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Miscellaneous - 88 JOHNSON STREET
Town of north Andover r",1, ,.;i; ,:;. Sr.,r111) ZONING BOARD OF APPEALS� - %IheI t 14 tilanzl Ili. ]ar}. t'{icrirmuui Iv 11oll P klcIIII%re, t-I cc-("itainnall 40RTh Richard.1. 13% r, l.ul. ( e!'k O`t"00 Aie�'4- ^� Joseph ll. L,IC,r,tisc Sit a ,. a pL CU, I)avid R 1ichster � � l,csvcinh1lenrhers M � ; < I,honlas 1) Ipix lito RicIvird M. Valllallcourt 'Z7 °'►wro ►'� q� i�tJ�' F 1.! Daniel S. 13racse. Esq. �SSACNU 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 11th of September, 2007 at 7:30 PM to all parties interested in the application of Robert Maurer, 88 Johnson Street, (Map 97, Lot 2)for premises at: Lot 1A Johnson Street,North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the right side setback in order to construct a proposed new single family dwelling. Said premise affected is property with frontage on the East side of Johnson Street within the R-3 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, II1, Chairman Published in the Eagle-Tribune on August 27 & September 3,2007. Legalnotice 2007-018. M97P2-1 A. II� lof)O Osgood Street, Building 20-Suite 2-36. North Andover, Mirssachusetts 0184i Phone-978-688-95.11 Fax-9?9-t:188-9i42 Web-�N,NvNk.to,�noliiorth�dover_coin Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA 01845 7006 x150 0003 4771 9635 '� ..r. ti HASLER e 1 961 &32 1st NOTICE a p Town of North Andover P; ' 120 Main Street 2nd NOTICE RETURNED North AndDver, MA 01845 � , to U1 us POSTAOE'i- =-d'1 $3-i fir''-� :s Lw,»f° 1111111111 1411iii4 1-S iii�All1111Vi}i1111A1111Yi111IIIII) Town of North Andover Ta"at*T"o S" ZONING BOARD OF APPEALS Albert P.Manzi 111,Esq,CA*~ . Ellen,Ellen,R McInt 01 yre,Vio-Chairow Richadj,Byers,Esq,Chrk I Joseph D.LaGrasse p d . 20L17 SEP 25 Pl-1 !7,: 00 David R.Webster �4ss&it*Mew&-^ Thomas D.Ippohto Richard M.VafflancourtJ11 Daniel S.Breese,Esq. C 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 Property at: Lot 1A Johnson Street NAME: Robert Maurer,88 Johnson Street HEARING: September 11,2007 ADDRESS: Lot IA Johnson Street PETITION: 2007-018 North Andover,MA 01845 TYPING DATE: September 19,2007 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 Robert Maurer,88 Johnson Street,(Map 97,Lot 24A)for premises at:Lot 1A Johnson Street, North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the right side setback in order to construct a proposed new single family dwelling. Said premise affected is property with frontage on the East side of Johnson Street within the R-3 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 Thomas D. Ippolito. The following non-voting members were present: Richard M.Vaillancourt and Daniel S.Braese. Upon a motion by David R. Webster and 2"d by Ellen P.McIntyre,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 6' from the south side setback in order to construct a proposed single family dwelling per: Site: Lot IA Johnson Street(map 97,Parcel 24A),North Andover,MA 10845 Site Plan Title: Variance Plan of Land,located in,North Andover,Mass.,Owner&Applicant: Robert E.Maurer,88 Johnson Street North Andover MA Date(&Revised Dates): 8/24/2007,Rev: 8/29/2007 Registered Professional Michael J. Sergi,R.P.L.S.03191,Philip G.Christiansen,R.P.Civil Engineer Land Surveyor: #28895,Christiansen&Sergi, 160 Summer St.Haverhill,MA 01830 Sheet/Drawing: Dwg.No.06070004 Date: Received Aug 16,2007 Sheet/Drawing: Front Elevation,Right Elevation,Rear Elevation, [left elevation,basement,first floor,second floor] With the following condition: 1. The Planning Board conditions for the Frontage Exception Permit dated April 5,2007 shall apply to Lot IA. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,111,David R.Webster,and Thomas D. Ippolito. Page I of 2 1600 Osgood Street,Building 20-Suite 2.36,North An&ver,Massachusetts 01845 Phone-978-688-9541 Fax-978.688-9542 Web-wwwwwnofiwd=dover.com Town of North Andover Town Clerk Time St=p ZONING BOARD OF"PEALS E V E D Albert P.Manzi III,Esq, Chairman r Ellen P.NIcIntyre' Vire-Chairman 0D* VkORT11 Richard J, Byers,Esq. (164, -. 6 Joseph D.LaGrasse 0 2007 SLED 25 N David R.Webster I- Assodate Alembers Thomas D.1pl)olito 11 J Richard M.Vaillancolirt 0 Arse Daniel S. Braese,Fsq, A The Board finds that owing to circumstances relating to the specific shape and topography of Map 97,Lot 2-1A, Johnson Street and the siting of the abutting 88 Johnson Street 1830 dwelling's porch affects this land and proposed structure but does not affect the Residential 3 zoning district in which it is located. The Board finds that Lot I A is 85'wide at the dwelling location required by the Planning Board in order to preserve the abutting structure and finds that there is a steep grade from the proposed dwelling location's rear to the lot rear. The Board finds that the applicant has received and registered a Frontage Exception Permit from the Planning Board with the following conditions"4.b.ii.All newly constructed residential homes must be oriented towards Johnson Street and should maintain the rural character and integrity of the existing neighborhoods..."and"4.b.iv.The construction of a residential structure on Lot#1 shall be setback approximately 25 feet+/-from the horizontal plane of rear side of the existing home located on Lot#2."in order to preserve the streetscape approaching the Old Center Historic District. The Board finds that a literal enforcement of the provisions of Paragraph 7.3&Table 2 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that two abutters,Glen D.Johnson,59 Salem Street and Lane W. Goss,89 Johnson Street,spoke in favor of the petition and that there was no written or spoken opposition. The Board finds that desirable relief maybe granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. 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 giant, 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 hearin * Andover Zoning Board o!