HomeMy WebLinkAboutMiscellaneous - 1046 GREAT POND ROAD Town of North Andover
ZONING BOARD OF APPEALS
V D
Albert P-'Nlanzi 111,Esq.Chairman T
0 7, i r
Ellen P.Mcluty re,dice-Chdrwan ItORT#1
Richard J.Byers,Esq.Clerk At
2008 JUN 30 PIN 33
Joseph D.LaGrasse
David R.Webster 0
Associate Afembery
Thomas DIppolito
Richard M,Vaill-ancourt I A S I
Daniel S.Braese,Esq. C Town Clerk Time Stamp*
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2008
of this notice in the office of the
Town Clerk,per Mass.Gen.L.ch.
40A,§17 Property at: 1046 Great Pond Road
NAME: Marc E.&Pamelia E.Rudick,Trustees HEARING(S): June 10,2008
of Rudick Realty Trust
ADDRESS: 1046 Great Pond Road PETITION: 2008-007
North Andover,MA 01845 TYPING DATE: June 16,2008
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,June 10,2008 at 7:30 PM upon the application
of Marc E.&Pamelia L Rudick,Trustees of Rudick Realty Trust, 1046 Great Pond Road(Map 103,Parcel 27
& 133),North Andover,MA requesting a Special Permit from Section 4,Paragraphs 4.121.17 for a Family Suite
and Section 9,Paragraphs 9.2 of the Zoning Bylaw in order to alter and extend the use of a pre-existing,non-
conforming lot;and a Finding that the proposed location of the Family Suite in a detached structure is within the
intent of Section 2,Definition 2.37.2 Family Suite and of Section 4,Paragraph 4.121.17. Said premise affected is
property with frontage on the Northwest side of Great Pond Road within the R-1 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 May 26&June 2,2008.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.
Manzi,111,and Richard M Vaillancourt. The following non-voting member was present: Thomas D.Ippolito.
Upon a motion by Richard J.Byers and 2d by Ellen P.McIntyre,the Board voted to GRANT a Special Permit
from Section 4,Paragraphs 4.121.17 for a Family Suite and from Section 9,Paragraph 9.2 of the Zoning Bylaw in
order to allow an existing barn/garage use to be extended by converting the 2nd floor to the proposed Family Suite
on a pre-existing,non-conforming lot;and upon a motion by Richard J.Byers and 2n'by Ellen P.McIntyre,the
Board voted to FIND that the proposed family suite is within the intent of Section 2,Definition 2.37.2 Family
Suite and of Section 4,Paragraph 4.121.17 of the Zoning Bylaw per:
Site: 1046 Great Pond Road(Ma 103,Parcel 27&133),North Andover,MA 10845
Site Plan Title: Plan of Land in North Andover,Mass.,prepared for:Rudick Realty Trust
Date(&Revised Dates): May 8,2008
Registered Professional William S.MacLeod,#29644,Andover Consultants,Inc., I East River Place,
Land Surveyor: Methuen,MAO 1844 ---
Sheet/Drawing: \08-13tdwg\PLAND.dwg
Budding Plan Title: Proposed First&Second Floor Plans,Rudick Barn Planning Review, 1046 Great
Pond Road,North Andover,MA
By: Drawn :TJP/SNF, Ckd BY:JPM
Date: 2-8-08
Sheet/Drawing: Project number 2704&[exterior drawings]Front Elevation,Right Side
Elevation,Rear Elevation,Left Side Elevation,&[Front&Right]
Page I of 3
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnoramdover.com
Town of North Andover
ZONING BOARD OF APPEALS
Albert R Manzi Ill,Esq.Chairman
Ellen P.Mchiarre,Vice-Gairman %40RT##
Richard 1.Byers,Esq,Clerk 2003 JUN 30 PH 33
Joseph D.LaGrasse 0,
David R.Webster
Associate JWe.-,.,berf 4t
Thomas D.Ippolito 4
Richard.M.Vaillancourt
Daniel S,Braese,Esq. �SSwCHusEt Town Clerk Time Stamp
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,111,and Richard M.
Vaillancourt.
With the following conditions:
1. The Family Suite shall be occupied by Kristen A.Rudick,daughter of Marc E.and
Pamelia E.Rudick,the residing owners of the main dwelling unit;
2. The Special Permit shall expire at the time that Kristen A.Rudick ceases to occupy the family suite;
3. The Special Permit shall expire at the time the premises are conveyed to any person,
partnership,trust,corporation or other entity;
4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special
Permit,grants the Building Inspector or his lawful designee the right to inspect the premises annually.
5. The Special Permit may be modified to accept other family members per the Bylaw with Board
approval.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,Ill,and Richard M.
Vaillancourt.
The Board finds that the intent of Section 2,Definition 2.37.2 Family Suite and the intent of Section 4,Paragraph
4.121.17 is to allow an accessory apartment a family suite,to be incorporated within the existing dwelling rather
than constructing a separate new unit The Board finds that the proposed family suite at 1046 Great Pond Road
will be incorporated within an existing structure and will not require a new,free-standing structure. The Board
finds that the intent of 4.121.17 and 2.37.2 is to allow close relatives to live with other family members and with
independence. The Board finds that owing to the unique circumstances of 1046 Great Pond Road,the property
has 3 existing dwelling units and one barn/garage on a 6-acre property,that the unusual circumstances of 1046
Great Pond Road and its structures especially affects this land and structures but does not affect generally the
Residential One(R-1)zoning district in which it is located,and that a literal enforcement of the provisions of
4.121.17 and 2.37.2 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds
that there was no written or spoken opposition. The Board finds that desirable relief may be granted in this
instance for this unique circumstance and parcel 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 Sections 2,Paragraph 2.37.2,4,Paragraph
4.121.17,and 9,Paragraph 9.2 of the Zoning Bylaw and that the granting of this Special Permit for a Family Suite
at 1046 Great Pond Road(Map 103,Parcel 27&133)in the 2d floor of an existing 3-stall garage/barn is an
appropriate location for a Family Suite. The Board finds that this use,as developed by the building&site plan,
will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians
since there is provision for the required off-street parking and the proposed family suite will be located On the 2W
floor of the existing 3-stall barn/garage and there is ample driveway parking available. Adequate and appropriate
facilities are provided to the existing residential dwellings and will be provided for the proper operation of a
Family Suite. The Board finds that the proposed addition will not be substantially more detrimental than the
existing barn/garage to the neighborhood.
Page 2 of 3
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnoithandover.com
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.Manzi 111,Esq.Chairman
Men P.McIntyre,I%ice-Chairman
Richard J, Byers,Esq.Clerk 2011HII JUM 3o P,
0 06 M 4- 33
Joseph D.LaGrasse
David R.Webster 0
AssociateAllembers Q
'11-tornas D.Ippohto
Richard A4, \T aillancourt .0 MASS
Too
Daniel S. Braese,Esq. * C To wn Clerk Time Stamp
Note: 1.This decision shall not be in effect until a Copy of this decision is recorded at the Essex County Registry
of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must
abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building
permit as required by the Inspector of Buildings.
Furthermore,if the rights authorized by the Variance an 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.
L.:
No
chard
14, Andover Zoning B4(wd of ApoeW--
P.Manzi,a Esq.,Chairman
�e*wnrtt?.McIntyre, Vice Chairman
r
c ch
hard J.Byers,Esq.,Clerk
Joseph D.LaGrasse
Associate Member
Richard M.Vaillancourt
Decision 2008-007.
M103P27&133.
Page 3 of 3
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofaordmdover.com
Town of North Andover
ZONING BOARD OF APPEALS
111, FIS(l, Owirman
Ride 1 I. Rv(Ts, F,;(l, (.Yerk 14ORTH
n n
1,�,Cph D, J, to +�
0 t. J
Dw id R Xcbstcr
ao
4W
lot It j Ippohlo
Ri(h;ird itllallcoljrt
D;lllicl S Lira se,F(I. Ss
C us Fown Clerk Time Stamp
This Is to car*that twenty(20)days
have elapsed from date of decision,filed
Any appeal shall be filed within Notice of Decision without filing of an appeal.
(20)days after the date of filing Year 2008 Date_
of this notice in the office of the JOY06 AI Bradshaw
Ton Clerk,per Mass. Gen. L. ch. Town Clerk
Tonin
OA, §17 Property at: 1046 Great Pond Road
NAME: Marc E.&Pamelia E.Rudick,Trustees HEARING(S): June 10,2008
of Rudick Realty Trust
ADDRESS: 1046 Great Pond Road PETITION: 2008-007
North Andover,MA 01845 TYPING DATE: June 16, 2008
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,June 10,2008 at 7:30 PM upon the application
of Marc E. &Pamelia E. Rudick,Trustees of Rudick Realty Trust, 1046 Great Pond Road(Map 103,Parcel 27
& 133),North Andover,MA requesting a Special Permit from Section 4,Paragraphs 4.121.17 for a Family Suite
and Section 9,Paragraphs 9.2 of the Zoning Bylaw in order to alter and extend the use of a pre-existing,non-
conforming lot;and a Finding that the proposed location of the Family Suite in a detached structure is within the
intent of Section 2,Definition 2.37.2 Family Suite and of Section 4,Paragraph 4.121.17. Said premise affected is
property with frontage on the Northwest side of Great Pond Road within the R-I 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 May 26&June 2,2008.
