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Miscellaneous - 90 PEMBROOK ROAD
Town of Nord Andover Town Clerk Time stamp of +y a Community Development and Services Division !3CEIVED Office of the Zoning Board of Appeals T Ka,F ;€ �0 - AC"uS 400 Osgood Street ss� Es North Andover,Massachusetts 01845 2605 OCT 25 PM F. Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 ��ryy )O I,, t1 i iA. r, f4' MASSAfiuf 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. Pro rt at: 90 Pembroke Road NAME: Village Realty Trust,Paul S.Hilaire, HEARING:. October 11,2005 Trustee, 51 Thistle Road,North Andover ADDRESS: 90 Pembroke Road PETITION: 2005-028 North Andover,MA 01845 TYPING DATE: August 19,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday,October 11,2005 at 7:30 PM upon the application of Village Realty Trust,Paul S.Hilaire,Trustee,51 Thistle Road,for premises at:90 Pembroke Road, North Andover requesting a Finding under Section 10,Paragraph 10.4 of the Zoning Bylaw by the petitioner,as an aggrieved person,in order to reinstate Building Permit No.263 (A&B)dated October 19, 2004. Said premises affected are property with frontage on the East side of Pembroke Road within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle- Tribune on September 26&October 3,2005. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R-Webster. The following non-voting members were present: Thomas D.Ippolito,Richard M.Vaillancourt,and Daniel S.Braese. Upon a motion by Albert P.Manzi,III and 2ud by Daniel S.Braese,the Board voted to uphold the Building Inspector's letter of July 19,2005 ordering an immediate stop to all construction activity under Building Permit#263 (A&B)in order to apply for a Special Permit under 4.122.14 and DENY the Finding of the party aggrieved. The Board finds that Town Meeting approved the amendment to 4.122.14(requiring a Special Permit in order to constrict a second family dwelling unit in R-4)on May 10,2004. The Board finds that Mass. Gen.L.ch.40A, §6,¶1..."a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun,or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-law ..."nullifies Building Permit 263 (A&B). The Board finds that Building Permit#263 (A&B)was issued on 10/19/04,thus requiring the Building Inspector to issue the letter. Voting for denial: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,Albert P.Manzi,III,and David R Webster. Town of North Andover Board of Appeals, n f' Ellen P.McIntyre,Chair Decision2005-028. M32P27. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 NORTH Town of North Andover Town Clerk Time Stamp Community Development and Services Division ti p o ,.;� Office of the Zoning Board of Appeals ECEIWEC 3'Ss;�„ugEtt' 400 Osgood Street TQC” ' RK'S OFFICE. North Andover,Massachusetts 01845 D. Robert Nicett.a Telephone (978)688-9541 2005 SEP 22 AM 9' 23 BuildiiTg Commissioner Fax (978)688-9542 - TOWN O NORTH A CCY;4 MASSACHUSiw` 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 Senior Center, 120R Main Street,North Andover, MA on Tuesday the 11th of October, 2005 at 7:30 PM to all parties interested in the appeal of Village Realty Trust,Paul S.Hilaire, Trustee, 51 Thistle Road, for prpmises at: 90 Pembroke Road,North Andover requesting a Finding under Section 10, Paragraph 10.4 of the Zoning Bylaw by the petitioner, as an aggrieved person, in order to reinstate Building Permit No. 263 (A&B)dated October 19, 2004. Said premises affected are property with frontage on the East side of Pembroke Road within the R-4 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 September 26& October 3, 2005. Legalnotice 2005-028. M32P27. III Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 pCRTM Town of North Andover Town Cie*rtmeStam a •` o� Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 e -�: >. . Any appeal shall be filed within Notice of Decision and Findings - Q (20)days after the date of filing Year 2005 •. -n of this notice in the office of the CD Town Clerk,per Mass.Gen.L.ch to 40A, 17 Property at: 90 Pembrook Road NAME: Village Realty Trust,Paul St.Hilaire, HEARING(S): December 13,2005 Trustee,51 Thistle Road ADDRESS: 90 Pembrook Road PETITION: 2005436 North Andover,MA 01845 TYPING DATE: December 27,2005 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,December 13,2005 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts upon the application of Village Realty Trust,Paul St,Hilaire,Trustee,51 Thistle Road,for premises at: 90 Pembrook Road,North Andover requesting a Special Permit from Section 4,Paragraphs 4.122.14.b,4.122.14.1,Section 10,Paragraph 10.3,&Table 1 of the Zoning Bylaw in order to construct a two-family unit on an existing,conforming lot. Said premise affected is property with frontage on the Fast side of Pembrock Road.(Map 32,Parcel 27)within the R-4 zoning district. Legal notices were sent to all names on the abutter's list deemed by the Assessor's Office of North Andover to be affected,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on November 21&28,2005. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III, and David R- Webster. The following non-voting members were present: Thomas D.Ippolito;Richard M Vaillancourt, and Daniel S.Braese. Upon a motion by Richard J.Byers and 2°d by David R.Webster,the Board voted to DENY the Special Permit from Section 4, Paragraphs 4.122.14.b, 4.122.14.1, Section 10, Paragraph 10.3, &Table 1 of the Zoning Bylaw in order to construct a two- family unit on an existing,miming lot. In making its decisiou,the Zoning Board has considered the following criteria of Section 4.1221: "1. Consistency with the North Andover Master Plan's section titled 'Rousing and Residential Development" ...."#2. Maintain the character of existing neighborhoods by preserving landscape features,development patterns,density and scale in new growth." .... 3. The degree to which the application addresses the following design standards: i.)Achieve compatibility with the established pattern of uses in the district.The Residential 4 District consists primarily of single- family dwellings near the Stevens Memorial Library Area and off of Massachusetts Avenue....New construction or substantial alteration of buildings must compliment and reinforce the design features of these neighborhoods. ii.)Achieve design compatibility with architectural features and exterior materials of surrounding structures." The Board finds that the proposed two-family dwelling,approximately 30'in height,is not consistent with the existing neighborhood of one-story ranch style single-family dwellings,averaging 17'in height,between Mifflin Drive and Greene Street on Pembrook Road. The Board finds that the applicant's proposal has not satisfied all the criteria of 4.122.1,Special Permit Granting Criteria for Two-Family Dwelling and One-Family to Two-Family or Multi Family Conversions. Voting in denial: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,and David R.Webster. Voting to continue: Joseph D.LaGrasse. Town of North Andover Board of Appeals, q ft, /f I// Ellen P.McIntyre,Chair Decision 2005-036. M32P27. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 97"88-9530 HeaM 97&688-9540 Planning 978-688-9535 " Town of North Andover To%aex Time stamp Community Development and Services Division ;Y Office of the Zoning Board of Appeals :., -CEIV D 400 Osgood Street ! li North Andover,Massachusetts 01445 2095 HOY 16R Gerald A.Brawn Telephone (978)688-9541 d� _ 56 Inspector of Buildings Fax (978)688-9542 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 Boor of Town Hall, 120 Main Street;North Andover, MA on Tuesday the 13th of December, 2005 at 7:30 PM to all parties interested in the appeal of Village Realty Trust,Paul Ste Mlaire, Trustee, 51 Thistle Road, for premises at: 90 Pearbroak Road,North Andover requesting a Special Permit from Section 4, Paragraphs 4.122.14.b,4.122.14.1, Section 10, Paragraph 10.3, & Table l of the Zoning Bvlaw in order to construct a two=family unit on an existing, conforming lot. Said premises affected is property with frontage on the East side of Fembrook Road within the R-4 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 430PM. By order of the Board of Appeals Ellen P. McIntyre,Chair Published in the Eagle-Tribune on November 21 & 28, 2005. I,egalnotice 2005-036. Mz 27 TOWN OF NORTH ANDOVER SPECIAL PERMIT,r,. w ZONING BOARD OF APPEALS NAME Village Realty Trust - Paul St Hilaire Trustee � OV 10 AN 11: 34 ADDRESS IF APPEAL 90 Perrbrook Road, North Andover, MA Tawe cleric TIM stamp Procedure & Requirements for an Application for a Special Permit Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(M 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. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cast of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7• DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NUMPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2• SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitiorier should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the abser"of - completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing,a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile vision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk STEPS: SUBMIT APPLICATION: STEP 10• RECORDING THE DECISbN AND PLANS._ Petitioner submits one(1)original and 10 Xerox copies The petitioner is responsible for recording certificattan of r of all the required information to the Town Clerk's Office plans at the to be certified by the Town Clerk with the time and date decision, Mylar, and any accompanying I of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., l a mmee MA, and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of E Appeals and the Building Department.. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 7 - fax for all Community Development offices T 9545 Building Department 978688-9501 Town Clerk's Office 88-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office �r NOV 1 0 2005 ) PAGE 1 of 4 BOAR®OF APPEALS PAGE 2 OF 4 Date 8 Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONfNG BOARD OF APPEALS 1. Petitioner. Name, address and telephone number. Village Realty Trust - Paul St. Hilaire, Trustee 51 Thistle Road, North Andover, MA 01845 (978) 258-9172 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Village Realty Trust - Paul St. Hilaire, Trustee 51 Thistle Road. -North Andover, MA 01845 Years Owned Land 1 year 3. Location of Property: a. Street: 90 Pembrook Road - Zoning District R-4 b. Assessors: Map number_j2,_Lot Number 27 c. Registry of Deeds: Book Number 9070 Page Number: 271 4. By-Law Sections under which ft petition for' the Special Permit is nude. Section 4.122'- Residence 4 District - Subsection 14b, 14c and 14.1, and Section 10.3 Special Permit and Table II 'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commasioner. S. Describe the Special Permit repast: Wlicant aeeks a Social Permit to constructa two-family residential house on an existing legally conforming lot in an R-4 zoning district. The dwelling i structure will be in conformity with all zoning dimensional recruirements. i i 'The above description shall be used fbr the purpose of the legal nothx and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT Y�.. {8'.r•�'V ..�a`if3W�m;� +i;".'w�rr'..,.. _ it!�+,`:� ... ... �.s� . s_w +� . .,}r, NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Bads` 13,654 Sq. Ft' Coverage Feet Spaces Front Side A Side B Rear r % 102 ft. 4 31" ft. 23 ft. 22 ft. at. f % f b. Proposed Lot (S): Foundation in place f Lot Area Open Space Percent Lot Frontage Parking * Minimum Ld set Back` Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear 13,654 — — % 102 ft. 4 31 £t. 23 ft. 22 ft. 43 ft. % C. Required Lot: (As required by Zoning%-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Bade" Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Row 12,530 — — % 100 ft. 4 30 ft. 15 ft. 15 ft. U ft. 7. a. Existing Buildings: None - foundation in place Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building• of Units f `Reference Use Code numbers and Uses from the Zoning By4 aw. Stake number of units in building. B. Proposed Buildings: + Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building• of Unita 1,080 2 1817 Residential two-family (per unit) 2 *Reference Use Code numbers and�from the Zoning Ordinance. State number of units in bulk ft S. Petitioner and Lmdomw WW""(a): Every application for a Special Perms shall be made on this form which is the offiaaf form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoni rd Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si nature Tvoe above name(s) here Paul--St. Hilaire, Trustee - Villacre Realty Trust PAGE 4 OF 4 . i.■ lk.■■. . 8. WRITTEN DOCUMENTATION Application for a Special Permit musAbe supported by a *10. B.*Plan SpecHkatlons: legibly written or typed memorandunnsetting forth in 1) Size of plan: Ten(10)paper copies of a plan not detail all fads relied upon. When requesting a Special to Axcsed 11"x17", preferred scale of 1"=40' Permit from the requirements of MG to ch.40A, and the In One(1)Mylar. North Andover Zoning By-lanes, all dinensional 1I1) Plan prepared by a Registered Professional requirements shall be clearly identiflisd and factually Engineer and/or Land Surveyor, with a block for supported. Each point,14 individually,is required five(5)ZBA signatures and date indicated on the to be addressed with this applicallbn. Mylar. *10 C. *Features To Be Instuded On Plan: 1.The particular use proposed for the land or structure. 1) Sib Orientation shall Include: 2.The specific site is an appropriates location for such 1. north point use, structure or condition. 2. zoning district(s) 3.There wilt be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities wil be provided 5. abutters of property, wHMn 300'radius for the proper operation of the proposed use. 6. locations of buildings on adyacent properties IL The use is in harmony with the pine and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, eassrnents. e.Specific reference and response 6 the criteria m Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the lith Removal 2. Existing features to be removed in dashed livres Special Permit has unique critetiaand submittal 3. Graphic Scales requirements.). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shad applicant, owner or reosrd, and designer or be accompanied by the following dexaibed plan. Plans surveyor. must be submitted with this application to the Town Cleric's Office and ZBA secretary at least thirty(30)days 10 D. Mir Projects VW to the public hearing before dw Zoning Board of Minor prorojecb,such as deck,shads,and guages, appeals shall require only the plan information as indicated with an. asterisks(*). In some cases further information may A ad of building elevation plans may be required be required when the application involves -so cons&uction/conversion/and/or i proposed change 11. APPLICATION FILN G FEES In use. A. Notification fees:Applicant shall provide a check or money order to: 'Town of North Andover- 10 A. Major Projects 4022-1760.4841'for the cost of first class,certified, Major projects are those which imrohre one of the return receipt(;4.42 as of November 2003)x d of all following whether existing or proposed: parties in interest identified in MGLA ch.40A 111 on the n five or more Parking spaces, abutter's list for the legal notice check. Also, the applicant shall supply first does postage stamps H)three(3)or more dwelling units, (Currently 37¢)x the#of parties of i on --- III)2000 square feet of building area. abtAWs list for the decision trailing. Mow Projects shall require that in audition to the above B. Mailing Waft Appikwnt deli provide four(4) features, ans must show detailed utilities, soils, and sets of mailing labels no larger then 1 x2-5/8 (3 copies PI for the Legal mailing and one copy for the Decision topographic information. mailing). C. Administrative fee of$60.00 per application. ►►►b. A Special