(Appeals * ert an P.Manzi,111,Esq.,Chairman lien,711en P.McIntyre, Vice Chairman Joseph D.LaGrasse David R.Webster Associate Member Thomas D.Ippolito Decision 2007-018. M97P2-IA. Page 2 of 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townoffiorthandover,com TOWN OF NORTH ANDOVER Vi[Af4 ZONING BOARD OF APPEAL NAME: PO 13E2-i- ADDRESS l� �1 {. ADDRESS OF APPEAL: FS' s/ Trus% G Cit w*a i p v4� Procedure & Requirements MAS 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: k 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 legs Zoning Board of an application as incomplete. notice for mailing to the parties in interest (abutters) a 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 tt Rules and Regulations and is not meant to Cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Offic 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 fort 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 i 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 usinc F 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 Board's decision will t cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Boarc decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST* General Law ch. 40A § 17, within twenty (20)days aft The petitioner requests the Assessor's Office to compile the decision is filed with the Town Cleric. a certified list of Parties in Interest (abutters). STEP 10: RECORDING THE DECISION AND PLAN STEP a: SUBMIT APPLICATION: The petitioner is responsible for recording certification Petitioner submits one (1)original and ten (10) Xerox the decision, the Mylar, and any accompanying plans copies of 311 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 Common St., Lawrence MA, and shall complete the and date of fling. The original will be left at the Tcwn 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 'fie,Zoning Board of Appeals secretary. C apartment. MPORTANT PHONE NUMBERS: 378-=338-'.533 3ffice of Community Dev: A -j3i`ilces :,.forth Andover T own Hall 1800 Osgood Street, 120 Main Street '`forth Andover, MA 01845 978-688-9501 Town cleric's-f ice 8- `?3-95#Z 9x for Community Ceveloprrent � tIces 978-838-9566 A, sssor's Office ?: --388-9545 3uilding Department '_;pingpp c ?AGE I of .A Beard of.�Appeals �' tfi. e l rHVC A Ur 4 w r+ NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all items 1 -10 below: I. Petitioner: *Name, *Address and telephone number: Roe P-7- Zvi A u 14�� 8 S Jot+ti 5o&J 57— <Vo/qa-A A N P6 V 07C 1778 683 -- (4162 *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: SGt)'Vl� I Years Owned Land: a P- b �� 3 er>9 .S 3. Location of Property. a. Street: K? J OH tJ,56 n) S�' toT- 1A Zoning District: R b. Assessors: Map number: Lot Number: . - 1 A c. Registry of Deeds: Book Number: 13 a7 Page Number: zq-d 4. Zoning Bylaw Section(s)* under which the petition for theadance is made. S n 7 Rare a rd back 7cc Z Refer to the Zoning Bylaw Denial and Pian Review Narrative form as supplied by ng the Builds Commissioner. 5. Describe the Variance request: Rt FaE67-/U C, VAR 1AnleE- Fok TWE R16H S�r)F s&-r L3Ace- tAj oRnF� TD conISTkUG7' A FAMILY 10WE7L1AJC- CAI (07 IA ff Jo40,So<y S7— The TThe above description shall be used for the purpose of the legal notice and decision. A more detaNeil description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application. Failure by the applicant to describe the request clearly may'result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not included above. 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) Lot Area Open Space Percentage Lot Frontage Parking Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % t� B. % i NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C 6 B. Existing - I Lot. . 1�I F11V'Ly c��-F}7 F D, VR C'p ry—j /-01-- Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3 N A 0-5- 6 N A 6 C. Proposed Lots) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Sile A Side B Rear /S n/i4 /✓Ft laS 7SI ILEA Z0� t 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 I 25joy%° 0 nj A id.r IQ 301 z0 20 O 7A. Existing Building(s): i Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units** i N A i r *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* of Units** P � /600 4 33 q1 b 0 S/N6 LE i-/9M I L '1+,o44 E i i i ;Reference Uses from the Zoning Bylaw&Table 1. `*State number of units in building(s). f i 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 f 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 F 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 dismPme(s) ing Board of this application as incomplete. p Si nature: Type abovere- Ptfl[.[PC- Cff i?1S7I iV.S�jt/ i F PAGE 4 OF 4 VARIANCE 9. YJRITTEN DOCUMENTATION "10. B. 'Flan ^.pecifications: Application for a Variance must be supported by a n 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 Variance H) One(1) Mylar, with one block for Registry Use from the requirements of MGLA ch.40A, Sec. 10.4 and Only, and one block for five (5) ZBA signatures &date. the North Andover Zoning By-laws, all dimensional IIn Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually 3 registered Professional Land Surveyor. Please supported. All points,A-F, are required to be note that plans by a 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. 1) 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, 8. 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 D) Legend&Graphic Aids shall include: 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 fines 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 green without nullifying g or 6. Names addresses and 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 alecks, :sheds, and garages, application. shall require only the plan information as indicated with an. asterisk(*). In some cases further information may -10. FLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 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 Clerk'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, appeals. 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 when the application applicant shall.supply first class postage stamps involves new construction/conversion/.and/or a -,currently 39 f) x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 11. 13. Mailing labels: Applicant shall provide four(4) 10. A. '/lajor Projects sets of mailing labels no larger than 1"x2-5/8" (3 copies Aajor projects are those,which involve one of the for the Legal, and one copy for the Decision mailing). f,311cwing whether existing or proposed: -11. C. ,a.pplicant shall provide a d:;heck or money order I) five (5) or more parking spaces, to: 'Te wn of North Andover' oer 2005 Revised Fee ;3chedule. "I)three (3) or more dwelling units, fJf).2,000 square feet of:building n-rea• , .A V—i .'ance r;nce gran€?d ,,y �1'e;'�A'all 'np:^e n Major Projects shall require, that in zdditien to the ;' 8 & i (one)year if not exercised and a new petition must i CC i'F'�itureS 'ihat'1.he plans"h��w detailed ,zf litieS,3CiIS, s�e ssubrnitted. i ;3i,d rc.pcgWhic infcrrr ation. 