The following voting members were present: Ellen P.McIntyre,Joseph D. LaGrasse,Richard J.Byers,Albert P.
Manzi,111,and Richard M.Vaillancourt. The following non-voting member was present: Thomas D.Ippolito.
Upon a motion by Richard J. Byers and 2`4 by Ellen P.McIntyre,the Board voted to GRANT a Special Permit
from Section 4,Paragraphs 4.121.17 for a Family Suite and from Section 9,Paragraph 9.2 of the Zoning Bylaw in
order to allow an existing barn/garage use to be extended by converting the 2nd floor to the proposed Family Suite
on a pre-existing,non-conforming lot;and upon a motion by Richard J.Byers and 2a by Ellen P.McIntyre,the
Board voted to FIND that the proposed family suite is within the intent of Section 2,Definition 2.37.2 Family
Suite and of Section 4,Paragraph 4.121.17 of the Zoning Bylaw per.
Site: 1046 Great Pond Road(Map 103,Parcel 27&133),North Andover, MA 10845
Site Plan Title: Plan of Land in North Andover,Mass.,prepared for: Rudick Realty Trust
Date(&Revised Dates): May 8, 2008
Registered Professional —William S.MacLeod,#29644,Andover Consultants,Inc., I East River Place,
Land Surveyor: Methuen,MA 01844
1 Sheet/Drawing: \08-13\dwg\PLAND.dwg
I FBuillng Plan—Title: Proposed First&Second Floor Plans,Rudick Barn Planning Review, 1046 Great
I Pond Road,North Andover,MA
�Ay—_- Drawn by: TJP/SNF. Ckd.By:JPM
',_Date: _ 2-8-08
1 Shcu/Dra%Ning: Project number 2704& [exterior drawings]Front Elevation,Right Side
Elevation,Rear Elevation,Left Side Elevation,&[Front&Right]
Page I of 3
ATTEST:
A True COPY
1000 Ospod St.,Bldg 20-Stiite 2-36,Nor Andover,MA 01845
Pholi&-1)79-()8S-1)54I FaN-978-688-9542 Web-,,k,%AN.towilofilortliill(fovel-.coliI
Town Clerk
Town of North Andover
ZONING BOARD OF APPEALS
11h<�r P. Ahlui 1II, Esq C_7ruirnian
lalrn I' '•;Iclnierc, I uir-CEairn�s
Rich.ard 1. ky1 c t , I�:�q.Clerk. t NORT�y .
�o:c•llt I). l..t( t.ccr �?a�t?�ac Y�.ti0� � .:u vE.'; �:1 1 I ' ' c.iv'
I)aiO +�
I11otn is D .Itpolito i q
ffich,lid 1L V`atllancourt
1111lit I 13rac s., F..Sq. �SSAGHUSf� Town(aerk Time Somp
Voting in favor: Ellen P. McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P. Manzi, III,and Richard M.
Vaillancourt.
With the following conditions:
1. The Family Suite shall be occupied by Kristen A.Rudick,daughter of Marc E. and
Pamelia E.Rudick,the residing owners of the main dwelling unit;
2. The Special Permit shall expire at the time that Kristen A.Rudick ceases to occupy the family suite;
3. The Special Permit shall expire at the time the premises are conveyed to any person,
partnership,trust,corporation or other entity;
4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special
Permit,grants the Building Inspector or his lawful designee the right to inspect the premises annually.
5. The Special Permit may be modified to accept other family members per the Bylaw with Board
approval.
Voting in favor: Ellen P. McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,ll1,and Richard M.
Vaillancourt.
The Board finds that the intent of Section 2,Definition 2.37.2 Family Suite and the intent of Section 4,Paragraph
4.121.17 is to allow an accessory apartment,a family suite,to be incorporated within the existing dwelling rather
than constructing a separate new unit. The Board finds that the proposed family suite at 1046 Great Pond Road
will be incorporated within an existing structure and will not require a new,free-standing structure. The Board
finds that the intent of 4.121.17 and 2.37.2 is to allow close relatives to live with other family members and with
independence. The Board finds that owing to the unique circumstances of 1046 Great Pond Road,the property
has 3 existing dwelling units and one barn/garage on a 6-acre property,that the unusual circumstances of 1046
Great Pond Road and its structures especially affects this land and structures but does not affect generally the
Residential One(R-1)zoning district in which it is located,and that a literal enforcement of the provisions of
4.121.17 and 2.37.2 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds
that there was no written or spoken opposition. The Board finds that desirable relief may be granted in this
instance for this unique circumstance and parcel 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 Sections 2,Paragraph 2.37.2,4,Paragraph
1.121.17,and 9,Paragraph 9.2 of the Zoning Bylaw and that the granting of flus Special Permit for a Family Suite
at 1046 Great Pond Road(Map 103,Parcel 27&133)in the 2nd floor of an existing 3-stall garage/barn is an
appropriate location for a Family Suite. The Board finds that this use,as developed by the building&site plan,
will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians
since there is provision for the required off-street parking and the proposed family suite will be located on the 2❑d
floor of the existing 3-stall barn/garage and there is ample driveway parking available. Adequate and appropriate
facilities are provided to the existing residential dwellings and will be provided for the proper operation of a
Family Suite. The Board finds that the proposed addition will not be substantially more detrimental than the
existing barn/garage to the neighborhood.
Page 2 of 3
1600 Osgood St., Bldg 20 Suile 2-36,North Andover..MA 0184
T'hone-978-698-9541 Fax-978-688-954" Web-�v\Nw.toN,,nofnortltandovercont ��
Town of North Andover
ZONING BOARD OF APPEALS
\lberl I'- Marnzi III,Esq, Chairman
Filen P. McIntyre, T tea-Chairman
A^
I6 hrad J_ ByersEsq. Clerk f goRry
(osrph 1).
0
DIVid R \Webster
llloni t< D. Ippolitc>
Rirh.ttd 1I, tilla,court
Daniel S- Ilracse,ISsq• �`4S+1tNU�Ei Town ClerkTime Stamp
Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry
of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must
abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building
permit as required by the Inspector of Buildings.
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the
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.
a _A Lhtj
No Andover Zoning B of A
Affiert P.Manzi,III,Esq.,Chairman
en P.McIntyre, Vice Chairman
'chard J.Byers,Esq.,Clerk
Joseph D.LaGrasse
Associate Member
Richard M.Vaillancourt
Decision 2008-007.
M103P27&133.
Page 3 of 3
I600 C)sgood St.,Bldr 20-Suite 2-36,North Andover,MA 01845
Plione-978-688-9541 Fax-978-688-9542 Web-wuTAti,.townofnorth indocer.cotu
'Town of North Andover
ZONING BOARD OF APPEALS
ihe�t ('.Alaud lII, F1,141, Chairman -
Ffllco P lfclnhre, I ia_Chairman
lttcluml I. hi t.,Fsq. ClerkNORTH
f 1 �nrr
locchh [>.
1?;trtd �Z \K'ebete[ o
Ilumt is la, lhlaolita
Richard M. G ttlhmcourt �
I)autel ti Puxt s�,} SSACHUs K
Imrn Clerk 71nie Stamp
This is to certify that twenty(20)day
have elapsed from date of decision,l.-,d
Any appeal shall be filed within Notice of Decision without filing of an appeal.
(20)days after the date of filing Year 2008 Date
of this notice in the office of the Joyce A,Bradshaw
Town Clerk,per Mass. Gen. L. ch. Town Clerk
#0A, §17 Property at: 1046 Great Pond Road
NAME: Marc E.&Pamelia E.Rudick,Trustees HEARING(S): June 10,2008
of Rudick Realty Trust
ADDRESS: 1046 Great Pond Road PETITION: 2008-007
North Andover,MA 01845 TYPING DATE: June 16,2008
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,June 10,2008 at 7:30 PM upon the application
of Marc E.&Pamelia E. Rudick,Trustees of Rudick Realty Trust, 1046 Great Pond Road(Map 103,Parcel 27
& 133),North Andover,MA requesting a Special Permit from Section 4,Paragraphs 4.121.17 for a Family Suite
and Section 9,Paragraphs 9.2 of the Zoning Bylaw in order to alter and extend the use of a pre-existing,non-
conforming lot;and a Finding that the proposed location of the Family Suite in a detached structure is within the
intent of Section 2,Definition 2.37.2 Family Suite and of Section 4,Paragraph 4.121.17. Said premise affected is
property with frontage on the Northwest side of Great Pond Road within the R-1 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 May 26&June 2,2008.
