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Home My WebLink AboutMiscellaneous - 316 STEVENS STREET EIVED TOWN OF NORTH ANDOVER Tojf&ALKRTMA1T ` w 4 ?w:w ZONING BOARD OF APPEALS 20Q6 BAR 20 PM 1 NAME rzo-v3&t/z i A a 5c'cef;,p J R- ADDRESS OF APPEAL 316 s rary c s Tow, clerk rime Stamp , I Ili ,V4 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(30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules j time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an a _ application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more spec 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 cost of the Party in Interest fee. aetitioner will comalete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of The the Zoni receivers a Zoning Bylaw Denial form completed by the ng 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 petitioner 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 absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 8: DECISION: After the hearing, a copy of the Boards 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 decision 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. I STEP 5• SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10 RECORDING THE DECISION AND PLANS. Th of all the required information to the Town Clerk's Office e petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the Essex County North Registry of Deeds, 381 common of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be{eft with the St., Lawrence MA, and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department.. IMPORTANT PHONE NUMBERS: I 978-688-9533 Office of Community Deva&Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for all Community Development offices j 978-688-9545 Building Department 978-688-9501 Town Clerk's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office PAGE 1 of 4 PAGE 2 OF 4 Date &Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS Pl�asrs I q 'E�fltiovf - - -- - - _ 1. Petitioner: Name, address and telephone number: I XW51"CT— A. osgc�O.D JR . 978 • 98 4 • ?950 l 31 G 57'� S SYrt,6 - AV,tTH MA 0/8z(- '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: _ 1U6eztr /1 - 0-400V J 2 N Nl. o S4aw S s 19�76 . 9 8 g• 950 Years Owned Land: '7 3. Location of Property: a. Street: 3 16 5V_&V&7us Zoning District ' Z b. Assessors: Map numberg5 Lot Number: G c. Registry of Deeds: Book Number 57 q-3Z Page Number: Z C 4. By-Law Sections under which the petition for the Special Permit is made. S�-TZ ary 'j, 2 A-f—V 77�6c.&— Z . "Refer to the Permit Denial and Zoning BY-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: A-L,7zne_& .ops a-jc- e/Lt'• �c isr�ti`4' lV oN'- CdryFj-,K yaC1 G S�y c-7CY&- "The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. t s Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear 7 50a1-s.tw N� Nf& % Z3 ;& N/A ZZ` 9J ' 1JJ 6B. Proposed Lot(s): ("0 C-ff"W3)-- [-ce*107"15;1 Oer f3 Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B� Rear 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear �f 3�56o tJ�f _% 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building" of Units*" "Reference Uses from the Zoning Bylaws&Table 1. *"State number of units in building. 4 E 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building" of Units*" r (g SG Z 3��a I *Reference Uses from the Zoning Bylaws&Table 1. *"State number of units in building. Sl. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal be the Zoning 'cation as incomplete. Si nature Pc.r Type above name(s) here ?' A-• a SG'G� A f PAGE 4 OF 4 SPECIAL. PERMIT 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Special Permit must be supported by a I) Size of plan: Ten (10) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"07", preferred scale of 1"=40' detail all fads relied upon. When requesting a Special H) One (1) Mylar. Permit from the,requirements of,MGLA dh.40A, and the III) Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five (5)ZBA signatures and date indicated on the supported. All points, 1-6, are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: I) Site Orientation shall include: 1. The particular use proposed for the land or structure. 1. north point 2. The specific site is an appropriate location for such 2. zoning district(s) use, structure or condition. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands (if applicable) vehicles or pedestrians. 5. abutters of property,within 300radius 4. Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure S. The use is in harmony with the purpose and intent of t 7. deed restrictions, easements Zoning Bylaw. 11) Legend& Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines & outlined in red required by the particular Special Permit for which 2. Existing features to be removed in clashed lines this application is made (i.e.the Earth Removal 3. Graphic Scales Special Permit has unigiae criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days Minor projects, such as decks, sheds,and garages, 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 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a involves new construction/a conversion/and/ora pp p proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841'for the cost of first class. certified. 10 A. Major Projects return receipt ($4.42 as of November 2003)x#of all Major projects are those which involve one of the parties in interest identified in MGIA ch. 40A §11 on the abutter's list for the legal notice check. Also. the following whether existing or proposed: applicant shall supply first class postage stamps 1)fide or more parking spaces. (currently 37c) x the#of parties of interest on the I1)three (3) or more dwelling units, abutter's list for the decision mailing. 111) 2000 square !eget of building area. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies Major Projects shall require that in addition to the above t features, plans must show detailed utilities, for lhe Legal mailing and one copy for the Decision soils, and for e topographic information. C. See 2005 Revised Fee Sched-ale. j i x444 A Special Permit once granted by the ZBA ! will lapse in 2 (two) i p ) years if not exercised and a new petition must be submitted. f- P i .la wwwNina � wN + mawN + > � � .•,� '�� ell Irgt + YNi YN + �. YNi —. ♦ YI►t + = #.YNi � wa. YNi EL a 3 N Finn k view Narrvi" The following nemtive is provided to how go&the teem for dmW forth&SMkOW permit for the property ieon the reverse aide: Mwn I�itMllllirTDmMli C-2 A Variance for the fron setback isiced through H-1 A Variance for the nronosed re-built sin le__fam;l dilelling in- -- _nired ' Bard of der Section 7.4.- Section 2.27, & Table 2 B-4Permit-f-ara-exis i on-conformin anti Int ig _rj=nirt-d-i-hrnjiffh the Zoning Board of Apipeals under Section 9.2 of the Zoning Bylaw Referred To: Fire FNt+Nh Police zorft ConsarvBUM Dopwomtof pwft Vftm Plenn' F!