HomeMy WebLinkAboutJUBA, STEPHEN M & CHERYL A FORM C
APPLICATION FOR APPROVAL OF DEFINITIVE PLATIyt? #!
Nor a.ty
February 1625
To the Planming Board of the Town of Forth Andover: 'U
The undersigned, being the applicant as defined. under Chapter 41., Section
81-L, for approval of a proposed-subdivision shown on a,plan entitled
Definitive Subdivision Planof Lo `292 Shown on T.and Cnivrt Plan-32463F
by Christiansen & Sergi , Inc, dated Jan 1 , 1993
beiland bounded as follows: northerly by Wesley St . ; easterly by property
of Schatzberg and Saville St. ; sou, er• y by WalTa-ce St. ; westerly by Booth St .
hereby submits saiii plan as a DEFINITIVE plain in accordance with Rules and
Regulations of the North Andover Planning�Board and makes application to-the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book , Page ; or
Certificate of .Title No 114 41 , Registration Book g s ,, page 16 9; or
Other:
Said plan has(X) has not( } evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( }
disapproved (X) on October 6 * 19 92 •
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance I thereof hereby, agrees to.abide'by the Board's
:Rules and Regulations. The undersigned hereby further covenants and agrees
w*th the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities In accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by--lags of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct -the streets or Kays and other improvements shown
thereon in accordance with Sections Iv'and V of the Rules and Regulations
of the Planning Board and the,approved DEFINITIVE plan, profiles and cross
sections of the sane. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree-
ments herein shall,be binding upon all heirsl executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof.
Received by Town Clerk:
Date: i ture 'of Applicant
S&S/Builders, Inc.
Time:
Signature: Methuen; MA 01844
Address
Notice to APPLIGANt/TOWN CLERK and Certification of Action of Planning Board,
on Definitive Subdivision Plan entitled: Definitive Subdivision o f Lot_ 292
`
Shown -on Land Court Plan 3263F
By' C._hri stinncan R 2prgiT�T�• dated Jan 1 1923
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions: ,
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land"t or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub—
division, all 'as provided by G.L. c. 41, S. 81-J.
2. That all-such-construction and installations shall in all respects
conform to the governing"rules-and regulations of this Board.
3. That, --as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
40 'Other .conditions:
f
In the event that no appeal shall have been taken from said approval within_
twenty;days .from-this dater the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan, for the following
reasons:
NORTH ANDOVER PLANNM BOARD
Date: By:
FORM D
DESI`GNER ' S C'ERTIFICATf
February 16, 1993
TO THE "AANNING BOARD OF THE TOWN OF NORTH ANDOVER;
Definitive Subdivision of Lot 292 shown on
In preparing the plan entitled Land Cotart plan 39ti3F
I hereby certify that the above named plan and, 3ccompanyi nq data is true
and correct to the accuracy required by the cu,r •ent Rules and Regulations
Governing the Subdivision of Land in North Ando ger, Massachusetts , and
my source of informiation about the location • f —1,undaries shown on Said
plan were one or more of the following,:
. Deed from 6&S Builders t•o McDon^gid
dated Aug 1992 and' recorded in the Nnrth
Registry in Book 85 page 169
2 . Other plans as follows L. C. 3263 ' ;
3. Oral information furnished by
4 . Actual measurement on the around from a stating point established
by L. C. 3263F
5 . Other Sources
S ' ned
Pro fes o 1 Engineer or
Seal o
or (Registered
Surve 9�s Registered Land-_S r eyor)
MICHAEL c Inc.
a
J. �, Christiansen. & Sergi ,
SERGI 160 Summer Street
No.33191 �
ISTEA���gJ``y� Haverhill , MA 01830
°k�c LAKos Address
i
FORM E
CERTIFIED LIST OF ABUTTERS
February 19 93
.