The following voting members were present: Ellen P.McIntyre,Joseph D. LaGrasse,Richard J.Byers,Albert P.
Manzi,I11,and Richard M.Vaillancourt. The following non-voting member was present: Thomas D.Ippolito.
Upon a motion by Richard J.Byers and 2nd by Ellen P. McIntyre,the Board voted to GRANT a Special Permit
from Section 4.Paragraphs 4.121.17 for a Family Suite and from Section 9,Paragraph 9.2 of the Zoning Bylaw in
order to allow an existing barn/garage use to be extended by converting the 2nd floor to the proposed Family Suite
on a pre-existing,non-conforming lot;and upon a motion by Richard J.Byers and 2"d by Ellen P.McIntyre,the
Board voted to FIND that the proposed family suite is within the intent of Section 2,Definition 2.37.2 Family
Suite and of Section 4,Paragraph 4.121.17 of the Zoning Bylaw per:
Site: 1046 Great Pond Road(Map 103,Parcel 27&133),North Andover,MA 10845
Site Plan Title: Plan of Land in North Andover,Mass.,prepared for: Rudick Realty Trust
Date(&Revised Dates): May 8, 2008
Registered Professional William S. MacLeod,#29644,Andover Consultants,Inc., 1 East River Place,
Land Surveyor: Methuen,MA 01844
Sheet/Drawing: \08-13\dw \PLAND.dw
7
T'
Build_nl,Plan Title : Proposed First&Second Floor Plans,Rudick Barn Planning Review, 1046 Great
I Pond Road,North Andover, MA
C By: Drawn by: TJP/SNF, Ckd. :JPM
Date. 2-8-08
Sheet/Drawing: Project number 2704& fexteriordrawings]Front Elevation,Right Side
- Elevation.Rear Elevation,Left Side Elevation,&[Front&Right]
ATTEST: Page 1 of 3
A True Copy
.fir 1600 Osgood tit.,Bldg 20-Shite 2-36,North Andover,110A +t 184-5
l'N)tie-978-688-9541 Fax--97&688-9542 Wet)-wN�v.to�cnofnorilltuidovtT.com
Town Clerk , 1 ���
Town of North Andover
ZONING BOARD OF APPEALS
,Allwit 1, �1anut ill,Isq. Chaiman
Flim P. 1fc'hllyre, l"'a'-Clrairnrat
Richard ) Baer,,l:stt. Clerk �f No RTM
1_.a(masse
I)a�id h \K'cb'tcr 0
9
Is.en,zrf 1x:r11xr_r � �
ll�onras l�, ippc,liro �' i �
Richard A'f. A aiilancourt rr Are
I)"mid S. Braese,1.srl. �SSACTown'Clef k lime StAnIp
Voting in favor: Ellen P.McIntyre,Joseph D. LaGrasse,Richard J.Byers, Albert P.Manzi;III,and Richard M.
Vaillancourt.
With the following conditions:
1. The Family Suite shall be occupied by Kristen A.Rudick,daughter of Marc E.and
Pamelia E.Rudick,the residing owners of the main dwelling unit;
2. The Special Permit shall expire at the time that Kristen A.Rudick ceases to occupy the family suite;
3. The Special Permit shall expire at the time the premises are conveyed to any person,
partnership,trust,corporation or other entity;
4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special
Permit,grants the Building Inspector or his lawful designee the right to inspect the premises annually.
5. The Special Permit may be modified to accept other family members per the Bylaw with Board
approval.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,I11,and Richard M.
Vaillancourt.
The Board finds that the intent of Section 2,Definition 2.37.2 Family Suite and the intent of Section 4,Paragraph
4.121.17 is to allow an accessory apartment,a family suite,to be incorporated within the existing dwelling rather
than constructing a separate new unit. The Board finds that the proposed family suite at 1046 Great Pond Road
will be incorporated within an existing structure and will not require a new,free-standing structure. The Board
finds that the intent of 4.121.17 and 2.37.2 is to allow close relatives to live with other family members and with
independence. The Board finds that owing to the unique circumstances of 1046 Great Pond Road,the property
has 3 existing dwelling units and one barn/garage on a 6-acre property,that the unusual circumstances of 1046
Great Pond Road and its structures especially affects this land and structures but does not affect generally the
Residential One(R-1)zoning district in which it is located,and that a literal enforcement of the provisions of
4.121.17 and 2.37.2 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds
that there was no written or spoken opposition. The Board finds that desirable relief may be granted in this
instance for this unique circumstance and parcel 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 Sections 2,Paragraph 2.37.2,4,Paragraph
4.121.17,and 9,Paragraph 9.2 of the Zoning Bylaw and that the granting of this Special Permit for a Family Suite
at 1046 Great Pond Road(Map 103,Parcel 27&133)in the 2 floor of an existing 3-stall garage/barn is an
appropriate location for a Family Suite. The Board finds that this use,as developed by the building&site plan,
will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians
since there is provision for the required off-street parking and the proposed family suite will be located on the tad
floor of the existing 3-stall barn/garage and there is ample driveway parking available. Adequate and appropriate
facilities are provided to the existing residential dwellings and will be provided for the proper operation of a
Family Suite. The Board finds that the proposed addition will not be substantially more detrimental than the
existing barn/garage to the neighborhood.
Page 2 of 3
1(,00 Osg(md St., Bldg 2t1-:mite 2-36,North Andover.MA 01345
Phone-9'8-089-9541 Fax-978-688-9542 Web-Ni;NNtiu.totiNnotiiorthancto�erconi V
Town of North Andover
ZONING BOARD OF APPEALS
\Ibc�t P_?tilsmri III, Esq, Chaiman
F.11�•ii I'. �iclnt�re, f-z«-C'f:dirrnan
Richard I IiYcrs, NONTy
NS . Clrrk
(ns(ph I,. L.3t ra�sr 2 b•'.�� ``'s p� f ,
1)m-id R CCrb ter
ot * � _
lhoin 3 ll. Ips olitta �: i .
Rich.+rtt N1. Vaalluzcotirt «."`«• '- � ,
I):xriicl 1 I3 r<ces<,I sq. �SSACHUSE� 7 on n,(Aerk"Dime Stamp
Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry
of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must
abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building
permit as required by the Inspector of Buildings.
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the
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 grimed unless substantial use or construction has commenced,it
shall lapse and may be re-established only after notice,and a new hearing.
North Andover Zoning B of Ap
rt P.Manzi,III,Esq.,Chairman
len P.McIntyre, Vice Chairman
chard J.Byers,Esq.,Clerk
Joseph D.LaGrasse
Associate Member
Richard M.Vaillancourt
Decision 2008-007.
M103P27&133.
Page 3 of 3
1600 Osgood St.�Wdo 20-Suite 2-36,North Andover.MA til 8-15
Phone-478-688-9541 Fax-978-688-9542 Web-Nbu .to,,A,moInorthaiidover.com
C
Town of North Andover
ZONING BOARD OF APPEALS
\Ibett P. Unazi III, Esq, Ovirman
("Hen,P NIc riuvre, G are-C buirman
Richard 1, Byers, O Esq. Clerk g ,,oarti
O'tSc ya tiQ L4'u,�
joscl?h[). L.tGrasse
David id R. Wel)Strr 0 `
r I rrn zale 1). f pert
Plonlas a ,
f)ojito 4L i :r
Richard tit \ ulLmcourt '=r 1'"a..r.o•*";�-c`' i r r n. �. ' "
C7.mita S. Bt tetc,['sy_ 1sS1G►ittSE Toun clerk Time Stamp
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2008
of this notice in the office of the
Town Clerk,per Mass.Gen.L. ch.
40A, $17 Pro ert at: 1046 Great Pond Road
NAME: Marc E.&Pamelia E.Rudick,Trustees . HRAIRINC4S): June 10,2008
of Rudick Realty Trust
ADDRESS: 1046 Great Pond Road PETITION: 2008-007
North Andover,MA 01845 TYPING DATE: June 16,2008
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,June 10,2008 at 7:30 PM upon the application
of Marc E.&Pamelia E.Rudick,Trustees of Rudick Realty Trust,1046 Great Pond Road(Map 103,Parcel 27
& 133),North Andover,MA requesting a Special Permit from Section 4,Paragraphs 4.121.17 for a Family Suite
and Section 9,Paragraphs 9.2 of the Zoning Bylaw in order to alter and extend the use of a pre-existing,non-
conforming lot,and a Finding that the proposed location of the Family Suite in a detached structure is within the
intent of Section 2,Definition 2.37.2 Family Suite and of Section 4,Paragraph 4.121.17. Said premise affected is
property with frontage on the Northwest side of Great Pond Road within the R-I 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 May 26&June 2,2008.
The following voting members were present: Ellen P.McIntyre, Joseph D. LaGrasse,Richard J.Byers,Albert P.
