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Home My WebLink AboutMiscellaneous - 93 PUTNAM ROAD R=eived by Town Clerk: t h X,� FORMA c J l <s 7 L,.; I APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL November 25, 2003 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under and Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: I. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way, namely, Putnam Road 1 � R-4 Zoning District: being land bounded as follows:_Zoning Board Varience granted for width of lot, allows the creation of 2nd lot with both lots complying to groper frontage and acreage. 2. The division of land shown on the accompanying plan is not a subdivision for the following reasons: Original three lots - changed to 2 lots, with frontage and acreage on public way, after Zoning Board granted a width varience 3. Lot frontage and acreage of each lot depicted on accompanying plan. Lot 1 , 117.98' frontage with 13,000 sic , ft. ; Lot 2 100' frontage with 20,827 sq, ft. 4. Description of proposal Creating 2 lots, with existing house at 103 Putnam Road and New Lot at 93 Putnam Road. 5. Title reference North Essex Deed, Book 4420 ; Page 326 gtiite f Applicants' Signature: Owner's signature and address if not the Maril n A. Stella, Beneficiary applicant: (print name) Applicant's Address: 62 Gray Street Forth Andover MA 01845 Tel. No. _(978) 683-2132 s Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the 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: Growth Management ByLaw Development Schedule Town of North Andover Planning Board This form represents the schedule for allowing the following lots to be considered as eligible for building permits under the Town of North Andover Management by-law Section 8.7 of the Zoning by-law. Pursant to 8.7 this Development Schedule must be filed in the Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Board prior to the issuance of any building permit or permit for construction. Name and Address of Applicant for Lots: Name of Development: Map and Parcel of Original: Date of Application for Lot(s)Division: Lots Covered by this Schedule The Planning Board by their signature below, or a signature of a duly authorized representative,do hereby establish for the above named development the following Development Schedule for the purpose of Section 8.7 of the Growth management By-Law. The applicant,their assignees, successors and or subsequent property owners shall conform to the following schedule that limits the eligibility of the following lots for building permits. This form must be filed in the Registry of Deeds by the property owner or representative and be referenced on each deed for each of the following lots. Such deed reference for the deed of each lot shall at minimum reference the book and page in which this Development Schedule is filed and contain the language; "This lot is subject to a Development Schedule pursuant to the Town of North Andover Zoning By-Law all owners, representatives,and future purchasers should avail themselves of said restriction by reviewing the approved Development Schedule as filed in Book insert here and Page insert here. The fact that a lot is eligible for a building permit is subject to the limitation of the number of building permits per year pursuant to section 8.7.2d of the Zoning By-Law." The Planning Board hereby schedule the lot(s)for the above development as follows: Year Eligible Number of Lots Building Office Use Building Office Use Elibgible Date Lot Eli 'bili Notes Completely Utilized Signature of Planning Board member or Authorized Representative Signature of Property Owner or Authorized Representative Date I'I ' i� Date O Town of North Andover ,.oRTM Office of the Zoning Board of Appeals Community Development and Services Division s 27 Charles Street . . .r" °44Z North Andover,Massachusetts 01845 'gswcMusE D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)689-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Pro at: 93 Putnam Road NAME: Marilyn A.Stella,c/o Michael T.Stella,Sr., HEARING(S): 9/9&10/14/2003 P.C.,P.O.Box 1528,Lawrence,MA 01842 ADDRESS: 93 Putnam Road PETITION: 2003-029: North Andover,MA 01845 TYPING DATE: 10-15-03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,October 14, 2003 at 7:30 PM in the North Andover Middle School Auditorium,495 Main Street,upon the application of Marilyn A.Stella,c/o Michael T. Stella,Sr.,P.C.,P.O.Box 1528,Lawrence,MA 01842,for premises at 93 Putnam Road,North Andover,MA requesting a dimensional Variance from Section 7,Paragraph . 