Permit omm granted by tie Z13A wN lapse In 2(two)yesa N not exscieed and a new petition must be submitted. •t 4 7 i MEMORANDUM Applicant: Paul St.Hilaire,Trustee Village Realty Trust 51 Thistle Road North Andover, MA 01845 Purpose: Application for Special Permit from the North Andover Zoning Board of Appeals. Property: 90 Pembrook Road North Andover,MA 01845 The Applicant, Village Realty Trust, seeks a Special Permit from the Zoning Board of Appeals,pursuant to Section 4.122 of the North Andover Zoning By-laws, in order to construct a two-family residential house on an existing legally conforming lot in an R-4 zoning district. In support of its request, the Applicant states the following material information: On July 13, 2004, the Applicant submitted to the North Andover Building Department a building application, a Form U lot release form, a site plan, a growth management by-law exception statement, a debris disposal permit, and a copy of his Massachusetts Construction Supervisor License, for the purpose of obtaining a building permit for construction of a two- family residential dwelling at 90 Pembrook Road, North Andover, MA. Mr. Robert Nicetta, who was, at that time, the North Andover Building Commissioner and Zoning Officer, met with Mr. St. Hilaire on several occasions regarding the application and even made suggestions with regard to a redesign of the plan. Mr. Nicetta determined that, according to the procedure in place at the time of the filing of this application, a Building Permit could be issued to Mr. St. Hilaire, and that the 2004 Town Meeting change in the Zoning By-law which required a Special Permit from the Zoning Board of Appeals for two-family dwellings in a residential district did not apply to him. Two-family residential dwellings are an allowed use in an R-4 zoning district. Subsequently, on October 19, 2004, Mr. St. Hilaire was issued Building Permits, signed by Mr. Michael McGuire, Building Inspector,to construct a two-family residential dwelling(Permit No. 263 A&B). During October, 2004, the Applicant demolished the existing house on the lot and commenced with the construction of the new dwellings. Mr. St. Hilaire has poured the foundation for the new structure and was preparing to construct the dwellings when he received a letter from Mr. McGuire to immediately stop all construction activity at 90 Pembrook Road, stating that Mr. St. Hilaire has not complied with the requirements of Section 4.122.14, Paragraph b. The cease and desist order was delivered approximately nine months after the original Building Permits were issued. Mr. St. Hilaire relied in good faith on the information, advice and representation of the members of the building department, and proceeded to expend considerable sums of money to demolish the original structure and to construct the new dwellings. The Applicant requests that the Zoning Board of Appeals grant a Special Permit so that he can complete construction of the two-family dwelling at 90 Pembrook Road,North Andover, MA. The proposed structure is in conformity with all dimensional requirements of the zoning by-laws. Failure of the Zoning Board of Appeals to grant the relief sought will cause irreparable financial harm to the Applicant. Respectfully submitted, Village Realty Trust By its Attorney, Domenic J. calise, Esq. 89 Main Street North Andover, MA 01845 (978) 682-4153 I Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGt.40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 32 27 Paul St.Hilaire 90 Pembrook Road North Andover,MA 01845 Abutters Properties Man Parcel Name Address 21 25 Lena D'Agata 63 Mifflin Drive North Andover,MA 01845 21 26 Joseph Dangelo 71 Pembrook Road North Andover,MA 01845 21 27 George Nussbaum 55 Mifflin Drive North Andover,MA 01845 21 28 Ann Tremblay 76 Putnam Road North Andover,MA 01845 21 29 Eric Davidson 84 Putnam Road North Andover,MA 01845 21 30 John Bartlett 92 Putnam Road North Andover,MA 01845 21 31 Valteir Rosa 103 Putnam Road North Andover,MA 01845 21 32 Eric Dineen 85 Putnam Road North Andover,MA 01845 21 33 Richard Lee 75 Putnam Road North Andover,MA 01845 32 13 Reno Orlando 50 West Woodbridge Road North Andover,MA 01845 32 14 Diane Lafond 75 Greene Street North Andover,MA 01845 32 16 Stephen Beauchesne 51 West Woodbridge Road North Andover,MA 01845 32 17 Glenn Acciard 41 West Woodbridge Road North Andover,MA 01845 32 18 Peter Piantidosi 311 Dale Street North Andover,MA 01845 32 19 N.Lamontagne 34 Tyler Road North Andover,MA 01845 32 20 Donna Sullivan 5 West Woodbridge Road North Andover,MA 01845 32 21 Donna Sullivan 5 West Woodbridge Road North Andover,MA 01845 32 22 Anthony Moreschi 95 Greene Street North Andover,MA 01845 32 23 Ross Caswell 27 Tyler Road North Andover,MA 01845 32 24 Peter Dugan 19 Tyler Road North Andover,MA 01845 32 25 Michael Armano 24 Tyler Road North Andover,MA 01845 32 26 Natalie Ballard 4 Tyler Road North Andover,MA 01845 32 28 Paul St.Hilaire 80 Pembrook Road North Andover,MA 01845 32 30 Kathleen McGonigle 70 Pembrook Road North Andover,MA 01845 32 31 Robert Kingsley 75 Mifflin Drive North Andover,MA 01845 32 39 Joseph Kattar 42 West Woodbridge Road North Andover,MA 01845 32 40 Haraya Realty Trust 34 Woodbridge Road North Andover,MA 01845 32 41 Sandra Disalvo 18 West Woodbridge Road North Andover,MA 01845 33 1 Patricia Harrington 105 Greene Street North Andover,MA 01845 33 2 Ralph Crompton 113 Greene Street North Andover,MA 01845 33 3 Kevin Meeker 123 Greene Street North Andover,MA 01845 33 4 Sharon Tuttle 133 Greene Street North Andover,MA 01845 33 5 Michael Beresford 139 Greene Street North Andover,MA 01845 33 6 Nancy Norton 110 Pembrook Road North Andover,MA 01845 33 7 Janet Eichler 11 Tyler Road North Andover,MA 01845 33 8 Janet Pickles 63 Pleasant Street North Andover,MA 01845 33 9 Louise Conti 111 Pembrook Road North Andover,MA 01845 33 10 Ian Elliot 237 N.Main Street#4 North Andover,MA 01845 45.A 29 A.E.Ratcliffe Trustee 90 Putnam Road North Andover,MA 01845 45.A 30 Bernard Silva Jr 106 Putnam Road North Andover,MA 01845 45.A 32 Kevin O'Brien Trustee 180 Gray Street North Andover,MA 01845 This certifies that the names appearing on the Page 1 of 1 records of the As essors Office as of Certified .Date211 - fasp CERTIFIED PLOT PLAN LOCATED IN NORTH ANDOVER,MASS. SCALE.•9"=40' DATE.•7/6/2005 Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L,S. 50 Deer Meadow Road (. North Andover, Mass. LOT 81S SHOWN ON ANN ASSESSORS MAP32 AS LOT 27. LOT 9'A' 124. LOT 8 93,654 S.F. ..� PLAN 9780 MER.D. rn w , 23 p01 2�p0 1.o 0 3.Q0 N o� 0 Ocq 1100 $ �FNq•SE o '�4,✓ 3.00. 11 00 0_ o- a O O r tod o $ 4.0 by 23.00' q N 129.55 O LOT 7 I CERTIFY THAT THE OFFSETS OFFSETS SHOWN ARE FOR THE USE 1 SHOWN COMPLY OF THE BUILDING INSPECTOR ONLY ��RtjH WITH THE ZONING AND SUCH USE IS FOR THE i DETERMINATION OF ZONING L S BYLAWS OF ° 73972 : NORTH ANDOVER CONFORMITY OR NON-CONFORMITY �F o WHEN BUILT WHEN CONSTRUCTED. + ��°��e� LAS TOWN OF NORTH ANDOVER µOBTN Office of the Building Department Community Development and Services ° n 400 Osgood Street IL y c * North Andover,Massachusetts 01845 " °+ • ^r �.