Manzi,III,and Richard M. Vaillancourt. The following non-voting member was present: Thomas D.Ippolito.
Upon a motion by Richard J.Byers and 27d by Ellen P.McIntyre,the Board voted to GRANT a Special Permit
from Section 4,Paragraphs 4.121.17 for a Family Suite and from Section 9,Paragraph 9.2 of the Zoning Bylaw in
order to allow an existing barn/garage use to be extended by converting the 2nd floor to the proposed Family Suite
on a pre-existing,non-conforming lot;and upon a motion by Richard J.Byers and 2°d by Ellen P.McIntyre, the
Board voted to FIND that the proposed family suite is within the intent of Section 2,Definition 2.37.2 Family
Suite and of Section 4,Paragraph 4.121.17 of the Zoning Bylaw per:
Site: 1046 Great Pond Road(Map 103,Parcel 27&133),North Andover,MA 10845_
Site Plan Title: Plan of Land in North Andover,Mass.,prepared for:Rudick B2a.Iy Trust
Date(&Revised:Dates): May 8,2008
Registered Professional William S.MacLeod,#29644,Andover Consultants,Inc., 1 East River Place,
Land Surveyor: Methuen,MA 01844
Sheet/Drawing: 108-131dw TLAND.dw
Building Plan Title: Proposed First&Second Floor Plans,Rudick Barn Planning Review, 1046 Great
Pond Road,North Andover,MA
B Drawn by.,TJP/SNF, Ckd : JPM
Date: 2-8-08
Sheet/Drawing: Project number 2704& [exterior drawings]Front Elevation,Right Side
Elevation,Rear Elevation,Left Side Elevation.&[Front&Right]
Page 1 of 3
1600 OsVyood St- 131clg 20-Suite 2-36, North Andover.MA 01845
Phone-978-688-9541 Fa-.\-978-688-9542 Wedgy-w����'.to«nofnorthandovcr.com
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.-'Nlanzi Hl,Esq.Chairman T
Ellen P.-'\,fclntvre, Tice-Cbdtmafl
Richard J.livers,Esq.Clerk
et
V%ORTit 1 2: 5 9
Joseph D.LaGrasse oto'- 2008 MAY 21 H
0 '21id1filmiuk 0
David R.NXebster
Aisoczate POW: k U
Thomas D.Ippolito
tic,11t 1 li
Richard M.VaillancotirtArgo K'�
Daniel S.Braese,Esq. CH Town Clerk Time Stamp
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public
hearing in the Meeting Room of Town Hall, 120 Main Street,North Andover, MA on
Tuesday the I& of June, 2008 at 7:30 PM to all parties interested in the application of
Marc E. & Pamela E. Rudick, Trustees of Rudick Realty Trust, 1046 Great Pond Road
(Map 103, Parcel 27&133),North Andover,MA requesting a Special Permit from Section
4, Paragraphs 4.121.17 for a Family Suite and Section 9, Paragraphs 9.2 of the Zoning
Bylaw in order to alter and extend the use of a pre-existing, non-conforming lot; and a
Finding that the proposed location of the Family Suite in a detached structure is within the
intent of Section 2,Definition 2.37.2 Family Suite and of Section 4,Paragraph 4.121.17.
Said premise affected is property with frontage on the Northwest side of Great Pond Road
within the R-I zoning district.
Plans are available for review at the office of the Board of Appeals office, 1600 Osgood
Street, Building 20, Suite 2-36,North Andover,MA 01845 Monday through Friday during
the hours of 8:30AM to 4:30PM.
By order of the Board of Appeals
Albert P. Manzi, M, Chairman
Published in the Eagle-Tribune on May 26& June 2, 2008,
Leg alnotice 2008-007.
M103P27&133.
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com
•d„N
1
1
TOWN OF NORTH ANDOVER SPECIAL r
ZONING BOARD OF APPEALS PERMM',Y 21 k;; 21
NAME Marc E & PamellaE, Rudick, 'trustees of Rudick Realty Trust
ADDRESS OF APPEAL 1046 Great Pond Road worth Andover, MA 01845 T:. . stem
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 U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
f Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal
Zoning Board of an application as incomplete.
notice for mailing to the parties in interest(abutters)and
t The information herein is an abstract of more specific for publication in the newspaper. The petitioner is
requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the
' Regulations and is not meant to supersede them.The cost of the Party in Interest fee.
Detitionerwill comolete items that are underiined
STEP 7: DELIVERY OF LEGAL NOTICE TO
STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER
The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office
receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers.the legal
Building Commissioner. notice to the local newspaper for publication.
STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING
Petitioner completes an application form to petition the BOARD OF APPEALS:
Board of Appeals for a Special Permit. All information The 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 9: DECISION:
After the hearing, a copy of the Board's decision will be
STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's
The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts
a certified fist of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days
after the decision is filed with the Town Cleric.
STEPS: SUBMIT APPLICATION:
Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS
of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of
to be certified by the Town Cleric with the time and date the decision, Mylar,and any accompanying plans at the
of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 384 Merrimack
Office, and the 10 Xerox copies will be left with the St., Lawrence MA 01843,and shall complete the
Zoning Board of Appeals secretary. Certification of Recording form and forward it to the
Zoning Board of Appeals and the Building Department.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. &Services Town Hall
1600 Osgood Street 120 Main Street
Building 20, Suite 2-36 North Andover, Massachusetts 01845
978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office
- 54P ing Department 978-688-9566 Assessor's Office
[ 7 8 $-�54:1ng Board of Appeals Office
MAY 21 Mo PAGE 1 of 4
BOARD OF APPEALS
PAGE 2 OF 4 Date&Time
Stamp
North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
PI®ase complete all:iteriis 1-10 belrnnr.NT'. .
1. Petitioner: *Name, *Address and telephone number:
Marc E & Pamelia E. Rudick, Trust WS of Rudick Realty Trust
1
(978) 975-4308
*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:
Marc E & Pamelia E Rudick, Trustees of Rudick Realty Trust
1046 Great Pond Road, North Andover, MA 01845
Registered Land Book 86, Page 29 and Years Owned Land: 15 years
BOOK , Page 1-3
3. Location of Property:
a. Street: 1046 Great Pond Road Zoning District: R-1
b. Assessors: Map Number 103 Lot Number. 27 & 133
C. Registry of Deeds: Book Number - 86 Page.Number. 29
(registered land) and 89 13
4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made.
Section 4.121.17 - family suite in residential District 1
Section 9, Paragraph 9.2 non conforming uses- Alteration and Extension
*Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
The applicant seeks to construct a family suite dwelling unit in the second floft of I
detached three stall garage. A family suite is an allowed use in an R-1 Zoning District
by Special Permit from the Zoning Board of Appeals. The structure will conform to all
the dimensional requirementsofthe Zoning By-Laws except that it will no
be within or attached to a dwelling.
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 9 of this application.
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
6A. Existing Lot(s): Minimum Lot Setback
Lot Area Open Space Percent Lot Frontage Parking
S660
q. Ft. Sq. Ft. Coverage Feet Spaces front Side A Side B Rear
6.35 acres n/a n/a % anti;�a— -- - lnn+_ 93.E-- 38A'�" -
o�
6B. 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
o�
6C. Required Lot: (As required by Zoning Bylaws&Table 2))
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
8g/
gg Ft Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
1�0 n/a 175 n/a 30 30 30 30
i
7A. Existing Building(s):
Number
Ground Floor Number of Total Use of
**
Square feet Floors Sq.feet Building* of Units
1st floor Garage & Storage (k110 Family suite (residential) 1
r
2nd floor - 1,200 2 1,200 j
*Reference Uses from the Zoning.Bylaws&Table 1.
-State number of units in building.
pk
I
i 7B. Proposed Building(s):
Use of Number
Ground Floor Number of Total of Units*"
Square feet Floors Sq.feet Building*
*Reference Uses from the Zoning Bylaws&Table 1.
**State number of units in building.
8. 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 appI' tion requiremen , as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by the Zoning BoVol this apQli s in waplete.
Ply/AV-
Si nature
Type above names here Own0dal SCOW=q
8911n Stt!eeR ; Y
No►AndWW.MA WSO
09,70 6J�2-.V-li-3
PAGE 4 OF 4 SPECIAL PERMIT
MEEMEMEEMMIMMINNIMMMIMMIMM
9. WRITTEN DOCUMENTATION In One(1)Mylar,with one block for Registry Use
Application for a Special Permit must be supported by a Only, and one block for five(5)ZBA signatures and
legibly written or typed memorandum setting forth in date.
detail all facts relied upon. When requesting a Special IM Plan shall be prepares, stamped and certified by
Permit from the requirements of MGLA ch. 40A, and the a Registered Professional Land Surveyor. Please
North Andover Zoning By-laws, all dimensional note that plans by a Registered Professional Engineer,
requirements shall be dearly identified and factually Registered Architect, and/or a Registered Landscape
supported. All points, 1-6,are required to be Architect may be required for Major Projects.
addressed with this application. *10 C. *Required Features On Plan:
1) Site Orientation shall include:
I.The particular use proposed for the land or structure. 1. north point
2.The specific site is an appropriate location for such 2. zoning districts)
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 300 radius
4.Adequate and appropriate facilities will beprovided 6. locations of buildings din s on adjacent properties i
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. In Legend&Graphic Aids shall include
a.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 dashed lines
this application is made(.e.the Earth Removal 3. Graphic Scales
Special Permit has unique 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 of record,and land surveyor.