>aoCOnMn "" other KNLDWQ DEPT To: Town of North Andover Zoning Board of Appeals From: Robert A. Osgood 316 Stevens Street North Andover,MA 01845 Date: 15 March 2006 (one page total) Subject: Special Permit to alter and extend pre-existing,non-conforming structure on a pre-existing non-conforming lot subject to Section 9.2 1 My particular variance request is for construction of a non-conforming structure (frontage setback)on a pre-existing,non-conforming lot(area). As set forth above,the proposed conditions are no more non-conforming than those presently existing. A minimum setback of 30 feet is required. The pre-existing(and proposed)minimum setback is 22 feet. Current zoning requires a lot area of 43,560 square feet. The existing lot area is 37,500 square feet(this area was conforming at the time of original subdivision and construction of the property). 2.This site is an appropriate location for the proposed structure and condition because the proposed dwelling will replace an existing,non-conforming dwelling in essentially the same location(frontage setback and ridgepole height above grade)on an existing residential parcel. 3.There will be no nuisance or hazard to vehicles or pedestrians because no obstruction or increase of existing use of the public right of way is proposed. 4.Adequate and appropriate facilities will be provided for the proper operation proposed use because no change of the existing use is proposed. Existing public and utilities are presently available. New service connections to the proposed dwelling may be made without undue disturbance to or construction within the existing right of way. 5.This use is in harmony with the purpose and intent of the Zoning Bylaw because the proposed dwelling will replace an existing dwelling, without imposing further burden on municipal resources or the character and density of the neighborhood. 6.The unique criteria of the applicable Zoning Bylaw section appear to impose no special conditions. No earth removal or other significant change to the use or condition of the property is proposed. The placement of the proposed dwelling within the same footprint as the existing non-conforming dwelling minimizes both the duration and the extent of construction while effecting no significant change in the long term use of the property(a single-family residential parcel in a single-family residential neighborhood). 1 John Dick PLS - 48 Hathorne Street- Salem, Massachusetts 01970 b � V a� i y Ax Vh , :. t r` k Ek existing grade north of existing dwelling John Dick PLS - 48 Hathorne Street- Salem, Massachusetts 01970 i 411 t. u r r a 3 w t r » Ty' �3 , N { ^z r looking south along Stevens Street(note retaining wall to remain along frontage) i I 11 Al A JL r77f 1 74 �1_T _ _ _-----------� ---------- -r FLO N tZ El-t t.111.IC l.I t -OTAL g�F CONTRACTOR TO VERIFI/ ALL 817E CONDI7tONSANp DIMENSIONS IN FIELD . DO NOT SCALE DRAWMU s . _ hdww&L I -H T ',, '�% i t i i i 1 �.�..r.w.wn• .y..•.;r...,b........:.,.u.. ; ,:n.�nzx.-rx9w..dtyren..Htbw^r?b'+A[?�vY:..^wwra+«.'xin�`•ybs!r:'.)G...i 4. -tia+'far-'+,w,tiwn- M.NR .c,.4>YY#'Rm;..m�s�: QUITCLAIM DEED BK 5432 PG 20 Maureen V. Cavanaugh of North Andover, Massachusetts for consideration paid of Two Hundred Forty-Five Thousand Dollars and No Cents ($245, 000.00) -sr grant to Robert A. Osgood and Ann M. Osgood, husband and wife, (J tenants by the entirety with QUITCLAIM COVENANTS, MAY 17 PW PNP: The land with the buildings thereon situated in North Andover, in said County, shown as Lot #1 on "Plan of Land in North Andover, Mass . , dated 7/26/66" recorded with North District Essex Registry of Deeds as Plan No. 5520 . Said lot is more particularly bounded }•1 and described as follows: GC w WESTERLY: by Stevens Street 230 feet, , more or less; NORTHWESTERLY: by land now or formerly of Lawlor 155 feet, more or °i less; a� Q rA NORTHEASTERLY: by Pleasant Street 7 feet, more or less; M a EASTERLY: by Lot #2 on said plan 270 feet, more or less; and d � SOUTHERLY: by Lot #2 on said plan 150 feet, more or less. 1 .. The Southeast corner and the Southwest corner of the premises ' are 25 feet from land of Steven and the Southerly line of the d granted premises is parallel with the Southerly line of the remainder of the land now or formerly of Wood. See Plan No. 2575 recorded with the North District Essex Registry of Deeds. , There is appurtenant to the above described premises an easement for sewer purposes from Pleasant Street to the granted premises as more fully described in a deed from Wood dated July 30, 1966 and recorded with said Registry in Book 1066 , Page 45 . H _R 0 UWP i � X p 94 g Cr ca U -3 Od:O a , 9 tnt� :so f►.tt�. -+ted.%.16 46 p 0 clt�aA,1c.•.HALM to•�b ,t ;{ f�rrres p41M5 B Neve/75 � 26o t r LP, LOT 2 421; 6sa `00 h N m Q i LOT 1 N, . 37' 50 ,p o Ii- 3„r-� ....230'- sr 'PAllr? .---.--b---b---r e•. 5 �... .. •........ 152. L3 r�i�, STEV N s rl► �� OF III � C. N MARTIN ISTS O PLAN NDIMQTN0 BOARD . CON YAL NORTH MASS UNDER BUBDIYISIOtf CONTROL � LAW NOT REQUIRED PLAINT C BOARD OF Wort-r" y4woovattl 14ga4 owN0o $Y b 0zRRT m,4 v0Ro r S.W000 A,N aim rr> S P/4VOOs&ID Scq)-1~ )'- 5o' 4.51joT 1946 13Rg35f=U2 lqSSortWTrzS Go :% 1514IL.E Y :Sr Nps 23r. 144VZRHIL.L, A ASS Abutter to Abutter( ) Building Dept. ( ) Conservation (�) Zoning (� Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 95 6 Robert A Osgood 316 Stevens Street North Andover,MA 01845 Abutters Properties MaD Parcel Name Address 95 7 Brian Lawlor 5 Rose Lane Boxford,MA 01921 95 8 William Melvin 271 Stevens Street North Andover,MA 01845 95 24 Compass Properties PO Box 474 North Andover,MA 01845 95 71 Richard Webster 320 Stevens Street North Andover,MA 01845 96 2 Edward Stevens 72 Great Pond Rd North Andover,MA 01845 96 73 Trustees of Reservation 575 Essex Street Beverly,MA 01915 96 74 Kathryn Hughes 311 Stevens Street North Andover,MA 01845 96 75 Marcus Smith 325 Stevens Street North Andover,MA 01845 Date 10/26/2005 Page 1 of 1 This certifies that the names appearing on the records Iof the Assessors as of 'j'. Certified Date id y6 /J Stevens Fond J11.0 � d22 Ii 24 � 41 886 of 4 9 16.160 a ,19,870 ��i . 28.880 ,es• Q Lacy n LAwO 7 6 ,0.3785 ac 37,500 st 'J 21 SrEVtNS 72 M��N SrREE� 42,464 at / h9 0-957 at 13 aaxsx ae 4 O 10 Z 39aes 5+ Q OL w 20 Ul 9 32,174 at QJ 15 .._.._- 19.99 AL Gc�.S4.12 At � J46105 �. 4 s n 0.76 AC �~`y``•`_ 31 t 7c ,..�. 0.65 AC 77 . 5 ''•.`_ __.. (2-1S V,+iVr-75 cr 66 \_ 73 a r.�\ ese Aa c; 9.6 AC rp SEE PI #13236 Q o' t1. w (f> 33 34 36 35 4.91 AC ,56 AC: 71,270 ,7T 0 AL1 ro.Aa — C A p _.._.... . 