7.1.2 of the Zoning By-law for relief of width of lot between side setbacks in order to allow for the creation of a second lot from an existing parcel. The said premise affected is property with.frontage on the West side of Putnam Road within the R4 zoning district. Legal notices were published in the Eagle Tribune on August 25.&September 1,2003. The following members were present: William J. Sullivan,Walter F.Soule,Ellen P.McIntyre,Joseph D. LaGrasse,and Joe Edward Smith. Upon a motion by Walter F.Soule and 2 d by Joseph D.LaGrasse,the Board voted to GRANT the dimensional Variance from Section 7,Paragraph 7.1.2 of the Zoning By-law for relief of width of lot between side setbacks of 21.02'in order to allow a driveway to a proposed 28'x60'single-family residence,to be built on Lot 2 per Board of Appeals Plan in North Andover,Massachusetts as prepared for Mary A. Stella Realty Trust 1,Janet Kliska,trustee,c/o Stella Law Offices, 160 Common St.,Lawrence, MA 01840,dated June 27,2003 by Joseph A.Esposito,Professional Land Surveyor,#18923,Pembroke Land Survey Co.,P.O.Box 205,Salem,New Hampshire,03079;on the following conditions: 1. The"larg-est beech in North Andover"will remain and will be protected during construction. 2. The proposed new structure shall be a one-family dwelling,only. 3. The existing shed shall be removed and/or relocated 4. The new lot's driveway shall exit and enter from Putnam Road. 5. The North Andover Fire Department shall be consulted on the driveway design. Voting in favor: William J. Sullivan,Walter F..Soule,Ellen P.McIntyre,Joseph D.LaGrasse,and Joe Edward Smith. The Board finds that the applicant has satisfied the provisions of Section 10,Paragraph 10.4 of the7,9ning Bylaw and that the granting of this variance will not adversely affect the neighborhood.or derogatem the intent and purpose of the Zoning Bylaw. a C- CD C"? v Cr I Pagel.of 2 _}t CD Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover t �oRTti Office of the Zoning Board of Appeals o: • _• Community Development and Services Division «s 27 Charles Street North Andover,Massachusetts 01845 ;tea'"`•'' s�c�us D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town ofNorth Andover Board ofAppeals, William 1.S livan,Chairman Decision 2003-029 U M45AP32 Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 . r Town of North Andover f NORTy Office of the Zoning Board of Appeals f A Community Development and Services Division • 27 Charles Street Too North Andover,Massachusetts 01845 'sscuustt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Pro at: 93 Putnam Road NAME: Marilyn A.Stella,c/o Michael T.Stella,Sr., HEARING(S): 9/9&10/14/2003 P.C.,P.O.Box 1528,Lawrence,MA 01842 ADDRESS: 93 Putnam Road PETITION: 2003-029 North Andover,MA 01845 TYPING DATE: 10-15-03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,October 14, 2003 at 7:30 PM in the North Andover Middle School Auditorium,495 Main Street,upon the application of Marilyn A.Stella,c/o Michael T. Stella,Sr.,P.C.,P.O.Box 1528,Lawrence,MA 01842,for premises at 93 Putnam Road,North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.1.2 of the Zoning By-law for relief of width of lot between side setbacks in order to allow for the creation of a second lot from an existing parcel. The said premise affected is property with frontage on the West side of Putnam Road within the R-4 zoning district. Legal notices were published in the Eagle Tribune on August 25&September 1,2003. The following members were present: William J. Sullivan,Walter F. Soule,Ellen P.McIntyre,Joseph D. LaGrasse,and Joe Edward Smith. Upon a motion by Walter F.Soule and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the dimensional Variance from Section 7,Paragraph 7.1.2 of the Zoning By-law for relief of width of lot between side setbacks of 21.02'in order to allow a driveway to a proposed 28'x60'single-family residence,to be built on Lot 2 per Board of Appeals Plan in North Andover,Massachusetts as prepared for Mary A. Stella Realty Trust I,Janet Kliska,trustee,c/o Stella Law Offices, 160 Common St.,Lawrence, MA 01840,dated June 27,2003 by Joseph A.Esposito,Professional Land Surveyor,#18923,Pembroke Land Survey Co.,P.O.Box 205,Salem,New Hampshire,03079;on the following conditions: 1. The"largest beech in North Andover"will remain and will be protected during construction. 