TO THE PLANNING BOARD OF THE TOWN OF NORTH ' ANDOVER :
The undersigned , being an applicant for approval of, a Definitive
Definitive Subdivision of Lot 292
Plan of -a proposed s ubdi vi s i d"n entitled Shown on Land Court Plan 3263F
submits the follcwing sketch of the land in the subdivision listing the
names of the adjo4.ning owners in their relative positions and indicating
the address of each abutter on the sketch or in a separate list , in -
cludina owners of land separated from the ubd ' ision only by a�is' treet .
re o A l
Sig atu PP i c a n t
S& uilders , Inc.
--b_; nwick Circle
Address
Methuen, MA: 01844
February 1993`
TO THE PLANNING BOARD OF THE TOWN OF NORTH AaDOVER:
This is- to certify ' that at the time -of the last assessm,e.nt for taxation
made by the Town of North Andover , the names and addresses of the partie,
assessed as adjoining owners to the parcel* of land shown above were as
above written , except as followst
'Assessor
LIST OF PARTIES OF INTEREST
MAP # PARCEL # NAME ADDRESS
124 Blueberry Hill , North Andover
98C 30 William S and Pamela Buco 469 Chestnut St .1 No - -A-Pdover-
98C 31 Otis Street John H. Carroll ,
1501 Main St . Tewksbury MA 01876
98C 36 Alon Schatzber and Leah Ziph-Schatzberg_
34 Wesle� St
98C 41 Herbert 'O. Pickard and Sue Botti i .2 Adrian St. NQ . Andover
.98C 42 , 43,44,4 Gaspar J. and Raffaela G. Balsamo 8 Adrain St . No. Andover
14 Stephen M and Cheryl A. Juba 55 S lem St
N/F OT/S STREET
Iv/F BUCCO NOM/NEE TRUST
SA VI L L E 40' WIDE - PRI kATE
ST,p�c�c�
RE5TME
NIP SEMENT- j -,?Otw/DE SEGY
I i 64SEMENT
SCHATZBERG
25'wrDE
N'F J EMENT ✓ NfF
R 5T LOT 293 Zs'WIDE ; LOT 2 94 LOT 295(
rRU UTILITY I J
EASEMENTS R.D. W
�-- BOOTH (40'WIDE PR111.4TE ) q�
PICXARD N/� .N/F BAL AMO lV
BACSAMD V
8071661
4b. 'Q
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13 o'n-rif 5T-
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Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary
Subdivision Plan entitled:
"Booth Street" ..e
By:. Christiansen & Sergi dated August 17,' 1992
T.OUGITZ.V1 led 5 1-1 ph
2. The North Andover Planning Board has disapproved said plant for the
following reasons:
See Attached
3 SAI pang
.... -40
cn =0*=
C,
rn C'
Very truly yours*
MRTH✓��PL�ANNI�tLBO
George D. Perna, Chair
Date: October 6. 1992.. _ �...
1
#' c
!t ,
DANIEL LONG x
NORZN A��tOVER Vic,
SP
r- e-
IACM41A APPROVAL OF A PREL M NAR _
August 1.7 19.1 2
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 419 Section 81-Lq
for approval of a proposed subdivision shown on a plan entitled
"Booth Street"
By Christiansen & Sergi , Inc. dated August 1 1992.
being land bounded as follows:
Northerly by Wesley; easterly by Saville St . ;
westerly'
hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the
Rules and Regulations of the North Andover Planning Board and makes application to
the Board for approval of said plan.
Title references North Essex Deedsp Book f PageL_; or
Certificate of Title No.9 5 6 0, Registration Book ! Page-; or
Other:
Appl c t' si ures s �Ca�E,Ps,
`
Received - Town Clerk:
Dates Applic 's address S & S Builders, Inc,
6 enwick Circle
Time: Methuen, MA 01844
Signature: Owner's signature and address if not the
applicants
k
4
BOOTH STREET
PRELIMINARY SUBDIVISION - DENIAL
PLAN DATED: AUGUST 17, 1992
PREPARED BY: CHRISTIANSEN & SERGI
The Planning Board has determined that the Preliminary
Subdivision entitled "Booth- Streets does not conform with the
requirements of the Planning Board's Rules and Regulations
Governing the Subdivision of land.