40 37 76 39 �I FI 2001 4Atu DMWN BY FMW5 S.GN_ES. P.I.S. Sf'AF F Vii0 F E El =_ 1 I Chi u7 EN15 AHE s�7a oN�r Nor roR sLRWY PuRP05[: M Gr Ph�P S F F Sy� 14hl rJ �4 OaC 4 �A a IL i-U171MAXV41111ga ku.w1.1Ti./ - Abbreviated Notice of Intent 242-1346, 1160 Great Pond Road—Brooks School (Brooks School) (Rist-Frost-Shumway Engineering, P.C.) (cont. from 2/8/06) Notice of Intent(s) 242-1208, Foster Farm Elementary School(N. Andover Building Committee)(DiNisco Design)(cont. from 1/25/06) 242-1347, 492 Sutton Street— Lawrence Municipal Airport Vegetation Management Plan (Lawrence Municipal Airpo (Dufresne-Henry,Inc.)(cont.from 2/8/06) Decisions Lot 1 Great Pond Road 1160 Great Pond Road-Brooks School(draft) ,� - 3 Z;(IABD OF1PPk_ALS fi8�--954] BUILDI?�iG 63x-J535 Ct�NSERVAT'IOt�i GSli 95�J H}AI:LH 6:S!i-)�4Q PL.-ANV[NG 6�8-95.5 MORTH Town of North Andover ' Town Qerk Tune Stamp t s !H ? re 3 Office of the Zoning Board of A ea .C'EIY F - r Community Development and Servicfvicrn ' 0 1 400 Osgood Street North Andover, Massachusetts(406MAR 22 Gerald A. Brown Telephone (978)688-9541 #?N:1 , Inspector of Buildings Fax (978)688-9542i !-!n'o 5 „ Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 11 th of April 2006 at 7:30 PM to all parties interested in the application of Robert A. Osgood,Jr.,316 Stevens Street(Map 95, Parcel 6),North Andover requesting dimensional Variance from Section 7, Paragraph(s) 7.3 & Table 2 for relief of the front setback, and from 7.4 and Section 2, Paragraph 2.27, &Table 2 for relief from the building height requirements of the Zoning Bylaw in order to raze and rebuild a single-family dwelling, and for a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a pre-existing, non-conforming structure on a pre-existing, non-conforming lot.. Said premise affected is property with frontage on the East side of Stevens Street within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 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 March 27&April 3, 2006. Legalnotice 2006-009. M95P6. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 97&688-9535 Town of North Andover Office of the Zoning Boardof A AIVED Community Development and Ser � 400 Osgood Street WAY ..2 PM 4: 24 Gerald A.Brown North Andover,Massachusetts Inspector of Buildings TOWN OF Telephone(978)688-9541 NORTH ANDOVE (978)688-9542 MASSACHUSETTS Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2066 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A,§17 Property at: 316 Stevens Street NAME: Robert A.Osgood,Jr., IiEARING(S): April 11,2006 ADDRESS: 316 Stevens Street PETITION: 2006.009 North Andover,MA 01845 TYPING DATE: April 21,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120RMain Street,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of Robert A.Osgood,Jr.,316 Stevens Street(Map 95,Parcel 6),North Andover requesting dimensional Variance from Section 7,Paragraph(s)7.3&Table 2 for relief of the fi mt setback,and from 7.4 and Section 2,Paragraph 2.27,&Table 2 for relief from the building height requirements of the Zoning Bylaw in order to raze and rebuild a single-family dwelling,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a pre-existing,non-conforming structure on a pre- existing,non-conforming lot. Said premise affected is property with fivritap on the East side of Stevens Street within the R 2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The following voting members were present: Ellen P.Mclutyre,Joseph D.LaGrasse,Richard L 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 a by David R.Webster the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 8'from the finrn setback and from Sections 7.4,2.27 and&Table 2 for relief of 1.1'from the height requirement in order to raze and rebuild a single family dwelling,and upon a motion by Richard L Byers and 2"d by David R.Webster,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a preexisting,non-conforming single family dwelling on a pre-existing,non-conforming lot per. Site: 316 Stevens Street PJap,95,Parcel 61,North Andover,MA 10845 Site Plan Title: Plot Plan,316 Stevens St.,North Andover,MA,prepared for,Robert A- Osgood, Jr.&Ann M Osgood Date(&Revised.Dates): 30 J 2006 Registered Professional John Gilbert Dior,P.L.S#32657,48 Hathorne St.,Salem MA 01970 Land Surveyor Building Plan Title Residence for Robert&Am Osgood,316 Steams Street,N.Andover By: G.L Bruno,G.L Bruno Associates,Residential Designers,28 Berkeley Road,N.Andover MA 01845 Date: 9-24-05 Sheet/Drawing: Al-A4,Job no. 1039 Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 ti . k Town of North Andover p �Laa R. 6 Office of the Zoningais Community DevelopnTWAY bivision _ �•,�. 400 �> ��s Gerald A.Brown North Andov uf2t� Inspector of Buildings Telephone(978)688-9541 TOWN OF Fax(978)688-9542 NORTH ANDOVER MASSACHUSETTS Voting in favor of the petition: Joseph D.I,aGrasse,Richard J.Byers,Albert P.Manzi,III,and David R Webster. Voting against the petition: Ellen P.McIntyre. The Board finds that the particular circumstances of 316 Stevens Street relating to topography are that the lot falls abruptly away from the road requiring a retaining wall along the from lot line and requiring the existing(and proposed.)basement floor to be build 22'from the road in order to be above the high groundwater. The Board finds that the placement of the existing remaining structures,the pool,patio,& shed,block the new dwelling being moved to the right. The Board finds that the applicant would need excessive amounts of fill to create a platform to allow the new dwelling to be rebuilt 30'from the road and 35'high at grade. The Board finds that the Plan of Land in North Andover,Mass owned by Robert M.& Dorothy S. Wood,Planning Board Approval Not Required 8-22-66 N.E.RD.Plan#2250 shows the existing foundation,retaining wall,and lot lines. The Board finds that the proposed dwelling height of 36.1'at roof ridge shall not be higher nor the 22'front setback greater than the existing single family dwelling per John Gilbert Dick's statement. The Board finds that the slope and high groundwater affect this parcel,but not the R-2 zoning district in general. The Board finds that the literal enforcement of 7.3, 7.4,2.27&Table 2,adding enough fill to create a plateau,would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or spoken opposition.The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the zoning bylaw and that this proposed razing and rebuilding of a single-family dwelling. The Board finds that 316 Stevens Street is an appropriate location for a single-family dwelling,that this use,as developed, will not adversely affect the neighborhood,nor will there be any nuisanoc or serious hazard to vehicles or pedestrians. The Board finds that adequate and appropriate facilities will be provided for the provided for the proper operation of the proposed use,that utilities and off-street parking are provided. The Board finds that this use is in harmony with the general purpose and intent of this Bylaw,and that this change,or alteration,shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, pj�.