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HomeMy WebLinkAboutMiscellaneous - 11 EDMANDS ROAD Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS 7 "HTV E:D dbert P.Manzi TH,Esq. 0airman Ellen R McIntyre, Tire-Cbairman O go ti Richard j.Byers,Esq. Cltwk, 1, 61, EP 25 PN 3: 59 Joseph D.LaGrasse 0 2007SE J Da-vid R.Webstet 0.- AssociWeA,1embei-.f Thomas D.Ippolim Richard,Nl. Vaillancourt Argo MASS Daniel S,Braese,Fsq. A , 53, Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Pro pertyat: IlEdmands Road NAME: James&Priscilla Noble HEARING(S): September 11,2007 ADDRESS: 11 Edmands Road PETITION: 2007-017 North Andover,MA 01845 TYPING DATE: September 20,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday, September 11,2007 at 7:30 PM upon the application of James&Priscilla Noble,11 Edmands Road(Map 20,Parcel 51),North Andover,MA requesting a dimensional Variance from Section 7,Paragraph(s)7.1 (Lot Area),7.2(Street Frontage),7.3 (Yard Setback),and Table 2 of the Zoning Bylaw for relief of lot area,street frontage,front,left,and right side setbacks in order to construct a single-story rear addition,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure on a pre-existing,non-conforming lot. Said premise affected is property with frontage on the West side of Edmands Road within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on August 27&September 3,2007. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,111,David R. Webster,and Richard M.Vaillancourt. The following non-voting members were present: Thomas D.Ippolito and Daniel S.Braese. Upon a motion by Richard M.Vaillancourt and 2d by David R.Webster,the Board voted to GRANT dimensional Variance from Section 7, Paragraphs 7.1 (Lot Area),7.2(Street Frontage),73 (Yard Setback),&Table 2 for relief of 7,569 sq.ft. lot area, for relief of 42' street frontage,for relief of 10.6' front setback, for relief of 8.7' left side setback, and for relief of 10.2'right side setback from the requirements of the Zoning Bylaw in order to construct a proposed single story rear addition;and GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to allow a pre-existing,non-conforming building to be extended by a single story rear addition on a pre-existing,non-conforming lot per: Site: 11 Edmands Road(Map 20,Parcel 51),North Andover,MA 10845 Site Plan Title: Board of Appeals Plan, 11 Edmands Road,North Andover MA.,Assessors Map 20 Parcel 51,prepared for,James and Priscilla Noble, 11 Edmands Road, North Andover,MA. Date(&Revised Dates): July 10,2007,Revised July 17,2007 Registered Professional David Alves,P.L.S.#45454,Benjamin C. Osgood,Jr.R.P.Civil Engineer Land Surveyor: #45891,New England Engineering Services,Inc., 1600 Osgood Street, Building 20,Suite 2-64,North Andover,MA 01845 Sheet/Drawing: Sheet I of I Page I of 3 1,600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www,townofnorthandover.com Town of North Andover Town Clerk Time Stamp ,.-1-,7 ZONING BOARD OF APPEALS t ED Albert P.Manzi III,Esq. Chairman Ellen P.Mclntvre., Vire-Chairman f tkORT11 Richard J,Byers,Esq. Clerk 6, 0 2M SEP 25 0 __ 00 Joseph D.LaGrasse David R_Webster 'A Assodate Members `Thomas D,Ippolito xc — Richard M. Vaillancourt P Daniel S.Braese,Esq. C HU Building Plan Title: Proposed Addition Floor Plan, 11 Edmands Road,North Andover,MA, Assessors Map 20,Parcel 51,prepared for, 11 Edmands,Rd Realty Trust, 11 Edmands Road,North Andover,MA 01845 By: New England Engineering Services,Inc., 1600 Osgood Street, Building 20, Suite 2-64,North Andover,MA 01845 Date: July 18,2007 Sheet/Drawing: Sheet I of I Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,111,David R.Webster,and Richard M. Vaillancourt. The Board finds that owing to circumstances relating to the specific soil,topography,and shape of 11 Edmands Road(Map 20, Parcel 5 1)affect this land but does not affect the Residential 4 zoning district in which it is located,a literal enforcement of the provisions of Paragraphs 7.1,7.2,7.3,&Table 2 would involve substantial hardship, financial or otherwise,to the petitioner. The Board finds that the first North Andover Zoning Bylaw is dated 1943 and that Map 20,Parcel 51 was created as part of a 1923 subdivision,registered as North Registry District of Essex County plan#8813B on January 21, 1925 and the Assessor's Property Card lists 1940 as the year 11 Edmands Road was built. The Board finds that 19 abutters on 11 parcels signed the petition in favor of the plans for the proposed addition. and finds that there was no written or spoken opposition. The Board fmds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the zoning bylaw and that the granting of this Special Permit for a single story addition shall not be substantially more detrimental than the existing structure to the neighborhood. The Board finds that 11 Edmands Road(Map 20,Parcel 5 1)is an appropriate location for a single story addition to an existing single-family dwelling in order to provide ground floor accommodation for a family member and that the single story addition as developed will not adversely affect the neighborhood,as stated by the abutters. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians;off-street parking for 2 vehicles is provided and adequate and appropriate facilities will be provided for the proper operation of the proposed use since the existing single family dwelling is connected to water,sewer, and utilities. The Board finds that the single story addition to 11 Edmands Road is in harmony with the general purpose and intent of this Bylaw. Page 2 of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com 6 Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS r-,7 ' ; l' Albert P.-ulama 1I1. Esq. Uairman � 1 Um P.McIntyre I`i -C bairman f t'►ORTN q Richard J.Byers,1st Clembit� •�•~�O Joseph D.LaGrasse ,� - 2007 SCEP 25 N 1 it 00 David R.Webster 7° .Issouiate Members Thomas D.Ippolito Richard M.Vaillancourt '1i 40 ^Too��y .4 w " Daniel S.I3raese,Issq. �SSACHU`��K a € S a i Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore, if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse, and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. NoA Andover oning and of Appeals /Albert P.Manzi,III,Esq.,Chairman Ellen P.McIntyre, Vice Chairman Joseph D.LaGrasse David R.Webster Associate Member Richard M.Vaillancourt Decision 2007-017. M20P51. Page 3 of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS ,_F ��IVED Albert P.Manzi M,Esq.Chairman Ellen P.McIntyre I rce-Chairman NpRtN 2007 i g Of *,ao A~ Richard J.Evers Esq.Clerk 0 t `< _ '6' o JUL "�i Joseph D.LaGrasse o 4.. a �, LIS PH 30 David R.Webster � Associate,11embers 4 i ry * tet, {` Li Thomas D.IppolitoX44 HORT s Richard M.Vaillancourt 'ls �R,T.o��°,�g MA%SAS ' Daniel S.Braese,Esq. �SS^CHUS�� J' } Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 1 lth of September, 2007 at 7:30 PM to all parties interested in the application of James& Priscilla Noble, 11 Edmands Road(Map 20,Parcel 51),North Andover,MA requesting a dimensional Variance from Section 7, Paragraph(s) 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), and Table 2 of the Zoning Bylaw for relief of lot area, street frontage, front,left, and right side setbacks in order to construct a single-story rear addition, and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non-conforming structure on a pre-existing, nonconforming lot. Said premise affected is property with frontage on the West side of Edmands Road within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle-Tribune on August 27& September 3, 2007. Legalnotice 2007-017. M20P51. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com TOWN OF NORTH ANDOVER SPECIAL PEjRMIT ZONING BOARD OF APPEALS NAME Q-A AA ES c LL c t ^R ADDRESS OF APPEAL J/ EiY1 v.v.Ds 12D. Noo� own Clerk Time Stamp Procedure & Requirements for M A z34,C an Application fora Special Permit Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and noted that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and receivers The petitioner picks up the legal notice from the Office of a Zoning Bylaw Denial form completed by the the Zoning Board of Appeals and delivers the legal notice Building Commissioner. to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information as The petitioner should appear in his/her behalf, or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be r STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision maybe made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10 RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification of Zoning Board of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department.. IMPORTANT PHONE NUMBERS: 978-688-9533 .Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for all Community Development offices (n 978-688-9545 Building Department 978-688-9501 Town Clerk's Office a 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office JUL 12 ajo i PAGE 1 of 4 BOARD OF � , w t PAGE 2 OF 4 Date&Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please com tear vA iterraR t*16 babw�: 1. Petitioner:: *Name, *Address and telephone number: JAMES P PR l S c t LLr4 ns o ieL.t it jrDAA u/yi> S S> k3G0--W oo&a 4 dlsc� - *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: �t �`DMynf Ds ,2 D 2014 L?y _r12 0 .s TAAeCF.$ i>fLIS[ c Ltt4 AVoaLE T72u���-S Years Owned Land: 3. Location of Property: a. Street: )/ E'Dtit v w P.% Ab Zoning District: le-q b. Assessors: Map Number ;2 o Lot Number: S/ c. Registry of Deeds: Book Number Page.Number: j,4A1 D co*jcr 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. S c c-11 oiy 4. 2 `Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. { 5. Describe the Special Permit request: �� AC.t,ow T�t� �Xt�ig^1St o ,•• o� A- P2� �N/STin!G- ti1yN GVNi�����4 _ I [.✓KI GH 15 W coo oN tf Pa& 4FXIS 7'1.y tr- N a N O y itAt N A t RX P4 .0 10 N � Dw 'C-i N SO �.3 LF L&-:S R4.V 22, ala CP r C X/J- rt— 0w C L L t A! �r- �1.0 O g. 141e11. 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. Page 3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear �fg31•S NIA- _"AA _ % 19R.0- z tg.N c.�f 3• ..a 9 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback ` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side�B Rear g F 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear j oo v.+ =AJ.14 % 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** 16 0 2 18 *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** 1225- 2 Z 10 0 (Ze.s,c�e, aL---- *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled 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 shall 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 b e Zoning Board this pp icati n as incomplete. Si nature Type above narne(s) here Ta.mcs 0 $cE F PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10.B.