2. The proposed new structure shall be a one-family dwelling,only. 3. The existing shed shall be removed and/or relocated. 4. The new lot's driveway shall exit and enter from Putnam Road. 5. The North Andover Fire Department shall be consulted on the driveway design. Voting in favor: William J.Sullivan,Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,and Joe Edward Smith. The Board finds that the applicant has satisfied the provisions of Section 10,Paragraph 10.4 of the,Z,pning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogatem the intent and purpose of the Zoning Bylaw. ; � �rT t Mir Pagel of 2 CD3 -I-- W �J - t..,J O Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover a4 °RTH Office of the Zoning Board of Appeals Community Development and Services Division • 27 Charles Street ' ,• — ° North Andover,Massachusetts 01845 �'ssc„us D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, �cJ William J.S llivan,Chairman Decision 2003-029 NW45AP32 Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 17C iNM FROW-MICHAELT. UP11A jK,w.R. T-9969 p+_Dfl/iin! ;-ARA Town of Noah Andover Office of the Zoning Board of Appeals d � Coxnmunity Development entca�nd�5ervices lvision� ies treet North Andover,Massachusetts 01815 +F*ss•,".'"` D.Robert NiCCC[3 . ,Vet�dairf iavtiidii��IDl�JeC Telephone(0,78)688-93, Fax (9n)"& � *^ / LTQLC 79,_„ � °e_o' aamm of Orth Awdo-ver Zoning Board of Appeals 27 Charles Street Worth Andover MA 01845 be �3 . advisee that have meed to wave the time constraLgts.4br tjj c i*r,, th Andover Zoning Board of Appeals to mike a decision regarding the granting of a 6 � Varieace ! Special Pemnit Comprehensive Permit(408) Finding far property located at. STREET: —..f t� ►5 �J "�Lr�lit.�a. TOW—A fjrTT/► �`►�{ r1_.Pf TO MEETING DATE(5): t dab r _ NAME OF PFn ®NER; Signed: t'% Petitioner r petitioner's represer►tativ ) I � I � WA VER C� "? HHRH:r7 8E="9540 Maufi.o 978-W-9535 C u v i' SEP 1 0 2003 -' BONF7D, OF APPEALS Town of North Andover a NORTH, Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 '$s�cHus�t http://www.townofnorthandover-coni jwoods@townofnorthandover.com p (978)688.9535 Planning Director J.Justin Woods F (978)688-9542 SENT USPS AVIA CERTIFIED MAIL RETURN RECEIPT REQUESTED February 10, 2003 Marilyn A. Stella 'cr c/o George A. Stella, Esq. CD rY; PO Box 1528 r1 Lawrence, MA a rQ RE: Marilyn A. Stella Form A Application dated January 20,2003 and stamped received the Town Clerk on January 24,2003,Denied without prejudice. Plan Titled "Mary A.Stella Realty Trust 19"prepared by Pembroke Land Survey Company, PO Box 205,Salem,NH 03079. The Plan is dated January 21,2003 and stamped received by the Planning Department on"January 42,2003"(should be January 24,2003). Dear Ms. Stella: - At their regularly scheduled meeting of February 4,2003,Attorney Stella presented your above-referenced Form A Application to the North Andover Planning Board. The Board determined that they could not approve the Form A application because the plan did not comply with the provisions of MGL Chapter 41, Section 81P or with the provisions of the of the Town of North Andover,Massachusetts Planning Board Rules and Regulations Governing the Subdivision of Land dated November,2000, last Amended December 2002(North Andover Subdivision Rules&Regulations),for the following reasons; 1) The private way known as Douglas Road DOES NOT meet the indicative criteria for the determination of frontage in accordance with Section 3.3 and Section 3.3.1 of the Town of North Andover Rules&Regulations. Specifically,the way is not paved and is not adequate to accommodate public safety access. 