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HomeMy WebLinkAboutMiscellaneous - 35 WOODBERRY LANE ..°R".`.. Town of North Andover Town Clerk Time stamp Community Development and Services Division RECOffice of the Zoning Board of Appeals . FICA a 400 Osgood Street North Andover,Massachusetts 01845 Raymond Santulli, 2005 SEP 2 7 PM (,f; t Interim Community Telephone (978)688-9541 Development Director Fax (978)688-9542 TOWN OF NQRTH ANDOVER �skSSACHUSETTS This is to certify that twenty 20)days Any appeal shall be filed within Notice of Decision have elapsed from date of decision,filed (20)days after the date of filing Year 2005 without filing ofan peal. of this notice in the office of the pate��•a6 �OS Town Clerk,per Mass. Gen.L. ch. 1'@�@A'�B�radshaw 40A, §17 Property at: 35 Woodberry Lane NAME: Linda F.Schrader HEARING(S): September 13,2005 ADDRESS: 35 Woodbe Lane PETITION: 2005-024 North Andover,MA 01845 TYPING DATE: September 21,2005 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 13,2005 at 7:30 PM upon the application of Linda F. Schrader,35 Woodberry Lane,North Andover requesting a dimensional Variance from Section 7,Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above. Said premises affected is property with frontage on the South side of Woodberry Lane within the R-3 zoning district. Legal notices were sent to all abutters and published in the Eagle-Tribune on August 22&29,2005. The following members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R. Webster,and Thomas D. Ippolito. The following non-voting member was present: Daniel S.Braese. Upon a motion by Richard J.Byers,amended by David R.Webster,and 2nd by Albert P.Manzi,III,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 7.9'from the east side setback in order to construct an attached garage below a family room,per Plan of Land in North Andover,Ma.,prepared for owner&applicant:John&Linda Schrader,35 Woodberry Lane, North Andover,Ma.,Date:June 20,2001,Rev.August 08,2005 [by]John M. Abagis,P.L.S.#35773,John Abagis&Associates,Professional Land Surveyors, 137 Chandler Road,Andover,Ma.,and Schrader Addition, Date 06/09/05,Drawn by LAD,Habitat Post&Beam Inc.,21 Elm Street,S.Deerfield MA 01373,with the following conditions: 1. The applicant shall submit a revised Mylar without the"Proposed 50'Roadway Easement% 2. The proposed addition shall be at least 2'less than the eidsting structure. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R.Webster,and Thomas D. Ippolito. The Board finds that owing to circumstances relating to the soil conditions,(the right rear of the parcel was a stump and boulder dump causing the existing structures and septic system be located towards the left front), shape,(the lot is narrow),or topography of the structures(no room between the structures and the side setbacks) and especially affecting this land and its structures but not affecting the neighborhood or the zoning district in general. The Board finds that a literal enforcement of the provisions of this Bylaw will involve substantial hardship,that the excavation of the boulders and stumps in order to fit the addition without this Variance,would cause financial or otherwise,to the petitioner or applicant. The Board finds that the August 6,2005 letter from the abutter at 45 Woodberry Lane,stating that the abutter has reviewed the proposed plans and does not object to the variance for the attached garage with great room above has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw. Therefore,the Board finds that the granting of this Variance will not adversely affect the east abutting parcel,or the neighborhood,or derogate from the intent and purpose of the Zoning Bylaw. Page 1 of 2 ATTEST: A True Copy Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 91w W rI l I8 -9535 r i f"O1i" Town of North Andover Town Clerk Time Stamp Community Development and Services Division CElVED Office of the Zoning Board of Appeals TOO r{,ARK S Of FICF 400 Osgood Street Raymond Santini, North Andover, Massachusetts 01845 20SES'2 7 PH 4: 19 Interim Community Telephone (978)688-9541 Fax 978 688-9542 TOWN Of Development Director ( ) ANDOVER �tASSACHUS TTS Note: 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 Building Commissioner. 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. Town of North Andover Board of Appeals, 4JL'�P M&�� E en P.McIntyre, hair Decision 2005-024. M38P139. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Town Clerk Time Stamp Community Development and Services Division RECEIVED ,y Office of the Zoning Board of Appeals TO ' ' f'[ ARK'S 0F=l it 400 Osgood Street North Andover,Massachusetts 01845 2005 AUG 18 AN 8: 54 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 TOWN OF NORTH ANDOVL. MASSACHUSETTS 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 13th of September, 2005 at 7:30 PM to all parties interested in the appeal of Linda F. Schrader,35 Woodberry Lane,North Andover requesting a dimensional Variance from Section 7, Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a fancily room above. Said premises affected is property with frontage on the South side of Woodberry Lane within the R-3 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on August 22 &29, 2005. Legalnotice 2005-024. M38P139. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 pf .... Town of North Andover Town Clerk Time Stamp Community Development and Services Division .°; FCEIVED Office of the Zoning Board of Appeals . ' CLERKS c�FFIC 'rS4CHU5 " ",,..� 400 Osgood Street kt Raymond Santini, North Andover,Massachusetts 01845 2295 SES,2 7 PM 4: 19 Interim Community Telephone (978)688-9541 Development Director Fax (978)688-9542 TOWN OF ORTH ANDOV „t SSACHTT Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass. Gen.L. ch. 40A, §17 Property at: 35 Woodberry Lane NAME: Linda F.Schrader HEARING(S): September 13,2005 ADDRESS: 35 Woodberry Lane PETITION: 2005-024 North Andover,MA 01845 TYPING DATE: September 21,2005 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 13,2005 at 7:30 PM upon the application of Linda F.Schrader,35 Woodberry Lane,North Andover requesting a dimensional Variance from Section 7,Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above. Said premises affected is property with frontage on the South side of Woodberry Lane within the R-3 zoning district. Legal notices were sent to all abutters and published in the Eagle-Tribune on August 22&29,2005. The following members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R Webster,and Thomas D. Ippolito. The following non-voting member was present: Daniel S.Braese. Upon a motion by Richard J.Byers,amended by David R.Webster,and 2nd by Albert P.Manzi,III,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 7.9'from the east side setback in order to construct an attached garage below a family room,per Plan of Land in North Andover,Ma.,prepared for owner&applicant:John&Linda Schrader,35 Woodberry Lane, North Andover,Ma.,Date: June 20,2001,Rev.August 08,2005 [by]John M. Abagis,P.L.S. #35773,John Abagis&Associates,Professional Land Surveyors, 137 Chandler Road,Andover,Ma.,and Schrader Addition, Date 06/09/05,Drawn by LAD,Habitat Post&Beam Inc.,21 Elm Street, S.Deerfield MA 01373,with the following conditions: 1. The applicant shall submit a revised Mylar without the"Proposed 50'Roadway Easement". 2. The proposed addition shall be at least 2'less than the existing structure. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R Webster,and Thomas D. Ippolito. The Board finds that owing to circumstances relating to the soil conditions,(the right rear of the parcel was a stump and boulder dump causing the existing structures and septic system be located towards the left front), shape,(the lot is narrow),or topography of the structures(no room between the structures and the side setbacks) and especially affecting this land and its structures but not affecting the neighborhood or the zoning district in general. The Board finds that a literal enforcement of the provisions of this Bylaw will involve substantial hardship,that the excavation of the boulders and stumps in order to fit the addition without this Variance,would cause financial or otherwise,to the petitioner or applicant. The Board finds that the August 6,2005 letter from the abutter at 45 Woodberry Lane,stating that the abutter has reviewed the proposed plans and does not object to the variance for the attached garage with great room above has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw. Therefore,the Board finds that the granting of this Variance will not adversely affect the east abutting parcel,or the neighborhood,or derogate from the intent and purpose of the Zoning Bylaw. Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 } pf ....T; Town of North Andover Town Clerk Time Stamp Community Development ment and Services Division Office of the Zoning Board of Appeals ToaOFFIC . 400 Osgood Street ,ss�CNt1`'t< Raymond Santini, North Andover,Massachusetts 01845 2#05 SEP 7 PH 4+ 19 Interim Community, Telephone (978)688-9541 Fax 978 688-9542 'OWN QF Development Director ( ) � TOWN NDOW, MSACHUS T"f Note: 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 cafes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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. Town of North Andover Board of Appeals, El en P.McIntyre, Chair Decision 2005-024. M38P139. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Town Clerk Time Stamp Community Development and Services Division RECEIVED Office of the Zoning Board of Appeals TO1. "3 '5 OFFICE 400 Osgood Street 14 ,SSAC HU9tl Raymond Santilli, North Andover,Massachusetts 01845 2005 AUG 25, AM 9; 25 Interim Community Telephone (978)688-9541 Development Director Fax (978)688-9542TO AN8F l®4OR SAC U "". 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 13th of September,2005 at 7:30 PM to all parties interested in the appeal of Linda F. Schrader,35 Woodberry Lane,North Andover requesting a dimensional Variance from Section 7, Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above. Said premises affected is property with frontage on the South side of Woodberry Lane within the R-3 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on August 29 & September 6, 2005. Legalnotice 2005-024. M38P139. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of Nord Andover Town Clerk Time stamp Community Development and Services Division RECEIVED Office of the Zoning Board of Appeals 400 Osgood Street ss�cHustt North Andover,Massachusetts 01845 2405 AUG 18 AM 4 D.Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 TOWN OF NQRJH AND 4A$ ACHUSETTS 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 13th of September, 2005 at 7:30 PM to all parties interested in the appeal of Linda F. Schrader,35 Woodberry Lane,North Andover requesting a dimensional Variance from Section 7, Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above. Said premises affected is property with frontage on the South side of Woodberry Lane within the R-3 zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on August 22 &29, 2005. Legalnotice 2005-024. M38P139. Board of Appeals 978-688-9541 Buildi ig 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 PPI OWN OF NORTH ANDOVER VARIANCE �'• ZONING BOARD OF APPEALS ,. NAME: ADDRESS OF APPEAL. 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(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: 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.ete. notice for mailing to 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 cost of the Party in Interest fee. supersede them. The petitioner will complete items STCE DELIVERY OF LEGAL N0T-10E 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: 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 dead on the matter by using completed. the information it has received to date. STEP 3• PLAN PagPAMION: 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 page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST• General Law ch.40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Tawe Clerk a certified list of Parties in Interest(abutters). Sj,FP 100EGOR9ING THE DEGrslO A_ND PLANS. STEPS: SUBMITAPPLICATION• The petitioner is responsible for recording certrficat+on of Petitioner submits one(1)original and ten(10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time Comn on St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. Department. « . IMPORTANT PHONE NUMBERS: PAGE 1 of 4 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street, North Andover, MA 120 Main Street 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Cleric's Office 978-6$8-9545 Building Department 978-688-9568 Assessor's Office 8-9541 Zuni Board of Appeals Office tx ,; 2005 1 ', PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCL 1. Petitioner: *Name, *Address and telephone number: LliIC A Y; tt -i6 A! "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: �In�a T-. so-aP, `fie 7-kua- v Years Owned Land: [tel�Q r 3. Location of Property: a. Street: 35- 11)n rr u l an P� Zoning District: b. Assessors: Map number: Lot Number: c. Registry of Deeds: Book Number: Page Number: ,; 7:'? 