Each application to the Zoning Board of Appeals shall 7• Locus.
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) Minor projects,such as decks,sheds,and garages,
( )da ys
shall require only the plan information as indicated with
prior to the public hearing before the Zoning Board of a
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 I
invokles new construction/a conversion/and/or a A. Notification fees:Applicant shall provide a
proposed change in use. check or money order to:?own of North Andover for
the cost of first class, certified,return receipt($5.21 as
10 A. Major Projects of May 2007)x#of all parties in interest identified in
Major projects are those,which involve one of the
MGLA ch.40A§11 on the abutter's fist for the legal
following whether existing or proposed: notice check. Also,the applicant shall supply first class
1)five or more parking spaces, postage stamps(currently 41¢)x the#of parties of
interest on the abutter's list for the decision mailing.
In three(3)or more dwelling units, B. Mailing labels:Applicant shall provide four(4)
IM 2000 square feet of building area. sets of mailing labels no larger than 1'x2-5/8'(3 copies
for the Legal mailing and one copy for the Decision
Major Projects shall require that in addition to the above mailing).
features, plans must show detailed utilities, soils, and C. See 2005 Revised Fee Schedule.
topographic information.
®IIS A Special Permit once granted by the ZBA will
*
10. B. Plan Specifications: lapse in 2(two)years if not exercised and a new
1)"Slie of plan: Ten (10) paper copies=of a plan not petition must be submitted. ®®
to exceed 11'x1 T, preferred scale of 1 11--40'
MEMORANDUM
The applicants seek to construct a "family suite" residential dwelling unit in
the second floor of an existing detached three stall garage/barn.
The applicants' property consists of approximately 6.35 acres of land
containing three pre-existing houses and a recently constructed garage/barn which
replaced an old garage. The property is in a Residence 1 (R-1) Zoning District.
Pursuant to Section 4.121.17 of the zoning By-Law, a family suite is an
allowed use in a residence 1 (R-1) Zoning District by Special Permit from the
Zoning Board of Appeals.
The structure will conform to all the dimensional requirements of the zoning
by-law except that it will not be within or attached to a dwelling.
The applicants state that because of the unique nature of this parcel of land
and the number of residential units on the premises, which cannot be subdivided,
the granting of a detached family suite is within the intent of Sections 2.37.1 and
4.121.7 of the Zoning By-Law, and the Zoning Board of Appeals can grant the
Special Permit.
L
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
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
103 27 Rudick Realty Trust 1046 Great Pond Road,North Andover,MA 01845
Abutters Prapertles
Man Parcel Name Address
103 35 David Paolino 940 Great Pond Road,North Andover,MA 01845
103 132&128&25 John Pallone 861 Turnpike Street,North Andover,MA 01845
103 40 Peter Sylvester 1027 Great Pond Road,North Andover,MA 01845
103 41 Mark Di Salvo 1011 Great Pond Road,North Andover,MA 01845
103 3 Brroks School 1160 Great Pond Road,Nath Andover,MA 01845
103 133 Marc Rudick 1046 Great Pond Road,North Andover,MA 01845
103 24&129 Debra French 1092 Great Pond Road,North Andover,MA 01845
103 125 John Biaeser 1116 Great Pond Road,North Andover,MA 01845
Lake Chochichewick Commonwealth Of Massachusetts 100 Cambridge Street,Boston MA 02202
Dept of Enviromental Management
e i
This certifies that the names appearing on the app
records of the Assessors as of
Certified by: Date s'
NORT1, Zoning Bylaw Review Form
Town Of North Andover
Building Department
1600 Osgood Street,Building 20,Suite 2-36
�.�,,,..�• North Andover, MA.01845
"as ° Phone 978-688-9545 Fax 978-688-9542
Street: 1046 Great Pond,Road
Ma /Lot: 103127
" 0cant: Rudick Real Trust
Request: Convert barn to Family Suite 1048 Great Pond Road
Date: 5-9-08
Please be advised that atter review of your Application and Plans that your Application is
DENIED,for the follayntng Zoning Bylaw reasons:
Zoning District: R-1 &Watt ershed
Item Notes Item Notes
A Lot Area _ F Frontage
1 Lot area'insUfficient 1 Frontage Insufficient
2, Lot-Area Preexisting X 2 Frontage Complies X
3 Lot Area Complies X 3 Preexistin fronta e X
4 Insufficient Information 4•: inpuffaentInformation
Use. 5 No_,access over Frontage
1, Allowed: G Contiguous,Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting X 2 Complies, X
4' ' Sp ecial Permit'R uired X 3 Preexisting CBA X
5 Insufficient Information 4 - Insufficient Information
C Setback H Building Height
1 , All setbacks comply. X 1 _,: .Hei tit Exceeds Maximum
23 .Front Insufficient 2 Complies X
3` Leff Side Insufficient 3 Preexistin ,Hei ht X
4= Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setbacks X 1 Coverage exceeds maximum
7 Insufficient Information 2 j Coverage Complies X
D Watershed 3 Coverage Preexisting X
1 Not in Watershed 4 Insufficient Information
2 In Watershed X J• Sign NA
3 1 Lot prior to 10/24/94 X 1 Sign not allowed
4 Zone to be Determined _. 2 Sign Com lies
5 Insufficient Information 3 Insufficient Information
E Historic District - K Parking
1 in District review required 1 More Parking Required
2 Not in district X 2 Parking Complies X
3 Insufficient Information
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 Area Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zonin Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Large:Estate Condo Special Permit Earth Removal Special Fd tiitZBA
Planned Development District Special B.4 Special Permit Family Suite
Permit
Planned Residential Special Permit Special Permit for 2 Unit
fi: Density Special Permit B.4 Special Permit Pre-existing,Non-
Conformin
Watershed Special Permit Supply Additional Information
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 DENIAL. 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'shaft be
attached hereto and Inompoisted herein by referenow The buildhig departrnent will retain all plans and documentation,
for the ab ve W.You must file a new b Ing permit application forth and begin the permitting process.
UV
s_.
Buil In artmen frrc Signature "
9 a p g pplii;a on Rlicelved Application Denied
Denial Sent: if Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is proyided to,further explain ft reasons for denial for the building permit
for the property indicated on the reverse side:
jil
vY
B-4 A Special Permit from 4.121.17 is required in order to allow a Family suite in
Zoning Districts 1-3;and''from Section``9,Paragraph 9.2 in order to extend the
use of a pre-existing non-conforming lot by converting the 2°d floor of an
existing barn:
Also,a Finding will be required to determine if the proposed location in a
detached structure is within the intent of 2.37.1 and 4.121.17 given that the lot
contains 3 dwellings on Map 103,Parcel 27.
2:37:1 FAmily Suite -(1987/22)
"A separate dwelling unit located within a single family dwelling subordinate
in size to the principal unit and separated from it in a manner,which maintains
the appearance of the building as a single-family dwelling...."
4.121.17—"Family Suite:,—.a separate dwelling unit within or attached to a
dwelling fora member of a household is allowable by Special Permit..:"
Note:`Building Department files contain 1,999&2007 site plans showing that
the structure is located in the General Zone(beyond 400'horizontally from the
mean high water mark of Lake Cochichewick and all wetland resource areas).
Referred Te.
Fire. Health
Police lX JZorl Board of Appeals
Conservation- I Qepartment Of-Public Works
Planning Historical Commission
Other I BUILDING DEPT
ZoningBylawDenia12000
fAlu�t�er
:43 upfirate (frdift-rate
TRANSFER CERTIFICATE OF TITLE REGISTERED IN BOOK ......89.--.---......... PAGE .........13.----1-3------ NO. 11-8.0.2..
From ....Tr.aias-fer....... Certificate No. .........1.15.0.6...., 04g4aally Registered __._Qctober.. 19.92......, in
Registration Book .......8.6..._... Page .......29.......-. for the Northern Registry District of Essex County.
94i$ is to Tertifu that PAMelia...4_RU_dic14...ho-th---------------
......................................................._..................................................................................................................................
of--------Vgmtl..Audampar.......... in the County of.............BAs_eX............... and Commonwealth of Massachusetts
........................................................... married to .......9.4L C.b...Qthex ...Are
.............................••---........_............................--...._..... .. . .......................................................................................
the owner&..............................in fee Simple...&a...tanant�a...by...thi_-_,erxt1r.P_t.y................................................