Specifically, the following items must be address prior to the
submission of a' Definitive Plan.
1. In accordance with Section 7.A.3.) the road grades on
residential streets shall not exceed a 6 (six) percent
grade. The proposed plan does not conform to this
requirement:
2. In accordance with Section 7.A.2.)a.) all residential
streets in residential zones the right-of-way shall be 54
{fifty} feet in width. The proposed 40 feet in road width
does not provide for the proper width.
3. In accordance with Section 7.A.2.)c.) the dead end road
shall provide for a cul-de-sac turnaround with a minimum of
120 feet in diameter. The proposed plan does not provide for
a cul-de-sac.
4. In accordance with Section 7.A.4.) the dead end street
exceeds the street length allowed in a Residential-3 Zoning
District,
5. In accordance with Section 7.B.4.) the road pavement width
does not meet subdivision standards and DPW requirements.
6. Street trees, of a size and species approved by the Division
of Public Works, shall be planted on each side of the
street. . .new trees shall be at least two and one-half (2.5)
inches in caliper and shall be planted at intervals of every
fifty linear feet of roadway.
7. In accordance with Section 7.L.1) the subdivision is
required to have a water supply for fire protection to the
lots. Fire protection may be required as recommended by the
Fire Chief {see comment letter dated August 27, 1992) .
The Planning Board will accept the submittal of the Definitive
Plan with a filing fee of $240.00 plus $250.00 per lot.
I,.
- _
j
__
` Notice to APPLICAIV'1'/TG' CLERK and Certification of A& `)n of Planrung Board'
on Definitive Subdivision Plan entitled: Definitive t a b d i v i s i o n o g.. Lot 292
Shown on Land Court Plan 3263F
By: Chri,-Qtianqpn 9 Sergi In- dated -Jan 1 �.. , 1993
The North Andover Planning Board has voted to APPRM said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipal services within said 'sub-
division, all as provided by G.L. C. 44 S. 81-U-
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. Th as required �by�North Andover Bo of Health s repo to
thiBo d, no building orstructures be built o aced u is
No. as wn on said Pl without a prior
co seat of said Bo of Health.
k. Other -conditions; I
See Attached
C)
r*tC-)
In the event that no appeal shall have been taken from said approval witA
twenty days from this date, the North Andover Planning Board will forthwi ,
thereafter endorse its formal approval upon said plan.
fte
ollo
res:
NORTH PLANNII+ BO
Ai�Cd t�znd�A
Date: June 8, 1993 By: Richard Nardella, C air
Booth Street
Definitive Subdivision
Conditional Approval
The Planning Board herein approves the Definitive Subdivision
requested by S & S Builder, Inc. , dated March 10, 1993,
consisting of 2 lots on approximately 50,000 square feet of land
on Booth Street. The Planning Board makes the following findings
as required by the Rules and Regulations Governing the
Subdivision of Land:
A. The Definitive Plans, dated January 1, 1993, include all of
the information indicated in Section 3 of the Rules and
Regulations concerning the procedure for the submission of
plans.
B. The Definitive Plan adheres to all of the design standards
as indicated in Section 7 of the Rules and Regulations.
C. The Definitive Plan is in conformance with the purpose and
intent of the Subdivision Control Law.
D. The Definitive Plan complies with all of the review comments
submitted by various town departments in order to comply
with state law, town by-laws and insure the public health,
safety, and welfare of the town.
Finally, the Planning Board finds that the Definitive Subdivision
complies with Town Bylaw requirements so long as the applicant
complies with the following conditions:
1. Prior to endorsement of the plans by the Planning Board the
applicant shall adhere to the following;
a. The applicant must meet with the Town Planner in order
to ensure that the plans to be endorsed conform with
the Board's decision.
b. A detailed construction schedule must be submitted as
part of the plans.