1 • i i REQUEST FOR VARIANCE PROJECT DISCUSSION Section 10.4 of the North Andover Zoning Bylaw, 'variances and Appeals,reads in part that the Board may grant a variance"...where the Boards finds that owing to circumstances relating to soil conditions,shape or topography of land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship,.... to the ....applicant and that desirable relief may be granted without substantial detriment to the public good...." The irregular configuration of the lot was created by the location of the existing house. The house which is historically significant has been owned by Robert Maurer for over 30 years and he has restored it to the condition it is today. Dr. Maurer plans to sell the existing house to his daughter and build a house for him and his wife on the newly created Lot IA. The existing house stands on a reduced frontage lot that was recently created by special permit. A requirement of that permit was that any proposed structure on Lot I would be slightly behind the front of the existing house. The proposed house is situated in line with the existing house but approximately 10 feet behind it or 80 feet from Johnson Street. This location will suit the character of the site and the neighborhood but requires a sideline offset reduction to 14 feet. The new house will be 42 feet from the main structure of the existing house but only 35 feet from the porch of the existing house. An alternative to the proposal would be to move the house to the rear 56 feet.This would allow the meeting of all offsets but would move the structure from 146 feet from the rear to 90 within feet of the rear line. A second alternative would be to put the garage in front of the house,thereby meeting the side line offset with the house to the rear. Finally the house could be constructed with the gable end facing the street. Of the alternatives,the proposed structure offers the best fit with the nature of the area.It keeps the proposed house within the visual construction limits of the existing house and presents a fagade to the street that is in keeping with the neighborhood. The proposed house is also farther from the neighbors to the rear than the alternatives would provide. r Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 slates 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 Prooertv: MAP PARCEL Name Address 97 2 Robert Maurer 88 Johnson Street North Andover,MA 01845 Abutfers Properties Map Parcel Name Address 96 10 Clinton Coolidge 24 Salem Street North Andover,MA 01845 96 11 Town of North Andover 120 Main Street North Andover,MA 01845 96 31 Peter Calkins 79 Johnson Street North Andover,MA 01845 96 32 Town of North Andover 120 Main Street North Andover,MA 01845 96 41 Renette Pearson 70 Salem Street North Andover,MA 01845 96 47 Timothy Simpson 58 Salem Street North Andover,MA 01845 96 50 Leonard Annaloro 79 Salem Street North Andover,MA 01845 96 52 John Carter 40 Salem Street' North Andover,MA 01845 96 57 Thomas Patenaude 100 Salem Street North Andover,MA 01845 96 59 Maureen Payne 69 Salem Street North Andover,MA 01845 96 60 Glen Johnson 59 Salem Street, North Andover,MA 01845 96 61 Michael Bower 49 Salem Street North Andover,MA 01845 96 62 Eric Bosco 39 Salem Street North Andover,MA 01845 96 63 Lily Distefano 29 Salem Street North Andover,MA 01845 96 64 Edith Joy King 74 Johnson Street North Andover,MA 01845 96 65 Gary Calabrese 84 Johnson Street North Andover,MA 01845 96 76 Pamela Burkardt 10 Milk Street North Andover,MA 01845 97 1 John Parker 30 Leanne Drive North Andover,MA 01845 97 3 Peter Rodriques 128 Johnson Street North Andover,MA 01845 97 4 Thomas Kelly 75 Leanne Drive• North Andover,MA 01845 97 5 Joseph Torrisi 87 Leanne Drive North Andover,MA 01845 97 6 Benjamin Osgood 164 Johnson Street North Andover,MA 01845 97 15 K.C.Kellan 49 Sutton Hill Road.. North Andover,MA 01845 97 20 Thomas Burkardt 10 Milk Street North Andover,MA 01845 97 22 Nancy Goss 89 Johnson Street North Andover,MA 01845 97 28 Steven Marsh 93 Johnson Street North Andover,MA 01845 97 29 Russell Karl 95 Johnson Street North Andover,MA 01845 97 30 William Crocker 145 Johnson Street North Andover,MA 01845 97 32 Matthew Ginsberg 125 Salem Streeti North Andover,MA 01845 97 31 Richard Mallen 47 Sutton Hill Road North Andover,MA 01845 97 33 Jeffrey Thomas 44 Sutton Hill Road North Andover,MA 01845 97 37 William Batchelder 125 Heath Road North Andover,MA 01845 97 38 Richard Misci 154 Johnson Street North Andover,MA 01845 97 39 Timothy Carroll 130 Heath Road North Andover,MA 01845 97 40 Walters Green 136 Heath Road North Andover,MA 01845 97 48 James Grieco 65 Leanne Drive North Andover,MA 01845 97 49 Thomas Lamson 92 Heath Road North Andover,MA 01845 97 95 Vincent Carusi 146 Johnson Street North Andover,MA 01845 97 96 Martin McGrath 150 Johnson Street North Andover,MA 01845 97 98 Grad Rosenbaum 21 Leanne Drive North Andover,MA 01845 97 99 Janet Barros 33 Leanne Drive North Andover,MA 01845 97 100 Jennifer Lutsky 95 Leanne Drive North Andover,MA 01845 Date 8/7/2007 Page 1 of 2 This certifies that the names appearing on the records of the Assessors Office as Of Certified,b,a Date LO/7-040 7 , Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,section 11 stales 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 planting board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 97 2 Robert Maurer 88 Johnson Street North Andover,MA 01845 Abutters Properties Map Parce! Name Address 37.1) 20 Charles Trafton 137 Salem Street North Andover,MA 01845 37.D 28 Lee Knowles 151 Salem Street North Andover,MA 01845 37.1) 48 Timothy Maynard 60 Leanne Drive North Andover,MA 01845 97 47 Mark Rea 85 Johnson Street North Andover,MA 01845 97 97 Jeffrey Manning 7 Leanne Drive North Andover,MA 01845 Date 8/7/2007 Page 2 of 2 This certifies that the names appearing orl the records of the Assessors Office as of Date Certified bye. � -IV ED Rules and Regulations Governing the Subdivision of Land in North AndovJ kassachusetts FORMA 2901 JAIL 23 l 10- 59 APPLICATION FOR APPROVAL NOT REQUIRED } 3f 4 IiGR DATE: July 17, 2007 ¢ MAS (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: Robert E. Maurer Address: 88 Johnson Street, North Andover, MA 01845 2.Location and Description of Property[include Assessor's Ma andLot and ZoningDistrict(s)]: Map 97, Lot 2 8�3 Johnson Street, North Andover Zoning District R3 3.Deed Reference: Book 1324 Page 240 or Certificate of Title: 4.Name of Surveyor: Michael J. Sergi Address: 160 Summer Street Haverhill MA 01830 Signature of Owner(s): 0--9 V V\ W" Address: 88 Johnson Street North Andover MA 01845 Page 79 Rules and Regulations Governing the Subdivision of Land in North Andover,Massachusetts Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: X a) a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan .or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Page 80 CHRISTI SEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318 (978)373-0310 FAX: (978)372-3960 July 17,2007 Town of North Andover Office of the Planning Department