..............................................................................................................................................•.....................................................
of that certain parcel of land situate in-------N9.3Mb6.Aa&mP=r
in the County of Essex and said Commonwealth, bounded and described as follows:
0) Lots twenty six (26) , twenty seven (27).
0
"o
All of said boundaries, except the water line, are determined by the
Court to be located as shown on Plan No. 16372G, drawn by Andover Consul-
0 tants, Inc. , Surveyors, dated June 5, 1990, as modified and approved by
z
the Court, filed in the Land Registration Office, a copy of a portion of
V
Ca which is filed with Certificate of Title No. 10980, Book 80, Page 325.
0
wl
lx�
r. The above described land is subject to flowage rights as set forth
0
w in two grants; one made by John Adams et al to Joseph Kittredge et al,
Aj
W dated December 11, 1837, duly recorded in Book 504,..-Page 236, and the
0 other made by John P. Foster et al to Nathaniel Stevens et al dated
I
0 November 2, 1851, duly recorded in Book 504, Page 237, both recorded in
1_X
C)
-4 the Essex South District Registry of Deeds.
The above described land is subject to the flow of natural water
"a 14 courses running through the same and shown on said plan as Brooks.
�4
Q)
0
P. And it is further certified that said land is under the operation and provisions of Chapter 185 of the
P
P-4 General Laws, and any amendments thereto, and that the title of saidMar-c...K_.RudLck...and.-Eame.11a..
.1-..AqdiQk.............................................................................................................................................................................
to said land is registered under said Chapter,subject,however, to any of the encumbrances mentioned in Section
forty-six of said Chapter,and any amendments,thereto, which may be subsisting, and subject also
..
af ores riglit.r2...Q.f
.pi&J.jr
_..in...tbLq...q$
.aforesaid I........ ......
d.
g�thq:K...pide---
g_.._...__
............................................................................................................ ...........................................
-------- ................................................. .......................................__...................... .......................................
......................•--•----............._.._ ....... .1.......... ...................................................................... .................................................
...........................................t.......-I..4... ..............N........
.....................................................................................................................
T Tll
ROBERTVJ&QH0
Witness,-MAP
Chief Justice of the Land Court, at Lawrence, in said County of
Essex, the.................TUTith............................. day of ........._..December..................... in the year nineteen hundred
and..... .......at......9-.......o'clock and...........4.-5....... minutes in the ...1or.e...... noon.
Attest, with the Seal of said Court.
.....................................
Assistant Recorder
FOR REGISTRY USE ONLY
APPROVED BY THE TOWN OF NORTH
ANDOVER ZONING BOARD OF APPEALS
DATE
N59 53^E Ig�
260.00
PIN(FND_r
w
w`
DATE OF APPLICATION $�
��, a. EXISTING BARN TO BE
DATE u
CONVERTED TO FAMILY
N/F LIVING AREA I '�{� I HEREBY CERTIFY THAT THE PROPERTY LINES
DATE OF HEARING S.B. FRENCH REALTY TRUST �� /� SHOWN ON THIS PLAN ARE THE LINES OF EXISTING
OATS
(� OWNERSHIPS, AND THE LINES OF THE STREETS
DATE Of DECISION AND WAYS SHOWN ARE THOSE OF PUBLIC OR
. PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,
DATE EASi1NG : AND THAT NO NEW LINES FOR EXISTING OWNERSHIP
0, BARN �\ ;o a^ OR FOR NEW WAYS ARE SHOWN, AND THAT THIS
PLAN CONFORMS TO THE RULES AND REGULATIONS
i \\ OF THE REGISTERS OF DEEDS OF MASSACHUSETTS.
Y WN
ll\ 111.0
\ J u
Elasnlvc REG. PROF7LAND SURVEYOR
� \ � �,
DWELLING
j1048A ' r EXISTING OWELUNG
b I I
/n 048
r
_ t
355 t i �I I1
LOT 3-
6.35
6.35 ACRESf
\� PARKING AREA
LAKE !
COCHICHEWICKSrys ,w _
( A GREAT POND) t�t70r 198.44'
1 y 209.05' S �a's6'W R6�t
1 i
56x!244 Hip �. y►3'
BLUE HERON REALTY TRUST
PLAN OF LAND
IN
NORTH ANDOVER, MASS.
PREPARED FOR: RUDICK REALTY TRUST
NOTE:
1.) ZONING DISTRICT-Rt. SCALE:
M'Y 802008 ?� �
a" waanw
2.) LOT' 3 IS REGISTERED LAND AND IS APPLICANT AND OWNER: s'
SHOWN ON LAND COURT PLAN NO. 16372J MARC E. & PAMELIA E. RUDICK, TRUSTEES ondover '
RUDICK REALTY TRUST COrisultant8
3.) NO ABUTTER'S STRUCTURE IS WITHIN 1046 GREAT POND ROAD Inc.
50 FT. OF ANY STRUCTURE ON THE NORTH ANDOVER, MA 01845 1 East River Place Witham S. MacLeod
SUBJECT PARCEL. TEL 978-975-4308 Methuen. Moss. 01844 Reg. Prof. Land Surveyor
Tel. 978-687-3828
0 40 80 120 160 Ft.
\08-13\dwg\PLAND.dwg
NORTH
0
EIVED
FINDING
TOWN OF NORTH ANDOVER 7 0 210M ti Y 21 f"I 9: 21
ZONING-BOARD OF APPEALS
NAME: Marc E & Parnelia E Rudick, Trustees of Rudick Realty Trust
ADDRESS OF APPEAL: 1046:Great Pond Road, North Andover, _MA Cdugi; r,14,b'%0 Clark Time Stamp
Procedure & Requirements
for an Application for a Finding
Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty (LO) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:,
Failure to submit the required information within the The office of the Zoning Board of Appeals schedules
time periods prescribed may result in a dismissal by the
the applicant for a hearing date and prepares the legal
Zoning Board of an application as incomelete. notice for,mailing to the parties in interest(abutters) and
The information herein is an abstract of more specific for publication in the newspaper. The petitioner is
requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the
Regulations and is not meant to supersede them. The cost of the Party in Interest fee.
petitioner will complete hems that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO
STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER
The petitioner picks up the legal notice from the Office
The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal
receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper publication.
Building Commissioner.
STEP 2: FINDING 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—Finding. All information as The petitioner should appear in histher behalf, or be
rrepresented by an agent or attorney. In the absence of
required in items I through and including 11 shall be
any appearance without due cause on behalf of the
completed. petitioner,the Board shall decide on the matter by using
STEP 3: PLAN PREPARATION: the information it has otherwise received.
Petitioner submits all of the required plan information as STEP 9: DECISION:
cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be
- sent to all Parties in Interest, Any appeal of the Board's
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts
The petitioner requests the Assessor's Office to compile
General Law ch.40A§ 17,within twenty(20)days after
a certified list of Parties in Interest(abutters).
the decision is filed with the Town Clerk.
STEPS: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS
Petitioner submits one (1) original and ten (10)Xerox The petitioner is responsible for recording certification of
copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex
Office to be certified by the Town Clerk with the time County, North Registry of Deeds, 384 Common St.,
and date of filing. The original will be left at the Town Suite#304, Lawrence MA, 01843 and shall complete the
Clerk's Office, and the 10 Xerox copies will be left.with Certification of Recording form and forward it to the
the Zoning Board of Appeals secretary. Zoning Board of Appeals and to the Building
Department.
it
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. &Services North Andover Town Hall
1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street
North Andover, MA 01845 978-688-9501 Town Clerk's Office
978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4
MAY 21 LUU6
Ro,4po OF APPEALS
PAGE 2OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G
Please complete all items 1 -11 below:
1. Petitioner: *Name, *Address and telephone number:
Marc E & Pamelia E Rudick, Trustees of Rudick Realty Trust
1046 Great Pond Road, North Andover, MA 01845
(978) 975-4308
*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:
Marc E & Pamelia E Rudick, Trustees of Rudick Realty Trust
1046 Great Pond Road, North Andover, MA 01845
Years Owned Land: 15 years
3. Location of Property:
a. Street:1046 Great Fond Road Zoning District: R-1
b. Assessors: Map number: 103 Lot Number: 27 * 133
c. Registry of Deeds: Book Number: 86 Page Number: 29
(registered land) and Book 89 page 133
4. Zoning Bylaw Section(s)* under which the petition for the Finding is made.
Section 2 — Definitions- SubsPrt-inn .9-17.2 — FAmily suite
Section 4 - District use Regulations, Subsection 4, 121, 17 Family Suite
See the building inspectors zoningy- aw denial attac ereto.
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Inspector of Buildings.
