. Submit RDA from Conservation Commission when Continuous Buildable Area is
applied for in ZBA application.
Not applicable
Town of North Andover,Zoning Board of Anneals
Parties of Interest/Abutters Listing
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 opposite on any public or
private street or way, and abutters to abutters within;three hundred(300) feet of the
- property lineofthe petitioner as they appear on the most recent applicable tag list,
notwithstanding 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."
Applicant's property, list by map,.parcel, name and address (please print clearly
and use black ink.)
MAP PARCEL NAME ADDRESS
_
V5 7 t'►'l a u ra B f uno(in hPole-6x S+
ABUTTERS PROPERTIES
MAP PARCEL NAME ADDRESS
fo S
13J Tbom -0 r- ldoexy-ftbCWgLk -1 ZD
5 1,33 James a a kic P'nQ
In I 3 q rTbhx `C,S
6� /3S' C Kar I-es b han q
Sinje t Prey r- n
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIE Y THE ASSES ORS OCE BY:
DATE /S/2
...:_ SIGNATURE P GE -OF
(,yttified b Date `�/ /�Z
Y
B of AsSe�0f 1 rth Andover
i
2i THE PROPERTY LINES SHOWN ARE THE
LINES DIVIDING EXISTING OWNERSHIPS,AND PLAN OF LAND
THE LINES OF STREETS AND WAYS SHOWN -LOCATED IN—
G ARE THOSE OF PUBLIC OR PRIVATE STREETS
RO.gQ OR WAYS ALREADY ESTABLISHED,AND NO NORTH ANDOVER, MA.
Zzo AO NEW LINES FOR DIVISION OF EXISTING OWNED BY
�p9 rh904a.oa'� _\e�I:':.:\\ \ 4 OWNERSHIP OR NEW WAYS ARE SHOWN.
R=2000
MAURA BLUNDIN
Q�aG�
*� x12 1 \ CHARLES F.DEEHAN NORTH ANDOVER SCALE:1"=60' DATE:6/26/2002
?Tem�, ;\� BOARD OF APPEALS 7/16/2002
1 `\ Bio �---'_ LOT 1 s160' 240'
�t t't .. ,B \ 0.
8d'
WF
STEVEN W.PROCTOR Scott L.Giles R.P.L.S.
Frank.S.Giles R.P.L.S.
Lot 2s t g gp
a A»Over,MeQr ead0 Road
�; w 210 N/F DATE OF FILING: Nass.
204 i r RICHARD C.NYE NOTE:SEE ASSESSORS MAP#65 J PARCEL 7
DATE OF HEARING
\ypp .
�• EAST SMH _
R=20343 LOT 14 DATE OF APPROVAL:
262 Biec.a➢W. .. -_
1<Jcr.yFu...CA
ftW
JAMES A.PANOAKAS
Q gg� 198 °� d� LOT 13 1� OF
196S8a26'03"E
`� kP �`- 13972
R� 1a0 ap
ENDROAD LAYOU E6/STE�� Q
ti
IToto aLaN a�sea d.n. _ \\ \\ i .: �__ z1z _ \\\`"` ' r I� �� C LRN 9�
192 \, \ \ ." P'-•wr 10 � �
i
THIS IS TO CERTIFY THAT/HAVE CONFORMED neo ,g>.
WITH THE RULES AND REGULATIONS OF THE / SII I I i
REGISTERS OF DEEDS IN PREPARING THIS PLAN o,
,age
204 87171
REGISTERS 33 w\' —� 1 1
S9P1.46' E
280
I f I f f I 1 I 1
--198 ' / I I f I ��, N/F
ANNA&CLAUDIA
182\ --y9g _. w TYMVAKIEWIZ
' PARCEL 7
I`
174,240 S.F.192
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Tee
r
ANNA&CLAUDIA s� A }(,
TYMVAKIEWIZ ,,.. \ � 84_
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ANNA&CLAUDIA .......... .. ,
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TOWN OF NORTH ANDOVER VARIANCE -
ZONING BOARD OF APPEALS v R l GI NA L
Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must STEP 6: SCHEDULING OF NEARING AND
be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE:
hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules
within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal
dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and
incom tete. for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
The information herein is an abstract of more specific cost of the Party in interest fee.
requirements listed in the Zoning Board Rules and
4 9
Regulations and is not meant to supersede them. items that STEP 7:DELIVERY OF LEGAL NOTICE TO
are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and receives notice to the local newspaper for publication.
a Permit Denial form completed by the Building
Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. in the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using
completed. the information it has otherwise received.