Community Development and Services Division Osgood Landing 1600 Osgood Street Building 320, Suite 2-36 North Andover,Massachusetts 01845 RE: Form A Application 88 Johnson Street. Map 97,Lot 2 To the Town Planner: Attached is a Form A Application and Plan for the above referenced property. The application is by Robert E. Maurer. The parcel is shown as Lot 2 on the Town of North Andover's Assessors Map Number 97. The parcel is located on Johnson Street. The purpose of this plan is adjust the lot line between Lots 1 A and 2A to meet the sideline setback of 20 feet from the existing porch located on Lot 2. Reference is made to the(Form A—ANR)Plan approved by the Town of North Andover's Planning Board on April 10,2007,the plan is dated December 26,2006 with revisions and recorded at the Essex North Registry of deeds as Plan Number 15689. Reference is also made to the Notice of Decision, dated April 5, 2007 and recorded on April 11,2007 in Book 10738 Page 275 for a special permit for a frontage exception. Lot I has 125 feet of road frontage along Johnson Street,a Lot Width of 103.9 feet along the front building setback line,a CBA of 100%and Lot Area of 30,157 square feet. Lot 2A has 100 feet of road frontage see (special permit for a frontage exception. Bk. 10738 Pg. 275)along Johnson Street, a Lot Width of 138.6 feet along the front building setback line,a CBA of 100%and lot area of 75,000 square feet. The parcels have direct access from Johnson Street. Thank you, Christiansen& Sergi Michael J. Sergi of< Town of North Andover Office of the Planning Departme", r- "{ ' * t Community Development and Services Divisii on rP",�45* Osgood Landing 2007 AUG „ �� SSACHU56 1600 Osgood Street rj t: 9 Building#20, Suite 2-36 0 North Andover,Massachusetts 0 } ` ° ° Lincoln Daley "�'` ° r s' Town Planner P (978) 688-9535 F (978) 688-9542 August 2, 2007 Mr. Robert Maurer 88 Johnson Street North Andover, MA 01845 Reg: ANR for 88 Johnson Street,North Andover,MA 01845 Dear Mr. Maurer, As you are aware,the Planning Department received a Form A plan on July 23, 2007 proposing two lot line changes. The purpose of your request is to adjust the side lot line between Lot 1A and Lot 2A to meet the sideline setback of 20 feet from the existing porch located on Lot 2A. Lot 1 A has 125 feet of street frontage along Johnson Street,lot width of 103.9 feet, a CBA of 100%and lot size of 30,157 s.f. Lot 2A has 100 feet of street frontage(Special Permit for frontage exception issued, Bk. 10738 Pg. 275); lot width of 138.6 feet, a CBA of 100%and lot area of 75,000 s.f. Plan of Land dated July 17, 2007, as drawn by Michael J. Sergi, #33191 of Christiansen & Sergi, 160 Summer Street,Haverhill,MA 01830. The plan has been reviewed and endorsed. Sincerely, Lincoln Daley, Town' fanner cc: Building Department Assessors Office +R r *- Rules and Regulations Goveming the Subdivision of Land in N" of.'f��r�,uer,li9as�acMusl?tYs FORMA 2L 231 559 APPLICATION FOR APPROVAL NOT6REQUIRED �� � s DATE: July 17, 2007 01 ` H'ORTHNMASS 1i ` a. (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: Robert E. Maurer Address: 88 Johnson Street, North Andover, MA 01845 2.Location and Description of Property[include Assessor's Map andLot and ZoningDistrict(s)]: Map 97, Lot 2 88 Johnson Street, North Andover Zoning District R3 3.Deed Reference: Book 1324 Page 240 or Certificate of Title: 4.Name of Surveyor: Michael J. Sergi Address: 160 Summer Street `Haverhill MA 01830 Signature of Owner(s).- ?_� Address: 88 Johnson Street North Andover MA 01845 Page 79 S-! i Y ( s Rules and Regulations Governing the Subdivision of Land in North Andover,Massachusetts Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: X a) a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Page 80 ' t C 1 E 201 AUG -3 FIS 1: 5 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: T `;r �'iFE Yi ed that said plan does not require approv 5� determined DThe North Andover Planning Dari has i r Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date:-0/0-2— O`µORTH Town of North Andover ta.4a�•�O Office of the Planning Department {= F_IV E o Community Development and Services bl@ri = �. au Osgood Landing cMusEt 1600 Osgood Street GU ' Building#20,Suite 2-36 North Andover,Massachusetts 01845 ,. Lincoln Daley r .. aC Town Planner _ �,, P(978)688-9535 F(978)688-9542 NOTICE O F DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Date: April 5, 2007 Clerk. Date of Hearings: March 20&April 3, 2007 Date of Decision: April 3, 2007 Petition of: Robert E. Maurer 88 Johnson Street,North Andover,MA 01845 Premises Affected: 88 Johnson Street,Map 97-Parcel 2 Referring to the above petition with provision ofM.G.L., Chapter 40A, Section 11 & Section 7.2.2 of the Zoning Bylaw for a Frontage Exception Special Permit. Property is located within the R-3 Zoning District. At a public hearing given on the above date and upon a motion made by Jennifer Kusek and 2nd by Alberto Angles to approve a Frontage Exception Special Permit for 88 Johnson Street the Board voted unanimously in favor based on the following conditions: Sign " 0 ed: Cz Lincoln Daley, Town antier on behalf of the Planning Board Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Chair Jennifer Kusek I� cc: file BOARD OF APPEALS 688-9541 BUR DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 6889535 r 88 Johnson Street,Lot 2 Special Permit Approval—Frontage Exception Lot The Planning Board makes the following findings regarding the application of Robert E. Maurer, 88 Johnson Street,North Andover, MA 01845,requesting a Special Permit under Section 7.2.2 of the North Andover Zoning Bylaw for the creation of Frontage Exception for Assessor's Map Map 97,Lot 2, located off Johnson Street. FINDINGS OF FACT: Lot 2 as shown on the Special Permit Plan,December 26,2006 (Revised 3/5/07)conforms to all of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows: 1. The area of Lot 2 exceeds by three times the minimum area required for that Zoning District. 2. The lot has a minimum continuous street frontage of not less than fifty(50)feet and a width of not less than fifty(50)feet at any point between the street and the existing home. Lot 2 contains 100 feet of frontage on Johnson Street. 3. There is not more than one other frontage exception lot contiguous to it. 4. The lot is located as not to block the possible future extension of a dead end street. 5. The creation of the proposed frontage exception lot will not adversely affect the neighborhood. The development of single-family homes on lots in excess of 25,000 s.f. is in keeping with the current zoning and respects the rural character of the existing neighborhood. 