2) The Planning Board has determined that the lot DOES NOT have frontage on a way that,in the judgment of the Board,has sufficient width,suitable grades and adequate access to provide for the needs of the vehicular traffic and public safety access in relation to the existing and proposed use of land abutting thereon or served thereby and for the installation of municipal services to such land(s)and/or buildings erected or to be erected thereon. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 February 7,2003 Form A Denial Douglas Road Page 2 of 2 The Planning Board recognizes that prior to making a final vote on the determination,you submitted a written request to withdraw the application without prejudice. The Planning Board accepted this withdrawal,the Chair signed it,and the Planning Department faxed it to Attorney Stella the following day. However, a subsequent review of the applicable state statutes and local bylaws revealed that neither MGL Chapter 41,Section 8 1 P or the North Andover Subdivision Rules&Regulations contain enabling provisions authorizing the Planning Board to approve such withdrawals. For the above-stated reasons,numbered 1 and 2,the Planning Board has determined that the subject plan is a subdivision, as defined by MGL Chapter 41, Section 81 L. Consequently,your Form A Application is denied without prejudice. You may re-submit the plan to the Planning Board for approval under the Subdivision Control Law. A copy of this decision will be filed with the Town Clerk within days of January 24,2003. You are hereby notified that should you disagree with this decision,you have the right,under MGL Chapter 41,Sections P&BB,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk Please feel free to contact me if you have any questions. Sin ely, J J Dods g Director cc: Members,North Andover Planning Board Joyce Bradshaw,Town Clerk Tom Urbelis,Esq.Town Counsel,Urbelis&Fieldsteel,LLP, 155 Federal Street,Boston,MA 02110 Joseph A.Esposito,Pembroke Land Surveying Company,PO Box 205, Salem,NH 03079 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Jan eU uj Uy: eua (buji 858-bebi p. e A PEMBROKE LAANjD SuRYt r COMPAI Past ice Box 205 Salem, New Hamoshire 03079 6n3-8gR-470I48Y 603498-6263 .lanuary 20, `w3 M$• Heid!Griffin, tutrecior North Andover Community ueveiopmenui i*rtV"Or", Charles Street North Andover,MA 01845 Re- stella Property, Frontage Exception Lots nom•,.,u� r.-:fsrn ilur ciieiri rrSjr+�irIf j�It, �.fee ftt the i t the J�3[1tf r!/ Manning 90-aid rT isifit}'f be moro"ffi . e"hwee. : � ='RO! yad liElview CO/YlJrJ@niS 1x01/1 VHS" vi'iris uaia'. rc ui request=�`nnfTnr�a_r�c�g (,,, �y� /},( e�p�! p��/��f „-___r • rse.:ttei a�.....i�s.w�,IV to.►s3/+�plelfis. to the 04 February f//riri�ring whkh ahwid rf1va YRQ REf/�tC Vim tO v M its review of our plans and would aisv avow Our rt~rigiiiOr go addm—V-Var.-yo of VHBIs Concerns Ynurc ver'v tmIv. I isaipir=$pva►ity copies:Airy. George Siena Joseph Serwatka, P.E. winword.tetiors.$WA3 MC � I c� � w i I � _SYS�f_• _ :M, Wco U I N j i iiiii m A 14f Jan- 2a 2003 I Number of pages including cover sh_� 2 F1ROJW: Ralph E.5posito r'E;irFuroKrr LartKr Our- Company 1 1 i;nct 0 Box 205 Salem, New i7ampsi7ire 03079 l ` Phone �LG�r Fhnnr� �-978-68&942 Phone Fax Phone 603-898-626 Lyv: i 1 R VAMKSO; Urogrtt For your review ❑ ReplyASAP Q Plea;l�o Comment I tLr111 /ar arri .r + near Ms. Griffin. Corry for the 1_ate notice but we were wa'itinq for VH8'S response. i i CD co j N I uRAL5H 1,;_., Received by Town Clerk: T 0`vVIN L E R Ti l? rr=010V FORM A ZOO] JAN 2A 10- 5 U APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL Janumry 24,2003 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and request a determination b said Board � � Y�P �l Y that approval by it under Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because'every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way,namely, or a private way,namely Putnam Road and Douglas Road,being land bounded as follows: on the North by land of Kamar Realty Trust and land of Miller; on the East by Putnam Road, on the South by land of Whitley and land of Hertrich; and on the West by Douglas Road. 2. The division of land shown on the accompanying plan is not a subdivision for the following reasons: all lots have the proper frontage and area requirements per the Town of North Andover Zoning requirements. 