4. Zoning Bylaw Secdon(sr under which the petition for the Variance is made. SII *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the ill Mng Commissioner. 5. Describe the Variance request: i I IF The above description shall be used Tor the purpose of till Npr nada and ctsdelon. A mow ditailed dssaiptbrt is rpuMad pursuant to the Zonhrp cord Ruin and Regulations as dtsd on pope 4 section!of left applicadom Fal uw by the appkant to describe the request do" may result In a decisbe Unit doss not address the No of tics applicant. The decision will be fU~to fire request by the applkent and will not invohr*additional itnrls not inducted above. 6A. Difference from Zoning Bylaw requirements: Indicate the dMwn*ion(s)that wlli not most current Zoning Bylaw Requiretnentti. (Lines A and B are in cue of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Fnurt Side A Side B Rear B. % NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. FL Coverage Feet Spaces Front Side A Side B Rear 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. TFt.p Coverage Feet Spaces Front Side A Side B Rear, , 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 444 . 5' 61- 0 Jo i 7A. Existing Building(s): ( Ground Floor Number of Height Total Use of Number Square feet Floors I�( Sq. feet q Building* of Units" Coei t *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). k F 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Unit*" aiwe -Reference Uses from the Zoning Bylaw&Table 1. *'State number of units in buikhng(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 epenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulatioon$may result in a dismissal by the Zoning Board of this application as incomplete. Si nature: Type above name(sl,I4ere: Z//7 Q2 AGE4OF4 VARlAh;��pd 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a *10. B. 'Plan Specifications: legibly written or typed memorandum setting forth in I) Size of plan: Ten(10 )paper copies of it plan detail all facts relied upon. When requesting a Variance not to exceed 11"x17", preferred scale of 1"=40' from the requirements of MGLA ch. 40A, Sec. 10.4 and II)One(1)Mylar. the North Andover Zoning By-laws, all dimensional III) Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor,with a block for supported. All points,A-F,are required to be five(5)ZBA signatures and date indicated on the addressed with this application. Mylar. s A. The particular use proposed for the land or 10 C. Features To Be Indicated On Plan: stricture. A 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 properties 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 I1)Legend&Graphic Aids: variance is sought. 1. Proposed features in solid lines&outlined in red D. 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. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant, owner or record, and designer of of the Ordinance. surveyor. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA 10 D. Minor Projects application. Minor projects,such as decks,sheds,and garages, shall require only the plan information as indicated with 10. PLAN OF LAND an. asterisk(*). In some cases further information may Each application to the Zoning Board of Appeals shall be required. be accompanied by the following described plan. Plans must be submitted with this application to the Town 11. APPLICATION FILING FEES ' ZBA secreta at least thirty 30 days 11.A. Notification fees: Applicant shall provide a Clerk s Office and secretary rty( ) Y prior to the public hearing before the Zoning Board of check or money order to: "Town of North Andover- appeals. #022-1760-4841'for the cost of first class, certified, return receipt($4.42 as of November 2003)x#of all II' A set of building elevation plans by a Registered parties in interest identified in MGLA ch. 40A§11 on the Architect may be required when the application abutter's list for the legal notice check. Also, the involves new construction/conversion/and/or a applicant shalt supply first class postage stamps proposed change in use. (currently 37¢)x the#of parties of interest on the abutter's list for the decision mailing. 10. A. Major Projects 111. 