Step 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing,a copy of the Board's decision will be
cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17, within twenty(20)days"
Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk.
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION
certifying the time and date of filing. The remaining ten PLANS.
copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of
Appeals secretary. the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of
Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of
information, the petitioner requests from the Assessors Appeals and the Building Department Office.
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS: �-
c
4 978-688-9541 Zoning Board of Appeals Office `'' r-1
978-688-9501 Town Clerk's Office rn
978-688-9545 Building Department m
r'�x
r`.. :-.0
N
i
Page 2 of 4
Application for a VARIANCE
Zoning Board of Appeals
1. Petitioner: Name, address and telephone number:
(Ylaktra- a44d- L�aVio(. RtLkr\GL1 n akow,
4
Pl Rd ,
r h I�tno�y�er �I SLI S
'The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
M : a�g-6g -a3gg
Pihe R4 t° RJl)or�k Andover YYl A 0 1 94S
Years Owned Land: I+ess +kat\ ovye,(i� ueai— Ia geruK. I monmM
3. Location of Property:
a. Street: n Awlefit, Zoning District (Z-
b. Assessors: Map number 45 Lot Number: '+
c. Registry of Deeds: Book Number . I ?Rc/ Page Number: !�/5
4. Zoning Sections under which the petition for the Variance is made.
Sec-Hon -+. a 4 To-611- a
'Refer to the Permit Denial and Zoning By-taw Plan Review as supplied by the Buld'mg commissioner
5. Describe the Variance request
S`-�+r'eet -firm+a j e. CeVA t r-en'eAt ofI S See n array-i ve�
*The above description shah 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 of this application.Failure by the applicant to clearly describe the request 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.
i
6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current
Zoning By-Law Requirements. (A and B are in the case of a lot split) I
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. AJ 14 NIS+ N 1 % 54.9 A_ A11A N/A N1,+
1
B. %
I
i
Page 3 of 4 Application for a VARIANCE
Zoning Board of Appeals
k
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
I
1-+14)0114 I ly,ako % NIS- Nl# Nl# )V/4 N +
k c. Proposed Lot (S):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
N/A /V/,4 N/i4 % V1,4 IV1,4 V/,l A)/t N/4 A)1X
d. Required Lot: (As required by Zoning By-Law)
f Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
TTj I ao NIR rjlj R % f--�6 Nilo 30 30, 30, 301
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq.feet Building`'
WA AJIA /v/,q
fill A)/A NJ/9
ri lIq /V Ir,- k 1
*Reference Uses from the Zoning By-Law.State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
r
apprN. 14 deiJ hom e,
*Reference Uses from the Zoning By-Law.State number of units in building.
8. Petitioner and Landowner signature (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 Clerk'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 shah be
responsible for all expenses for filing and legal notification. Fahure to comply . application requiremerrts,as cited herein and in the Zoning Board Rules and
Regulations may resultlt in a dismissal by the Zoning Board of this application moomMA
Sion ure ! z c---4 ,�d -\
Type above name (s) here m CLi,i.ra A)"ta I LLV a h
PAGE 4 OF 4 VARIANCE
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 C. FEATURES TO BE INDICATED ON PLAN:
10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include:
shall be clearly identified and factually supported and addressing 1. North point
each of the following points individually is required with this 2. zoning district(s)
application. 3. names f e
e o streets
4. wetlands to be shown on plan (if applicable)
A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius
B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within
topography of such land or structures especially 50'from applicants proposed structure
affecting the property for which the variance is sought 7. deed restrictions, easements
which do not affect generally the zoning district in B. Legend&Graphic Aids:
which the property is located. 1. Proposed features in solid lines&outlined in red
C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines
financial or otherwise,which results from literal 3. Graphic Scales
enforcement of the applicable zoning restrictions with 4. Date of Plan
respect to the land or building for which the variance 5. Title of Plan
is sought. S. Names/addresses/phone numbers of the
D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or
will be desirable and without substantial detriment to surveyor.
the public good.