3. Lot frontage and acreage of each lot depicted on accompanying plan. Yes. 4. Description of proposal: Two single family house lots—Lot 1 containing the existing residence and having an area of 20,827 s.f.and Lot 2 having an area of 13,000 s.f. 5. Title Reference: North Essex Deed Book 4420,Page 326 Applicant's Signature: Owner's signature and address (print name Applicant's Address: Tel. No. Notice to APPLICANUTOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan show 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: Town of North Andover f pORTM, O 'ee of �. the Zoning Board of Appeals l. 1- p Com riWty Development and Services Division ► 27 Charles Street " ° °� ---• 'i' nP 3: N(&th Andover,Massachusetts 01845 cHusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Middle School, 495 Main Street,North Andover, MA on Tuesday the 9th of September, 2003 at 7:30 PM to all parties interested in the appeal of Marilyn A. Stella, c/o Michael T. Stella, Sr., P.C.,P.O. Box 1528, Lawrence, MA 01842, for premises at 93 Putnam Road,North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.1.2 of the Zoning By-law for relief of width of lot between side setbacks in order to allow for the creation of a second lot from an existing parcel. The said premise affected is property with frontage on the West side of Putnam Road within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on August 25 & September 1, 2003. Legalnotice 2003-029 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 TOWN OF NORTH ANDOVER - VARIANCE ZONING BOARD OF APPEALS 41 Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty QQJ days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and incom tete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in interest fee. requirements iisted in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7•DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPEWPARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All infomtation as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20) days Petitioner submits one(1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Cleric Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS, r copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIESININTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits;aI of tt�<raquired t�rding-fears anti forward it to the Zoning Board of information,the petitioner requests fi r�the Assessors Arpp�'and,,thwBuikling-Depaitment Off* Office a certified list of Parties in Interest(abutters). CZ IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department =' ',T,�'> Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1 1. Petitioner: Name, address and telephone number: Marilyn A. Stella c/o Michael T. Stella, Sr. , P.C. P.O. Box 1528, Lawrence, MA 01842 978 683-2132 '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: Janet Kliska., Trustee - Mary A. StglIa Realty Trust 1 978` 683-2132 P.O Box 1528 Mary A. Stella, Beneficiary, c/o Michael T. Stella, Sr. , P.C. Lawrence, Ma. 01842 Years Owned Land: 50 years 3. Location of Property: f a. Street: 93 Putnam Road Zoning District R4 b. Assessors: Map number 21 Lot Number: Lots 31 & 37 & Map 4JA - Lot 32 c. Registry of Deeds: Book Number 4420 Page Number. 526 4. Zoning Sections under which the petition for the Variance is made. Zoning ByLaw Section 7, Dimensional Requirements & SS 7.1.2 lot width requires a minimum of 80' lot width between street & front wall of the structure. *Refer to the Perme Denial and Zoning By-law Plan Review as supplied by the Bul ft commissioner 5. Describe the Variance request Zoning ByLaw A states minimum of 80' lotwidthbetween the street and the front wall of the structure. The proposed lot has it's narrowest width as 58.98' . The above desavmm shall be used for lite purpose of the legd motiae and decision. Amore dueled deux1poon is required ptrsuard to the 'oning:Board.Rubs,and Regakd1orm as coed on page4 oti fht appleadom.Fagure by the appItartt to clearlgdera r I the requestntay nM*in E decision UW dares nit Nfha t ent:ot tt�ap ' he dedsion wM be*nmed ro the reques by appBcw*and wR not involve dditionat awn not i="d a[iove. ia, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current zoning By4-aw RequWements. (A and B are in the case of a lot split) of Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• T W I�T� Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 18-Ctvt , Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals 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 sz7 P� % 2-17.C(1 z 70 III—L& r c. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking ` Minimum Lot set Back` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear f % 201 82l % to a " _ -63;1 32 �} 12S`t 31.0' d. Required Lot: (As requiredby Zoning By-Law) 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 tz, % 00 30 115 is 3a 7. a. Existing Buildings: f Ground Floor Number of Total Use of Square feet Floors Sq.feet Building` 3 ` ( ZQ�t 3 Single Family °Residence F 'Reference uses from the Zoning By G;;State ncm*w of units in bu*rrg. F b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq-feet Building' ?J�13 l Single Family Residence. l� Z I p 6 t h t V 2 3 .�DO S1�Y1G� �C.f►t4�� 'l��rG��f-�. •Reiererm Uses from the Zoning By-UW Slade miu� 8. Petitioner and Landovi w signatul,(s): Every application for a Variance shalt be made on this form which is the owl form of the Zoning Board of Appeals. Every application shalt be tiled with the Town ClWs Office_ It shall be the responsibiRy of the petitioner to funtsh all supporting docurnentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the appy from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure.to comply with art requirements,as Cited herein and in the Zoning Board Rufen and Regulations may result in a dismissal by the Zoning Board of this application as hem pllettee. Signature Petitioner Barbara A Stella, Administratrix of Type above name (s) here Mari 1 A I;rP11 a Mary A. Stella Beneficiary PAGE 4 OF 4 VARIAN 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A, Seca 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district(s) application. 3. names of streets 4. wetlands to be shown on plan rd applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed , easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed tines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. IIS the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. ElevationP lans for minor projects including decks, sheds, &garages shall be 10. Plan of Land included with a side view depicted on the plot plan, !, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's 11. APPLICATION FRJNG FEES Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicarrt.is to send by the public hearing before the Zoning Board of Appeals. certified mail all itgal notices to all abutters, and 1 then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)fbr mailing of decisions to all i whether existing or proposed.a}five or more parking parties In interest as identified in MGLA ch.40A, spaEas: b)wee or more dwNeifing units,and, sec. 11 as listed ort the application.° ZBA Secretary c)2l#DQ square fie�et of a btriidin ar+eer. w l{Com Minor g p�ute-npritf sumps, 1 projects that are fess than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutbem-tio;ZBA Secretary,who will mail asterisks (*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed I 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1)year if not exercised and a new petition must I and/or Land Surveyor, with a block for five (5)ZBA be submitted. signatures and date indicated on mylar. r� 2 Zoning Bylaw Review Form P}� �k Town Of North Andover Building Department # � 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street 33 v#t.3 Map/Lot: Applicant: A-F 4 Request: S c Y ext & c-C- Date: Date: 7-a,y.-o Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area insufficient 1 Frontage Insufficient We5 2 Lot Area Preexisting 2 Frontage Complies e 3 Lot Area Complies - -e;. S 3 1 Preexisting frontage 4 insufficient Information 4 insufficient information B use 5 No access over Frontage 1 Allowed `') e, S G Contiguous Building.Area 2 Not Allowed 1 insufficient Area 3 Use Preexisting 2 Complies a c, 4 Special Permit Required 3 Preexisting CBA 5 insufficient information 4 Insufficient Information G Setback H Building Height 1 All setbacks comply 4 es 1 I Height Exceeds Maximum 2 Front insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient information G s 5 Rear Insufficient 1 Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 insufficient Information 2 Coverage Complies Lis g D Watershed 3 Coverage Preexisting 1 Not in Watershed 'L-[ e' S 4 insufficient Information 2 In Watershed j Sign 3 Lot prior to 10124{94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district eS 2 Parking Complies LA e,! 