� °��n°►.ff+(aJ ssw[►iLLSEt Telephone(978)688-9545 FAX(978)688-9542 July 19, 2005 Mr. Paul St. Hilaire 51 Thistle Road North Andover, MA 01845 Re: 90 Pembrook Road Dear Mr. St. Hilaire: Please be advised that you are hereby ordered to immediately stop all construction activity at 90 Pembrook Road under building permit#263 (A&B)dated September 19, 2004. The reason for this order is that, pursuant to Town of North Andover Zoning Bylaws, Section 4.122.14 Residence 4 District (Permitted Uses), Paragraph b: "Two family dwellings, by special permit from the Zoning Board of Appeals in accordance with section 10.3 and 4.122.14.1 of this Bylaw", construction may not proceed without a Special Permit from the Zoning Board of Appeals. Please contact this department for further information and for an application for a Special Permit. Pursuant to Section 10.1 of the Town of North Andover Zoning Bylaws, if work is not stopped in accordance with this Order,further proceedings may be instituted and you may be subject to a fine as provided in Section 10.13 of the Bylaw. Respectfully, 1azw Michael McGuire Local Building Inspector cc: Ray Santilli,Assistant Town Manager/Acting Community Development Director Ellen McIntyre, Chair, Zoning Board of Appeals File MASSACHUSETTS QUITCLAIM DEED I, John J. Willis, Jr. , First Successor Trustee of Mylott Realty Trust, under a Declaration of Trust dated June 23, 2000, and recorded with Essex North District Registry of Deeds in Book 5786 Page 35, of North Andover, Essex County, Massachusetts in consideration of Three Hundred Thousand and 00/100 ($300,000.00) Dollars grant to Paul J. St. Hilaire, Trustee of Village Realty Trust, u/d/t dated January 31, 1984 and recorded with Essex North District Registry of Deeds in Book 1773 Page 194, having its principal place of business at 51 Thistle Road, North Andover, MA 01845 with quitclaim covenants PROPERTY ADDRESS: 90 Pembrook Road, North Andover, MA 01845 r1 r:^ (description and encumbrances, if any) r A certain parcel of land, with the buildings thereon, situateik-, w North Andover, Essex County, Massachusetts, on the northeasterly sire of Pembrook Road, being shown as Lot numbered eight (8) , Block C o1j"2 ' w� ,plan of land entitled: "Plan and Profiles of a portion of Miff lin Park, North Andover, Mass. , Charles E. Cyr, C. E. , October 1946," H -- recorded with North Essex Registry of Deeds as Plan No. 1780, said Cc/') Q premises being bounded and described as follows: Westerly by the curved line of Pembrook Road, one hundred two (102) feet; Northerly by Lot numbered nine (9) , as shown on said plan, one hundred twenty-four and 88/100 (124.88) feet; 0_ to Easterly by Lot numbered six (6) , as shown on said plan, one w hundred five and 73/100 (105.73) feet; and ' Southerly by Lot numbered seven (7) , as shown on said plan, one hundred fifty-one and 68/100 (151.68) feet. said premises are also conveyed subject to and together with the benefits of the restrictions as set forth in a deed from Michele Alfio Cristaldi et al to Lee Balletta, dated October 17, 1944, recorded in said Registry of Deeds, Book 668, Page 75. 7 There is granted herewith also in Pembrook Road, as shown on said plan, a right of way in common with others for all purposes of away, and a further right of usage in the grantees to a septic tank on Lot No. nine (9) , Block C until such time as public sewerage is installed. Being the same premises conveyed to said Trust by deed of Sally Mylott dated June 23, 2000, and recorded with Essex North District Registry of Deeds in Book 5786 Page 41. The Trustee herein, hereby certifies that he is the only Trustee of said Trust, that said Trust is still in full force and effect, that said Trust has not been altered, amended or revoked, and that this conveyance has been authorized by 100% of the beneficiaries of said Trust. 2004. Executed as a sealed instrument this 23rd day of September, 7k Mylott Realty Trust !10 C! J By: Jo J. W' lis, Jr. , T ustee 1-7 COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this 23rd day of September, 2004, before me the undersigned notary public, personally appeared John J. Willis, Jr. , Trustee, as aforesaid, proved through satisfactory evidence of identification which was, MA Driver's License, to be the person whose name above on this document, and acknowledged to me that he sign voluntarily for its state rpo } / A i.2o, •_ o Philip Sullivan, Notary Pub1 c My commission expires: Oct. 1, 10 ••..4t, 0w..� ,IINIII tigtU� CHAPTER 183 SEC. 6 AS AMEUDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. 4 j,�013TH own ofR over # o. A U- � �. � -_ �- -�- -- __ � �� ' *//,0� f A E over, Mass., 11�A COCHICHEWICK o�ATED BOARD OF HEALTH PERMIT T Food/Kitchen Septic System BUILDING INSPECTOR � THIS CERTIFIES THAT......44'01....... ...... Aq. ............... ...................................... Foundation.. ` ° has permission to ere ............... buildings on ... ...... . .. . ..... . �.. �. `.. Rough t0 be occupied as ' °� `� y� �i�'�,�• Chimney p .... ................... ........... .................�........ ..... ......................... provided that the person accepting this permit shall in every respell conform to the terms of the application on file in Final this office, and to the provisions of the Codes and Ry-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. 4, PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final U-NLESS CONSTRUC TA Ts ELECTRICAL INSPECTOR • � • Rough :................... ....................................... Service BUILDING INSPECTOR Final Occupancy .Permit Required to Czu Building GAS INSPECTOR Rough Display In a Gwspicuous Place on the 'rem sas o Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE l Smoke Det. Tovm Andover A No. c� 4v 3 _ _ sC OC NICN E ICtC d® " er, Mass., d� c0c., /to/`/.0Y : , Raw G BOARD OF HEALTH P T Food/Kitchen ERMI Septic System BUILDING INSPECTOR THIST i� "i CERTIFIES THAT ............ ................................................................ Foundation 40 ....... S, 4,40 ........................ . ...... . ... ...................0.............. Jp I....� ! Rou...... gh permission to erect.......... buildings on ... # 0 ! to he occupied as ..... �...• ,... IAA 0... ��ll!r �/� Chimney .. .. . C e Provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Lavas rola ' g #o # e inspection, Alteration and Construction of Buildings in the Town of North Andover, PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMT ES 6 MONTHS � I—TNT ESS C®NS U qT .� ELECTRICAL INSPECTOR s Rough Service BUILDING INSPECTOR Final Occupancy Permit Required to Ocac Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall "I'D, Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector, Burner Street No, LSEEE R EVE R c E S 1 D E Smoke Det. rL - - -�-- -- - d'i:� 0 q j Iii � lL Lr Ll I Liu 0 i q m i rq n { G.J.BRUNO ASSOCIATES RESIDENTIAL DESIGNERS 4621'l 28 BERKELEY ROAD N.ANDOVER MA 01845 OHIIWMG NO. I PLAN OF LAND IN NORTH ANDOVER, MASS. OWNED BY VILLAGE REALTY TRUST SCALE: 1"=40' DATE.-8/18/2005 11/3/7005 0' 40' 80' 120' Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L.S. 50 Deer Meadow Road North Andover, Mass, NOTE: SEE PLAN#1780 N.E.R.D. THE ZONING DISTRICT IS R-4. SUBJECT PROPERTY IS SHOWN ON ASSESSORS MAP 32 AS LOT 27. MAP 32 LOT18 PIANTIDOSI MAP 32 LOT28 SPI NELLI �r ��Q S 70°38 13L�4 S coN PLAN 1780 MER.D. 0 MAP 32 o� w 24 0 Cil LOT25 p` 23.00 .00 43� 71 8 ARMANO cn 1.00 03 3.00' o 0 0 IST �sE N 0 0 r 1100 0 NO, .O .� O 1140 0, 3 $ O O o ? 24.00 O 1.00 Ln to C � 3�C, 230 r J 129,55 W �F11 Si 73 16'45 0 LOT#7 O�. PLAN#9780 N.E.R.D. 2O r `' MAP 32 LOT26 BALLARD THIS 1S TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN THE PROPERTY LINES SHOWN ARE THE NORTH ANDO VER LINES DIVIDING EXISTING THE LINES OF S REE S ANWs SHOW BOARD OF APPEALS ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. a G�' G1 m 3972 act f�/S7ERDATE OF FILING DATE OF HEARING• DATE OF APPROVAL: 0 0CIXv12 NORTh TOWN OF NORTH ANDOVER FINDING �r°°i`�E�'��h°°f- ZONING BOARD OF APPEALS Mi h� _ E t � E' r G is � , <....<,�. •> ` ss+cause NAME: Village Realty Trust - Paul St. Hilaire=r Trustee 2005 AUG 18 PH 3: 22 ADDRESS OF APPEAL: 90 Peubrook. Road Procedure & Requirements NORTH Ala R for an Application for a Finding MASSACHUSE Ten (10)copies of the following information must be submitted thirty U days prior to the first public hearing. STEP 6: SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE. time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters)and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the mice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: FINDING APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a finding. All information as rented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the information it has otherwise receive. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: After the hearing, a co of the Board's decision will b,e cited in section 10, page 4 of this form. . PY , sent to all parties in interest. Any appeal of the Board s STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17, within twenty(20)days certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Step 10• RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and 10 Xerox copies petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town GerWsLawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev& Services 27 Charles Street North Andover , MA 01845 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office i PAGE 1 of 4 P l'' I G 1 2005 P_EA s Page 2 of 4 Date&Time Stamp Application for a FINDING 9 NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Village Realty Trust - Paul St. Hilaire, Trustee 51 T�hist�l�:(e���Road, North Andover, MA�01r845 ( 978) 258-9173 *The peftner ha(�be 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Village Realty Trust, Paul St. Hilaire, Trustee 51 ThistIt Rd. , North Andover, MA 01845 1 year Years Owned Land: 3. Location of Property: a. Street: 90 Pembrook Rd. Zoning District R-4 b. Assessors: Map nt rrlber 3 2 Lot Number: 2 7 c. Registry of Deeds: Book Number 9070 Page Number. 271 4. Zoning Sections wvder which the petition for the Finding is made, See letter from-.Michael McGuire, North Andover Building Inspector, dated July 19, 2005, and incorporated herein,o q:ud J0.� *Ito _r 'Refer to the Perms Denial and Zan rV By-t.aw Plan Review as suppled by the Building Commissbnm 15. Describe the Finding request: Applicant sPPks to r instal Rudd n_q permit No 263 (A&B) dated October 19, 2004, issued to Paul St. Hilaire for construction of a duplex residential dwelling at 90 Pembrook Road. *The above descrfptbn shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant tothe ing ZonBoard Rules and Regulations as died on page 4 of this application.Failure by the applicant to clearly describe the request may resole in a dedslon that does not address the Intent of the applicant. The decision wile be t nAed to the request by the applicant and wile not involve additional henna not included above. 6a, Difference from Zoning By4 AW requirements: indicate the dimensions that will not meet current Zoning By-Law Requirements_ (A and B are in the case of a int split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. coverage Feet Spaces Front Side A Side B Rear A. -- -- -- % -- -- -- -- -- NONE B. % I Page 3 of 4 Application fora FINDING NQRTH ANDOVER ZONING BOARD OF APPEALS y ¢�_. _ 6. b. Existing Lot; Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3, 654 --- -- % 102ft 4 31ft 23 ' 22 ' 43 ' C. Proposgd Lot(S): foundation in place Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq. Ft_ Coverage Feet Spaces Front Side A Side B Rear 13, 654 --- --- % 102ft 4 31ft 23 ' 22 ' 2A3 ' % F d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Bade" Sq. Ft. Sq. Ft_ Coverage Feet Spaces Front Side A Side B Rear 12, 500 --- --- % 100 ,.. 4 30 15 ' 15 ' 0' 7. a. Existing Buildings: None; foundation in place Ground Floor Number of Total Use of Square feet Floors Sq.feet Building t `Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` 1.080 2 1,817 R s'dential m=lex (ner unit) 'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Towyn Clerk's Office. tt shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result i"dismissal by the Zoning Board of this application as incomplete. Signature Type above name (S) here Paul St. Hilaire Trustee of Nji 11 aqc�RPaI PAGE 4 of 4 FINDING 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a finding from the *10 C. Features To Be Included On Plan: requirements of MGLA ch. 40A, and the North Andover 1) Site Orientation shall include: Zoning By-laws, all dimensional requirements shall be 1. north point clearly identified and factually supported. Each point, 2. zoning district(s) A-C individually,is required to be addressed vrith 3. names of streets this application. 4. wetlands(if applicable) 5. abutters of property, within 300'radius A. The particular use proposed for the land or 6. locations of buildings on adjacent properties structure. within 50'from applicants proposed structure B. Fact(s) relied upon to support a Finding that the 7. deed restrictions, easements. proposed extension or alteration shad not be more In Legend &Graphic Aids: substantially detrimental than the existing non- 1. Proposed features in solid lines&outlined in red conforming use. 2. Existing features to be removed in dashed lines C. Address all appropriate details of the Building 3. Graphic Scales Commissioner's denial. 4• Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record' and designer or surveyor. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town 10 D. Minor Projects Clerk's Office and ZBA secretary at thirty(30)days Minor projects,such as decks,sheds,and garages, rm prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals an. asterisks(«). In some cases further information may be required A set of building elevation plans by a Registered Architect may be required when the application involves 11.APPLICATION FLING FEES new construction/conversion/andlor a proposed change in ifse. A Notification fees: Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841"for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGI.A ch. 40A§11 on the I)five or more parking spaces, abutter's list for the legal notice check. Also, the II)three(3)or more dwelling units, applicant shall supply first class postage stamps (currently 37¢)x the#of parties of interest on the III)2000 square feet of building area. abutter's list for the decision mailing. Major Projects shall require that in addition to the 10B & C features, plans must show detailed utilities, soils, and B. Mailing labels: Applicant shall provide four(4) topographic information. sets of mailing labels no larger than 1"x2-5/8"(3 copies for the Legal mailing and one copy for the Decision mailing). *10. B. *Plan Specifications: C. Administrative fee of$50.00 per application. I) Size of plan: Ten (10)paper copies of a plan not to exceed 11"x17", preferred scale of 1 11=40' II)One(1)Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five(5)ZBA signatures and date indicated on the Mylar. i r MEMORANDUM APPLICANT: Paul St. Hillaire,Trustee Village Realty Trust 51 Thistle Road North Andover, MA 01845 PURPOSE: Application for Finding from the North Andover Zoning Board of Appeals PROPERTY: 90 Pembrook Road North Andover, MA 01845 The Applicant seeks a finding from the North Andover Zoning Board of Appeals to reinstate a Building Permit issued to the Applicant on October 19, 2004 for construction of a two-family residential dwelling at 90 Pembrook Road, North Andover, MA. On July 13, 2004, the Applicant submitted to the North Andover Building Department a building application, a Form U lot release form, a site plan, a growth management by-law exception statement, a debris disposal permit, and a copy of his Massachusetts Construction Supervisor License, for the purpose of obtaining a building permit for construction of a two-family residential dwelling at 90 Pembrook Road,North Andover, MA. Mr. Robert Nicetta, who was, at that time, the North Andover Building Commissioner and Zoning Officer, met with Mr. St. Hilaire on several occasions regarding the application and even made suggestions with regard to a redesign of the plan. Mr. Nicetta determined that, according to the procedure in place at the time of the filing of this application, a Building Permit could be issued to Mr. St. Hilaire, and that the 2004 Town Meeting change in the Zoning By-law which required a special permit from the Zoning Board of Appeals for two-family dwellings in a residential district did not apply to him. Two-family residential dwellings are an allowed use in an R-4 zoning district. Subsequently, on October 19, 2004, Mr. St. Hilaire was issued Building Permits, signed by Mr. Michael McGuire, Building Inspector, to construct a two-family residential