13. Mailing bels: Applicant shall provide four(4) Major projects are those,which involve one of the sets of mailing labels no larger than 1"x2-5/8" 3 copies following whether existing or proposed: ( P I)five(5)or more parking spaces, for the Legal, and one copy for the Decision mailing). II)three(3)or more dwelling units, 11.C. Administrative fee of$50.00 per application. III)2,000 square feet of building area. i Major Projects shall require, that in addition to the 10B& 4 A Variance once granted by the ZBA will lapse in 10C features, that the plans show detailed utilities, soils, 1 (one)year N not exercised and a new petition must and topographic information. be submWed.+ MTM Zoning Bylaw Denial ' Town Of North Andover Building DepartMent `. MA.01845 400 Osgood St. North Andover, Phone 978468-9W Fax 97$4U-M2 street �ac� Ma Lot: Applicant: ,�r A,;' a r- .Sc r Request: -Xe 07 ,$?�a// l'ea�' mai eat ,c'ac�� o Date: 61,-0105- Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning 9 3 Item Notes n � ltift A i Lot Area F Front&98 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexistirig 2 Frontage Complies 3 Lot Area Com iese-S 3 Preexisft frontage 4 Insufficient Information 4 insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies `1 S 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 1 Insufficient information C Setback I Building Height I All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient �S 3 Pneexisti ht 4 Right Side insufficient 4 Insufficient Information Ve S 5 Rear Insufficient 1 1 Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Cov eS 3 Coverage . •� idao oNKnma AKOo uolsslwuaO lei XgWH Dufuu8ld vM oNqrkd P uogw wsuoo PMO ftuoZ Qllod 4V"H 9AJ _ :ol PQ~b Plan Review Narrative The following narrative Is provided to further explain the reasons for denial for the applicatiow permit for the property indicated on the reverse side: Iir1R 11 e 3 . /elA SLI, le- �� ,S-e t PC) 'O t7 Y- 7,-4 TO: Town of North Andover Zoning Board of Appeals FROM: Linda Schrader 35 Woodberry Lane,North Andover,Mass 01845 DATE: July 20, 2005 Subject: Variance Section 9—Variance Application,points A-F: 2 pages A. My particular Variance request for the proposed use of adding a two car garage with a great room above. B. The particular circumstances of my lot relating to soil conditions are not interfering, changing or altering in anyway with any other abutting property and will not alter the soil conditions provided the zoning variance is granted. Moving the proposed addition further back on the lot would involve substantial change in soil,as the lot was used for dumping the stumps and boulders from the subdivision. The particular circumstance of my lot relating to shape are that my lot is angled odd shaped like a pie with minimum setbacks on the sides making the proposed front of theag rage andeager t room 7.5 ft less than the required 20 foot side setback and the proposed back of the garage and great room 1.3 feet less than the required 20 foot side setback. The particular circumstances of my lot relating to topography,or to the structures especially affecting the property for which the Variance are less than the required 20 feet side setback is that the structure is proposed so as to not cause the dig out and removal of soil due to stump dump fill in the backward at the top of the driveway and removal of many trees. The proposed structure will be built at the level of and over the current existing driveway which will not change the topography in a negative way of either our property or the abutter's property. C. Due to the shape of our lot and the placement of our foundationrip •or to purchase of the property,placing the garage elsewhere on our lot would involve removal of substantial number of trees and substantial alternation of the soil as our lot to the rear of the proposed garage was used by the builder as a"stump dump'which we discovered when we attempted to have our in ground pool installed. Our pool location had to be changed to the opposite rear of our property. Placement of the proposed addition at a place which would meet the zoning required side yard setback would entail additional buildings being added in order for the garage to be attached to the original structure and substantial alteration of the soil due to stumps and boulders which would result if the