*Plan Specifications: Application for a Special Permit must be supported by a 1) Size of plan: Ten(10•) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special In One(1) Mylar not to exceed 24"x36". Permit from the requirements of MGLA ch. 40A, and the Ilq All Site plans shall be the result of an instrument North Andover Zoning By-laws, all dimensional survey certified by a Registered Professional Land requirements shall be clearly identified and factually Surveyor with a block for five(5)ZBA signatures supported. All points, 1-6,are required to be and date indicated on the Mylar.. Other registered addressed with this application. professionals, such as Registered Architects, Registered Professional Landscape Architects, 1.The particular use proposed for the land or structure. Registered Professional Civil or Geotechnical 2.The specific site is an appropriate location for such Engineers, etc., may collaborate on the Site Plan. use, structure or condition. *10 C. *Features To Be Included On Plan: j 3.There will be no nuisance or serious hazard to 1) Site Orientation shall include: vehicles or pedestrians. 1. north point 4.Adequate and appropriate facilities will be provided 2. zoning district(s) for the proper operation of the proposed use. 3. names of streets applicable) if a 5.The use is in harmony with the purpose and intent oft 4. wetlands( pp ) Zoning Bylaw. 5. abutters of property,within 300' radius 6.Specific reference and response to the criteria 6. locations of buildings on adjacent properties required by the particular Special Permit for which within 50'from applicants proposed structure this application is made(i.e.the Earth Removal 7. deed restrictions, easements. Special Permit has unique criteria and submittal In Legend&Graphic Aids: requirements.). 1. Proposed features in solid lines&outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 10. PLAN OF LAND 4. Date of Plan Each application to the Zoning Board of Appeals shall be 5. Title of Plan accompanied by the following described plan. Plans 6. Names addresses and phone numbers of the must be submitted with this application to the Town applicant,owner or record, and designer or Clerk's Office and ZBA secretary at least thirty(30)days surveyor. prior to the public hearing before the Zoning Board of appeals. 100. Minor Projects Minor projects,such as decks,sheds,and garages, A set of building elevation plans by a Registered shall require only the plan information as indicated with Architect may be required when the application an.asterisks In some cases further information may involves new construction/a conversion/and/or a be required proposed change in use. 11. APPLICATION FILING FEES 10 A. Major Projects A. Notification fees: Applicant shall provide a check Major projects are those which involve one of the or money order to:"Town of North Andover-#022-1760- following whether existing or proposed: 4841"for the cost of first class, certified, return receipt x I)five or more parking spaces, #of all parties in interest identified in MGLA ch. 40A§11 II)three(3)or more dwelling units, on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the# III)2000 square feet of building area. of parties of interest on the abutter's list for the decision Major Projects shall require that in addition to the above mailing. features, plans must show detailed utilities, soils, and B. Mailing labels:Applicant shall provide four(4) topographic information. sets of mailing labels no larger than 1"x2-5/8"(3 copies for the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. 4444 A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and a new petition must be submitted. E-FFF NEw ENGLANDENGINEEFING SERVICES, INC. 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01843 Tel: (978) 686-1768 • Fax: (978) 327-6138 Benjamin C. Osgood, Jr., P.E. July 12,2007 President North Andover Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: 11 Edmunds Road,North Andover Special permit application Dear Mr. Chairman: Please accept this letter as a memorandum in support of the request for a special permit for the above referenced property. The particular supporting information as required by the application is outlined below. 1. The particular use proposed for the land or structure. The proposed use for the existing structure and the proposed addition is as a residential dwelling. The property is currently used as a residence and has been since it was constructed in 1940. 2. The specific site is an appropriate location for such use,structure or condition. The property is located in a residentially zoned district.The surrounding properties are all used as residential properties. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The property is currently used as a residential property. There would be no increase in vehicle activity in association with the expanded residential use. 4.Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The existing property has existed as a residential property in a residential neighborhood since its construction. The proposed use of the property is no different than the use in existence since it was constructed. The facilities in existence at this time will remain and are adequate to service the proposed use. 5. The use is in harmony with the proposed intent of the zoning bylaw. The zoning bylaw states 11 specific purposes. Granting)of the requested special permit does not violate any of the stated purposes because the roperty is a residential property surrounded by residential properties. 6.Not Applicable. I will be at your next meeting to mare a presentation to the board and to discuss this matter. Sincerely, g G Benjamin C. Osgood,Jr.,P.E. President f QUITCLAIM DEEM We, James D. Noble, Jr., and Priscilla B. Noble, of 11 Edmands Road,North Andover, Massachusetts 01845 co for consideration paid of less than One Hundred and no/100 ($100.00) Dollars 0 GRANT TO: James D. Noble,Jr. and Priscilla B.Noble as Trustees of the I 1 Edmands Road Realty Trust u/d/t dated June 15, 2005 v with Quitclaim Covenants 4J a certain parcel of land, with the buildings thereon, situated in said North Andover,bounded and W z described as follows: o NORTHEASTERLY by Edmands Road, fifty el-lit (5 ) feet; rx SOUTHEASTERLY by lot numbered three(3) on plan hereinafter mentioned one r. G hundred (100)feet; b w .� SOUTHWESTERLY by part of lot numbered fi fteen (15)on said plan thirty two and 15/100(32.15) feet; and a NORTHWESTERLY by lot numbered one(1) and part of lot numbered seventeen (17) on said plan one hundred thirteen (113) feet. 4 All of said boundaries are determined by the Court to be located upon Subdivision Plan No. W IV 8813B, Sheet two(2) filed with Transfer Certificate of Title No. 1406,Book 10, Page 21,the asame being a copy of a portion of a plan drawn by Geo. H. Wetherbee,Jr., C.E., dated Jan. 1923, all as modified and approved by the Court, and being designated as lot numbered two (2), Block eight(8) thereon, together with the fee in the street or wav upon which said lot abuts to the middle line thereof. So much of the land as is included within the street or wa% is subject to its use by all parties entitled, and to any rights and easements, so far as applicable, ;s set forth in original Certificate of Title No. 1251,Book 9, Page 1. The above described land is subject to and has the benefits of the rights, easements and restrictions referred to or implied in a Deed from Pacific Mills. dated December 17, 1928, filed and registered as Document No. 4562. Being the same premises title to which is registered in our names under Certificate of Title No. 5432, recorded with Essex North Registry of Deeds with the records of registered land, in Re,istration Book 36,Page 529. 1 �%3 Grantor hereby reserves all rights of Homestead pursuant to Declaration of Homestead recorded July t, 2004, Document No. 87058. Said Premises are conveyed subject to the taxes for the current municipal year which the grantees herein assume and agree to pay. Witness our hands and seals thisf day of June, 2005. J mes D. Noble, Jr. Priscilla B. Noble r COMMONWEALTH OF MASSACHUSETTS Essex, ss. June 15, 2005 day of June, 2005, before me, the undersigned Notary Public, personally On this t� appeared James D. Noble,Jr. and Priscilla B. Noble, proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. C. Thomas C. LaPorte Notary Public My Commission Expires: 6/15/05 sub divrsi017 of l and '.shown on,PAW.f/ed with Cert.of rt/e Igo. /2�I Aor4h Re str District of Essex County. _ �' Y �' _ Sr�EEr .a LAND IN:NPRTH ANDV,rER scale 0_ feet to an inch g9aJA.N. 1923` . "�ssz s �$°'no�� .&earge?� yYetherbee.Jr•, Ciwl F_tiginee�; ,� z F ; RR 93 . ab K' •� 3b E•. C 4 Its b T - a qfj r ..,:�•. ."^r /t ..- - �a - ~O ''• > F ' tJ: ..,;K ' ?A b43.5452. .58 a or .-5580 5 ' 4 a`65gjU0_ 5'S 54 ` � dna � - - •� � ' �. �� -� �°-° art _ �e �=.�J.: �� •.' � ��i1 s�..f J t j-''.. 56. -''o *+•. e�3 r pip �•`� �} i7 y 5 1 z 13 45,0 ��qq 49.Q0 00 ��'�, �� `Aad=.t 300:00'SQ•5 :6A:50" 53.U0 �'sc�aQ a� •6 p. 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( ) 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." Subject Property: MAP PARCEL Name Address 20 51 11 EDMANDS ROAD REALTY TRUST 11 Edmands Road,North Andover,MA 01845 Abutters Properties Map Parce! Name Address 20 50 Thomas Cashman 17 Edmands Road,North Andover,MA 01845 20 49 Clevland Bradley 21 Edmands Road,North Andover,MA 01845 20 48 James Crane 25 Edmands Road,North Andover,MA 01845 20 47 James Brown 29 Edmands Road,North Andover,MA 01845 20 46 Richard Fowler 33 Edmands Road,North Andover,MA 01845 20 52 John Garvin 89 Herrick Road,North Andover,MA 01845 20 53 John Howlett 83 Herrick Road,North Andover,MA 01845 20 54 Iacono Realty Trust-Two 64 Buckingham Road,North Andover,MA 01845 20 55 Eric Boyajian 70 Buckingham Road,North Andover,MA 01845 20 56 Peter Rossiter 74 Buckingham Road,North Andover,MA 01845 20 57 Daniel Garis 76 Buckingham Road,North Andover,MA 01845 20 58 Faye Trust 92 Buckingham Road,North Andover,MA 01845 20 67 Philip Gray 18 Chapin Road,North Andover,MA 01845 20 16 Anthony DeCollgero 26 Chapin Road,North Andover,MA 01845 20 66 Susan Todd 90 Herrick Road,North Andover,MA 01845 20 19 James Fraser 88 Herrick Road,North Andover,MA 01845 20 17 Tino Ardagna 36 Chapin Road,North Andover,MA 01845 20 30 Gary Huberdeau 