C. A covenant (Form I) securing all lots within the
subdivision for the construction of ways and municipal
services must be submitted to the Planning Board. Said
lots may be released from the covenant upon posting of
security as requested in Condition 13 (c) .
d. Right of way dedication easements for the proposed
roadway shall be prepared at the applicant's expense
and provided to the Planning Office.
e. The applicant must submit to the Town Planner a FORM M
for all utilities and easements placed on the
subdivision. The Board will sign the document and it
must be filed with the Registry of Deeds.
f. All drainage, water (if applicable) and sewage facility
designs shall be approved by the North Andover Division
of Public Works. Provisions for water intrusion
mitigation must be included in the design and shown on
the construction schedule required in Condition 1 c.
g. The catch basin as shown on the reference plans, must
be relocated out of the right-of-way. The applicant is
directed to work with the Department of Public Works in
the relocation and design of this catch basin. The
relocated catch basin must be shown on the plans
endorsed by the Board.
h. The cul-de-sac must be relocated and reconfigured to
fit inside the exiting right-of-way where Booth Street
and Wallace Street intersect. Whatever required
pavement does not fit within the existing right-of-way
will be placed on a portion of Lot 295. The applicant
is to work with the Department of Public Works in the
reconfiguration and relocation of the cul-de-sac. The
relocated cul-de-sac must be shown on the plans prior
to endorsement by the Planning Board.
i. All conditions listed herein, which shall require
action by the applicant after endorsement, shall be
placed on the final sheet of the Record Plans which
will be presented for endorsement by the Planning
Board.
j . All application fees must be paid in full and verified
by the Town Planner.
All documents must be prepared at the expense of the
applicant, as required by the Planning Board Rules and
Regulations Governing the Subdivision of Land.
2. Prior to the start of construction:
a. The record Plans must be endorsed by the Planning Board
and recorded by the Applicant with the North Essex
Registry of Deeds.
3. Prior to any lots being released from the statutory covenants:
a. All site erosion control measures required fto protect
off site properties from the effects of work on the lot
proposed to be released must be in place. The Town
Planning Staff will judge whether the applicant has
satisfied the requirements of this provision prior to
each lot release.
2
b. The applicant must submit a lot release FORM J to the
Planning Board for signature.
C. A Performance Security in an amount to be determined by
the Planning Board, upon the recommendation of the
Department of Public works, shall be posted to ensure
completion of the work in accordance with the Plans
approved as part of this conditional approval. Items
covered by this security may include, but will not be
limited to:
i. as-built drawings
ii. sewers and utilities
iii. roadway construction and maintenance
iv. lot and site erosion control
V. site screening and street trees
Vi. drainage facilities
vii. site restoration
viii. final site cleanup
d. All proper documents and easements required through
Condition 1 must be in >place.
4. Prior to a FORM U verification (Building Permit Issuance)
for an individual lot, the following information is required
by the Planning Department:
a. The applicant must submit to the Town Planner proof
that the FORM M referred to in Condition 1(f) above,
was filed with the Registry of Deeds office.
b. Three (3) complete copies of plans and two (2) copies
of all documents containing registry of deeds stamps
must be submitted to the Town Planner as proof of
filing.
C. A plot plan for the lot in question must be submitted,
which shows all of the following:
i. location of the structure,
ii. location of the driveways,
iii. location of the septic systems (if applicable)
iv. location of all water and sewer lines,
V. location of wetlands and any site improvements
required under a North Andover Conservation
Commission (NACC) order of condition,
vi. any grading called for on the Tot, and
vii. all required zoning setbacks
d. All appropriate erosion control measures for the lot
must be in place. Final determination of appropriate
3
measures shall be made by the Planning Board or Staff.
e. All catch basins must be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
f. The lot in question shall be staked in the field. Any
major departures from the record plans must be pointed
out to the Town Planner. The Town Planner will verify
that the changes will not require a modification to the
decision.
g. Lot numbers, visible from the street, must be posted on
all lots.