E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS:
may be given without nullifying or substantially Major Projects shall require that in addition to the above
derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and
bylaw. topographic information. A set of building elevation and
F. Submit RDA from Conservation Commission when interior of building plans shall be required when the
Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or
application. a proposed change in use. Elevation plans for minor
projects including decks,sheds,&garages shall be
10. Plan of Land included with a side view depicted on the plot plan,
Each application to the Zoning Board of Appeals shall be which includes a ground level elevation.
accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES
be submitted with this application to the Town Clerk's
Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by
the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
10 A. Major Projects Applicant is to supply stamps(appropriate
Major projects are those which involve one of the following current postage)for mailing of decisions to all
whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A,
spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary
c)2000 square feet or more of building area. will compute number of stamps.
Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed
require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail
asterisks(*). In some cases further information may be decisions to abutters and parties in interest.
required C. Administrative fee of$50.00 per application.
10 B. Plan Specifications:
a) Size of plan: Ten (10) copies of a plan not to exceed
11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in
b) Plan prepared by a Registered Professional Engineer one (1)year if not exercised and a new petition must
and/or Land Surveyor,with a block for five (5)ZBA be submitted.
signatures and date indicated on mylar.
JOYCE Ln
TOWN QLEi),K
�,s•,..° t< NORTH ANDOVER
SACFIUg
NORTH ANDOVER JUL 2 222 PP '9
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER,MASSACHUSETTS 01845
FAX(978)688-9542
.Any appeal shall be tiled
within(20)days after the
date of filing of this notice NOTICE OF DECISION
in the office of the Town Clerk. Ptoperty at:Appleton S#nset,Lot A&B
NAME: Estate of Margaret Simon(c/o Blaine Cern) DATE:6/29/ J
ADDRESS: for premises:Appleton St.,Lot A&B PETITION:006.9$
North Andover,MA 01845 1 HEARING:5/11/99&6/22/99
The Board of Appeals held a regular meeting on Tuesday everting,June 22,1999 upon the application of Estate of
Margaret Simon,Appleton Street,Lot A&B(c/o Blaine Gann)North Andover,requesting a.Variance from the
requirements of Section 7, P7.1 of Table 2 for relief of lot dimension for Lot A&B in order to corrstinact a roadway n
order to build one home on each lot within the R-1 Zoning District.
The following members were present: William J.Sullivan,Walter F.Soule,George Eafey,Ellen Mclnyre.
The hearing was advertised in the Lawrence Tribune on 4127199&541W and all abutters were notified by regular
mail. No persons appeared in opposition to the petition.
Upon a motion made by Walter F. Soule and 2nd by George Earley, the Board voted to allow the petitioner to
Withdraw the Petition Without Prejudice. Voting in favor: William J.Sullivan,Wailer F. Soule,George Earley,and
Ellen McIntyre.
By Order of Appeals,
7
Wtitiam J. bran,Clairmm
ml/1999decisiord21
BOARD OF.APPEALS 688.9541 BUILDINGS 688.9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAIv`NING 688.9535
t
JO.Cl* E,R&T-) 'wen JOYCE 8 D q"HAV
TOWN CLPII'� TOWN CLERK
Received by TownZlerk: NORTH ANDOVER NORTH ANDOVER
TOWN OF NORTH ANDOVER,MASSA%VWJETjs 20 35 MAR 31 3 2Q
BOARD OF APPEALS
APPLICATION.FOR REL-FEF FROM THE ZONU4G ORDWA CE
Applicant ESTATE OF MARGARET SIMON Address 41 MERRIMACK ST
METHUEN TeL No._ss 22Aw
1. Applicant is hereby made:
a) For a variance from the requirements of Section: 7
Paragraph 7.1 and Table 2 of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning-Rylaws
C) As a Party Aggrieved for review of a decision made by the Building Inspector or other
authority.
2. al Premises affected are land_:x and buildings)
numbered ASSESSORS MAP 65 PARCEL 7 APPLETON STREET
b) Premises affected area property with frontage on the North( )South ( ) East(X)West( )
side of APPLETON Street.
C) Premises affected are in Zoning Districr R-1 and the premises affected have
area of 4.0 ACRES square feet and frontage of 450' feet.