dwelling (Permit No. 263 A& B). During October, 2004,the Applicant demolished the existing house on the lot and commenced with the construction of the new dwellings. Mr. St. Hilaire has poured the foundation for the new structure and was preparing to contruct the dwellings when he received a letter from Mr. Michael McGuire,Building Inspector,to immediately stop all construction activity at 90 Pembrook Road, stating that Mr. St. Hilaire has not complied with the requirements of Section 4.122.14, Paragraph b. The cease and desist order was delivered approximately nine months after the original Building Permits were issued. Mr. St. Hilaire relied in good faith on the information, advice and representation of the members of the building department, and proceeded to expend considerable sums of money to demolish the original structure and to construct the new dwellings. The Applicant requests that the Zoning Board of Appeals rescind/revoke the decision of the Building Inspector, in his letter dated July 19, 2005, and reinstate the Applicant's Building Permits (No. 263 A&B)dated October 19, 2004, in order that he may continue with the construction of the dwellings at 90 Pembrook Road,North Andover, MA. Failure of the Zoning Board of Appeals to grant the relief sought will cause irreparable financial harm to the Applicant. Respectfully submitted, 4' Paul t. Hilaire, Trustee Village Realty Trust 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 opposileon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 32 27 Paul St.Hilaire 90 Pembrook Road North Andover,MA 01845 Abutters Properties Map Parcel Name Address 21 25 Lena D'Agata 63 Mifflin Drive North Andover,MA 01845 21 26 Joseph Dangelo 71 Pembrook Road North Andover,MA 01845 21 27 George Nussbaum 55 Mifflin Drive North Andover,MA 01845 21 28 Ann Tremblay 76 Putnam Road North Andover,MA 01845 21 29 Eric Davidson 84 Putnam Road North Andover,MA 01845 21 30 John Bartletf 92 Putnam Road North Andover,MA 01845 21 31 Valteir Rosa 103 Putnam Road North Andover,MA 01845 21 32 Edwin Miller 85 Putnam Road North Andover,MA 01845 21 33 Richard Lee 7,5 Putnam Road North Andover,MA 01845 32 13 Reno Orlando 50 West Woodbridge Road North Andover,MA 01845 32 14 Diane Lafond 7-5 Greene Street North Andover,MA 01845 32 16 Stephen Beauchesne 51 West Woodbridge Road North Andover,MA 01845 32 17 Glenn Acciard 4T West Woodbridge Road North Andover,MA 01845 32 18 Peter Piantidosi 311 Dale Street North Andover,MA 01845 32 19 N.L.&A.J.Lamontagne 34 Tyler Road North Andover,MA 01845 32 20 Donna Sullivan 5 Woodbridge Road North Andover,MA 01845 32 21 Donna Sullivan 5 West Woodbridge Road North Andover,MA 01845 32 22 Anthony Moreschi '95 Greene Street North Andover,MA 01845 32 23 Ross Caswell 27 Tyler Road North Andover,MA 01845 32 24 Peter Dugan 19 Tyler Road North Andover,MA 01845 32 25 Michael Armano' 24 Tyler Road North Andover,MA 01845 32 26 Natalie Ballard 4 Tyler Road North Andover,MA 01845 32 28 Richard Spinelli 80 Pembrook Road North Andover,MA 01845 32 30 Kathleen McGonigle 70 Pembrook Road North Andover,MA 01845 32 31 Robert Kingsley 75 Mifflin Drive North Andover,MA 01845 32 39 Joseph Kattar 42 West Woodbridge Road North Andover,MA 01845 32 40 Haraya Realty Trust 34 Woodbridge Road North Andover,MA 01845 32 41 Sandra Disalvo 18 West Woodbridge Road North Andover,MA 01845 33 1 Patricia Harrington 105 Greene Street North Andover,MA 01845 33 2 Ralph Crompton 113 Greene Street North Andover,MA 01845 33 3 Joseph Ramos, 123 Greene Street North Andover,MA 01845 33 4 Sharon Tutie 133 Greene Street North Andover,MA 01845 33 5 Michael Beresford 139 Greene Street North Andover,MA 01845 33 6 Nancy Norton 110 Pembrook Road North Andover,MA 01845 33 7 Janet Eichlar 11 Tyler Road North Andover,MA 01845 33 8 Janet Pickles 63 Pleasant Street North Andover,MA 01845 33 9 Louise Coniti 111 Pembrook Road North Andover,MA 01845 33 10 Ian Elliot 237 N.Main Street#4 Andover,MA 01810 45.A 29 A.E.&S.R.Ratcliffe Trustees 90 Putnam Road North Andover,MA 01845 45.A 30 Bernard Silva 106 Putnam Road North Andover,MA 01845 45.A 32 Kevin O'Brien Trustee 180 Grav Street North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of //,,/?-,,s— Certifi d b Date S / o f TOWN OF NORTH ANDOVER o� µo oT b qti Office of the Building Department Community Development and Services 400 Osgood Street North Andover,Massachusetts 01845 1ssACNUSEt Telephone(978)688-9545 FAX(978)688-9542 July 19, 2005 Mr. Paul St. Hilaire 51 Thistle Road North Andover, MA 01845 Re: 90 Pembrook Road Dear Mr. St. Hilaire: Please be advised that you are hereby ordered to immediately stop all construction activity at 90 Pembrook Road under building permit#263 (A&B) dated September 19, 2004. The reason for this order is that, pursuant to Town of North Andover Zoning Bylaws, Section 4.122.14 Residence 4 District (Permitted Uses), Paragraph b: "Two family dwellings,by special permit from the Zoning Board of Appeals in accordance with section 10.3 and 4.122.14.1 of this Bylaw", construction may not proceed without a Special Permit from the Zoning Board of Appeals. Please contact this department for further information and for an application for a Special Permit. Pursuant to Section 10.1 of the Town of North Andover Zoning Bylaws, if work is not stopped in accordance with4his Order, further proceedings may be instituted and you may be subject to a fine as provided in Section 10.13 of the Bylaw. Respectfully, Michael McGuire Local Building Inspector cc: Ray Santilli,Assistant Town Manager/Acting Community Development Director Ellen McIntyre, Chair,Zoning Board of Appeals File i 1 r MASSACHUSETTS QUITCLAIM DEED I, John J. Willis, Jr. , First Successor Trustee of Mylott Realty Trust, under a Declaration of Trust dated June 23, 2000, and recorded with Essex North District Registry of Deeds in Book 5786 Page 35, of North Andover, Essex County, Massachusetts in consideration of Three Hundred Thousand and 00/100 ($300,000.00) Dollars grant to Paul J. St. Hilaire, Trustee of Village Realty Trust, u/d/t dated January 31, 1984 and recorded with Essex North District Registry of Deeds in Book 1773 Page 194, having its principal place of business at 51 Thistle Road, North Andover, MA 01845 with quitclaim covenants PROPERTY ADDRESS: 90 Pembrook Road, North Andover, MA 01845 r: [description and encumbrances, if any] ' A certain parcel of land, with the buildings thereon, situate -In w North Andover, Essex County, Massachusetts, on the northeasterly s04t of Pembrook Road, being shown as Lot numbered eight (8) , Block C orx�':a plan of land entitled: 'Plan and Profiles of a (73 portion of Mifflin _4r-, W Park, North Andover, Mass. , Charles E. Cyr, C. E. , October 1946," � -- recorded with North Essex Registry of Deeds as Plan No. 1780, said W Q premises being bounded and described as follows: Westerly by the curved line of Pembrook Road, one hundred two (102) feet; Northerly by Lot numbered nine (9) , as shown on said plan, one hundred twenty-four and 88/100 (124.88) feet; Cr Easterly by Lot numbered six (6) , as shown on said plan, one w hundred five and 73/100 (105.73) feet; and Southerly by Lot numbered seven (7) , as shown on said plan, one hundred fifty-one and 68/100 (151.68) feet. Said premises are also conveyed subject to and together with the benefits of the restrictions as set forth in a deed from Michele Alfio Cristaldi et al to Lee Balletta, dated October 17, 1944, recorded in said Registry of Deeds, Book 668, Page 75 90- There _ c..There is granted herewith also in Pembrook Road, as shown on said plan, a right of way in common with others for all purposes of a way, and a further right of usage in the grantees to a septic tank on Lot No. nine (9) , Block C until such time as public sewerage is installed. Being the same premises conveyed to said Trust by deed of Sally Mylott dated June 23, 2000, and recorded with Essex North District Registry of Deeds in Book 5786 Page 41. The Trustee herein, hereby certifies that he is the only Trustee of said Trust, that said Trust is still in full force and effect, that said Trust has not been altered, amended or revoked, and that this conveyance has been authorized by loot of the beneficiaries of said Trust. 