16 Silsbee Road,North Andover,MA 01845 20 31 William Boutilier 22 Silsbee Road,North Andover,MA 01845 20 32 Steven Arnold 26 Silsbee Road,North Andover,MA 01845 20 37&37.A Von Hoehn 8 Edmands Road,North Andover,MA 01845 20 38 John Gurka 11 Silsbee Road,North Andover,MA 01845 20 39 Robert Cooley 109 Herrick Road,North Andover,MA 01845 20 40 Steven Tierney 101 Herrick Road,North Andover,MAO 1845 20 41 Wyatt Simons 14 Edmands Road,North Andover,MA 01845 20 42 William Wilkinson 18 Edmands Road,North Andover,MA 01845 20 43 Margaret Caffrey 24 Edmands Road,North Andover,MA 01845 20 44 Jeffrey Donahue 28 Edmands Road,North Andover,MA 01845 20 45 Donna Zimbaldi 34 Edmands Road,North Andover,MA 01845 20 61 Colleene Kiley 94 Lyman Road,North Andover,MA 01845 20 35 Mariona Mallory 98 Lyman Road,North Andover,MA 01845 20 63 Kevin O'Niel 31 Silsbee Road,North Andover,MA 01845 20 36 Silsbee Realty Trust 27 Silsbee Road,North Andover,MA 01845 20 64 Anthony Ferrarelli 21 Silsbee Road,North Andover,MA 01845 15 29 Mark Ress 76 Buckingham Road,North Andover,MA 01845 15 30 Anne Morrissey 52 Buckingham Road,North Andover,MA 01845 15 60 James Robertson 69 Herrick Road,North Andover,MA 01845 15 61 Lora McSherry 73Buckingham Road,North Andover,MA 01845 PAGE:1 of 2 This certifies that the names appearing On the records of the Assess Office as Of +' s Certified b Date // 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." Subject Property: MAP PARCEL Name Address 20 51 11 EDMANDS ROAD REALTY TRUST 11 Edmands Road,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 15 62 Joseph Hermann 83 Buckingham Road,North Andover,MA 01845 15 63 George Houghton 87 Buckingham Road,North Andover,MA 01845 15 59 Kevin Orkney 63 Herrick Road,North Andover,MA 01845 15 64 Roland Bernier 12 Young Road,North Andover,MA 01845 15 58 Paul Morney 59 Herrick Road,North Andover,MA 01845 15 16 Diane Dekow 45 Buckingham Road,North Andover,MA 01845 15 17 Margaret Anderson 51 Buckingham Road,North Andover,MA 01845 15 18 Ernest Callard 74 Herrick Road,North Andover,MA 01845 15 19 Darryl Mac Nair 66 Herrick Road,North Andover,MA 01845 15 20 Richard Cain.Jr 60 Herrick Road,North Andover,MA 01845 15 21 Kristin Morris 26 Saltonstall Road,North Andover,MA 01845 PAGE:2 of 2 This certifies that the names appearing on the records of the Asses s Office as of Certified by: Date 7/i CO �o i \ JJ o z CL X30 i '\ o 1 w 60' 6 U96 r j 49 ITE- Q Tq �0 G � a0 6,366 09: �\ ��\�r-�A� , . Residential Property Record Card PARCEL ID:210/020.0-0051-0000.0 MAP:020.0 BLOCK:0051 LOT:0000.0 PARCEL ADDRESSAII EDMANDS ROAD PARCEL INFORMATION Use Code: 1 101 Sale Price: 100 Book: 118 Road Type: T Inspect Date: 07/06/20U,, Tax Class: T Sale Date: 06/27/2.005 Page. 181 Rd Condition: P Meas Date: 07/06/2003 t Owner: �Tot; July 12, 2007 North Andover Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: 11 Edmands Road,North Andover,MA Assessor's Map 20 Parcel 51 Dear Members: Please accept this letter as notification that Benjamin C. Osgood,Jr. is authorized to act on our behalf in regards to the zoning board application presently being considered by the board for the above referenced property. Sincerely, A-0-0— James Noble 11 Edmands Road North Andover,MA 01845 'j TOWN OF NORTH ANDOVER VARiA►N '�'�:�' E �,- ZONING BOARD OF APPEALS 2C-61 JUL 13 N ; 21 NAME: f�1Y1QS r ADDRESS OF APPEAL: S ,t qwn clerk Time Stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty U days prior to the first public-hearing. PREPARATION=OF LEGALNOTICEr. Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in'a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. , notice for mailingito the.parties in interest(abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to I cost of the Party in Interest fee. supersede them. The petitioner will complete items I STEP 7• DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER 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 notice to the local newspaper for publication. receivers a Zoning Bylaw 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 petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After,the hearing, a copy of the a Boatel's decision will be .cited in page 4, section %of this form. sent to all Parties in interest. Any appeal-of the Board's ztecision may made pursuant to Massachr.rssetts STEP 4• OBTAIN LiST OF PARTIES IN INTEREST: General taw ch. 40A§ 17,within twenty(20),days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10)Xerox the decision, the Myfar, and any accompanying plans at opies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, ;;81 £3ffice to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the ,*id date of filing. The original will be left at the Town Certification of Recording form and forward it to the .Rerk's Office, .and the 10 Xerox copies will Fe left with Zoning Board of Appeals and to the Building e.,ion r•q ?oard of Appeals.secretary. Cepartment. lP+ TNT ?HONE fVlJO<ABERS: -,f8--),533? office f Community��pv. : v-airifceS tilotth Ar do4aer Town Nall 4 c= Osgood Street, I'�0 ""Sin ~treat Wirth ,^,r?lover, 'SIA all 5 )78 689 9x01 �-.,=ten 3-u ?F C "=kx far r mmunity Cev�soopr^3r t s 9784388-1; 666 �:,ses sor's Offrre C'spartment g 3��ar-1 4,1p pr:; is,;Mt, IIAGE .:, ,-,f j JUL 71 tubi RnaRn rip Apppaa c PAGE 