3. Ownership:
a} Name and address of owner(ifjoint ownership,give all Hamas):
ESTATE OF MARGARET SIMON C/O BLAINE GANN 41 MERRIMACK ST. METHUEN
Date of Purchase Previous owner:
b) 1. If applicant is not owner,check his/her merest m premises:
Prospective Purchaser 1,essee Other
5 of 8
4. Site of proposed buildings front; feet deeq
Height stories; lees.
a) Approximmw4ate of erect
b) Occupancy or use of each Door:
C) Type of constr don
5. Has there been a previous appeal,under zoning,on these premises? NO When
6. Description of relief sought on this petition AREA NEEDED TO CONSTRUCT ROADWAY,
APPLETON STREET WHICH WAS PREVIOSLYABANDON, REQUIREMENTS MADE BY PLANNING BOARD
COULD BE DONE BY EASEMENT AS HAS PREVIOUSLY BEEN DONE MANY TIMES
7. Deed recorded in the Registry of Deeds in Book 1894 No. Page L
Land Court Certificate Na. Beek Wage
The principal points upon which I base my application are as Mows (=Lqt be stated in detail)
APPLETON STREET AS IT NOW EXISTS IS NOT 50'WIDE AS REQUIRED BY REGULATION TO
CONSTRUCT A ROAD.
IN THE PAST EASEMENTS WERE PROCURED TO FACILITATE THE ROADWAY CONSTRUCTION.
MY CLIENT WAS WILLING TO GRANT SUCH AN EASEMENT.
THE PLANNING BOARD REFUSED OUR REQUEST TO RESOLVE THE PROBLEM IN THIS MANNER
I agree to pay the filing fee,advertising in newspaper,and incidental expems*
<���r�c-yQ� •3 X30 9
SignaUwe of Petinoncr(s)
6of8
DESCRIP'I'[ON OF VARIANCE REQUESTED
ZONING DISTRICT: R-1
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension 87120 85208 1512 S.F.
Arca
87120 81848 5272 S.F.
Street Frontage
Front Setback(s)
Side Setback(s)
Rear Setback(s)
Special Permit Request:
7 of 8
LIST OF PARTIES OF INTEREST PAGE 1 OF 1
SUBJECT PROPERTY
MAP_ PARCEL NAME _ ADDRESS
65 7 BLAINE GANN; EXECUTOR
-- 41 MERRtMACK STREET METHUEN MASS.01844
ESTATE OF MARGARET R. SIMON
MAP PARCEL NAME ADDRESS
8&9 ANNA IYMVAKff-WIZ- 464 APPLETON ST-, NORTH ANDOVER, MASS.01 845
- -_ _ 135 CHARLES F.-DEEHAN 162 PINE RIDGE RD. NORTH ANDOVER MASS.01845
I -
---Ll 34 WILLIAM J. BOND 150 PINE RIDGE RD. NORTH ANDOVER MASS.01845
_ {x_133 P-AN 138 PINE RIDGE RD. NORTH ANDOVER. .01845
131&132 TOWN OF NORTH ANDOVER 120MAIN ST. N RTH ANDO ER MAS.01845
i
NORTH ANDOVER
OV
'1 QR9TED PPPy,�j
9SSACHU`E�
TOWN OF NORTH ANDOVER
Any Appeal shall be filed MASSACHUSETTS
within (20) days after the
date of filing this notice in
the office of the Town clerk BOARD OF APPEALS
Notice of Decision
Property: Map 65, Parcel 7 Appleton St
Estate of Margaret Simon Date: 11/26/96
Appleton Street Petition: 037-96`
North Andover MA 01845 Hearing: 11/12/96
The Board of Appeals held_-a regular meeting on Tuesday evening, ober
8, 1996, and a continued meeting on November 12, 1996 upon the
Variance application of the Estate of Margaret Simon % Blaine Gann,
Section 7, Paragraph 7. 1,_ relief on the lot dimension, Table 2 of the
Zoning By Law.
The following members were present and voting: William Sullivan,
Walter Soule, John Pallone, Joseph Faris, and Ellen McIntyre,
The hearing was advertised in the North Andover Citizen on 9/24/96 &
10/1/96, all abutter were notified by regular mail.
Upon a motion by Walter Soule and seconded by John Pallone to Grant
relief requested for lot size of 1912 on Lot A, and 5272 on lot B to
construct a roadway for the two lots, that appropriate information be
shown on the plans for the cul-de-sac, that conditions 1 through 37,
in accordance with the Coler & Colantonio be complied with. Voting in
favor were: Walter Soule, John Pallone and Ellen McIntyre. Voting in
opposition were: Willliam Sullivan and Joseph Faris. The petition was
denied.