6. The granting of this special permit will not be detrimental to the Town as a restriction on Lot 2 shall prohibit further subdivision of the parcel. 7. The creation of the frontage exception lot is in harmony with the general purpose and intent of the bylaw. 8. There are no wetland resource areas located between the street and buildable portion of lot. 9. The issuance of this Special Permit is conditioned upon the approval of an Approval Not Required, Form A Plan for the creation of three(3)lots as shown on the Special Permit Plan, dated December 26, 2006 (Revised 3/5/07). Upon reaching the above findings,the Planning Board approves this Special Permit with the following conditions: Special Conditions: 1. This decision must be filed with the Essex North Registry of Deeds. Included aS a part this decision are the following plans: - Plans titled: Plan of Land Located in No. Andover,MA. -- Record Owner&Applicant 2 88 Johnson Street,Lot 2 Special Permit Approval—Frontage Exception Lot Robert E. Maurer Prepared For: Robert E. Maurer 88 Johnson Street North Andover, MA 01845 Prepared by: Christiansen& Sergi 160 Summer Street Haverhill, MA 01830 Scale: 111=409 Plan Date: December 26, 2006 (Revised 3/5/07) a. The Town Planner must approve any changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. Prior to Form U sign-off(the issuance of a Building Permit): 2. The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. The Plan must be recorded at the Registry of Deeds and proof of recording must be submitted to the Planning Department. a. The decision of the Planning Board must be recorded at the Essex North Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. b. The final drafted restriction must be submitted to the Town Planner for review.Upon review and approval by the Town Planner,the Restriction must be recorded at the Essex North Registry of Deeds and a copy of the recorded restriction must be submitted to the Town Planner. c. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 3. The applicant must post a security with the Planning Board in the amount of$5,000 to ensure that the obligations of Condition#4 noted below will be executed. 4. Prior to release of security: a. Lot 2 shall not be further subdivided. Certification of this must be provided to the Planning Department in the form of a restrictive covenant. The covenant shall be reviewed by the Town Planner, and if acceptable,then recorded at the Essex North Registry of Deeds. A copy of the recorded covenant must then be provided to the Planning Department. b. A covenant must be placed on all three(3)lots which stipulates the following: i. The runoff for the rooftops of all new buildings shall be completely infiltrated. p g P Y 3 88 Johnson Street,Lot 2 Special Permit Approval—Frontage Exception Lot ii All newly constructed residential homes must be oriented towards Johnson Street and should maintain the rural character and integrity of the existing neighborhoods. iii. All residential houses will be required to connect to municipal sewer. iv. The construction of a residential structure on Lot#1 shall be setback approximately 25 feet+/- from the horizontal plane of rear side of the existing home located on Lot #2. v. Existing stonewall is to be restored upon the completion of all newly constructed residential homes. 5. This permit 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. Therefore the permit will lapse on April 3, 2009. cc: Applicant Engineer File Conservation Commission Building Department Assessors Department rq .�� a ..� I s„-74 v 4 RECEIVED 1 Ef�,f;;fj i r iqY + 10r, CICZ FORM A 2007 MAR 29 N112: 46 APPLICATION FOR APPROVAL NOT REQUIRED DATE: March 28, 2007 # (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned,believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: Robert Maurer Address: 88 Johnson Street, North Andover, MA 01945 2.Location and Description of Property[include Assessor's Map andLot and ZoningDistrict(s)]: Map 97, Lot 2 88 Johnson Street Zoning ' District R3 3.Deed Reference: Book 1324 Page 240 or Certificate of Title: 4.Name of Surveyor: Christiansen & Sergi, Inc. Address: 160 Summer Street Haverhill, MA 01830 Signature of Owner(s): &du/t,C,� Address: 88 Johnson Street, North Andover, MA 01845 , s Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: X a) a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or A a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) a way shown on a pian of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: PECE:1VEQ /Dr 1 OFFICE NORTM APR I I AN 1!: 4 .r 41 6 NOR Town of Nadh Andover cwtnunifty Developatent and Services DbWon Office of the Planning Uepaitnknt Osgood Landing 1600 Osgood street Building#E20,suite 2.36 North Andover,Massachusetts 01845 April 6, 2007 Mr. Robert Maurer 88 Johnson Street North Andover,MA 01845 Reg: ANR for 88 Johnson Street,North Andover,MA 01845 Dear Mr. Maurer, As you are aware,the Planning Department received a Form A plan on March 29, 2007 proposing two lot line changes. The purpose of your request is to subdivide one existing lot located at 88 Johnson Street, Map 96, Parcel 61 containing 135,054 s.f into three proposed lots i.e.,Lot 1 to contain 30, 157 s.f., Lot 2 to contain 75,000 s.f. and Lot 3 to contain 29,897 s.f. The process will allow the separating of one lot into three lots as shown on the Plan of Land dated December 26, 2006 and revised on March 5, 2007, as drawn by Michael J. Sergi, #33191 of Christiansen& Sergi, 160 Summer Street,Haverhill,MA 01830. The plan has been reviewed and endorsed. Sincerely, Lincoln Daley, Town Pk a cc: Building Department Assessors Office Page 3 GEIVED FORMA APPLICATION FOR APPROVAL NOT REQUIRED2001 MAR 29 N1112: 46 DATE: March 28, 2007 NORTH (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form wrt6 the Planning Board.) To the Planning Board: The undersigned,believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: Robert Maurer Address: 88 Johnson Street North Andover MA 01845 2.Location and Description of Property linclude Assessor's Map andLot and ZoningDistrict(s)]: Map 97, Lot 2 88 Johnson Street Zoning District R3 3.Deed Reference: Book 1324 Page 240 or Certificate of Title: 4.Name of Surveyor: Christiansen & Sergi, Inc. Address: 160 Summer Street Haverhill, MA 01830 Signature of Owner(s): tnl%f.U•ss. _ Address: 88 Johnson Street, North Andover, MA 01845 Please indicate the grounds(either A,B,C or D,nota combination)on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: X a) a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) away shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: RECEIVE 2001 APR l I Ail I I: 46 