5. Prior to a Certificate of Occupancy being issued for an
individual lot, the following shall be required:
a. The roadway must be constructed to at least binder coat
of pavement to properly access the lot in question.
Prior to construction of the binder coat, the applicant
must ensure that all required inspection and testing of
water, sewer, and drainage facilities has been
completed. The applicant must submit to the Town
Planner an interim as-built, certified by a
professional engineer, verifying that all utilities
have been installed in accordance with the approved
plans and profile sheet.
b. All necessary permits and approvals for the lot in
question must be secured from the North Andover Board
of Health, and Conservation Commission.
C. Permanent house numbers must be posted on dwellings and
be visible from the road.
d. All slopes on the lot in question must be properly
stabilized, as judged by the Planning Staff.
e. There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall
be the developer's responsibility to assure the proper
placement of the driveways regardless of whether
individual lots are sold. The Planning Board requires
any driveway to be moved at the owners expense if such
driveway is at a catch basin or stone bound position.
6. Prior to the final release of security retained for the site
by the Town, the following must be completed by the
applicant:
4
a. An as-built plan and profile of the site must be
submitted for review and approval.
b. The applicant shall petition Town Meeting for public
acceptance of the streets. Prior to submitting a
warrant for such petition the applicant must review the
subdivision and all remaining work with the Town
Planner and Department of Public Works. The Planning
Board must hold a portion of the subdivision security
for continued maintenance and operations until such
time as Town Meeting has accepted (or rejected in favor
of private ownership) the roadways. It shall be the
developer's responsibility to insure that all proper
easements have been recorded with the Registry of
Deeds.
C. The Town Planner will ensure that all planning,
conservation commission, and department of public works
issues and conditions are satisfied and that
construction was in strict compliance with all approved
plans and conditions.
7. Two to two and one half inch caliper (2-2.511) street trees
are to be placed every fifty (50' ) feet along both sides of
all new roadways. A variety of species, recommended by the
Tree Warden, must be planted.
8. The applicant shall adhere to the following requirements of
the Fire Department:
a. Open burning is allowed by permit only after
consultation with the Fire Department.
b. Underground fuel storage will be allowed only within
the Town Bylaws and State Statute and only with the
review and approval of the Fire Department and
Conservation Commission.
C. Pressurized fire sprinkler systems must be designed and
installed under the direction of the fire department.
This condition may be deleted without modification
procedures in the discretion of the Planning Staff in
the event an agreement can be reached pursuant to
Condition 11 below.
9. Tree cutting shall be kept to a minimum throughout the site
in order to minimize erosion and preserve the natural
features of the site. The developer shall inform the Tree
Warden when tree cutting is to occur. The Tree Warden may
pre-approve any major tree cutting.
10. The applicant must not retain exclusive right to the sewer
5
and roadway. An easement will be granted to the town which
will include the general public to access the roadway and
utilities proposed. This condition may be amended without
modification procedures in the discretion of the Planning
Staff in the event an agreement can be reached pursuant to
Condition 11 below.
11. The Department of Public Works and the Fire Department have
expressed concern over the lack of water in this area of
town. The Subdivision Rules and Regulations for the Town of
North Andover require that water mains be constructed and
installed to provide adequate watersupplyfor domestic and
fire protection use. As such, the Planning Board would
encourage the applicant to install a water main as part of
this subdivision.
Thus the Planning Board will require the applicant to
actively pursue the construction of the water main within
the next 30 days. The applicant is directed to work with
the town staff in an effort to obtain an agreement as to the
construction of the water main.
In the event such agreement can be reached,- paragraphs 8c,
10, and20 may be amended by the Planning Staff to the
reflect t e terms of such agreement.
12 . Any acti n by a Town Board, Commission, or Department which
requires changes in the roadway alignment, placement of any
easements or utilities, drainage facilities, grading or no
cut line , shall require a modification of this decision by
the Planning Board.