2OF4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all items 1 -10 below: 1. Petitioner:,*N e, *Address and telephone number: jrJob1c, m Dim S *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: /I EDMUNDS izoiflD ZEAL T11 7-12vs 1 .7iAlmr> 14Aj D PR If.CIL'c.r4 AIC) af'c- I/ 20R1> �tlosZTX A�AOJE/L iva�! Years Owned Land: yy 3. Location of Property: a. Street: 11 9MUnC S rTDI-oj - NJ& t OVV Zoning District: b. Assessors: Map number: ,.2D Lot Number: 1 c. Registry of Deeds: Book Number: I) $ Page Number: I-A"Jo CojaT 4. Zoning Bylaw Sectlon(s)* under which the petition for the Variance is made. sec.fiz- *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: A"O w- T146' CoAXsTWC--nnAA c5 r-- A&j A---9%PeMw df-S ae.T FL'- TUG, S 104V 1PAO PEATy &,Iev ' AJ t.)Fc F —JR 9 1S Fac The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to tl Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clear may result in a decision that does not address the Intent of the applicant. The decision will be limbed 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) I...ot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rea A. tj I A _ N JA Bio H 2 ?3- % NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear y93�.r' w1A alA 68.02 l�.� _ 6•1 3•S 3�►9 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear y-15 is — A11A -N 16 8�0 2 1.9'.4 S.L_ 4- 6 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq, feet Building" of Units"* qi'.0 z 25 le3o Res4DC^i11C.J *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 Use of Number Square feet Floors Sq. feet Building" "" l` of Units Iaa.s Z U 2100 Rts'oe.w4A&a D...C�l... ;Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s)- 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 shall 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. Signature: Type above name(s) hers: /V-t-acL= — PIAGE4 0F4 VARIANCE 3. WRITTEN DOCUMENTATION "10. 8. "Phn pec.fecations: Application for a Variance must be supported by a n Size of plan: Ten (10 ) paper copies cf a plan riot legibly written or typed memorandum setting forth in to exceed 11'x17', preferred scale of 1"=40' detail all facts relied upon. 'When requesting a Variance II)One(1) Mylar, with one (clock for Registry Use from the requirements of MGLA ch. 40A,' 0A, Sec. 10.4 and Only, and one block for five (5)ZBA signatures&date. the North Andover Zoning By-laws, all dimensional III) Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually aRegistered Professional Land Surveyor:�Please :3upported. All points,A-F, are required to be mote that plans bya Registered Professional Engineer, :addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. *Required Features On Plan: structure. 0 Site Orientation shall include: B. The circumstances relating to soil-conditions, shape 1. -north point> or topography of such land or structures especially 2. zoning district (s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4, wetlands(if applicable) district in which the property is located. 5. abutters of property, within 300' radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properVes financial or otherwise,which results from literal within 50' from applicants proposed structure enforcement of the applicable.zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the ff) Legend&Graphic Aids shall include: . variance is sought. 1. Proposed features in solid lines&outlined in rad 0. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. flames addresses 3rd phone numbers of the substantially derogating from the intent or purpose applicant, owner or record, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects, such as decks, sheds,and garages, ,application. shall require only:he plan information as indicated :with an. asterisk('). in some cases further information may '10. PLAN OF LAND Ice required. Each application to the Zoning board of Appealsshall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Cleric's Office and ZBA secretary at least thirty(30)days check or money order to: `Town of North Andover- prior to the public hearing before the Zoning Board of 4022-1760-4841"for the cost of first class, certified, �ippeals. return receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a (Registered abutter's list for the legal notice check. also, the Architect may be required',hen the application applicant shall supply first class postage.-tamps hivolves new construction/conversion/and/or a ;currently 390)x the#of parties of interest :3n the ^ropo§ed change in use. abutter's list for.he decision trailing. 1 Q. A. Major Projects 11. 13. rllail►ny (cibels:Ppplic:�nt Thal! pro�lide`�►ur } pr jects -3re,hos-e. t which involve cite cf the Nets of than 1%(2-5518"113 copes 'he L?gal, -rd Ine cc y for`i'e Cecis'Cn ) five (5) Or MOr-3 p ark.lq'3paCes, i) Iti':e ;3) ,r nc;'e �re'Irrg ;.!nits, a1. oeOr 1 ?r`rr.�t:d = e crer'isie. � . > c .'.a"? rt&oe�r'^`ea:*n irk sy .hA;p3A Ba -pre in j iar if rot ...w,"h-:cd :tr,d •i ;l,aw .owl ic;n .i �: tlR{_ ,,5'.i��t ?AJc.f.tet s�:�I�., ;,°•_c'PL.I'f� �;(42t tis .�.�5, za :�fsk4t��.''