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: R ; D O"#{ The North Andover Planning Board has determined that said plan does not require Val unrt '' Subdivision Control Law,and the appropriate endorsement has been made upon 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date:_A7 I/a�—_– i � NORT/ • Town of North Andover Office of the • ' ptaiunng Department Community ty Development and S r C►w,;, Osgood Landing 1600 Osgood Street BuilLincoln Daley North Andov�er,��,tts 01M01 Ai I 7 TOwn Planner P(978)688-9535 F(978)688-9542 M A 4 S ' Bldg. ZBA N_C OF DEC_, I$jQN Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineer Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Dater April 5,2007 Date of Ham: March 20&April 3,2007 Date of Decision: April 3, 2007 Petition oft Robert L Maurer 88 Jobnso®Streek Nortb Andover,MA 01845 Premises Affected: 8a Jobnsoe Sues,Map 97-Pam 2 Referring to the above petition with provision of M.G.L.,Chaps 40A, Section 11 & Section 7,2.2 of the Zoning Bylaw for a Fro ntap located within the P Zoning District, ° onepti pecial Pte. Property is At a public given on the above date and u and 2°�by P�a motion made by J Kuseh Johnson Street Bound v Approve a Frontage Ezception Satedpecial Per®it for 88 conditions: Um&WMOVdY IN favor based on the following Signed: %4:v4 Lincoln Daley, Town on behalf of the Palming Board Richard Nardek Chairman John Simmlms, Vice Chairman Alberto Angier Chair cc: file Jennifer Kusek HOARD OF APPEALS 688-9541 HURZINO 6UO545 CONsEjtVAn0 N 68=-9330 MALT rr 658.9340 PLANMNQ Egg gJ33 88 Johnson Street,Lot 2 �+ Special Permit Approval—Frontage Exception Lot The Planning Board makes the following findings regarding the application of Robert E.Maurer, 88 Johnson Street,North Andover,MA 01845,requesting a Special Permit under Section 7.2.2 of the North Andover Zoning Bylaw for the creation of Frontage Exception for Assessor's Map Map 97,Lot 2,located off Johnson Street. FINDINGS OF FACT: Lot 2 as shown on the Special Permit Plan,December 26,2006(Revised 3/5/07)conforms to all of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows. 1. The area of Lot 2 exceeds by three times the minimum area required for that Zoning District. fifty 2. The lot has a minimum continuous street frontage of not less than (50)feet and a width of not less than fifty(50)feet at any point between the street and the existing home. Lot 2 contains 100 feet of frontage on Johnson Street. 3. There is not more than one other frontage exception lot contiguous to it. 4. The lot is located as not to block the possible future extension of a dead end street. 5. The creation of the proposed frontage exception lot will not adversely affect the neighborhood The development of single-family homes on lots in excess of 25,000 st is in keeping with the current zoning and respects the rural character of the existing neighborhood. 6. The granting of this special permit will not be detrimental to the Town as a restriction on Lot 2 shall prohibit further subdivision of the parcel. 7. The creation of the frontage exception lot is in harmony with the general purpose and intent of the bylaw. 8. There are no wetland resource areas located between the street and buildable portion of lot. 9. The issuance of this Special Permit is conditioned upon the approval of an Approval Not Required,Form A Plan for the creation of three(3)lots as shown on the Special Permit Plan, dated December 26,2006(Revised 3/5/07). Upon reaching the above findings,the Planning Board approves this Special Permit with the following conditions: --i Special Conditions: -r a `' Grp A 1. This decision must be filed with the Essex North Registry of Deeds. Inc lu `dam?)pa pof this decision are the following plans: Plans titled: Plan of Land Located in No. Andover,MA. c _ o Record Owner&Applicant _` " ?' .j 2 88 Johnson Street,Lot 2 Special Permit Approval—Frontage Exception Lot Robert E. Maurer Prepared For: Robert E. Maurer 88 Johnson Street NorthAndPrepared by: Christiansen&' MA 01845 Serge 160 Summer Street Haverhill, MA 01830 Scale: 119=409 Plan Date: December 26,2006(Revised 3/5/07) a. The Town Planner must approve any changes made to these plans. An changes deemed substantial by the Town Planner will require a public hearing and a g modification by the Planning Board. Prior to Form U sign-off(the issuance of a Building permit): 2. The Planning Board must endorse the final site plan mylars and three(3 copies o Plans must be delivered to the Planning ) P f the signed Registry of Deeds and Department. The Plan must be recorded at the proof of recording must be submitted to the Planning Department. a. The decision of the Planning Board must be recorded at the Essex North Re of Deeds and a certified copy of the recorded decision must be submitted to the pl�annin Office. g b. The final drafted restriction must be submitted to the Town Planner for review. Upon review and approval by the Town Planner,the Restriction must be recorded at the Essex North Registry of Deeds and a copy of the recorded restriction must be submitted to the Town Planner. c. The provisions of this conditional approval shall apply to and be bindin upon th applicant, its employees and all successors and assigns in interest or ge control. 3. The applicant must post a security with the Planning Board in the amount of$5,000 to ensure that the obligations of Condition#4 noted below will be executed. 4. Prior to release of security: a. Lot 2 shall not be further subdivided. Certification of this must be provided to the Planning Department in the form of a restrictive covenant. The covenant shall reviewed by the Town Planner,and if acceptable, be then recorded at the Essex North Registry of Deeds. A copy of the recorded covenant must then be provided to the Planning Department. b. A covenant must be placed on all three(3)lots which stipulates the following: i. The runoff for the rooftops8 ofalln new buildings shall be completely infiltrated. 3 88 Johnson Street,Lot 2 Special Permit Approval—Frontage Exception Lot ii All newly constructed residential homes must be oriented towards Johnson Street and should maintain the rural character and integrity of the existing neighborhoods. iii. All residential houses will be required to connect to municipal sewer. iv. The construction of a residential structure on Lot#I shall be setback approximately 25 feet+/-from the horizontal plane of rear side of the existing home located on Lot #2. v. Existing stonewall is to be restored upon the completion of all newly constructed residential homes. 