Denial was based on the issue that no evidence was presented on the
shape, soil or topography of the lots required in Section 10,
Paragraph 10.4 of the North Andover Zoning By Law, Chapter 40A Section
10 of the Massachusetts Laws and the Engineering recommendations from
Coler and Colantonio. One descending member considered this a
Planning Board issue, as a subdivision.
Board of Appeals,
William Sullivan, Chairman
W,
9YC� K w
NOWT" CS
~2OSS I.ED . 611Q}I � �
SSAC HUSti�
TOWN OF NORTH ANDOVER
Any Appeal shalt be filed MASSACHUSETTS
within (20) days after the
date of filing this notice in
the Office of the Town clerk BOARD OF 'APPEALS
Notice of Decision
Property: Map 65, Parcel 7 AppletonSt
Estate of Margaret Simon Date: 11/26/96
Appleton Street Petition: 037-96
North Andover MA 01845 Hearings 11/12/96
The Board of Appeals held a regular meeting on Tuesday eveni.ng,october
8, 1996, and a continued meeting on November 12, 1996 upon the
Variance application of the Estate of Margaret Simon % Blaine Gann,
Section 7, Paragraph 7. 1, relief on the lot dimension, Table 2 of the
Zoning By Law.
The following members were present and voting: William Sullivan,
Walter Soule, John Pallone, Joseph Faris, and Ellen McIntyre,
The hearing was advertised in the North Andover Citizen on 9/24/96 &
10/1/96, all abutter were notified by regular mail.
Upon a motion by Walter Soule and seconded by John Pallone to Grant
relief requested for lot size of 1912 on Lot A, and 5272 on lot B to
construct a roadway for the two lots, that appropriate information be
shown on the plans for the cul-de-sacs that conditions 1 through 37,
in accordance with the Coler & Colantonio be complied with. Voting in
favor were: Walter Soule, John Pallone and Ellen McIntyre. Voting in
opposition were: Wi111iam, Sullivan and Joseph Faris, The petition was
denied.
Denial was based on the issue that no evidence was presented on the
shape, soil or topography of the lots required in Section 10,
Paragraph 10.4 of the North Andover Zoning By Law, Chapter 40A Section
10 of the Massachusetts Laws and the Engineering recommendations from
Coler and Colantonio. One descending member considered this a
Planning Board issue, as a subdivision.
Board of Appeals,
William Sullivan, Chairman
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=Poll
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PLANNING BOARD
JJa
Au
,40YCE BRA'DSHAW
YAWN CLERK
' RfiH ADOVER
Received by Town Clerk: r
SSP 17 11
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant G'�o <;A-"&J Address dmf
Tel. No.
1 . Application is hereby made:
a) For a variance from the requirements of Section _
Paragraph�• /_ and Table g,. of the Zoning Bylaws.
b) For a special Permit under Section Paragraph
of the Zoning Bylaws.
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land ✓ and building (s)
numbered 4Sse�Ssor s M.^,v &S A�� 4��Aj Street
b) Premises affected are property with frontage on the
North ( ) South ( ) East (vJ West ( ) side of
A;Ppc'-a,_ ) Street
Street, and known as No.
,4PPt,.ery,,) Street.
C) Premises affected are in Zoning' District vl-t_, and the
premises affected have an area of ,p square feet
and frontage of feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all
names) : l
'ev-
7 �✓
1.0
Date of Purchase Previous Owner
b) 1 . If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser Lessee Other
Rev. 10/95
r..
2 . Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed building: front; feet deep;
Height stories feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
5. Has there been a previous 'appeal,' under zoning, on these
premises? If so, when?
6. Description of relief sought on this- petition. _Please explain
in detail below. (If requesting a variance or special permit
please fill out the attatched table. )
7 . Deed recorded in the Registry of Deeds in Book /S94-Page 14-s'
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses*
INCOMPLETE AND ILLEGIBLE APPLICATIONS WILL NOT BE ACCEPTED OR HEARD
AT THE PUBLIC HEARING.
Name of Applicant (s) (Print) Signature na
ture o
f
ApP
licants
)
Rev. 10/95
r.
s `
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT:
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension
Area 8 711
5x7 2- ;-5.