literal enforcement of the Zoning Bylaw section on this land or use if this Variance relief is not granted. D. Granting of the variance will allow a less cluttered appearance to the neighborhood by garaging vehicles and outdoor equipment currently on the driveway providing s#fqjy to the surrounding abutters by deterring temptatian of theft or mischievous damage will support a finding that the relief sought will be desirable and without substantial detriment to the public good. E. Approval of the proposed addition to the current house structure is desirable as it will entail removal of only one tree of the surrounding topography and will be will be more than 50 feet from the abutting properties house structure, will add value to the existing structure and not interfere with abutters support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. F. N/A "'� � f �y a�? 'i* ` r ry:: .*f,� � �� � " '' , f z r` "''��' � .r ✓ r r A 0,4 # i r �yi zy .P' e dF.Yb f r -" "SIT - Y w Willi w b� �„ . Wl � aF � r ani TO: Town of North Andover Zoning Board of Appeals RE: Variance Request by Linda Schrader 35 Woodberry Lane,North Andover DATE: August 6,2005 FROM: 6 Q,-r sJ t!t f/1 Lt-C n1C tZ- I am listed as an abutter to the captioned property requesting a variance Section 7, paragraph 7.3 and Table 2 for yard setback on side to add an attached garage with great room above. I have reviewed the proposed plans and do not obtect to the granting of the variance for the addition of an attachT garage with great room above. &4. l gignature Date: 0 V07LO Address s Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 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 PropertV: MAP PARCEL Name Address 38 139 Linda Schrader, Tr 35 Woodberry Lane North Andover, MA 0 Abutters Properties MAP PARCEL Name Address 38 11 William Uttley 36 Woodberry Lane North Andover, MA 0 38 12 George Gailey 386 Marbleridge Road North Andover, MA 0 38 52 Dorothy Giard 1575 Sandy Lane Clearwater, FI 34615 38 134 Mona Leveille 57 Orvis Road Apt#2 Arlington, MA 38 135 Richard Stumpfler 16 Woodberry Lane North Andover, MA 0 38 136 Robert Kettinger 26 Woodberry Lane North Andover, MA 0 38 137 Laurence Travaglia 46 Woodberry Lane North Andover, MA 0 38 138 Eric Faulkner 45 Woodberry Lane North Andover, MA 0 38 140 Fred Oliveri 25 Woodberry Lane North Andover, MA 0 38 141 Janice Bickley 15 Woodberry Lane North Andover, MA 0 38 142 James Daly 5 Woodberry Lane North Andover, MA 0 38 302 Robert Lurvey 131 Thistle Road North Andover, MA 0 38 303 Crag Core 143 Thistle Road North Andover, MA 0 38 304 North Andover Land Corp 60 Beechwood Drive North Andover, MA 0 38 305 Erick Lucera 138 Thistle Road North Andover, MA 0 38 306 Derek Rhodes 120 Thistle Road North Andover, MA 0 38 312 North Andover Land Corp 60 Beechwood Drive North Andover, MA 0 page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certifi d by:, -'�� date N T/ i D rn D O Z a ORDER NO. SHEETNO. REVISIONS SCHRADER REVISED 6/15/05 2005 O PRELIMINARY PLANS 3300 ADDITION NOT TOIL CONST111WhON DRAWN BY TO BE SIGNED AND RETURNED WITH CONTRACT DEPOSIT ME /J "kat ® LAD THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAM. IT IS NOT TO BE REPRODUCED, I21 Lost a BINC.EAM c. 21 DISCLOSED TO OTHERS,OR OTHERWISE USED IN ANY MANNER EXCEPT AS AUTHORIZED IN I acknowledge that I have reviewed these plans and approve them for Habitat Post 8 S.DEERELM STREET SCALE FIELD MA 01373 'A." = I'-0" WRITING BY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHORIZED USE,IT IS TO BE Beam to begin working drawings.Any further changes will result in a price increase. POST&BEAM (4131666.4006 DATE RETURNED PROMPTLY TO HABITAT POST AND BEAM. 06!09/05 Signature Date c rn o� D >'n o s V) RII y N of Z n O rn A rn IIJII �o D Z Z D o 0 O u 2 U few Illl�� 0 _. I i I K. f i O b m o O � O N z N OO /V O N r- 4 rn ,p N 1 � 1 O N Cc) I D oD N m —1 o —1 0 m O Z Z ----------------------- O N N 'jI i itN I ( I I ORDER NO. SHEET NO. REVISIONS SCHRADER I REVISED 6115/05 PRELIMINARY PLANS 2005 NOTFORCONSTRUCTION3300 ADDITION DRAWN BY TO BE SIGNED AND RETURNED WITH CONTRACT DEPOSIThaNtLAD THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAM. ITIS NOT TO BE REPRODUCED, I acknowledge that I have reviewed these plans and approve them for Habitat Post 5 D Hag 21 POSTR seam INC. DISCLOSED TO OTHERS,OR