5. This permit 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. Therefore the permit will lapse on April 3,2009. cc: Applicant Engineer File Conservation Commission Building Department Assessors Department N � o'7 cA-4 r:71 n0 n < jr c's 4 CEIVED Town of North Andover Planning Board Application for Special Permit 2007 FEB -5 AN 1 : 0 Please type or print clearly. ro 1. Petitioner: Robert MaurerA"` a{ Petitioner's Address: 88 Johnson St. , North Andover, MA 01845 Telephone number: 978-683-4162 2. owners of the Land: same as applicant Address: Number of years of ownership: 30+ years 3. Year lot was created:.- prior to 1976 4. Description of Proposed Project: Subdivide existing + acre property into 3 lots, center .lot as a frontage exception lot. See attached report. 5. Description of Premises: 3+ acre parcel on Johnson Street, currently a single family rPSidencP. 6. Address of Property Being Affected 88 Johnson Street Zoning District: R3 Assessors: Map:_ 97 Lot# 2 Registry of Deeds: Book#.__132 G Page#: 210 7. Existing Lot: Lot Area(Sq.Ft) 135,054 Building Height 35 . 81 Street Frontage: 350' Side Setbacks: 110'± Front Setback: 69' Rear Setback: 134' Floor Area Ratio: N/A Lot Coverage: N/A 8. Proposed Lot(if applicable): Lot Area(Sq.Ft) 78,785 Building Height Street Frontage: 100' Side Setbacks: 21 ' Front Setback: 69, _ Rear Setback: 134, Floor Area Ratio: —4/4 Lot Lot Coverage: r7 - 9. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 25.00E— Building Height 35' max Street Frontage: Side Setbacks: 20' a Front Setback: 30' Rear Setback: 30' Floor Area Ratio: N/A Lot Coverage: N/A lh. Existing Building(if applicable): NOT APPLICABLE Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 11. Proposed Building: NOT APPLICABLE Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Has there been a previous application for a Special Permit from the Planning Board on these premises? no If so,when and for what type of construction? 13. Section of Zoning Bylaw that Special Permit Is Being Requested 7.2.2 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. 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 Planning Office 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 Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature:.. Print or type name here: R O 4-1,/ (55—r ��— Owner's Signature: :54Z ft-"C, Print or type name here: 15. Please list title of plans and documents you will be attaching to this application. Plan of Land for Robert E Maurer, by Christiansen & Sergi, Inc. Report entitled " Special Permit Plan for A Frontage Exception Lot" prepared for Robert Maurer, 88 Johnson Street, North Andover, MA Certified Abutter List Stamped envelopes and required stamps SPECIAL PERMIT PLAN For A FRONTAGE EXCEPTION LOT Prepared for ROBERT MAURER 88 JOHNSON-STREET NORTH ANDOVER MA DECEMBER 27,2006 The Maurer's own a parcel of land at 88 Johnson Street that consists of 135,054 square feet of land and contains a house and barn. It is listed in the assessor's office as being on Map 97 parcel 2. The land is in an R3 zoning district which requires lots to be a minimum of 25,000 square feet with 125 feet of frontage. It is proposed that the land be divided into 3 lots each containing more than the minimum 25,000 square feet. Lot 1 will contain 28,295 square feet,lot 2 will encompass 75,785 square feet and lot 3 will include 30,974 square feet of land. Lots 1 and 3 will have 125 feet of frontage as required by the zoning district. Lot 2 will have 100 feet of frontage and will conform to the requirements of zoning regulation 7.2.2 frontage exception. The frontage required for a frontage exception is 50 feet;Lot 2 has a proposed frontage of 100 feet. The area provided is 75,785 square feet which is more than three times the required lot area of 25,000 square feet. The frontage exception is proposed to be between the conventional lots and is not contiguous to any other frontage exception lots. The proposed lot division will not prevent the possible future extension of any dead streets. The Maurer property is an integral part of the fabric of Johnson Street and the proposed division of the land with the use of the frontage exception lot will allow it to remain so. It will allow the Maurer's to remain in North Andover and near their familyand will allow the house and original barn to remain in tact. An alternative to the proposal would be to construct a 220 foot long cul-de-sac along the easterly property line. This would provide frontage for a lot and two lots could be created with the existing frontage on Johnson Street. This could be done leaving the existing house and barn. If the barn and house were to be demolished four lots could be created with construction of a 300 foot long cul-de-sac in the middle of the lot. Both of the alternative proposals could be developed within the zoning and planning regulations of the Town of North Andover. The creation of this frontage exception lot is in harmony with the general purpose and intent of the bylaw and will not adversely affect the neighborhood. The use of Section 7.2.2 will provide for the most appropriate use of the land because it will allow for the welfare of the Maurer's without construction of a roadway and the creation of a new intersection on Johnson Street. The proposal will prevent the overcrowding of land because only three lots will be created on 135,054 square feet of land, providing and average lot size of 45,018 square feet in a zoning district that requires only 25,000 square feet per lot. The value of the land and buildings will be preserve with the proposed project. The proposed lots could be developed without the extension of the water sewer or drainage systems of the town and by not developing a new roadway the Town will not have to maintain it in the future. The reduced impervious area of the proposal compared to the alternatives with a road, lessens the potential of flooding which could be caused by failure of stormwater management systems required in a new roadway. By using the existing infrastructure the proposal assist in the economical provision of transportation, water, sewerage, schools, parks and other public facilities. The proposal is not adjacent to any water bodies or water courses and as such will have no affect upon them. The alternative proposals could have an affect on water bodies because the drainage system for a new road would have to discharge to an existing drainage system which eventually flows to a water course. The proposal will reserve the amenities of the Town of North Andover by preserving the house and original barn which are part of the fabric of the neighborhood of Johnson Street. FOR REGISTRY USE ONLY REFERENCE PLA NS ASSESSORS REFERENCE REFERENCE DEEDS �t POW R�' I. N.E.R.D. PLAN 6823 AMP 97 LOT 2 1.N.E.R.D.BK. P(s.240 2. N.E.R.D. PLAN 13687 3. N.E.R.D. PLAN 519 4. N.E.R.D. PLAN 6832 NO.ANDOVER 5. N.E.R.D. PLAN 3596 CENTER 6. 