Street Frontage
Front Setback
Side Setback(s)
Rear Setback
Special Permit Request:
LIST OF PARTIES OF INTEREST PAGE 1 OF 1
SUBJECT PROPERTY
MAP PARCEL TNAME 1ADDRESS
BLAINE GANN : EXECUTOR
ESTATE OF MARGARET R. SIMON
MAP PARCEL NAME ADDRESS
65 s&g ANNA TYN&VAKIEWIZ 464 APPI ETON ST-, NORTH ANDOVER MASS 01845
PLETON ST., NORTH ANDOVER, MASS. 01845
'
CHARLES F. DEEHAN 162 PINE Rt GE RD. NORTH ANDOVER, MASS-01845
134 i ARNYE
133JAMES A. PANGAKIS 138 PINE RIDGE D. NORTH ANDOVER, MA S. 01845
" 131 & 132 DALE STREET TR T 69 OLD VILLAGE LN., NORTH ANDOVER, MASS. 01845
FM C
Joyc6 JkDS14AW
To N CLERK
APPLICATION FOR APPROVAL PLA1�pitr}i AN0OR
34
To the Planning Board of the Town of North Andover:
The undersi ed
gn , being the meant as defined -ander Chaptear 41* Setctiohl`.
81-L, for approval of a proposed anbd vision.shown an a plan entitled
by '.. G t. .� ' s.5 dated
being land bounded as follows:o Dem liagM2, )5
P p
hereby submits said plan as a T acs co with.the; ems and
Regulations of the North Andover Piassning Board mid makes application ;to.tha
Board for approval of said plan.
Title Reference: North Essex !)sans, Book .E6 Page ; or
Certificate of Title No. ,, Registration.Book .-._, .pw .._; or
Others
Said plan has(v) has not( ) enrIved from a preliminary plan submitted to
the Board off,� lg and est, (with aodii'ications) {d}
disapproved (on .•"�•.."� 3.9 ark.
3 f 69 qro
The undersigned hereby applies for the approval of saidT .plan
by the Boards and in furtherance thereof hereby agrees to abide .by t :Boardts
Rules and Regulations. The'undersigned hereby., further covenants and agrees,
with the Town of North Andover* upon approval of said DZn_ ITTithe
Boards
1. To install utilities in accordance with the rules and regulative ...of ;the,
Planning Board: the Public Works Departnenta, the Highway Surveyor, the.
Board of Health, and all general as well as soning by-laws of said Town,,,_
as are applicable: to the installation of utilities within the limits of
ways and streetsf
2. To complete and construct the streets or Ways amd other lug r a veliertta shown
thereon in accordance with Sections Yv si& Vr of the Ru9.es ixW Regulat on$
of the Planning Board and the approved DWINITITS plan, profiles and cross'
sections of the same. Said plan, profiles, c:roae�:sectioi4 and coasti�ction
specifications are specifically# by refer of incorporated hero u and ®ad¢
a part of.this application. This appl f cati n and the covets%and agre�S='
menta herein shall be binding upon all heirs, executors! &did 14strat ' k
successors, grantees of the whole or part of said land, and asaigsaa of the
undersigned; and
3. To complete the aforesaid installations said construction within two (2)
years from the date: hereof.
Received by TorsClerk:
Date: Signature of Applicant
Time: . � .. ..._..�... r..,....
Signature:
Addressg 32- -¢
t
LIST S FPARTIESi
O
OFIN
INTEREST S7 P
AGE I OF 1_
SUBJECT PROPERTY
MAP IPARCEL NAME I ADDRESS
- 7 EST. OF MAkGMETE,
MAP PARCEL NAME ADDRESS
138 PINE RWE RD, NORTH ANDOVER.
135 CHARLES F
10 STEVEN W -PROCTOR EION St ER.:MAM
----
9 ANNA
I
p
r
r
RECEIVE
JOYCE BRADSHAW
TOWN ""'
FORM B NORTH ANDOVER
APPLICATION F4R APPROVAL t ' A PRIMINARY PfC 2 O
—.r..._..r_. .r_ ....._........�.._..
To the Planning Board of -the Town of North Andover:
The undersigned* being the applicant as defined under Chapter 419 Section 81-Lq
for approval of a proposed subdivision shown on a plan untitled
By S �--t- L, ` 'r:.{',,t, dated , & .1-2,3 , 19
being land bounded as follows=
ss
hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the
Rules and Regulations of -the North Andover Planning Board and makes application to
the Board for approval of said plan.