� fy�� Ellen P.McIntyre, Decision 2006-009. M95P6. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 97&688-9535 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner If your cursor- p rty (" different from applicant): do not use the Robert Osgood Same return key. Name Name 316 Stevens Street Mailing Address Mailing Address North Andover MA. 01845 City/Town State Zip Code City/Town State Zip Code rehrm 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: RDA 11/28/05 Title Date Exhibit Plan 11/08/05 Title Date Exhibit Plan revised 12/7/05 Title Date 2. Date Request Filed: 11/28/05 B. Determination Pursuant to the authority of M.G.L.c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): demolition of an existing single-family dwelling for the construction of a new single-family dwelling within the Buffer Zone to a Bordering Vegetated Wetland. Project Location: 316 Stevens Street North Andover Street Address City/Town Map 95 Parcel 6 Assessors Map/Plat Number Parcel/Lot Number wpaformZdoc•rev.3/1/o5 Page 1 of 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands nds Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling,dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s)is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc-rev.3/1/05 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). See attached condition ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.311/05 Page 3 of 5 Massachusetts Department of Environmental Protection �— Bureau of Resource Protection -Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetland Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on [Z' by certified mail, return receipt requested on /f/v�e(e Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(seAAttachment)and the property owner(if different from the applicant). .w- Signatures: ' k i Date wpaform2.doc•rev.3/1/05 Page 4 of 5 Massachusetts Department of Environmental Protection �— Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Attachment)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.311105 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands fDEP Regional Addresses Massachusetts W tland r 4 �LLWetlands Protection Act M.G.L. c. 131, § 0 Mail transmittal forms and DEP payments,payable to: Commonwealth of;Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2.doc•DEP Addresses•rev.1016104 Page 1of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form �\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code Phone Number Fax Number(if applicable) Project Location rehrm Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Attachment A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 2 Town of North Andover Office of the Conservation Department °f Community Development and Services Division # a' " # 400 Osgood Street S�ACwOk�� North Andover, N4assachusetts 01845 Conservation C'ommis4ion 'Telephone(978)688-9530 Fax(9778)688-9542 NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 316 Stevens Street, North Andover Robert Osgood (Applicant) At the December 28, 2005 Conservation Commission public hearing the North Andover Conservation Commission (NACC) voted unanimously to issue a Negative Determination of Applicability to raze and reconstruct a single-family house with an attached garage and driveway extension within the buffer zone to a Bordering Vegetated Wetland. In addition, the existing driveway along the northeast corner will be removed and landscaped to lawn (grass). There will be no new grade changes made. Record Documents: Request for Determination of Applicability, received November 28, 2005. Addendum to the Request for Determination of Applicability, prepared by John Dick, PLS dated December 21, 2005. Site plan entitled, "Exhibit Plan', prepared by John Dick, PLS, dated November 8, 2005 with revisions made through December 21, 2005. Plans stamped & signed by John G. Dick, PLS. Pre-Construction Conditions: 1. The NACC finds that the intensive use of the upland areas, and Buffer Zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No- Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area (BVW). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appetulix F of the local Regidatiotts). 2. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands,as shown on the record plans. The erosion control 101, .1PI'I ti r -<)5-(.I 10,H OINO 6,"— 545 CONSER V;\110N e),8-05_,W I J}i:11.l71 i 88-0.540 H ANN IN( OR-95_» barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 3. Additional erosion controls or adequate check dams shall be installed to the left of the proposed driveway to prevent any soils from entering onto Stevens Street. 4. Immediately following completion of the above-mentioned items, the applicant shall contact the Conservation Department to schedule an on-site meeting. The applicant and contractor must be present at the pre-construction meeting. This Negative Determination shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Determination resulting from failure to comply with its conditions. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 48 hours). Post Construction: 5. Upon completion of the single-family house, all disturbed areas shall be stabilized permanently against erosion. 6. Upon completion of the project the applicant shall submit a written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission; 7. The above statement will accompany an "As-Built" plan prepared and signed and stamped by a Registered ProfessionalCivil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. 8. The Conservation Department shall be notified upon completion in order to conduct a final site inspection. 2 F Town of North Andover Office of the Zoning Board of A ;BIVEf Community Development and Serps1 _ + 400 Osgood street PI AY -2 PM 4: 24 � Gerald A.Brown North Andover,Massachusetts Inspector of Buildings T 0 W H OF Telephone(978)688-9541 NORTH ANDC Vj7§ax(978)688-9542 MASSACHUSETTS This is to certify that twenty(20)days shall be filed within Notice of Decision have elapsed from date of decision,filed Any appealshallfiling ofan a e I. (20)days after the date of filing Year 2086 Date— .