5. Describe the Finding request:
Applicants' parcel of land contains three (3) pre-existing residential units
on approvimately 6.43 acres of land. Finding is required to determine if the proposed
location of the family suite in a detached structure is within the intent of Sub-
Section 2. 37. 1 and 4. 121. 17 of the zoning By-Law.
The above description shall be used for the purpose of the legal notice aid decision. A more detailed description is required pursuant to
the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application.Failure by the applicant to describe the request
clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant
and will
not involve additional items not included above.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimensions)that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
i
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
9
A. % j
B. %
Page 3of4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a FINDING
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
6. 35 acres n/a n/a 43f_ 54' n/a 100+ 93. 0 300+ _660
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
6 D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
87, 120 n/a n/a 175 n/a 30 30 30 30
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building* of Units'
1st floor - Garage .& storage �i _ Family suite (residential) '1
2nd floor/ 00 2 3.0 ,0:i 1
0200
*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**
*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 Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the 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:
Type above name(s) here:
Sq Main Street
No.Anda,MA 01845
PAGE 4 of FINDING
9. WRITTEN DOCUMENTATION Engineer, Registered Architect, and/or a Registered
Application for a Finding must be supported by a legibly Landscape Architect may be required for Major Projects.
written or typed memorandum setting forth in detail all
facts relied upon.All dimensional requirements shall be *10. C. *Required Features On Plan:
clearly identified and factually supported when requesting 1) Site Orientation shall include:
a Finding from the requirements of MGLA ch.40A, and 1. north point
the North Andover Zoning Bylaws. All points,A-C, are 2. zoning district(s)
required to be addressed with this application. 3. names of streets
4. wetlands(if applicable)
A. The particular use proposed for the land or structure. 5. abutters of property, within 300' radius
B. Fact(s) relied upon to support a Finding that the 6. locations of buildings on adjacent properties
proposed extension or alteration shall not be more within 50'from applicants proposed structure
substantially detrimental than the existing non- 7. deed restrictions, easements.
conforming use. In Legend&Graphic Aids shall include:
C. Address all appropriate details of the Building 1. Proposed features in solid lines &outlined in red
Commissioner's denial. 2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
10. PLAN OF LAND 5. Title of Plan
6. Names addresses and phone numbers of the
Each application to the Zoning Board of Appeals shall be applicant, owner of record, and land surveyor.
accompanied by the following described plan(s). Plans 7. Locus.
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty(30) days 10. D. Minor Projects
prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages,
appeals.
shall require only the plan information as indicated with
A set of building elevation plans by a Registered an asterisk(*). In some cases further information may
be required
Architect may be required when the application
involves new constructioniconversion/andior a 3
proposed change in use. 11. APPLICATION FILING FEES
10. A. Major Projects 11.A. Notification fees:Applicant shall provide a check
or money order to:`Town of North Andover"for the cost
Major projects are those which involve one of the of first class, certified, return receipt x#of all parties in
following whether existing or proposed: interest identified in MGLA ch. 40A§11 on the abutter's
I)five.(5)or more parking spaces, list for the legal notice postage check. Also, the
II)three(3)or more dwelling units, applicant shall supply first class postage stamps x the# j
III) 2,000 square feet of building area. of parties of interest on the abutter's list for the decision 1
Major Projects shall require, in addition to the 10B. & mailing.
10 C. features, that the pians show detailed utilities,
soils, and topographic information. 11. B. Mailing labels:Applicant shall provide four(4)
sets of mailing labels no larger than 1"x2-5/8"(3 copies
*10. B.*Plan Specifications: for the Legal mailing and one copy for the Decision
1) size of plan: Ten(10 ) paper copies of a mailing).
plan not to exceed 11"x17", preferred scale of
1 11=40'. 11. C. Applicant shall provide a check or money order
II) One(1) Mylar,with one block for Registry to: "Town of North Andover"per 2005 Revised Fee
Use Only, and one block for five (5)ZBA signatures and Schedule.
date..
s
III) Plan shall be prepared, stamped and
certified by a Registered Professional Land Surveyor. d
Please note that plans by a Registered Professional
i
1
MEMORANDUM
The applicants seek to construct a "family suite"residential dwelling unit in
the second floor of an existing detached three stall garage/barn.
The applicants' property consists of approximately 6.35 acres of land
containing three pre-existing houses and a recently constructed garage/barn which
replaced an old garage. The property is in a Residence 1 (R-1) Zoning District.
Pursuant to Section 4.121.17 of the zoning By-Law, a family suite is an
allowed use in a residence 1 (R-1) Zoning District by Special Permit from the
Zoning Board of Appeals.
The structure will conform to all the dimensional requirements of the zoning
by-law except that it will not be within or attached to a dwelling.
The applicants state that because of the unique nature of this parcel of land
and the number of residential units on the premises, which cannot be subdivided,
the granting of a detached family suite is within the intent of Sections 2.37.1 and
4.121.7 of the Zoning By-Law, and the Zoning Board of Appeals can grant the
Special Permit.
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shelf mesn the petitioner,
abutters,owners of card directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)teat of the property line of the petitioner as they appear on the most recent applicable
tax Usk not withstanding that the land of any such owner is located In another dty or two.the planning
board of the city or town,and the planning board of every abutting city or town."
Subiect Property:
MAP PARCEL Name Address
103 27 Rudick Realty Trust 1046 Great Pond R024 Nath Andover,MA 01845
Abutters Properties
Map Parcel ' Name Address
103 35 David Paolino 940 Great Pond Road,North Andover,MA 01845
103 132&128&25 John Palione 861 Turnpike Street,North Andover,MA 01845
103 40 Peter Sylvester 1027 Great Pond Road,North Andover,MA 01845
103 41 Maris Di Salvo 1011 Great Pond Road,North Andover,MA 01845
103 3 Brroks Scholl 1160 Great Pond Road,North Andover,MA 01845
103 133 Marc Rudick 1046 Great Pond Road,North Andover,MA 01845
103 24&129 Debra French 1092 Great Pond Road,North Andover,MA 01845
103 125 John Biaeser 1116 Great Pond Road,North Andover,MA 01845
Lake Chochichewick CommorlweaRh Of Massachusetts 100 Cambridge Street,Boston MA 02202
Dept of Enviromental Management
This certifies that the names appearing on the
records of the Assessors qfflcq as of
Certified by: Date S
Zoning Bylaw Review Form
•'" Town Of North Andover
Building Department
9600 Osgood Street,Building.:20,Suite 2-36
North Andover,MA.01645
Phone 9T8-688-9545 : Fax 978688=9542
Street: �nd:Roa
ARudkik'Mir
b46 G
d "
,
M /tot; Trust
Request: Convert barn to Family Suite. 1048 Great Pond Road
Phase.be#019 .,that aftakr revievr of xalur Application.and Plans that your Application is
DENIED,for the toll%Yln9,loning SylaM►teissQ�ts:
Zonin a District: R-1 h&Watershed
Item . Notes Item Notes
A.. .Lot Area . _ F Frontage
1 Lot area insutfiiRt y i=ron ' ' insuffident
2': .i:ot�AreB su 2: 2 frontap Com' les X
3 Lot Area Complies X.. ` ..3 Preex(stirl -frontage X .
4 Insufficient information. ¢, ;insuf8afe�t _fcslma0on
5: .N aEcess.ogqr Frontage;
1., .Alkfwed G, ..Cop4gpus;guiidingArea
2 Not Allowed 1;,, .insuffloignt Area
3 Use Preexis n X.. -2. .Com .lies,. X
j 41 F,"It-R:. .ire- X 3.1 -E2Ws#nb CBA X
5. Ins i .Jnfannation 4:.-s insufficient information
C SetbackH Building Height
7 1`:eN� s coin` X t:, kte1 t.Exceeds Maximum
97 F .nl.nst@ ant 2 Cornplies.. X
3" L "Side fhaiiffiden# 3 Preexists Hei ht , X
•4' t Side itisufficierit 4 Insufficient Inf6firation
5 Rear Insufficient I Building Coverage
t3 Preexfstiii setbacks X 1 Covera`e,exceeds maxsrrmum
7 insu f%aantanfomiatson 2 Cov a Compiles X
D Watershed 3 Coverage Preexisting X
1 Notln.Watershed 4 Instrf(iisent information
2 In-Watershed X • `;Sign NA
3 Lot.'rior to 10/24/94 X 1 Sf n not allowed
4 Zone to•be Determined -_ 2 .I'Sign,complies
5 Insufficient information 3 1 insufficient Information
E Historic District K Parking
1 in Distilct review required 1 More rking R uired
2 Not in district X 2 Parking Complies X
3. Insufficient Information
ROMOdY for the above Is checked below.
Item# Special PermitsPlanning Board Item S Variance
Sae Plan Revlew al Petthk - Setiieck Variance
Access other than Frontage Special Permit Parking Variance
Frontage Excepgm Lot Special Penni Lot Area Variance
Common Driveway Spedei Permit Height Variance
Congregate Housing Special'Penni Variance for Sign
Continuing Care Retirement SpedSI Perri Special Permits Zonin 'Board
Independent Elderly Housing Special Permit Special Perrni Non-Corlforml Use ZBA
Latge.gSwte Corwin sped Permit Earth.Removal Speca AZOA
Planned Development District Special B-4 Special Permit Family Suite
Perrot h..
11
Planned Residential Special Permit Special Permit for 2 Unit
R-0 Density Special Permit B.4 Special Perna Pre-existing,Confbrming
Watershed Special Permit Supply Additional Infomiafion
The above review and attached explanation of such Is based on the pians and irdonnation submitted. No detiridve
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide detinitive answers to the above reasons for DENIAL Any inaccuracies,mWe,adfngl
information,or other subsequent changes to the information submitted by 1hirappHaant shall be grounds forth ew b
be voided at the dWcmVon.of theSutid ng Deparbtl l.`hp docxxrhant good'Plan Review Nary~sh be
attached hereto and :.
Inoapo��herein by rbf9Teho he,¢��Qpartnt"t will retain all pians and doc umd hC tion.
for the ve .You musttiltti dew, vomit-ai osson and begin the permi ging process. ::
Z.
Buil ng spa SignatureApp on R c;eived Application Denied .
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided tq,fortt er explain the reasdnsfor denial for the tiuilding.petmit
for the property indicated on the reverse side:
B-4 A Special Permit from 4.121.17 is required in order to allow a Family5tWte in
Zoning Districts'1-3;'and'from SeetionV,tParagraph 9.2 in order to`extenrY the
use of apre-existing non-conforming lot;by cohVetting the 2°d floor oaf an.
existin barn:
Also,:a Eitkding will berequired to determine if the proposed location:in a
detached struct4u'e.Iism4thin the intent of,2:37.1 and 4.12.1.17 giy6 that the lot
contains:3-dwe1)ings=on Map 103,Pa=127.
237.1 Fdmoy;Sulte{1987/22)
"A'separatk dwelling unit located within a single family dwelling s l%rdi laie
in:si tatlie:pt ndipia unit and separated from it in a manner,dvliicl{.ii�ainta ns
the appearance of the building as asingle-family dwelling.:..,,
4.121.17—"Family Snfte:-a separate dwelling unit wiffin or atta&4to,a
dwelliri -€or a iemher'o€a household is`allowob4e b 'S al.Pe ipit: "
Note'°Building Department files contain 1999&2007`site plaids s o'W'mi g:that
the structure is located in the General Zone(beyond 400':ltorizof<ty from the
mean high-water mdrk of'Lake Cochiehewick and all wetland rpsource areas).
•t,
Referred-Tv. ,
t?ollce X.:, o@i ..Bs>arxi:of als
Conservation.- ,. •e ent ef:public.Works
Planning Historical CoMmission
Ofher BUILDIf.IG:DEPT
ZoningByldwDenia=00
(��u aer D upfir tte (fertifirate
TRANSFER CERTIFICATE OF TITLE REGISTERED IN BOOK PAGE ... NO.
From ._..Transfer._...... Certificate No. ......_115.0-6..... Griginally Registered _.__Qc_taber...a()._ 19.92_....., in
Registration Book ....._.M....._.. Page ...._..29....._.. for the Northern Registry District of Essex County.
YS to Tertifu that _.Xax ......
. . _,.a.17.d.3AMe.1:La._.F,....Ria-dick--lo-th...............
................................ ...............I................................I......I....I....... -------------__.........................
of .......... in the County Of------------B-$,9,eX............... and Commonwealth of Massachusetts
................ ............................ married to ------9ACh-AthPU..----ar.p----------------
.......___..................................---- ..... .. . ..........................................................................................
the owner ...........................__in fee simple —as,---ta11.ant_s_lxy---the___,eat3_r_et.y................................_-----------
..........I...................................................•--•--_._...._.............._................................ ................ -------------------I--------------
of that certain parcel of land situate in.......North Anloyer
co in the County of Essex and said Commonwealth, bounded and described as follows;
a) Lots twenty six (26), twenty seven (27).
0
"o
All of said boundaries, except the water line, are determined by the
Court to be located as shown on Plan No. 16372G, drawn by Andover Consul-
14
z
0 tants, Inc. , Surveyors, dated June 5, 1990, as modified and approved by
the Court, filed in the Land Registration Office, a copy of a portion of
"0
CO which is filed with Certificate of Title No. 10980, Book 80, Page 325.
0
r: The above described land is subject to flowage rights as set forth
0
Pla in two grants; one made by John Adams et al to Joseph Kittredge et al,
4_3
W dated December 11, 1837, duly .recorded in Book 504, Page 236, and the
�4
other made by John P. Foster et al to Nathaniel Stevens et al dated
� November 2, 1851, duly recorded in Book 504, Page 237, both recorded in
the Essex South District Registry of Deeds.
The above described land is subject to the flow of natural water
P courses running through the same and shown on said plan as Brooks,
"o
0 And it is further certified that said land is under the operation and provisions of Chapter 185 of the
sa
General Laws, and any amendments thereto, and that the title of said Mar.c...
JK1....R11-di a.................................................................................................................. .........................................
to said land is registered under said Chapter,subject,however, to any of the encumbrances mentioned in Section
forty-six of said Chapter, and any amendments,thereto, which may be subsisting, and subject also
aforesaid..and t
...Q.,f_ttle
-.5A...Qf...qAi ...P.9
ide... -
..... ......of..t1w.5'.
-----------.......................................................................................m..............................................
............. .................._................. . ............................._......... ......-----•------
.................. ...... I——..... ................. ........................................................................ .............
...................................._ ......................... ........._............ ................. .................. .......................
ROBERT V
Witness,-MA-gu"• � Chief Justice of the Land Court, at Lawrence, in said County of
Essex, the ................ninth_........_--,._,.......... day of ._......._...December..................... in the year nineteen hundred
and AiAgLt�y..,thxeg....._at......9........o'clock and...........4.5....... minutes in the ....fore...... noon.
Attest, with the Sea] of said Court.
...................................
X,
Lei�
Assistant Recorder
FOR REGISTRY USE ONLY
APPROVED BY THE TOWN OF NORTH
ANDOVER ZONING BOARD OF APPEALS
DATE
9 53"E `Jy�
ti
PIN(FND. 260•
0�
w
DATE OF APPLICATION w
DAA �,� o. EXISTING BARN TO BE ,
DATE OF HEARING
CONVERTED TO FAMILY
DATE ,� I HEREBY CERTIFY THAT THE PROPERTY LINES
S.B. FRENCH REALTY TRUST ���� LIVING AREA ! �} SHOWN ON THIS PLAN ARE THE LINES ROF E70STING
Cn OWNERSHIPS, AND THE LINES OF THE STREETS
DATE OF DECISION '�J �T AND WAYS SHOWN ARE THOSE OF PUBLIC OR
DATE ..� PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,
E1CsnNALREADYND THAT NO NEW LINES FOR EXISTING OWNERSHIP
BARN 1-"`\\ 1O o,
PLAN TO THE RULEFOR NEW WAYS ARE S
NAND EGUEATIONS
OF THE REGISTERS OF DEEDS OF MASSACHUSETTS.
tl EMSTINC \ / w+, REG. PROF. LAND SURVEYOR
_
DWELLING
r��^---�T p048A E%ISTING DWELLING -
\ I 1 /1048
-----D_RA4EWX'y--` 4,
LOT
Z
1
LOT 3
6.35 ACRESf r �\
0
\\ PARKING AREA
LAKE
COCHICHEWICK
( A GREAT POND} 1I/ r _ r - 196.44' S68'19'S3'W
\t\4` 209.05' S70�26'W ,N �
S61'4a'24'W
353'* \\�
/�- N/F
(I BLUE HERON REALTY TRUST
PLAN OF LAND
IN
NORTH ANDOVER, MASS.
NOTE: PREPARED FOR: RUDICK REALTY TRUST
1. ZONING DISTRICT—R1.
DATE: MAY 8, 2008
SCALE: 1"=40' �� 10 OF `
a w
2.) LOT 3 IS REGISTERED LAND AND IS APPLICANT AND OWNER: .s'
wu
SHOWN ON LAND COURT PLAN N0. 16372) MARC E. & PAMELIA E. RUDICK, TRUSTEES andover
RUDICK REALTY TRUST consultants
3.) NO ABUTTER'S STRUCTURE IS WITHIN 1046 GREAT POND ROAD Inc.
50 FT. OF ANY STRUCTURE ON THE NORTH ANDOVER, MA 01845 i East River Place wliliarn S. MacLeod
SUBJECT PARCEL. TEL 978-975-4308 Methuen. Moss. 01844 Reg. Prof. Land Surveyor
Tel. 978-687-3828
0 40 80 120 160 Ft.
\08-13\dwg\PLANO,dwg