13 . There shall be no burying or dumping of construction
material on site.
14 . Any signs utilized for this project must obtain a sign'
permit as required by Section 6 of the Bylaw and will be
reviewed by the Town Planner. The Planning Board will
review a y entrance sign structures.
15. The contractor shall contact Dig Safe at least 72 hours
prior tollcommencing any excavation.
16. Gas, Te 'ephone, Cable, and Electric utilities shall be
installe as specified by the respective utility companies.
17. All cons ruction shall commence by June 9, 1995 (two (2)
years fr m the date of this approval) and shall be completed
by June 9, 1998 (five (5) years from the date of this
approval) .
18 . The provisions of this conditional approval shall apply to
6
and be binding upon the applicant, its employees,
contractors and subcontractors, and all successors in
interest or control.
19. The following waivers have been granted by the Planning
Board:
a. Section 7(A) (2) Width: Booth Street was laid out in a
subdivision plan recorded in 1913. At that time forty
(40) foot right-of-ways were required. Therefore the
Board will waive the current fifty (50) foot right-of-
way requirement.
b. Section 7 (A) (4) Dead-End Streets: The Planning Board
waives the street length maximum of 500 feet. Booth
Street was created as part of as old subdivision,
therefore it the potential exists for further
expansion. No wetland will be impacted.
20. The Planning Board has determine that due to the fact that
Booth Street was created as part of an old subdivision and
due to its location in an isolated section of North Andover,
sidewalks do not need to be constructed. However, in ,lieu
of the construction of the sidewalks, the applicant will be
expected to contribute to the town's sidewalk fund. The
amount of contribution will be determined by the Deparment
of Public Works in conjunction with the Planning Staff.
21. This Definitive Subdivision approval is based upon the
following plans•
a. Plans Entitled Definitive Subdivision Plan
Being a subdivision of Lot 292
shown on Land Court Plan 3263F
Located in North Andover, MA
Dated: Jan 1, 1993, with further revisions
Applicant: S & S Builders
6 Fenwick Circle, Methuen, MA
Owners: Charles W. McDonald & Lorna U.
McDonald, Booth Street, North
Andover, MA
Prepared By: Christiansen & Sergi, Professional
Engineers and Land Surveyors,
160 Summer Street
Haverhill, MA 01830
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
7
i
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k,
Fire chief
Assessor
Applicant
Engineer
File
Booth. subd
8
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Received by Town Clerk: RECEIVED
JOYCE BRADSHAW`
TOWN OF NORTH ANDOVER MASSACHUSETjaWHANDOVER
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING OI 1Sfl A & 42
Applicant Stephen & Cheryl Juba Address
- Srel. No. 7 t 7 .
1. Applicant is hereby made:
a) For a variance from the requirements of Section 7
Paragraph 7-9 f4-i and Table—2of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
2. a) Premises affected are land and building(s)
numbered 0 %Qi:h Street.
b) Premises affected area property with frontage on the North( }South ( ) East ( ) West ( }
side of C-as+J Cxirle jSo;�•�t�ay�1+ �i'b6f vAle. Street.
C) Premises affected are in Zoning District -3 and the premises affected have an
area of IS 4 415a square feet and frontage of ALO feet.
3. Ownership:
a) Name and address of owner(if joint ownership,give all names):
Stephen M. Juba, III and Cheryl A._.jnha— JT
Date of Purchase 3/27181 Previous Owner biers of Rose Kennedy
b) 1. If applicant is not owner, check his/her interest in premises:
Prospective Purchaser Lessee Other 1
2. Letter of authorization for Variance/Special Permit required
5 of 8
r
4. Site of proposed building: Z` front• SLA feet deep;
Height Z PLIA.t! rami c. stories; feet.