�3,-�0� of this notice in the office of the Joyce A,Bradshaw Town Clerk,per Mass. Gen.L.ch. Town Oerk 40A,§17 Property at: 316 Stevens Street NAME: Robert A.Osgood,Jr., HWARI NG(S): April 11,2006 ADDRESS: 316 Stevens Street PETITION: 2006-009 North Andover,MA 01845 TYPING DATE: April 21,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120RMain Street,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of Robert A.Osgood,Jr.,316 Stevens Street(Map 95,Parcel 6),North Andover requesting dimensional Variance from Section 7,Paragraphs)7.3&Table 2 for relief of the fitant setback,and from 7.4 and Section 2,Paragraph 2.27,&Table 2 for relief from the building freight requirements of the Zoning Bylaw in order to raze and rebuild a single-family dwelling,and for a Special Permit frcum Section 9,Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a pre-existing,non-conforming structure on a pre- existing,non-conforming lot. Said premise affected is property with frontage on the East side of Stevens Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general cxraslation in the Toren of North Andover,on March 27&April 3,2006. 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.Vailtancout,and Daniel S.Braese. Upon a motion by Richard J.Byers and 2"d by David R.Webster the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 8'from the front setback and from Sections 7.4,2.27 and&Table 2 for relief of 1.1'from the height requirement in order to raze and rebuild a single family dwelling-,and upon a mouton by Richard J.Byers and To by David R.Webster,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a pre-existing,non-conforming single family dwelling on a pre-existing,non-conforming lot pet- Site: erSite: 316 Stevens Street WV 95,Parcel 6],North Andover,MA 10845 Site Plan Title: Plot Plan,316 Stevens St.,North Andover,MA,prepared for,Robert A- Osgood, Jr.&Ann M.Osgood Date(&Revised Dates): 30 January 2006 Registered Professional John Gilbert Dick,P.L.S#32657,48 Hathorne St.,Salem MA 01970 Land Surveyor Building Plan Title Residence for Robert&Ann 2N2A 316 Stevens Street,N.Andover By: G.J Bruno,G.J.Bruno Associates,Residential Designers,28 Berkeley Road,N.Andover MA 01845 Date: 9-2405 S Al-A4,Job no. 1039 Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Platming 978-688-9535 Town of North Andover Office of the Zoning Peals Community Develo„ynT �s Division = ; 1 400 � 4 �sswc Gerald A.Brown North Andover�� u�sl 'f�tts'AS E. Inspector of Buildings Telephone(978)688-9541 TOWN OF Fax(978)688-9542 NORTH ANDOVER MASSACH-USIETTS Voting in favor of the petition: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R Webster. Voting against the petition: Ellen P.McIntyre. The Board finds that the particular circumstances of 316 Stevens Street relating to topography are that the lot falls abruptly away from the road requiring a retaining wall along the from lot line and requiring the existing(and proposed)basement floor to be build 22'from the road in order to be above the high groundwater. The Board finds that the placement of the existing remaining structures,the pool,patio,& shed,block the new dwelling being moved to the right. The Board finds that the applicant would need excessive amounts of fill to create a platform to allow the new dwelling to be rebuilt 30'from the road and 35'high at grade. The Board finds that the Plan of Land in North Andover,Mass owned by Robert M.& Dorothy S.Wood,Planning Board Approval Not Required 8-22=66 N.E.RD.Plan#2250 shows the existing foundation,retaining wall,and lot lines. The Board finds that the proposed dwelling height of 36.l'at roof ridge shall not be higher nor the 22'front setback greater than the existing single family dwelling per John Gilbert Dick's statement. The Board finds that the slope and high groundwater affect this parcel,but not the R-2 zoning district in general. The Board finds that the literal enforcement of 7.3, 7.4,2.27&Table 2,adding enough fill to create a plateau,would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or spoken opposition.The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the zoning bylaw and that this proposed razing and rebuilding of a single-family dwelling. The Board finds that 316 Stevens Street is an appropriate location for a single-family dwelling,that this use,as developed, will not adversely affect the neighborhood,nor will there be any nuisance or serious hazard to vehicles or pedestrians. The Board finds that adequate and appropriate facilities will be provided for the provided for the proper operation of the proposed use,that utilities and off-street parking are provided. The Board firms that this use is in harmony with the general purpose and intent of this Bylaw,and that this change,or alteration, shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore if the rights authorized b the Variance are not exercised within one 1 year of the date of � y ( )y 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, I Ellen P.McIntyre,Chair Decision 2006-009. M95P6. 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 N* Town of North Andover Office of the Zoning Board of A 1V E q %Community Development and Ser 1`� 90'W" •�' - 400 Osgood Street gffiPAY —2 PM 4: 2 ACHU Gerald A.Brown North Andover,Massachusetts Inspector of Buildings TOINNI O Telephone(978)688-9541 NORTHANDOVITIax(978)688-9542 MASSACHU L. ' Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Proat: 316 Stevens Street NAME: Robert A.Osgood,Jr., HEARING(S): April 11,2006 ADDRESS: 316 Stevens Street PETITION: 2006-009 North Andover,MA 01845 TYPING DATE: April 21,2006 The North Andover Board of Appeals held a public bearing at its regular meeting in the Senior Center, 120RMain Street,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of Robert A.Osgood,Jr.,316 Stevens Strom(Map 95,Parcel 6),North Andover requesting dimensional Variance from Section 7,Paragraph(s)7.3&Table 2 for relief of the front setback,and fi+om 7.4 and Section 2,Paragraph 2.27,&Table 2 for relief ftm.the building bight requirements of the Zoning Bylaw in order to raze and rebuild a single-family dwelling,arab for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a pre-existing,non-conforming structure on a pre- existing,non-conforming lot. Said premise affected is property with frontage on the East side of Stevens Street within the R-2 zoning district. Legal notices were sent to all names an the abutter's list arab were published in the Eagle-Tribune,a newspaper of general circulation,in the Town of North Andover,on March 27&c April 3,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R.Webster. The fallowing noxi voting members were present: Thomas D. Ippolito,Richard M.Vaillancourt,and Daniel S.Brame. Upon a motion by Richard J.Byers and a by David R.Webster the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 8'from the front setback and from Sections 7.4,2.27 and&'fable 2 for relief of 1.1'from the height requirement in order to raze and rebuild a single family dwelling-,and upon a motion by Richard L Byers and a by David R.Webster,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 ofthe Zoning Bylaw in order to raze and re-build a pre-existing,non-conforming single family dwelling on a pre-existing,non-conforming lot per: Site: 316 Stevens Street pAV 95,Parcel 61,North Andover,MA 10845 Site Plan Title: Plot Pian,316 Stevens St.,North Andover,MA,prepared for,Robert A- Osgood, Jr.