1962 ESSEX COUNTY LAYOUT OF SALEM STREET N�F sr LUIS & JANET DARROS HUB & TACK `bs BOOK 6965 PAGE 260 FOUND yN 0 LEAMNE DR. N/F MAP 97 LOT 99 GLEN & CATHERINE LOCUS JOHNSON , 8► $a E I CERTIFY THAT THIS PLAN CONFORMS BOOK 8182 PAGE 192 557 �,Q TO THE RULES AND REGULATIONS OF MAP 96 LOT 60 __224- - 15 '2� �tic� THE REGISTERS. LOCUS MAP SCALE: NTS , 224-- 352.28 _ "._. 12/26/06 _ _ _ _ /_. DA TE 548'33'35"�-""" _- oK 3 % N SPECIAL PERMIT 250.48' _ - 3p'SEtBA 2 / �ry FRONTAGE EXCEPTION - N ' �F 101.80 , MICHAEL & RITA i 30. SETBACK _ - l NORTH ANDOVER PLANNING BOARD AS THE _ — _ = / SPECIAL PERMIT GRANTING AUTHORITY :BOWER - 30' $EtBACK _ BOOK 5841 PAGE 17820 MAP 96 LOT 61 h r IRON PIPE - ) 0FZ FOUND � .-2.3_2.__ . . - 2 - ,-,_ 134 - S_6 �3;OS a 236 LOT _. -AREA=75,000 S.F. -. _ __- I 4^� DATE: 30 I - - APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED O-TtJ M.G.L.CHAPT.41 SEC.81 P - y Zb6, Ip TOWN OF NORTH ANDOVER It 2..: N40•52 24,"'W,-, ' ° 897 S.F. /l 10.5 .h ,AREA=29 N t 8. 1 q N F �, N , -- y:�4$ - _ I - -248r b N F Zr I _ CALABRESE FA MIL Y Z � I ; ' ( i 252-.. EXISTING 2 I / �' I /� �_ / ti TER & MARTHA v ?o.s' TRUST I a;f 3 _ f. 2501 " RODRIOUES BOOK 5445 PAGE 344N I L D mfit TO BE �, - BOOK 3273 PAGE 334 MAP 97 LOT 65 l N ,h I 88 --- — — — — RAZED / N j I JOH SON Sr. /?0,5'1 v�,.d'� ( . —MAP 97 LOT 3 DATE: AREA=30, 157 S. b I DWELLING 20.5' 20' WIDE I �. �N DRIVE EASEMENT; ., r_. PLAN OF LAND UTILITY EASEMENT ; \ \ I , 30' SETBACK W ��.\ \ 69' 14 I N / N0ry I�"�� 25. ' STONE BOUND _ I 1 L I 30' SETBACK f FOUND LOCATED IN 30' SETBACK p w " � � �� �� � I I o �I I I 60. NOANDOVERNA, "! 5a oa- .tib` 75.00' :� ; sI ► � , 2��s;�l ' �' I I° 2 %26 - �. \ 100.00 > _ ?� 1' 125.00' i RECORD OWNER & APPLICANT *-- N41 8 34 W 10.00 EAs. N4 f 05 24 W 300.00 \, IRON PIPE `.,JOHNSON PUBLIC-WIDTH VARIES ST. ; - - - -- - ROBERT E . MAURER FOUND — 1 O- -- _ _ ` SCALE:f"=40' DATE:12/26/06 ZONING DIS TRI C T R3 40 0 40 80 FT MINIMUM AREA=25,000 S.F. "`- MINIMUM FRONTAGE=125' 'M PROS ESS/ONAL ENGINEERS M1N/MUM FRONT SETBACK=30' Ea CHRI TIA NSEN ,SERGI LAND SURVEYORS MINIMUM SIDE SETBACK=20 160 SUMMER ST. HAVERH/LI MA. 01830 TEL. 978-373-0310 MINIMUM REAR SETBACK=30' `� '•A fESS���,�, ® 2006 BY CHR/STUNSEN & SERGI INC. sung DWG.NO.06070004 �. � a A FOR REGISTRY USE ONLY REFERENCE PLA NS ASSESSORS REFERENCE REFERENCE DEEDS �o z 1 pNu R°• N.E.R.D. PLAN 15689 MAP 97 LOT 2 N.E.R.D. BK. 1324 PG. 240 GRI► NO.ANDOVER SPECIAL FERMI T CENTER s N.E.R.D. BOOK 10738 PAGE 275 NIF LUIS & JANET SARROS HUB & TACK � sr o BOOK 6965 PAGE 260 FOUND yys LEANNE OR. NIF MAP 97 LOT 99 0y GLEN & CATHERINE ; JOHNSON ►is ,Q I CERTIFY THAT THIS PLAN CONFORMS LOCUS BOOK 8182 PAGE 192 557 S + �'^F,1,� TO THE RULES AND REGULATIONS OF 151. 0 2 tiTHE REGISTER OF DEEDS. F7 MAP 96 LOT 60 LOCUS MAP 07117107 SCALE: NTS 352.28 ^ DATE S48'33'3 ' 5"E-' ryti 244.00 . NIF1 o8.2s' MICHAEL & R/TA i i APPROVAL UNDER THE SUBDIVISION BOWERo I CONTROL LAW NOT REQUIRED c I o, M.G.L. CHAPT. 41 SEC. 81P BOOK 5841 PAGE 178 `► W I °' TOWN OF NORTH ANDOVER MAP 96 LOT 61.,. h IRON PIFOUNE m I � 5563 OS 169.33 LOT 1A oN, LOT 2A AREA = 75,000 S.F. AREA = 3D,137 S.F. I 1.721 ACRM* M 0.692 ACRESI I j TOTAL FRONTAGE = 100' o TOTAL FRONATGE = 125' I CBA = 100M v DATE: CBA = IOOX I I ,�� THE PLANNING BOARD'S ENDORSEMENT N.E.R.D. PLAN 15689 ��� OF THE PLAN AS NOT REQUIRING APPROVAL �,� I 1 ^ UNDER SUBDIVISION CONTROL LAW IS NOT � ' 6.72' 37.42' 20.5' h LOT 3 A DETERMINATION AS TO CONFORMANCE a N R - 20.25. I S69'41'15"W co WITH THE TOWN OF NORTH ANDOVER ZONING Nii �o NIF" BYLAW AND REGULATIONS. NIFPORCH �� O CALABRESE FAMILY N L - 13.46' ?, EBARNG �h. PETER & MARTHA TRUST R - 20.25' ?��. ��' , RODRIQUES BOOK 5445 PAGE 344 3 TO BE BOOK 3273 PAGE 334 LOT LINE MAP 97 LOT 65 o RAZED MAP 97 LOT o I JOHNSON ST. /�- - -� - 3 20.5'1 BE ^ EXISTING / DELETED ,� M ( DWELLING 0.2' PORCH I / I& _ 12.9r� ., 51 „W63.62oL R = 20.25 \ o? STONE BOUND LOT WIDTH = 103.9 LOT WIDTH = 138.6 1 FOUND P'.A N OF LA ND \--- LOT LINE co I: LOT WIDTH = 118.7' �— TO BE UTILITY EASEMENT \ DELETED I ' � TO BE LOCATED IN !. 50.00 75.00' _.mow I ' 1 ' REMOVED , ' NO. ANDOVER., MA* 100.00 125.00 i --- N41'18'34"W 10.00' EAS. ---N41'05'24"W 300.00' f - - - - - - - � - - -- - - - - --J RECORD OWNER & APPLICANT IRON PIPE JOHNSON PUBLIC"WIDTH VARIES ST, - ROBERT E . MAURER FOUND — — -- — .� — — _ 188 JOHNSON ST. NORTH ANDOVER, MA. ZONING D/STRICT R3 1� � ���No�Ma,��yG SCALE: 1 " = 40' DATE: 07/17/07 MICHAEL � , ' 40 0 40 80 FT MINIMUM AREA = 25,000 S.F. U �3 9 MINIMUM FRONTAGE = 125' p oFEss� MINIMUM FRONT SETBACK = 30' MINIMUM SIDE SETBACK = 20' d� CHR/ST/ANSEN f SERGI PROFESSIONAL OSURVEYORSEERS LAND MIN/MUM REAR SETBACK = 30' 160 SUMMER ST. HAVERHILL,MA. 01830 TEL. 978-373-0310 © 2007 BY CHRISTIANSEN & SERGI INC. DWG.NO.06070004 FOR REGISTRY USE ONLY N/F GLEN & CATHERINE g JOHNSON � y 0 BOOK 8182 PAGE 1927Dv j SMD RD* 74 N/F MAP 96 LOT 60 y GRCAT MICHAEL & R/TA � -1 BOWER NO.ANDOVER � BOOK 5841 PAGE 178 108. 28 CENTER MAP 96 LOT 61 y 41 i LEANNE DR. w 04 LOCUS L / CERTIFY THAT THIS PLAN CONFORMS TO THE IRON PIPE � RULES AND REGULATIONS OF THE REGISTER OF FOUND LOCUS M,AP DEEDS. SCALE: NTS I FURTHER CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIPS OR FOR NEW WAYS ARE SHOWN. fir, CHAPTER 41 SECTION 81X -LOT ] A J O 0 816/07 A REA = 50, 157 S. F. 0. 692 A CR ., ESf N/F CO ROBERT E. MA URER NTOTAL FRONA TGE = 125 BOOK 1324 PAGE 240 ZONING DISTRICT R3 0 CBA = 100/ MAP 97 LOT 2 o � MINIMUM AR I-25,000 S.F. �- MINIMUM FRONTAGE=125' Z MINIMUM FRONT SETBACK=30' MINIMUM SIDE SETBACK=20' MIN/MUM REAR SETBACK=30' �--- 24' --� 1 37. 4L RELIEF SOUGHTUzi S69041 " I REDUCTION IN SIDE LINE OFFSET TO 14 FEET [m) p ASSESSORS REFERENCE =n - J MAP 97 LOT 2- 1A � �0 GARAGE , G.F. 241.83 72' / "zD- 4.7 ZONING BOARD OF APPEALS PROPOSED HOUSE TOWN OF NORTH ANDOVER 325 F.F. 25 1.00 p O #$� B.F. 242.33 JOHNSOi Lr) EX/STI 50' 14.7' p D WEL L, A DATE: ' PORCf- N F ` p? S 13°54 '. -2 CALABRESE FA MIL Y TRUST BOOK 5445 PAGE 344 MAP 97 LOT 65 w J WETL4NOS 0. 0075. 00 BASBANEES ASSOCIATES HAS - - - DETANY�WETLANDSTONRSI EENT 8 '54 "W 10. 00 ' EAS. NOFJOHNSON S TREE T i q G EG IRON PIPE VA RIA NCE CH E v f �' FOUND PLA N OF LA ND ,, C L y a y ": 88 33191 O 9FGiSTEA� � °fESsioLOCATED /N �F`c�/CNAI ENS'\ 4 NORTH ANDD VER, MA. CHRIS TlA NSEN ;; OWNER & APPLICANT SCALE: 1"=20' DATE:8/15/2007 � SERGI PROLAND SURVEYORS ERS ROBERT EMA UR R . 20 0 20 40 FT ER 160 SUMMER ST. HAVERHILL,MA. 01830 TEL 978-373-0310 88 JOHNSON STREET NORTH ANDOVER MA © 2007 BY CHRISTIANSEN & SERGI INC.