� 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." Subject Property: MAP PARCEL Name Address 20 51 11 EDMANDS ROAD REALTY TRUST 11 Edmands Road,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 20 50 Thomas Cashman 17 Edmands Road,North Andover,MA 01845 20 49 Clevland Bradley 21 Edmands Road,North Andover,MA 01845 20 48 James Crane 25 Edmands Road,North Andover,MA 01845 20 47 James Brown 29 Edmands Road,North Andover,MA 01845 20 46 Richard Fowler 33 Edmands Road,North Andover,MA 01845 20 52 John Garvin 89 Herrick Road,North Andover,MA 01845 20 53 John Howlett 83 Herrick Road,North Andover,MA 01845 20 54 Iacono Realty Trust-Two 64 Buckingham Road,North Andover,MA 01845 20 55 Eric Boyajian 70 Buckingham Road,North Andover,MA 01845 20 56 Peter Rossiter 74 Buckingham Road,North Andover,MA 01845 20 57 Daniel Garis 76 Buckingham Road,North Andover,MA 01845 20 58 Faye Trust 92 Buckingham Road,North Andover,MA 01845 20 67 Philip Gray 18 Chapin Road,North Andover,MA 01845 20 16 Anthony DeCollgero 26 Chapin Road,North Andover,MA 01845 20 66 Susan Todd 90 Herrick Road,North Andover,MA 01845 20 19 James Fraser 88 Herrick Road,North Andover,MA 01845 20 17 Tino Ardagna 36 Chapin Road,North Andover,MA 01845 20 30 Gary Huberdeau 16 Silsbee Road,North Andover,MA 01845 20 31 William Boutilier 22 Silsbee Road,North Andover,MA 01845 20 32 Steven Arnold 26 Silsbee Road,North Andover,MA 01845 20 37&37.A Von Hoehn 8 Edmands Road,North Andover,MA 01845 20 38 John Gurka 11 Silsbee Road,North Andover,MA 01845 20 39 Robert Cooley 109 Herrick Road,North Andover,MA 01845 20 40 Steven Tierney 101 Herrick Road,North Andover,MA 01845 20 41 Wyatt Simons 14 Edmands Road,North Andover,MA 01845 20 42 William Wilkinson 18 Edmands Road,North Andover,MA 01845 20 43 Margaret Caffrey 24 Edmands Road,North Andover,MA 01845 20 44 Jeffrey Donahue 28 Edmands Road,North Andover,MA 01845 20 45 Donna Zimbaldi 34 Edmands Road,North Andover,MA 01845 20 61 Colleene Kiley 94 Lyman Road,North Andover,MA 01845 20 35 Mariona Mallory 98 Lyman Road,North Andover,MA 01845 20 63 Kevin O'Niel 31 Silsbee Road,North Andover,MA 01845 20 36 Silsbee Realty Trust 27 Silsbee Road,North Andover,MA 01845 20 64 Anthony Ferrarelli 21 Silsbee Road,North Andover,MA 01845 15 29 Mark Ress 76 Buckingham Road,North Andover,MA 01845 15 30 Anne Morrissey 52 Buckingham Road,North Andover,MA 01845 15 60 James Robertson 69 Herrick Road,North Andover,MA 01845 15 61 Lora McSherry 73Buckingham Road,North Andover,MA 01845 PAGE:1 of 2 This certifies that the names appearing on the records of�the Assess Office as Of Certified b Date // ♦ 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 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 20 51 11 EDMANDS ROAD REALTY TRUST 11 Edmands Road,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 15 62 Joseph Hermann 83 Buckingham Road,North Andover,MA 01845 15 63 George Houghton 87 Buckingham Road,North Andover,MA 01845 15 59 Kevin Orkney 63 Herrick Road,North Andover,MA 01845 15 64 Roland Bernier 12 Young Road,North Andover,MA 01845 15 58 Paul Morney 59 Herrick Road,North Andover,MA 01845 15 16 Diane Dekow 45 Buckingham Road,North Andover,MA 01845 15 17 Margaret Anderson 51 Buckingham Road,North Andover,MAO 1845 15 18 Ernest Callard 74 Herrick Road,North Andover,MA 01845 15 19 Daryl Mac Nair 66 Herrick Road,North Andover,MA 01845 15 20 Richard Cain.Jr 60 Herrick Road,North Andover,MA 01845 15 21 Kristin Morris 26 Saltonstall Road,North Andover,MA 01845 PAGE:2 of 2 This certifies that the names appearing on the records of the Asses s Office as of Certified by: Date ?/s QUITCLAIM DEED We,James D. Noble, Jr., and Priscilla B. Noble,of 11 Edmands Road,North Andover, Massachusetts 01845 co for consideration paid of less than One Hundred and no/100 ($100.00) Dollars 0 GRANT TO: James D.Noble,Jr. and Priscilla B.Noble as Trustees of the 11 Edmands Road Realty Trust u/dlt dated June 15, 2005 with Quitclaim Covenants 4J a certain parcel of land, with the buildings thereon, situated in said North Andover,bounded and z described as follows: o NORTHEASTERLY by Edmands Road, fifty eight (58) feet; a SOUTHEASTERLY by lot numbered three(3) on plan hereinafter mentioned one C hundred(100) feet; b w .� SOUTHWESTERLY by part of lot numbered fifteen (15)on said plan thirty two and 151100(32.15) feet; and NORTHWESTERLY by lot numbered one(1) and part of lot numbered seventeen(17) on said plan one hundred thirteen (113) feet. All of said boundaries are determined by the Court to be located upon Subdivision Plan No. a 881313, Sheet two(2) filed with Transfer Certificate of Title No. 1406,Book 10,Page 21,the wsame being a copy of a portion of a plan drawn by Geo. H. Wetherbee,Jr., C.E., dated Jan. 1923, all as modified and approved by the Court, and being designated as lot numbered two(2),Block eight(8) thereon,together with the fee in the street or way upon which said lot abuts to the middle line thereof. So much of the land as is included within the street or wa% is subject to its use by all parties entitled, and to any rights and easements, so far as applicable, „s set forth in original Certificate of Title No. 1251,Book 9,Page 1. The above described land is subject to and has the benefits of the rights, easements and restrictions referred to or implied in a Deed from Pacific Mills. dated December 17, 1928, filed and registered as Document No. 4562. Being the same premises title to which is registered in our names under Certificate of Title No. 5432, recorded