a) Approximate date of erection as soon as possible
b) Occupancy or use of each floor: residential
C) Type of construction wood fr me
5. Has there been a previous appeal, under zoning, on these premises9 n,
6. Description of relief sought on this petition
requirement and area t eq%-W- VVIeV%+
7. Deed recorded in the Registry of Deeds in BookNo. Page
Land Court Certificate No. 8696 Book Pace 3g9
The principal points upon which I base my application are as follows: (must be stated in detail)
Without the requested relief, the premises would be unbuildable, thus creating
a substantial hardship. The non-conformity results from unique conditions
related to the shape, soils and topography of the lot. Specifically, the shape,
soils and topography of the lot. Specifically, the shape of the lot, relation
to unconstructed streets and wetlands have created a unique frontage
non-conformity. Variance will not substantially harm the public good or
substantially derogate from the Bylaw's purpose. The premises is otherwise
in excess of dimensional requirements and the available frontage is adequate for
the purposes of the Bylaw.
I agree to pay the filing fee, advertising in newspaper, and incidental expenses*
SignftA o6etitioner(s)
6 of 8
WORK SHEET
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: R-3
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension
Area Z 5,voo sq lot, t-14S9 s �,5t1 0
The Premises has frontage on unconstructed "paper" sheets as follows:
Saville Street 104.89 If those portions of the Premises within
Street Frontage Wallace Street 200.56 Wallace Street are included within the
Booth Street 90.00 - calculation the premises has %/5.6 feet of
frontage on the constructed portion of Booth
qty-eat Otherw; a the "s - s '
r'. vng
frontage.
Front Setback (s)
Side Setback (s)
Rear Setback(s)
of 8
PRINT CLEARLY AND USE BLACK INK.
Raeived by Town Clerk:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
" ry BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
�, -- S & S Builders Inc. c% Ralph R. Joyce, Esq.
- ~ plant _ r Address Ph
- =�� Tet. No. Street
Andover, MA 01845
1. Application is hereby made 508-685-4555
and Table _ of the Bening Bylaw
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land
-and building(e)-
numbered"ot, 67, Cgs 11-4.11 A, 11r, , Street.
b) Premises affected are property with frontage on the
North ( ) South ( ) East kX) West ) side of
Porth Street
Street, anel knewn et. lie.
-S
C) Premises affected are in Zoning District , and the
premises affected have an area of 1 RT_nnn+ _ square feet
and frontage of g feet.
3 . Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
';bPx}ten M 7 iha & Charl M AJuba
Date of Purchase 3gs2 Previous Owner—unknown—
b)
wnerunkrr wb) 1. If "applicant is not owner, check his/her interest
in the premises:
ML_ Prospective purchaser Lessee mer
2. Letter of authorization for .'Variance/Special Permit
required. � .
4. Size of proposed buildings 28* front; Gln' feet deep
Height 2 stories; 2,s feet.
a) Approximate date of rerect.ion:
5
b) occupancy or use of each floor: single family residential
c) Type of construction: wOOd frame
5. Has there been a previous appeal, under zoning, on these
premises? M If so, when?
6. Description of relief sought on this petition building pout
dehied upon ruling of #nadequate avoess
7. Deed recorded in the Registry of ,Deeds in Bee ---- „age _
Land Court Certificate No. 8696
The principal points upon which I base my ,application are as
follows: (must be stated in detail)
Building Inspector denied building permit by letter of NaveeA)er 30. 1994
based on ownership interest in the way rather than upon a determination _
of adequate access.
I agree to pay the filing fee, adve ising in newspaper, and
incidental expenses*
r
Lgnatur of . titioner(s)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties of
Interest" which list shall -include the petitioner, abutters,
owners of land directly opposite on any public or private street
or way, and abutters to the abutters within three hundred feet
(3001 ) of the property line of the petitioner as they appear on
the most recent applicable tax list, notwithstanding that the
land of any such owner ,is located in another city or town, the
Planning Board of the city or town, ;and the Planning Board of
every abutting city ,or town.