3 Insufficient Information 3 Insufficient Information 4 Pfe-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot AM Variance W i D T Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign j Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit -Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and begin the permittingg process. Building Department Official Signat Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: 0✓'" A.XdO f- 22A.00,q 6 UJA 2 I A-,7 C te- Co P- o 4- v/11�e 1, 1iµrJ l/J { �i7 rct� ® vim SPA-�fj d S �0'lj w441 Cl U 1 P-C� S WA.6/ p 1e 'e- eAv G)to r-e . ZuNiN 14, c�r �rda •/ �/ �? eNSr�VA- ( �p U iN.r 01(9A.) SS f Referred To: Fire Health Police /nninn Board Conservation Department of Public Works PlanningHistorical Commission Other Building Department 9. Written Documentation A) A single family residence in a R-4 residential district, having met all the dimensional requirements, except the Lot Width Section 7.1.2 B) The parcel in question was originally a three lot parcel, each lot having the necessary dimensions and requirements. The personal residence at 103 Putnam Road was built on one lot, and on a portion of the second lot,thereby proposed as Lot 1,together with the Petitioner creating Lot 2, containing 20,827 sq.ft with the remaining land. Granting the Variance will affect this parcel and not affect the Zoning District. Q The Petitioner has been taxed as 3 separate parcels by the Town, for 50 years. The literal enforcement of the eighty(80) feet width requirement would prevent the creation of 2 lots, and leave the single family residence at 103 Putnam Road,with a 33,827 sq. ft. lot, in a Zoning District R4 which requires a minimum lot area of 12,500. D) The Variance sought will allow a single family residence, on a 20,827 sq. ft. lot, in a R4 district having a minimum lot area of 12,500 sq. ft. The minimal variance of approximately 20 ft,will allow a driveway only at the narrowest width of the lot, and will not be detrimental to the area, or the public good. E) The granting of a 20 ft. Variance of the 80 foot width requirement will not nullify or derogate from the intent or purpose of the Zoning ByLaw. The purpose of the ByLaw prevents establishing so-called"pork chop"lots. Town of North Andover Zoning Board of Appeals Parties of Interest/Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,notwithstanding that the land of any such owner is located in another city or town, and the planning board of every abutting city or town." Applicant's property,list by map, parcel, name and address(please print clearly and use black ink) MAP PARCEL NAME ADDRESS 21 31 &37 Mary A. Stella Realty Trust II 160 Common Street 45 A 32 Lawrence, MA 01840 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 45A 3 Dennis A. Moriarty 193 Greene St.,N.A. 01845 45A 29 Radcliffe Family Living Trust 90 Putnam Rd.,N.A. 01845 45A 30 Bernard, Jr. &Elizabeth Silva 106 Putnam Rd.,N.A. 01845 45A 31 David&Ann M. Boudreau 165 Greene St.,N.A. 01845 45A 33 Robert N. &Mildred I. Hertrich 171 Greene St.,N.A. 01845 45A 34 Patrick S. &Carol P. Whitley 183 Greene St.,N.A. 01845 21 27 George&Clara Nussbaum 55 Mifflin Dr.,'N.A. 01845 21 28 76 Putnam Road Realty Trust 76 Putnam Rd.,N.A. 01845 21 29 Francis P., Jr. &Laura MacMillan 84 Putnam Rd.,N.A. 01845 21 30 John B. &Nancy N. Bartlett 92 Putnam Rd.,N.A. 01845 21 32 Edwin W. &Margaret M. Miller 85 Putnam Rd.,N.A. 01845 21 33 Richard N. Lee&Valerie J. Randall 75 Putnam Rd.,N.A. 01845 21 34 Frances R. Sergi 41 Mifflin Dr.,N.A. 01845 21 35 Salvatore J. Sergi 37 Mifflin Dr.,N.A. 01845 21 36 Kamal Realty Trust 151 Tremont St., Boston,MA 02201 21 38 Frederick M.&Dorothy M. Campbell 15 Douglas Rd.,N.A. 01845 21 39 Fabio Spino&Teera Jennings 23 Mifflin Dr.,N.A. 