with Essex North Registry of Deeds with the records of registered land, in Registration Book 36,Page 529. y Grantor hereby reserves all rights of Homestead pursuant to Declaration of Homestead recorded July 1, 2004, Document No. 87058. Said Premises are conveyed subject to the taxes for the current municipal year which the grantees herein assume and agree to pay. Witness our hands and seals thisLy day of June,2005. J mes D. Noble, Jr. Priscilla B. Noble r COMMONWEALTH OF MASSACHUSETTS Essex, ss. June 15, 2005 On this t day of June,2005,before me,the undersigned Notary Public, personally appeared James D. Noble,Jr. and Priscilla B.Noble,proved to me through satisfactory evidence of identification which was 0.th-��r S l•ttr•St to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Thomas C. LaPorte Notary Public My Commission Expires: 6/15/05 a;. Suba'i�sio of �anc� shown a#, /an fi/ed witfi Cert:of title Nb. 1251 Nv& Rll6!O; r:Dtstr�ct of ssex Cour y. LANP-1N.NQR;TH ,ENDOME, an fincch i. AA JAIL'..l93 NE`06g9 z8 s: s yg'on F + :fYefhecbee Jr,. amly Fl#h7eer 1 X60 PIM evV_G p� H11M. R1?. N S �-t�g��'137 � �r� . � f7 •�o � ABd.>:N2600 . . 61�b�yA' •"� '� I� �� UP 601, ' 51 Sule Z . X364 Rad � ._' + � W .. w. r s... > t� � �'a 46 a • e o J 12 :: VA iM `` �' R zQ,QO ( 13AB:ae R1. YNS 07'rJO XPO 4666 5233 x. N. Z �!° ti• � c .per. -93;� �..:.� �4� ,636114 ; j��Y�RBdz 6sa .50. 0 E ON r4 t �a O 1• 9 A t t� © iv 5r.ao 5`7 194,00 1084 17 w f8w$ S EE-T 2 a p a1Si°`'rt Oka f i'Ali F, 'ij.►-'ft"•ryN,ey _ IRT ZW GD.04 r R�`3x2.rr• �' Z/ err Y X 5p8 r < 60.01 .64 6x+�05 r ' n 81.50 - 74,.7=6' SO4 ' ° 90.07 l.c Q. AN . e b . b� 6at00. 18 s b ti F rQ 10629. : 66 IZ . Im 91�f� o Sd�1j 98 Baa J.75w 14- at — V > !! f' v 1� eF n x.900�3 Nil &. I at I 544f R — -� �V f/Y `•i rr� t-. TL#L �*' �:�- _ '.. � �V / -:' � �'�N� � 1 Yt '�t hA . fi. eJCyVS` 1 yY�� R R NEwENGLANDENGnEmNG SERnas, INco 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01843 Tel: (978) 686-1768 • Fax: (978) 327-6138 Benjamin C. Osgood, Jr., P.E. July 12,2007 President North Andover Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: 11 Edmunds Road,North Andover Variance application Dear Madam Chairman: Please accept this letter as a memorandum in support of the request for a variance for the above referenced property. The particular supporting information as required by the application is outlined below. A. The particular use proposed for the land or structure. The proposed use for the proposed structure is as a residential dwelling. B.The circumstances relating to soil....which do not affect generally the zoning district in which the property is located. The dwelling which exists on the property and was constructed in 1940 is already only 8 feet from the side property line. Existing decks which are on the property are as close as 3.5 feet to the side property line. The lot has existed since 1923 and there is no opportunity to add additional land to the lot. The owner of the property has a family member who needs additional space on the first floor of the residence since that member can no longer negotiate stairs. There is no other appropriate location on the property to locate the proposed structure. C. Facts which makeup the substantial hardship,financial or otherwise,which would result from literal enforcement of the applicable zoning restrictions with respect to the land or the buildings for which the variance is sought. If the addition is not allowed the owners would be forced to sell the family home and find an appropriate replacement. Under the current market conditions the owners would have to relocate out of town since they can not afford to purchase a home in North Andover which would have the appropriate accommodations for the family member. D. Facts relied upon to support a finding that relief sought will be desired and without substantial detriment to the public good. The property is located in a single family residential zone. The use will remain as a single family dwelling. There will be no increase in the number of occupants of the dwelling. 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 ordinance. The intent and purpose of the bylaw is to protect the inhabitants of the town and the properties within the town. Since the property is residential and the neighborhood is residential there will be no degradation of the neighborhood which is consistent with the purpose and intent of the bylaw. F.Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, Ce- Benjamin C. Osgood,Jr., P.E. President f{: i f } 1 4 i NCS 11 /OG-V � I Crg5odo3 l f 3 2�n1-�nd1 S f -9 N1-45/x--7 "�. � t w � t 216 f Wx i I i ( I! � i _. r w., .µ lI , II II� E IK { F �--�=`�a"-mac i.�-- .�1�.► G?Ca µ x, r � t J � N . w w M M i i i tI I� " 7777777 .......... .......... , f _ � I f w. ._... 21«�:W,�. Ext F ag s � l� r t i July 12, 2007 North Andover Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: 11 Edmands Road,North Andover,MA Assessor's Map 20 Parcel 51 Dear Members: Please accept this letter as notification that Benjamin C. Osgood,Jr.is authorized to act on our behalf in regards to the zoning board application presently being considered by the board for the above referenced property. Sincerely, � la� James Noble 11 Edmands Road North Andover,MA 01845