*Every application shall be submitted with an application charge
cost in the amount of $25.00.< In addition, the petitioner shall
be responsible for any and all ,costs involved in bringing the
petition before the Board. Such costs shall, include mailing and
publication, but are not necessarily .limited to these.
Every application shall be submitted 'with .a plan of land approved
by the Board. No petition- will be .brought before the Board
unless said plan has been submitted. - Copies of the 8oardl.s
requirements regarding plans are attached hereto br. re,.available
from the Board of Appeals .upon request.
M
Uey
x PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS.
ZBA. Premises to be affected: Lots 56, 67, 68, 113, 114 & 115 Booth Street
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
MAP IPARCEL ILOT NAME AQDRESS
98D Stephen M. & Cheryl A. Juba 55 Salem Street, No. Azad
ABUTTERS
MAP iPARHL SLOT NAME ADDRESS
I
Joseph E. Carroll Inwell 1
98F-1 13 j Kenneth J. Ahearn & Co., 1W.111 Southrid Circle
i
Andover,. NA 01814
98D 3 layino 260 River
j Andover.. NA 1 1
8D j 26 (John J. Hyland, Adm. 98`Abbat Street
i ! Lawrenoe, MA 01843
98D 125 SaQmiel & I tious Cataldo 3
Lymfield MA 01940
g
I John H. Carroll
98C j 45 ; spar J. & Ra ella 'Balsamo 8 Adrian Street
Ga
North Andover, NA 41845
98D IStephen M- Juba ITT
i
I
i I i
i
i
A
KAREN H.P.NELSON
, D;resror Town Of 120 Main Street, 01845
NORTH ANDOVER t508>682-6483
BUILDING +�&4\�`/a'
CONSERVATION °' "9`s DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
November 30, 1994
Ralph R. Joyce, Esq.
95 Main Street
North Andover, MA
Re: Juba to S & S Builders, Inc.
Booth Street Property
Dear Mr. Joyce:
After reviewing information included in your letters of
September 27 and November 7, 3994, there is still no legal
documentation before me that attests to your client's ownership
to the middle of the "way" Therefore, in my opinion, he does
not have adequate access to the lot in question. On this basis
and under the existing conditions, I would not be able to issue a
Building Permit.
:Yours truly,
D. Robert Nicetta,
Building Inspector
DRN:gb
c/Kathleen Bradley Colwell
g
i
t pORTy 1
G sta.�a s-�O
RECEIVED
3 +O�+ro♦R
JOYCE CDSHAW
,sSACHUg�t
NORTH ANDOVER NORTH ANDOVER
OFFICE OF A9 UC 20 P Z +21
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Any appeal shall be filed FAX(978)688-9542
within(20)days after the
date of filing of this notice NOTICE OF DECISION
Pr at: Booth�t1'@et
NAME: Stephen&Cheryl Juba DATE 12/15/99
ADDRESS: 555 Salem Street. PETITION 039-99
For property at: Booth Street
North Andover, MA 01845 HEARJNG: 12/14/99
The Board of Appeals held a regular meting on Tuesday evening,December 14, 1999 upon the application of
Stephen&Cheryl Juba,residence:555 Salm St.,for prean ses at:Booth Street,North Andover, MA.in the R-3
zoning district. Petitioner is requesting a Variance from the requirements of Section 7,Paragraph 7.1 &7.2 of Table 2
for relief of lot area and street frontage in order to construct a single family resdence.
The following members were present:William J.Sullivan,Walter F.Soule, Robert Ford,Scott Karpinski, Ellen
McIntyre.
Upon a motion made by Walter F. Soule and 2n by Robert Ford,the Board voted to allow the petitioner to
Withdraw without prejudice. Voting in favor: William J.Suffivan,Walter F Soule,Robert Ford,Scott Karpinski,
Ellen McIntyre.
By order of the Zoning Board of Appeals
UL,—
William J.Suitt
Chairman
ml.1999decision53
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535