2004. Executed as a sealed instrument this 23rd day of September, Mylott Realty Trust il; By: Jo J. W' lis, Jr- , Tustee b.. C.; COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this 23rd day of September, 2004, before me the undersigned notary public, personally appeared John J. Willis, Jr. , Trustee, as aforesaid, proved through satisfactory evidence of identification ��.�.. which was, MA Drivers License, to be the person whose dame i �©� '••,,,, above on this document, and acknowledged to me that he sign ...... 4q s fA• voluntarily for its state Gp �, kN paj F � 's Phrpoilip Sullivan, Notary Publ c � My commission expires: Oct. 1, 10'x., CHAPTER 183 SEC. 6 A3 AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section, W r ;�ORT� <. 0 T f over Y No. � - 2" � 0 dover, Mass. Ah qp'.'elo V 31 0 � QC NICHE WICK V BOARD OF HEALTH PERPAIT T D Food/Kitchen Septic System THIS CERTIFIES THAT.......IJA It o4 jP� BUILDING INSPECTOR .. ...................................................... ........ Fo ......... ......................... . .. has permission to ere ............... buildings on ...................................... . .. ... .. ... R I V �'. Rougha tion to be occupied as...... >... .. � � -_ e .. p..y)o chimney provided that the person accepting this permit shall In eve respect conform to the terms of the application on file in P P P 9 P � pP Final this office, and to the provisions of the Codes and By-Lawn relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. 3 a 4 PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT ENFIRES N -6 MONTHS UNLESS CONSTRUCTION ST TS ELECTRICAL INSPECTOR • t' Rough ,............................ Service BUILDING INSPECTOR Final acupancl Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises — Do Not Remove RoughFinal No Lathing or Dry Wall TO Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. REVERSE SIDE Smoke Det. � E0 ToNN M_ of Andover "SOP j® 1, 3 - / ?/'40 e � i c over, Mass., �o��t e E D 1 BOARD OF HEALTH PERMI T %# P Food/Kitchen Septic System THIS CE=RTIFIES THAT A �. BUILDING INSPECTOR ......... ................... .............. .......... ....,,................................................................................ Foundation �11� has permission to erect.......... ........ buildings on... OM i 00®� de g .......... ..........I.... ....... ..� ...... Rou h Chi to be occupied as..... � .... '. .' ,P.. ''... .. � _...�..... `� ....�1� coney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relatim to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. 07 PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT EVIRES N 6 MONTHS Final ELECTRICAL INSPECTOR UNLESS CONSTRU�J N ST . �I' Rough .. ..... ................ ......................................................... Service . ... .. .. BUILDING INSPECTOR Final Occupancy Permit Required to Oca py Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done ° FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector® Burner Street No. SEE REVERSE SIDE Smoke Det. CERTIFIED PLOT PLAN LOCATED IN NORTH ANDOVER,MASS. SCALE.-Y"=40' DATE.•7/6/2005 Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L.S. 50 Deer Meadow Road _ North Andover, Mass. LOT 81S SHOWN ONASSESSORS MAP32 AS LOT 27. LOT 9'A' j,24-65 LOT 8 93,654 S.F. .� PLAN 9780 N.ER.D. 23.00q 24 p0 Ln 3N / 00, c $ 3.00 0 Q ci OCIA CT% 1 o X�ST•NSE' �, 44� 0 110 E F��' 3.p4 11�Oo O � q 1 00l_o 24pU r 1 .o _�-- N _ 129.55 73 0 LOT 7 l CERTIFY THAT OFFSETS SHOWN ARE FOR THE USE THE OFFSETS �AL1H OF THE BUILDING INSPECTOR ONLY SHOWN COMPLY a WITH THE ZONING AND SUCH USE IS FOR THE L �� �. DETERMINATION OF ZONING jL S BYLAWS W5 OF 0. 13972 CONFORMITY OR NON-CONFORMITY �� NORTH RMITY ANDOVER sig ��STFR���y4� WHEN BUILT WHEN CONSTRUCTED. 7 �dS' P j-� TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT"LAI&RENOVATE, OR DEMOLISH A ONE OR TWO FAMILY DWELLING 111b 60000 hr 01&W 00e ilk rn BUILDING PERMIT NUMBER: f- (-,,g DATE ISSUED: (J G� C. SIGNATURE: ' ..� Building Commissioner for of Buildings Date SECTION 1-SITE INFORMATION 1.1 Property Address: J� 1.2 Assessors Map and Parcel Number: MapNumber Parcel Number v 1.3 Zoning Informatioa: 1..4 Property Dimensions: Zonin District *-sed Use Lot Areas Frontage ft 1.6 BUILDING SETBACKS ft {�> Front Yard Side Yard Rear Yard R red Provide Required Provided R uired Provided 1.7 Water S M.G.I..0 40.154) 1.5. Flood Zone Information: L8 Sewprw Disposal System: Public Iside Flood Zone y� Municipal �' On Site Disposal System 0 SF CTION 2 I'TIOI'ERTY O!'VNERS /AU I HORIZEA AGENT--') 2.1 Owner of Record 4 Name(Pn t} — Address for Service 6�- Sigdattfrk Telephone 2.2 Owner of Record: Q Name Print Address for Service: rn Signature Telephone 90 SECTION 3-CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor: Not Applicable ❑ Licens Construction Supervisor. y �} License Number , ��J S ✓ r�' �f `''. ff{`�fi,.�ir11�reit Address � �` �_ �(/ _. �►� � . Expiration Date itar Telephone r 3.2 hegistered Home Improvement Contractor Not Applicable ❑ Company Name rn Registration Number - r Address .�.. Z Expiration Date Y^ Signature Telephone t SECTION 4-WORKERS COMPENSATION(KG,L. C 152 § 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the buildig permit. Signed affidavit Attached Yes.......V No.......0 SECTION 5 Descripponof Proposed Work check all a licabte New Construction Existing Building ❑ Repair(s) ❑ Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify Brief Description of Proposed Work: r ScC. e - - SECTION 6-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollar)to be OFFICIAL USE ONLY. Completed by permit applicant 1. Building (a) Building Permit Fee Lr z, --' Multiplier 2 Electrical (b) Estimated Total Cost of U G c , Construction., 3 Plumbin Building Permit fee(a)x(b) 4 Mechanical(HVAC) 5 Fire Protection 6 Total (1+2+3+zt+5) Check Number SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1, as Ovvner/Authorized Agent of subject property Hereby authorize to act on My behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION 1, as Owner/Authorized Agent of subject property Hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief Print Name Signature of Olvner/A ent Date NO. OF STORIES SIZE .e7 5 BASEMENT OR SLABSIZE OF OF FLOOR JTMBERS ,r a' I' e3 2 - 3RD SPAN DIMENSIONS OF SILLS t DM ENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS y SIZE OF FOOTING J 0 X �-f; MATERIAL OF CFUMNEY 6IG,ai IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE s 2~S fie�omw, uaea�i o�.�aoaaa�uaada BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 009802 i Birthdate: 08/2411939 Expires:08/2412005 Tr.no: 1418 a Restricted: 00 PAUL J ST HILAIRE 51 THISTLE RD N ANDOVER, MA 01845 Administrator I =� The Commonwealth of Massachusetts . Department of Industra"ccrdents Cf;res of Investications Easton, Mass. 02111 vcrkerc' Ccmcensaricn Insurance-Ii'Tcavrr \lame Pease Fr+r„ 444 Cir/ lq�,'dle ✓G A 4, Phcre = 7 a 6-e - 1/ 7s' C► I am a ncmec•Nner,:e!,- ninc all wcr'.c ryse!P. CI am a scle prcrrietcr and have no one winking in any c3pac:^i I am an cmClCVer rcc � 7vidirQ workers' ccmpensaticn icr , ETiFio`lees'NorX inC Cn�^this jcC. CCr1I Cann rtarr'E'' ,v'r1 Q 4104 oc ✓G �7� l/! �/ I. l C /l /� Address J '16 � d ON* /j d �e dl'-A chore j• 7 ` d�1 - 2/ 23 insurance Cc. �� �� f CGa F^lice T rte . i Cemcanv name: Address Cit•/• chcne � . Insurance Cc. polio/ F3i!ure tc sec:se c:veraSe as,ecurecUncer Steen 2°-� or MC-i tS_can!eaa to the rmcesdicn ci a:mlral Cenalbes of a rine uc to z1.°CO.CO ancicr one years' morscrment as .ve!!as cnal eenaltles in a:e norm&a S C='r/CRX CRCEF and a rine cf(5 CO.CO) a day_gsirst me. l understanc that a c=y cf''Is-areae.^.;;^gay de icr.vareec to the Office of invesupricns c;ate CLa;cr rvera5e verTfc.