Title reference: North Essex Deeds* Book
.!gL-tt Page § or
Certificate of Title No. , Registration Book,, 'Page,,,;;,,_; or
Others
Applicant*a signature:
Received by Town Clerk:
Date: Applicant*a address
Time: 8 22
Signature: ,E,xc u�-oc. o, ' /�'I�r-�r . s.� 4F- "
Owner's signature and address if not the
applicant:
1i
Notice t-6 APPLIGA*/TOWN CLERK of Action of Planning Board on Preliminary
Subdivi-aon"Plan entitled:
By: dated
1. TheNorthAndover Plarni ng Board has tentatively approved said plans with-
out any modifications thereof.
26 The North Andover,Planning Board has disapproved said plans for the
following reasons:
3. The North Andover Planning Board has tentativelya said
proved P p
•
subject to the following modifications thereof:
Very truly yoursq
VMTH ANDOM PLANXIM BOARD
BY
Date:
JOYCE BRADc""
2 .
APPLICATION FOR APPROVAL OF A PRELIMINARY P
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41t Section-81-4
forapproval of a proposdd subdivision shown on a pian entitled
F L MIJ F` ' c.$= t.J
By .�s C.... ?. cS.-■n._ . ... dated _Z., 'z"r ._.._�....� 14 .(a■.
being land bounded as follows:
ss
�.. _. ww��ww.Iw. .Y..w w .. . I Iw.lw.■ w■�w.
hereby submits said plan as a PRELIMINART subdivision plan in accordance with the
Rules and Regulations of'the North Andover Planning Board and makes application to
the Board for approval of said plan.
Title reference: North Essex Deeds, Book g 4-= Page; or
Certificate of Title No.,,,, _q Registration Book.9--P*V.; or
Other:
Applicant's signatures
Received by Town Clerk:
Dater Applicant's address
Time:
Signatures Owner's signature and address if not the
applicants
Notice to APPLICANT/TOWN CLERK of Action of �Plarnning Board on Preliminary
Sutkivisfon Plan; entitled: Appleton Street xtensi
By: Scott Giles, R.P.L.S. dated February 29, 1996
The North erPlanning B has tentati a ved said pl th-
I
out any ations the f.
The N rth Andova Pl Board ha dis said ant the
fo g reasons:.
3•' The North Andover Planning Board has tentatively approved said plan,,
subject to the following modifications thereof:
See attached.
Mr
Very truly yoursi
- NORTH ANDOVER PLAMUN3 BOARD
BY Joseph V. Mahoney, Chairman
Date: March 18, 1996
Appleton Street Extension
Preliminary Plan Conditional Approval
The Planning Board herein conditionally approves a two lot Preliminary Plan extending
Appleton Street. The application was submitted by Blaine Gann, 41 Merrimack Street,
Methuen, MA 01844, dated February 29, 1996. The area affected contains approximately
four(4) acres in the R-1 Zoning District.
Findings of Fact
1. The Preliminary Plan includes all of the information indicated in Section 3 of the
Subdivision Rules and Regulations except as noted in Condition 1.
2. The Preliminary Plan adheres to all of the design standards indicated in Section 7
of the Subdivision Rules and Regulations except as noted in Condition 2.
3. The Preliminary Plan complies with all of the review comments submitted by
various town departments in order to comply with state law, town bylaws, and
protect the public health, safety, and welfare of the Town.
Conditions:
In order to comply with the Subdivision Rules and Regulations the following information
must be submitted:
1. The following information must be added to the plan:
a) Drainage improvements
b) Flood hazard areas as determined by the Federal Emergency Management
Administration, if any.
c) Key Map
2. A fifty foot right of way must be provided via roadway widening easements as
necessary.
3. A Request for Determination must be filed with the Conservation Commission to
determine the location of wetland resource areas on the site.
4. The Planning Board agrees to waive Section 7(D) Sidewalks of the Subdivision
Rules& Regulations. In lieu of constructing a sidewalk the applicant must make a
contribution equal to the cost of installing the sidewalk to the Sidewalk Fund.
The following plans are included as part of this decision:
Plan titled: Preliminary Subdivision Plan of Land
Located in North Andover, MA
Estate of Margaret Simon
Scale: 1" =40'
Date: 2/29/96
Prepared by: Scott L. Giles, R.P.L.S.
North Andover,MA
Drawn by: Frank S. Giles
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File