&Ann M.Osgood Date(&Revised Dates): 30 J 2006 Registered Professional John Gilbert Dick,RLS#32657,48 Hathorne St.,Salem MA 01970 Land Surveyor Buibdm Plan Title Residence for Robert&Arm Osgo4 316 Stevens Street,N.Andover By: G.J.Bruno,G.J.Bruno Associates,Residential Designers,28 Berkeley Road,N.Andover MA 01845 Date: 9-24-05 SheetJDrawin Al-A4,Job no. 1039 Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 - s Town of North Andover of �°orM •� p �?`- Office of the Zonin eals Community Developnf °'��ih& ` (d ivision 400C E� a�► s' tt�` SsaCwUs� Gerald A.Brown North Andover, eeu $ 4 Inspector of Buildings _ Telephone(978)688-9541 TOWN OF Fax(978)688-9542 MASS AUIUS E IT Voting in favor of the petition: Joseph D.LaGrasse,Richard J.Byers,Albert.P.Manzi,III,and David R Webster. Voting against the petition: Ellen P.McIntyre. The Board finds that the particular circumstances of 316 Stevens Street relating to topography are that the lot falls abruptly away from the road requiring a retaining wall along the front lot line and requiring the existing(and proposed)basement floor to be build 22'from the road in order to be above the high groundwater. The Board finds that the placement of the existing remaining structures,the pool,patio,& shed,block the new dwelling being moved to the right. The Board finds that the applicant would need excessive amounts of fill to create a platform to allow the new dwelling to be rebuilt 30'from the road and 35'high at grade. The Board finds that the Plan of Land in North Andover,Mass owned by Robert M.& Dorothy S.Wood,Planning Board Approval Not Required 8-22=66 N.E.R-D.Plan#2250 shows the existing foundation,retaining wall,and lot lines. The Board finds that the proposed dwelling height of 36.Fat roof ridge shall not be higher nor the 22'front setback greater than the existing single family dwelling per John Gilbert Dick's statement. The Board finds that the slope and high groundwater affect this parcel,but not the R-2 zoning district in general. The Board finds that the literal enforcement of 7.3, 7.4, 2.27&Table 2,adding enough fill to create a plateau,would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or men opposition.The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the zoning bylaw and that this proposed razing and rebuilding of a single-family dwelling. The Board finds that 316 Stevens Street is an appropriate location for a single-family dwelling,that this use,as developed, will not adversely affect the neighborhood,nor will there be any nuisance or serious hazard to vehicles or pedestrians. The Board finds that adequate and appropriate facilities will be provided for the provided for the proper operation of the proposed use,that utilities and off-street parking are provided. The Board finds that this use is in harmony with the general purpose and intent of this Bylaw,and that this change,or alteration,shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a neve 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, V . Ellen P.McIntyre,Chair Decision 2006-009. M95P6. Page 2 of") Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 F y RECEIVED TOWN OF NORTH ANDOVER VARIANCE' ZONING BOARD OF APPEALS M6 MAR {6 AM If: 07' NAME: t' > -r A 0 SGoor' j4 ADDRESS OF APPEAL: 31 ,6 S73-1-/&r>S ST�'z T� 1I ,} d�c"Time Stamp @ Ci6dry I" Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must beSTEP 6: SCHEDULING OF HEARING AND submitted thirty(30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to.submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Board of an application as incomplete. for mailing to the parties in interest(abutters) and for The information herein is an abstract of more publication in the newspaper. The petitioner is notified specific requirements listed in the Zoning Board that the legal notice has been prepared and the cost of Rules and Regulations and is not meant to the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office of STEP 1: ADMINISTRATOR PERMIT DENIAL: the Zoning Board of Appeals and delivers the legal notice The petitioner applies for a Building Permit and receivers to the local newspaper for publication. a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitionershould appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause`on behalf°of the i required in items 1 through and including 11 shall be petition, the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest: Any appeal of the Board's decision may be made,pursuant to Massachusetts STEP 4. OBTAIN LIST OF PARTIES IN INTEREST: Genera!Law ch. 40A§ 17, within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10• RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1) original and ten(10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time and Common St., Lawrence MA, and shall complete the j date of filing. The original will be left at the Town Clerk's Certification of Recording form and forward it to the Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals and to the Building Department. Zoning Board of Appeals secretary. _....... ... . . ... _... .................... :.._.. .. ......... .,....... .. ......_.._._. IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. &Services 120 MainStreet 400 Osgood Street, North Andover, MA 978-688-9501 Town Clerk's Office 01845 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department PAGE 1 of 4 978-688-9541 Zoning Board of Appeals Office i PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please cain00 an items I -1M wow. 1. Petitioner: *Name, *Address and telephone number: (Z0136n T= 05Go©D q-75. Sc?Q . 99s0 31 6 ST�'1JcsI�.J g s77��" N07't4 ,q-MaV&*Z rel 4- C31 S�S *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: lZcs3e✓L A J r. n�n1 M. OS400D a 3 ST&1,*7-J3 s 76 . 9'aq. 4950 - 2T�f �v[aa16-t21 "4 Years Owned Land: 3. Location of Property: a. Street: Zoning District: • Z b. Assessors: Map number: S Lot Number: c. Registry of Deeds: Book Number: 6+32 Page Number: Zcv 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 'ftz- '7. 3 A 7. 14- sir. Z. Z-7 sem- Of. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Csr�A,2,2�T-►�� C-'7- V44006erF=k e-F=ilavl- saTT-AeK t-5 e,--T- 7.3 H• I V O3kHca' 7.lf' 8. At. o 1= PXw-M The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 8 of this applicadw.Faflure by the applicant to describe the request clearly may result In a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indlu to the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A 37lc00s.f: N '% ZZr B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3 71500 s.F ± N�� 2 30`: PIA- ZZ r q l ' Jit ' 91 , i 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 31, 56Vs.f: iv lA Z 3JI A. Z z 9 t SG �t F 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) f Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 4-3,56o 5.F-. N/A 15o 30 30 30 3a 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors r Sq. feet Building' of Units" 051 mGC&—r;4M c c.9-) *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors , Sq. feet Building" of Units" 1 S So 2 34. 1 37G6 tZ&s r oeraccs- I *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: -�xz A /Pc-,c 66---c-- Type above name(s) here: tZ01&c-2T A - ®S4-OOD .J 2 PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Variance must be supported by a n Size of plan: Ten(10 ) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance 11)One(1)Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and EM Plan prepared by a Registered Professional the North Andover Zoning By-laws,all dimensional Engineer and/or Land Surveyor,with.a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F,are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or n Site Orientation shall include: structure. A. north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50' from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions lin Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance 9 nce is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. .5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer of substantially derogating from the intent or purpose surveyor• of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects, such as decks, sheds, and garages, application. shall require only the plan information as indicated with an.asterisk(*). In some cases further information may be 10. PLAN OF LAND required. l Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 11'.A. Notification fees: Applicant shelf provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1780-4841"for the cost of first class,certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the I A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37$)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.S. Mailing labels:Applicant shall provide four(4) "-Major projects are those, which involve one of the sets of mailing labels no larger than 1"x2-5/8" (3 copies following whether existing or proposed: for the Legal, and one copy for the Decision mailing). b) five (5) or more parking spaces, 11.C. See 2005 Revised Fee Schedule. R)three (3) or more dwelling units, t1T)2,000 square feet of building area. t. A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 10B & 1 (one)year if not exercised and a new petition must 10C features, that the plans show detailed utilities, soils, be Submitted.4 and topographic information. Zoning Bylaw Denial . Town of North Andover Building DePa 400 S, North Md�� MA. 01816 Fax Pitons -Fax Strwt: Pyang L.ot: icant: Robert Osgood ReQtri and Phase be adviMd teat a41ar rwiaw�`Y��and P� DENIED for dw foRwAM Zoning ZAmna 11Mn � Nene - E Notes_��l A Lot Ana F Iimuf 1 Lot area Iktst 1 F 2 Lot Area y 2 F 3 Lot Area 3 Iniornwt� 4 Insufficient Infomwlion 6r Frorttape No 80080 B UseG Cots rq Area 1 Allowed 1 test Area 2 Not Allowed 2 3 use P , 4 S al Permit Ired 23 insut�lcierrt mfortna<ion 5 Insufficient lrtfomtM H adidbV Hit C S'�k 1 Maximum 1 Ali setbacks 2 2 Fruit Insuffioisrtt 2 datina HOW 3 Left Side IrtsttRi wt 4 I�into 4 side Irtsufficierlt BuikfinY Co �,� 5 Rear lnwMcierd I 1 Gav exaee�maximum 6 S 7 Insufficient irdonnadon 2 Cov D aWWW 3 Caverape Pna> e s W 1 Nat in Wakershed / Insufficient Infomwtlon 2 In Watamhed BiEo 3 Lot to 10241W 1 net allowed 4 Zone to be Determined 1 2 � 3 lnlrrfprnudion s9 Insufficient Infarmatbn K Parkes N/A E Historic 0115 t 1 In DWIft review n1QWFGd 1 M"a P afkft 2 Not in district yes Z 3 1 Insufficient Information3 It>s�itdorrtwt 4 Reined for the above is chocked below. Item S 8 P Board ttaNn o Variance Site Plan Ram GDOCIII Permit - Satbdr Access other than F Permit Vwiance F Permit trot Arm Variance Common Pe n* _ Variartw Permit Yarirkarfor S Board Continuing Can Rdk n s t Spend Permtt P in Use ZBA EM*HI Pem�it permit NonCc�o I th RaPerrnit ZBA Earnwsf Lar �e Cando Permit pbnnit Use not Listed but Similar Planned bwm Speam Pwmit Permit n Permit min Planned RMidsktlid Permit nonoonfor R-6 Permit WaWshed Permit Do above rwiaw and atladrad aMpMraition d wch r booed an th plw and iniomriion ardsalMad No datlnl D rawiaw and aradvice ahal ba basad an VOW aplknaliar by thea*kw ear @hal woh wktrl a>%m mmoa W6 o appioant carve a povida daraiiw arwws arra aboNa raaaorr for DEMAL Any km==IM mlalaait� 'or a111ar sk d*A darn s to Mn lafonaaN err M Mad by thaappi�artdmA ba pandaforthr mA wa bav a� , Buildup Daparhmt Thar�dooumart tMad"Plan Rrwrw Nanat W andkwWmI the abaMa tisHa.You moat tY a naw d hsf p by nirwroa. MM h idirp dapnbwit VA retain d plana and dom makkl�on F i n irk tYlow Nuradve The following rmrro Y'e Is pmkbd to Xv#w 9*W the terns for dents for the apples permit for the property indicted on the reverse side: c-2 A Var' r e f uired throw h lindehr -Rylaw- H-1 A Variance for the proposed re-built sin le__famj1 ' Bard of ADD als der S ct;on 7. 4 ._ Section 2.27 , .& Table 2 B-4 A -exi tin non-conforming Board f ADDeals under Section 9. 2 of the Zoninq Bylaw jn order fn alter or PXtpnd the strnnture- Refwmd To: Fire HgdM Police Zoning-8rd Conservation d PWM Warks Planning otF�er BUILOM DEPT To: Town of North Andover Zoning Board of Appeals From: Robert A. Osgood 316 Stevens Street North Andover, MA 01845 Date: 15 March 2006 (three pages total) Subject: Section 7.3 and table 2 variance A. My particular variance request is for front setback provisions of section 7.3 table 2 of the Zoning Bylaw. A minimum setback of 30 feet is required. A minimum setback of 22 feet is proposed. B. The particular circumstances of my lot relating to topography and structures especially affecting the property are the existing grades,which would necessitate excessive fill in order to construct a dwelling further from Stevens Street and the presence of the existing dwelling,which is presently located 22 feet from Stevens Street. (The right front comer of the proposed dwelling will occupy the same location as the existing structure.) C. Due to the placement of the existing foundation prior to our purchase of the property,placing the proposed dwelling elsewhere on the property would involve substantial regrading and the removal of an existing pool and patio,which would result from literal enforcement of the setback requirement if zoning relief were not granted. D. The granting of this variance will allow minimal disturbance of the existing lawn and landscaping and retain maximum separation of the proposed dwelling from the existing pond,while maintaining the existing setback from wetlands located across Stevens Street(in accordance with a Determination of Applicability recently granted by the North Andover Conservation Commission). These circumstances support the finding that the relief sought is desirable and effects no substantial detriment to the public good. E. Approval of the variance will not substantially derogate from the intent of purpose of the zoning bylaw because the proposed use will be no more non-conforming than the existing use with regard to frontage setbacks. F. Not applicable. 