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: —/-- DATE: SIGNift 1 -7( 310.3 Certified Board of sses o h Andover PAGE 1 OF 1 C:\Land Projects R2\02-93\dwg\Abuttersr.doe DOUGLAS ROAD 7, 1 .MAP 21 LOT 39 Pi AN FENTITJ.FASIO SPINO 3PLAN ENTT1 ED 'PLAN ANO PROFlLES OF A PORTION o7F MIFFLIN 44 L-17.89' R-208.49' YE�JENNINGS PARK, NORTH ANDOVER, MASS", SCALE: 1'=40', DATED OCT. 1946, 0.14' 23 MIFFLIN DRIVE APPROVED BY THE NORTH ANDOVER PLANNING BOARD NOV. 18, 0.41' rn ost o.220DRILL HOLE IN .40'�C. 1946, RECORDED AT ESSEX NORTH DISTRICT REGISTRY OF DEEDS 20.Op' W CONC.BOUND FOUSOUNp AS PLAN No. 1780. 1FOUND I 0.LIS D FT) RFFFRFN.F• FOUND coNc. a_ _ r I 8 3 LQGIS E.N.D.R.D BOOK 4420, PAGE 326 aD 'T rr b CONC.BOUNb PUTNAM D.M. IN STONE $ FOUND n ASSESSOR'S REFERENCE: ROAD BOUND FOUND R M SEE DETAIL 1p MAP 21 LOTS 31 & 37; MAP 45A, LOT 32 � o' 0 1Mb rn � < DETAIL A DETAIL B DETAIL C DETAIL D Z ; LOCUS PLAN'It>t NOT TO SCALE NOT TO SCALE ^ NOT TO SCALE I NOT TO SCALJ t-t MAP 21 L01 .111 •� �r "� FREDERICKS DOUGLAS ROAD M DOROTHY M.CAMPBELL MAP 21 LOT 35 ?'i' SERGI EN.D.R.D. BOOK 1118 PAGE 425 QP SALVATORE J. MAP 4SA Lor 3P' '% 37 MIFFLIN DRIVE TYP. HOUSE SECTION DENNISG 193GE MOTRE TY GREEN STREET �• �. 6CN8 1,614y EN.D.RD.BOOK 4492 PACE 164 P MAP 21 .S GI 441 MIFFLIFRANCES N DRIVE q _ N7g0 _ P \ D06CAS_ (PR"yAt� \\_, 1_`_ _ � ��s�•�' MAP 21 LOT 36 t CERTIFY THAT i HAVE CONFORMED - `�♦ LINDAK3 JOHAMAL REALTYN l TRUST EES WITH THE RULES & REGULATIONS OF AV 151 TREMONT ST„BOSTON. MA,02201 THE REGISTERS OF DEEDS IN \ E.N.D.RD.BOOK 5503 PAGE 10 PREPARING THIS PLAN. A"Q�'49' 'la• ° 03.88�\ BUILDING SETBACK DRILL MOLE Il89, F ROUND \\ \\, •b UNE (TYP.) ,y$'� RICHARD N. 33 3 - 0i JOSEPH A. ESPOSITO DATE aND BOUND (SEE DETAIL Dy \\, F' -- VALARIE J.RANDALL -' 75 PUTNAM ROAD 1C ry^Oi la! (SEE DETAIL Dy ' .. goodi BE RIDAOVEDC AD T 70 `~ 32 sy BE OCATm TOWN OF NORTH ANDOVER. MA �• ZONING BOARD OF APPEALS APPROVAL --P1Lf��Y''ai�- MAP 45A LOT 34 PATRICK S.3 CAROL P.WHITLEY •� __�� EN.D.RD BOOK�STREET PACE 289 '1}ISO� f .....f.. � .LOT NAM AT >+ o LOT MO-POINT _ - UN_ 20.627 A --- {�. 20.827 S.F. L t / �b•�P0 0.4713.ACRES POSER \1 NARROWEST LOT HYDRANT CIA s 1, WIDTH-S&98' D.H.IN STONE DATE "' — I MAP 21 Lor 32 BOUND FOUND- N 0,9142 tr \ \ EDWIN ROAD ILLM 83 3UTNAM ET M PtlE10 TOWN OF NORTH ANDOVER_ MA Lar 1 rm. \ CN.D.R.D.BOOK 765 PAGE 226 PLANNING BOARD APPROVAL UNDER Nei r BOUND 13.000 SNF, `'' F �Y� SUBDIVISION CONTROL LAW NOT REQUIRED (� y 0 LOOSE 0.298 ACRES �Y MAP 2t Lor 28 •pp STONE S S• 3' 76 PUTNAM RD.REALTY TRUST i \0" •••* ANN L TREMBLAY,TRUSTEE M R 76 PUTNAM ROAD C C V. CK 13.3 - I E%ISTING 1 STORY ( y� MAP 45A LOT 33 WOOSTORY D GARAGE I WOOD FRAME RESIDENCE 5 ROBERT N. 3 MK.DRED L. HERTRICH .....\ S i 171 GREENE STREET •••••••••••f I %,... � •. E.N.D.R.D.BOOK 713 PAGE 115 C r Lti"i1'•�41I1Ii...(31L ao Y Z` �� \�1O G.► DATE/103 I a N 'M F'/ I�g1• S�Dap 1n 76.6' 9 D.H.IN STONE Z Z a�g"ate''p BOARD OF APPEALS PLAN (SEE DETOU AAIL ND .. �o I.y2 Agar yed w u4E + Op / ZONING DISTRICT: R4 NORTH ANDOVER, MASSACHUSETTS O.H.IN STONE 31 BOUND FOUND- 1-"'`t 0 9a MINIMUM LOT AREA: 12,500 S.F. AS PREPARED FOR ttEtO N�µr Rs3g0 MINIMLHi LOT FRONTAGE too• MARY A. STELLA REALTY TRUST I 100.00' 7.3Q'4o' MINIMUM FRONT SETBACK: 30 JANET KLISKA, TRUSTEE S 2024'50" W 20.00' L-97.98' MINBWM SIDE SETBACK: 15' 120.00' W 1 C STELLA LA 60 COMMON ST EJDsi. fO`QRA11N_~ D MINIMUM REAR SETBACK: 30' /d »LAWRENCE, MA 01840 U W55 Po 1 MINIMUM LOT WIDTH: 80' wAr'—'--ER MAaN FOS( +G W W --��_ Ito PEMBROKE LAND SURVEY CO. (SEE DETAIL A) lot) MAP 21 LOT 30 PO BOX 205 SALEM. NEW HAMPSHIRE 03079 'S �' Soy A) * JOHN B. 3 NANCY R BARTLETT PO BOX 491 NEWBURYPORT, MASSACHUSETTS 01950 Y w 92 PUTNAM ROAD SS—SS WA _ Q----SsT9N0 SAN.SEWER (PURL•IC_ GRAPHIC SCALE TEL. 603 898-4701 PUTNAM SCALE DATE DRAWING No. �. U711 tTY NOTE• 1 IN. - 20 FT. JUNE 27, 2003 M-1389—L /106 ALL um TIES TO BE INSTALLED IN ACCORDANCE WITH THE REVISIONS MAP 45A LOT 29 JOB N0. 02-93 MAP 4SA LOT 3I RATCJFFE FAMILY LIVING TRUST ANDOVER .Ti0N6 AND SPT OF P BW WORKS TME TOWN OF NORM MAP 4SA LOT 30 ANDOVER DEPARTMENT OF PUBLIC NSAS THEY PERTAIN TO 7-10-03 OF7T3ET;CHIMNEY 3 STARS ADDED F.B. 80/44 DAVID 3 ANN M.BOUOREAU 90 PUTNAM ROAD 165 GREENE STREET BERNARD.JR.3 AM ROAD :1f1 SILVA MATERANS,METHODS AND WORKMANSHIP. 106 PUTNAM ROAD SHEET Na 1 OF t