OTHERWISE USED IN ANY MANNER EXCEPT AS AUTHORIZED IN 21 ELM STREET scptE Beam to begin working drawings.Any further changes will result in a price increase. ® S.DEERPIEID MA 01373 I/r." = I'-0" WRITING BY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHORIZED USE,IT IS TO BE POST&BEAM (413)6654806 7ATE06/09/05 RETURNED PROMPTLY TO HABITAT POST AND BEAM. Signature Date 0 THERMA-TRU 5262 W N O O .'D ❑ C N r T� P r o � rn a D D N D � tiN �r� P P N O O z A Z O N y O Z P O "O D N� , P N p ORDER N0, SHEET NO. REVISIONS 2SCHRADER REVISED 6115105 1 005 � PRELIMINARY PLANS '33 oo ADDITION NOT FOR CONSTRUCTION DRAWN By TO BE SIGNED AND RETURNED WITH CONTRACT.DEPOSIT jo hab �� HABST LAD THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAM. IT IS NOT TO BE REPRODUCED, ITAT M 8 BEAM INC. I acknowledge that I have reviewed these plana and approve them for Habitat Post 8 21 ELM STREET scAie DISCL05ED TO OTHERS,OR OTHERWISE USED IN ANY MANNER EXCEPT AS AUTHORIZED INseam to begin working drawings.Any further changes will result in a price increase. ® S.DEE RpIELD MA 01373 '/4" = I`0" WRITING BY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHORIZED USE,IT IS TO BE POST&BEAM I<13t ooa�oos DATERETURNED PROMPTLY TO HABITAT POST AND BEAM. 06/09/05 Signature Date �— 6'-0" 24'-0" AR31 AR31 CTDCI of C31 CTOCI o/C13 I I I I I I I I II DORMER I I II I O Z II I DO I o ` I M In ti ------- D I 4 I 70 � I I m � I i 1 I M I 3 I a I I I DORMER I RAILING I 1 ti I� O I I la --------i - rl Im I. yl '___�_r I _ )S261 �L 3p I�I'+ M'lTHERMATR -� I v _——— I_———— �I 3066 2868 EXISTING HOUSE EXIST11 1 ING HOUSE 4 , O I C I -o rn IM rn r rn rn r m 7124'-0" r r-- -n OHT6610 DHTS610 O HGT. 9'-6 3/4" HGT. 9'-6 3/4' 0 D r H L- 3 I 3 rn N N I M I , M a o I I Ilr M rnI , Ir -n - r r- II I O I I DPEN ABOVE LOFT ABOVE V Co 3 on Co O T r M r m D A Z N RAILING O IRM Z 2868 EXISTING HOUSE i ORDER NO. SHEET N0, REVISIONS SCHRADER REVISED 6/15/05 2005 Z PRELIMINARY PIANS 3300 ADDITION J NOT Ftlit CONS'1`1LIAMON DRAWN BY TO BE SIGNED AND RETURNED WITH CONTRACT DEPOSIT TPOST ©� LAD THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAM. IT IS NOT TO BE REPRODUCEQ HAercaT' T a SEAM wc' M DISCLOSED TO OTHERS,OR OTHERWISE USED IN ANY MANNER EXCEPT AS AUTHORIZED IN I eamto b gin that I have reviewed mese plans and approve them for Habitat Post.1ELMTREET Beamro begin workin Brewin s M priceincrea6e.S.DEERFIELD MA 01313 WRITING BY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHORIZED USE,IT IS TO BE9 9 Y rorther changes will resuR in a&BEAM (413)6664006RETURNED PROMPTLY TO HABITAT POST AND BEAM. Signature Date A� 'OR RECi57Rr USE ONL 1p 1 CERTIFY HAT THIS PLAN HAS BEEN �� PREPARED IN CONFORMANCE WITH THE RULES AND S) OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. Por n« N/F {� eo.mn w ARTHUR �'op�°wo� LARD N/F DATE 61OHN M. ABA WATERSHED DISTRICT WILLIAM UTTLEY N/F SHASHIKANT ASSESSOR'S PATEL N/F CHAPTER 380. AC75 OF 1966 MAP 38, LOT f39 ROBERT KETTINGER 7H£PROPERTY LINES SHOWN ARE ti LIVES DIVIDING EX/ST7NG OWNERSHIPS, AND THE LINES OF STREETS AND °s WAYS SHOWN ARE THOSE OF PUBLIC VIEW REFETEIIID NORTH ANDOVER OR PRIVATE WAYS OR STREETS �"-�--- LAND CORPORATION ALREADY ESTABLISHED AND.THAT NO BK. 2731 PG. 310 N/F NEW LINES FAR DIWSION OF EXIS77NG JAMES OWNERSHIPS OR NEW WAYS ARE OATES — ` _ — SHOWN. 9'w PLANS 1h4re .z NONO. 7397YY'''25.00' R= O !3.55' 5 ..°,,, �SZ3'-50'-n"E194.14 DATEACi5'; NOTES OE p �6ti __ o LOT 7' 1) TWE PmPosACCOMPANY OF Tf/1S PLAN IS N/F l5D cA.� $� oaorosco i 28.°00 Sr..* v TO ACCOMPANY THE APPLICATION FOR i l FOR VARIANCE OF JOHN &LINDA SCHRADER. RENNICKE po'� AS PE AREA REALTY TRUST dd S°9 NLD•-56' AT To Nµ TONN OF NORTH ANDOWR LS 4qo e 8 09W APPEA 2) EXlS71NC BUILDING OVERAGE= 6X �fl�y 5g•-40'WDA 3) PROPOSED BUILDING COVERAGE- 9x ?59.)2• APPROXIMATE EDGE OF WETLANDS LOCATED ALONG DATE OFfIUNC' 4) £XIS77NG SE78ACKS TAKEN FROM CORNER BOARD. � � ?� PROPERTY LINE AT DATE OF HEARING h by STONE wnu. DATE OF APPROVAL: r°. N/F 2 BRIAN THERIAULT N/F N/F DOROTHY GIARD PLAN OF LAND JOSEPH GARON NORTH ANDOVER, MA. PREPARED FOR OWNER k APPLICANT.- JOHN &LINDA SCHRADER 35 WDODBERRY LANE, NORTH ANDOVER, MA. PH. 978-686-3774 SCALE. 11-40' DATE .LWE 2Q 2001 Nn JAMES DALY GRAPHIC SCALE M C71 PREPARED By- JOHN ABAGIS&A=aAWS SAL LAND SUTI RM 137.CHANDLER-ROAD,40MOMM•mA. PH..9T19�B8�4899 -Na 4e14