1 Subject: Section 7.4, section 2.27 and table 2 variance A. My particular variance request is for building height provisions of section 7.4 � section 2.27 and table 2 of the Zoning Bylaw. A maximum building height of 35 feet is required. A height of 36.1 feet is proposed. B. The particular circumstances of my lot relating to soil conditions especially affecting the property are high groundwater and existing slopes falling away to the North of the proposed dwelling. The basement floor should not be set at a lower grade than the existing due to high groundwater conditions. The particular circumstances of my lot relating to topography and structures especially affecting the property are the existing grades,which fall away from the road abruptly, requiring a retaining wall along much of the frontage. Placement of the house ridgepole at 35 feet would necessitate excessive excavation in order to construct the dwelling, and would require extensive regarding in order to direct driveway drainage around the dwelling from Stevens Street. (The right front corner of the proposed dwelling will occupy the same location as the existing structure.) C. Due to the placement of the existing dwelling prior to our purchase of the property, placing the proposed dwelling at a lower elevation on the property would involve substantial regrading and the removal of an existing pool and patio, which would result from literal enforcement of the height requirement if zoning relief were not granted. D. The granting of this variance will maintain the existing lawn and landscaping and retain the existing ridgepole elevation. No greater vertical obstruction is proposed to the neighbors' views of the pond. These circumstances support the finding that the relief sought is desirable and effects no substantial detriment to the public good. E. Approval of the variance will not substantially derogate from the intent of purpose of the zoning bylaw because the proposed use will be no more non-conforming than the existing use with regard to building height requirements. F. Not applicable. 2 Subject: Special Permit to alter and extend pre-existing,non-conforming structure on a pre-existing non-conforming lot subject to Section 9.2 1. My particular variance request is for construction of a non-conforming structure (frontage setback) on a pre-existing,non-conforming lot(area). As set forth above,the proposed conditions are no more non-conforming than those presently existing. A minimum setback of 30 feet is required. The pre-existing(and proposed)minimum setback is 22 feet. Current zoning requires a lot area of 43,560 square feet. The existing lot area is 37,500 square feet(this area was conforming at the time of original subdivision and construction of the property). 2.This site is an appropriate location for the proposed structure and condition because the proposed dwelling will replace an existing,non-conforming dwelling in essentially the same location(frontage setback and ridgepole height above grade)on an existing residential parcel. 3.There will be no nuisance or hazard to vehicles or pedestrians because no obstruction or increase of existing use of the public right of way is proposed. 4.Adequate and appropriate facilities will be provided for the proper operation proposed use because no change of the existing use is proposed. Existing public and utilities are presently available. New service connections to the proposed dwelling may be made without undue disturbance to or construction within the existing right of way. 5.This use is in harmony with the purpose and intent of the Zoning Bylaw because the proposed dwelling will replace an existing dwelling,without imposing further burden on municipal resources or the character and density of the neighborhood. 6.The unique criteria of the applicable Zoning Bylaw section appear to impose no special conditions. No earth removal or other significant change to the use or condition of the property is proposed. The placement of the proposed dwelling within the same footprint as the existing non-conforming dwelling minimizes both the duration and the extent of construction while effecting no significant change in the long term use of the property(a single-family residential parcel in a single-family residential neighborhood). 3 )ill" QUITCLAIM DEED BK 5432 PG 20 Maureen V. Cavanaugh of North Andover, Massachusetts for consideration paid of Two Hundred Forty-Five Thousand Dollars and No Cents ($245,000.00) '1'' grant to Robert A. Osgood and Ann M. Osgood, husband and wife, ffJJ tenants by the entirety with QUITCLAIM COVENANTS, MAY 17 W PA.. The land with the buildings thereon situated in North Andover, in N said County, shown as Lot #1 on "Plan of Land in North Andover, Mass . , dated 7/26/66" recorded with North District Essex Registry of Deeds as Plan No. 5520 . Said lot is more particularly bounded }i and described as follows: Cc WESTERLY: by Stevens Street 230 feet, , more or less; NORTHWESTERLY: by land now or formerly of Lawlor 155 feet, more or less; NORTHEASTERLY: by Pleasant Street 7 feet, more or less; m q p EASTERLY: by Lot #2 on said plan 270 feet, more or less; and d SOUTHERLY: by Lot #2 on said plan 150 feet, more or less. M The Southeast corner and the Southwest corner of the premises are 25 feet from land of Steven and the Southerly line of the granted premises is parallel with the Southerly line of the remainder of the land now or formerly of Wood. See Plan No. 2575 recorded with the North District Essex Registry of Deeds. , There is appurtenant to the above described premises an easement for sewer purposes from Pleasant Street to the granted premises as more fully described in a deed from Wood dated July 30, 1966 and recorded with said Registry in Book 1066 , Page 45 . QEzHC3 0 _ �. . UWz X Ja0 o Ct n 4 U •a�,t qbL �. �as�,m . % 0Na- P.�,#ssa0 %&%-ted• .16*L p amikut•. Ames � 1�hy//r's �3 S�f�'vcns • ook 42 G5O ± h 0 N UI Y ,ti. •• 'I N m h Lo-r `a.. v 37, 500 - v � L r a 3 n -� X3 0 '"� 1 ,_,_ -•- .a-16'�.15 a� � '►.�' ' X2.7 ... ••a�.3.�.v. 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