-ucn. I cc herecy carryuncar;he:ains and cenaldes of pe�ur,,!hat'he inre7r:artcn g,cvrde,-4 accve sae aro='Mc: Signature �f -Cate Print name --` 1 /q'r P;,.cne Cmc:al :Le only co riot wrte in ;his area :c ce-crivetec::y c:r/c, :zwn cr Tcvn Cu!lCirc fecr C`ecx.f rr;rrec?ate:-es....rse �ec:::reC LC�^Sl!"C _Cori, C ^- C e — carr;, Cecar•..;,e^r - - Grrer N! e.-L� t✓ _9 w Le x ORM U - LOT RELEASE FORM `I 13 ID INSTRUCTIONS: his orm is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. *****************************APPLICANT FILLS OUT THIS SECTION*********************** APPLICANT_L2 PHONE 7S' LOCATION: Assessor's Map Number 3 -V- PARCEL SUBDIVISION LOT (S) STREET � j 't ST. NUMBER /U ** *** ****** * ** * *�****OFFICIAL USE AREC MENDATIONS OFT WN.-AGENTS: (/ CONSERVATION ADMINISTRA OR DATE APPROVED y t' DATE REJECTED , COMMENTS 11L "L--�OWM PLANNER DATE APPROVED ! DATE REJECTED COMMENTS FOOD INSPECTOR-HEALTH DATE APPROVED -� DATE REJECTED SE TIC INSPECTOR-HEALTH DATE APPROVED DATE REJECTED COMMENTS PUBLIC WORKS -SEWER/WATER CONNECTIONS DRIVE Y P MIT 4: FIRE DEPARTMENT ,�- RECEIVED BY BUILDING INSPECTOR ,' ' DATE Revised 9197 jm AUG 3 ()Zuuk UILDING DEPT. 011 s2ao 4� 3 1�5.73� w co .SETBACK LINES r I DECKDECK —►��-.�--s I 12.o II 12.0 14.0 I I c-► � (Jl N • 2 C) w 0 � I O O I 0 ►Q W N N 0° °0 PROPOSED DWELLING4.0 � 4.0 I I 7.0 7.0 I O M I CA 11.5 11.5 a 21' 11.5 '- 11.5 21 M ? L 102.06 PRMgRppK ROAD R = 620.58' V PROPOSEDDWELLING G OR AD 90 NORTH ANDOVER, MA SES' 0 v 2004 SCALE: 1 = 20' DATE: AUGUST 31, 2004 BUILDING DEP . NEW ENGLAND ENGINEERING SERVICES 60 BEECHWOOD DRIVE NORTH ANDOVER, MA (978 686-1768 PLAN # 0025 DRAWN 5.6i,C3. Xan r.- :�}1,t,. �.-:•� � - 2 26two•t1 7 tO 16.9 AEL • 1 • 32 1 P k ' - ` � � + �� ,,4 ;�x�' ra � dK �� kE`Yi��' s�€y 3r.�� � r � ` � aw•+r`'tAf i �it ��w #7�C1 y'�"� cY S' �S:'�m'� �.;i S . & 4.. { t Y x d.. �: ;d y tar; r 7 aY MaS` �y n 5"..'r` ` f} S rr1 sgf k R' 'ais i " rx r t .`e7,ir r ��rru 7k ftl,r {.S s i - s-�F1d.�,`i`r � 1�r * '* ,, ,=M+ �v -14 t .: 4r` # 9` �r N"'41 fn +: t x GROWTIMA CA 1NTV` 0 TIONS NEXT TOWN,OF YO1�T'g AND( VES'ViLDING D-MAT`MENT! This,form shall be used to assist did Builclui "fie g parnzteiit zrr their deteth>iiiation of ekemptioii under section S.7.6 of aIle'Tow1i of North Aitc�over Growth Management3yla,Vv Tile,applicant shall provide all of tYe necessary iiliar111aton as requested 1]elow , - Permit Applicant I�rtyperty address Map/Parcel App11ca1It s P6a1ie inlnber Single paxnlly 'Ttvo Family I the undersigned applicant fortlte above 1Zroperty attest that aIle attached buxldiftg permit far tbhrct-this`farfri is cotdpieted, does caurpiy ivrtEt the EXEIvIPTTQN se%#iozA 5.7.6 ofthe Growkh Managemstttt By'law.1 also undetsta xd providingtlxis form does not absolve me or slay party tax this ptxil fratri ills requirement oobfannut atli ptilits a�clurrerf phottil the issuance o£the building' pernrrG.Fcxrther I xxndrstrutd that niy interpretation ofthe e>lemtzon states rs subji to re,VidV6.byihe`Bttilding�l7epa[iment and is, only officially accepted when thy?6uildingpe.tmit'is issued: Based on sad ion 8.7.6 afthe Nortl Andover f*raivUr Bylaw the above liA and tile,tivork as applied fbr on the above lot,in the builduxg perntiEapglication attd associated attachments,t:ortxjslies with orae ar thole otthe('dllorvlit sedirnas as indicated by a olteck mark.:' _ This is an a'pp(zaatlon fur a huilditig perttii far the ettlargethen#,restoratianbr reconsitvs3ian Dead dlt ening iix existence as :'Oftlte effective date ofthis bylaw,provided Haat no additional tesideittiai itnat is cizaled, e, The lot(s)was/wets creates(prior, to lvtay,6,15 61 a id are exempt from the provisions of seWon 5.7 oftlie Zoning-Bylaw. Aris application is for dwelling'un is for lowv and or ntodera#e ins ome4faitdlies of individtaals,where all pfthe conditian5 of 9.7,6 ate visa azxxcl or rapkeserxts dtaellixig axiits Ion seftisx resident#,Where cxccaxpapey of ths4 rinits is r_"es#rioted lie seiior cltize4is ' Uxranpli a properly executed attd recorded deed resiridlon turuting Willi the land dor purposes of tills section``spitiaY'shall mean Person's over the age of55.' _'Ilxis application is part of a defxelopment piroyed whish voluntarily agreed to a rninimuitr 4(i°/a peeriaaneixk iedudiait ni " density(buildable lots he!ow the density psatrntttted loader zodtag,and feasiblri given the ertt iroeimeittal aortditions ofthe tract,with tltp Surplus tenet eclnal to at least#alt buildable asax s aitd perntruteritly dessgitAted as c>tls t space or ftrrriland:"fhe toilet to be pies d slxalt be praseczed tsarn developanerxt by as AgrioiilXutal Preservation Restti oil,Gotlseri ati6n'R&strictibfl,'dedidal oil to the Town,or Wier similar trxaclaatxis>1x apex oved byt}re lannitrg board that Wili-:exlsuYe i#q 3 ectlgn _ This appli060t represents a"ct of land dxrsting and not held by a Developer in conunoti}owrtership with an adjaeeut Parcel an the effective dale of this Section 5.7 artd shall receive orfs(ime!eXernption front the Izlannted GcoWlh hate and Davelo}irrx�ti Sc#tecluli3xg pi avisions for Ute pt pose 6t coristructittg Dile single famijg dwelfhtg twit oti the pars is ' 7liis applic=roan rep#eseitts a lot which is ready far a buzldiixgpennrt(Nall outer permit.,;froiii all outer,baaeds aril commissions have,-berm reserved aiSr{tile proje(,�is in coihphailao Wrtlt diose p�rrtits�,`arxd tlte;i)evelopmi:iit 80 ihedule does net ac onxxxxcrJate issuing a building permit fit utak year.Oti bui(dingpermit.Vt,tll be issued,per yea"'er 1]evelopntent until such time as flee dE elol>rrxent selxectute acsximntodates issuing building permits,Applicatii flatlet Ail but ori appro ved;FQRM iI with tlsis EXEMPTION. Y PLEASE PROVIDE ANY'AAdD ALL INFQR MATIQN THAT Wf?lll T?AScrIST THE'BIJILDtN(i DEPARTMENT 1N MAk NG A DETERMINATION THAT THIS APPLIC KDONIS ALLOWED I:WJER ONE,QR MQR>;OF THE.AI�CSYEEXEM1'TTONS. ' BY SIGNING BELOW I ATTEST TO THE AOCTIRAC. OF THE INPORMATIQN PROVI)jEI)AMI)THAT THE A'I`rACFIED BUILDING PERMIT IS ALLOWED AN E�EMk�PION AS CITED ABOVE, FUk'ITIIuR I UNDERSTAND T IIAT TII E SUBMIT I'AL OF MISLEADING OR INACCURATE IN'ORMAT'ION OR THE CHECI 1 J ;OFF OF A ABOVE EXEIVJPTIO]4 WHICH DOESI NOT COMPLY;WHEtifER D#]NE.TO MY ICNOWLI DG O1� �C t]UN S FOR RfiFUSAL BY TILE BUILDING DEPAItTMI NT'I OISSUE A BtJILbINGPER I1: APPLIC S SIGN DAT 'MIS FORM TO BE ATTACHED,ro THE BUILDING PERMIT APPLICA"I'IUN ter. , North Andover Building Department. Tel: 978-688-9545 DEBRIS DISPOSAL FORM In accordance with the provision of MGL c 40 S 54, a condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c 11, S 150 A. The debris will be disposed of in: rre-7) Z-10 v A, a (Location Facility) Signature of Permit Applicant Date NOTE: Demolition permit from the Town of North Andover must be obtained for this project through the Office of the Building Inspector rrr❑DUD mT1T�i —+ ITl IL-- � HCl L�i(1 L� `�' �. �. n i IF {n 7 I L7 I j jInAIL , Q LI —i III. � TlC1L�L7 II amFa832- oF o:2N -- rqli 1i-- u ;{ \ n •.rE�?$a(_ G.J.BRUNO ASSOCIATES RESIDENTIAL DESIGNERS -A&(I 28 BERKELEY ROAD N.ANDOVER MA 02845 DRAWINGNO. PLAN OF LAND IN NORTH ANDOVER, MASS. OWNED BY VILLAGE REALTY TRUST SCALE: I"=40' DATE:8/1812005 0' 40' 80' 120' Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L.S. 50 Deer Meadow Road North Andover, Mass. NOTE: SEE PLAN#1780 N.E.R.D. THE ZONING DISTRICT IS R-4, SUBJECT PROPERTY IS SHOWN ON ASSESSORS MAP 32 AS LOT 27. MAP 32 LOT18 PIANTIDOSI MAP 32 LOT28 SPINELLI t 003$10011 L°4$S.F. rn S1 13 PLAN 1780 N.ER.D. % 0, MAP 32 LTI R1 o w 24°° asi' LOT25 S Cn g J -' cn ARMANO 03 co31' g 0 1.00 o o (IST SS o 44/� O [- 11 p0 -, 0 -� `O 11p0o 3 0o p O- 1,00 o :Q C 32' 3.0y rQ 1 m r 129.55 " W W S76- 4 5'34 , .70Q 0 LOT#7 > PLAN #1780 N.E.R.D. �P r 90 MAP 32 :1LOT26 - BALLARD THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN THE PROPERTY LINES SHOWN ARE THE NORTH ANDOVER LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN BOARD OF APPEALS ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. Of S y CD �a972 DATE OF FILING: I� DATE OF HEARING / DATE OF APPROVAL: