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Home My WebLink AboutST HILLAIRE JR, PAUL NEw ENGLANDENGINEERING SERVIC9 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01845 "Pel: (978) 686-1768 • Fax: (978) 327-6138 Benjamin C. Osgood, Jr., P.E. October 12,2006 President North Andover Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: Assessor's Map 106-A Lot 44 Salem Street,North Andover Variance application Dear Madam Chairman: Please accept this letter as a memorandum in support of the request for a variance for the above referenced property. The particular supporting information as required by the application is outlined below. A. The particular use proposed for the land or structure. The proposed use for the proposed structure is as residential single family dwelling. B. The circumstances relating to soil....which do not affect generally the zoning district in which the property is located. The property as it is configured has been in existence since prior to 1956(see enclosed plan) and complied with zoning in North Andover at that time. The parcel was larger at one time but was made smaller by the taking of land at the rear of the property for a railroad easement. This railroad easement was eventually sold to the power company and still serves as a power line easement. Due to the shallow depth of the lot it is not possible to construct a home on the lot and meet the required offsets of the zoning district. C. Facts which make up the substantial hardship,financial or otherwise,which would result from literal enforcement of the applicable zoning restrictions with respect to the land or the buildings for which the variance is sought. If the applicant was forced to construct a dwelling and comply with the offsets required by zoning the deepest home which could be constructed would be 16 feet deep.A home constructed to this maximum dimension would not only present a hardship to the owner but could potentially derogate the neighborhood. D. Facts relied upon to support a finding that relief sought will be desired and without substantial detriment to the public good The property is located in a single family residential zone. The use will remain as a single family dwelling. The proposed dwelling would be located at large distance from the structures on the adjacent property and will not be detrimental to those structures or the neighborhood in general. The property immediately to the west(rear)of the property adjacent to the location of the proposed relief is a power line easement. This easement will never be used as a residential lot and therefore the requested relief if granted will never impact any residential dwellings. E.Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. The intent and purpose of the bylaw is to protect the inhabitants of the town and the properties within the town. Since the property is residential and the neighborhood is residential there will be no degradation of the neighborhood which is consistent with the purpose and intent of the bylaw. The fact that there can never be a residential dwelling on the adjacent property means that there can never be a derogation of the intent or purpose of the bylaw as it pertains to protecting adjacent structures. F.Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, � , �c-V Benj2C. Osgood,Jr.,P.E. President Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of ComplianceLl 242-1267 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Paul St. Hillaire, Jr. computer, use Name only the tab key to move 87 Church Street your cursor- Mailing Address do not use the Merrimac MA. 01860 return key. City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Paul St. Hillaire, Jr. Name etam 9/13104 242-1267 Dated DEP File Number 3. The project site is located at: Lot 11-2 Salem Street North Andover Street Address City/Town Map 65 Parcel 11 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 4961, Document#27216 215 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/22/06 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification; It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: w orm 8b.doc•rev. 113/04 Pae 1 of 4 paf 7 9 Massachusetts Department of Environmental Protection ��— Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1267 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 69 C. Authorization Issued by: North Andover 9b 216& Conservation Commission Date of Iss ante This Certificate must be signed by a jority of the Conservation Commission a co JY sent to the applicant and appropriate DEP Regio al Office(See Attachment). Signatures: P`r "paform 8b.doc•rev 7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1267 Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North 9,76499"be-r- 9006 On this Day Of Montir Year before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown Sig—nature of Notary Public t5 dg ,,4 � K:MASSACHUSEMI M Printed Name of Notary Public NOTARVPURC " COMMOWMTH O My Comm. 7,200 cyede7 My omC missi Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform 8b.doc•rev.7/13104 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1267 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-1267 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Chartemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc-DEP Addresses-rev,9/26/06 Page 1 of 1 E pORTy 1 yip q O ,s4eo 6� ti0 t ty�@Y[pi�l�$lQtn _ 2005 OCT 16 R1 a 58 A[u X1,9 °Awnoij sSgCHUS� 4t ata. ZONING BOARD OF APPEALS IO13 0`' F Community Development Division MASSAC',_ r Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 14th of November, 2006 at 7:30 PM to all parties interested in the application of Flanders Nominee Trust,Richard Adams, Trustee, 114 Stonecleave Road,North Andover, MA 01845, for premises at: Salem Street(Map 106.A,Parcel 44), North Andover requesting a dimensional Variance from Section 7,Paragraphs 7.1 & 7.3 and Table 2 of the Zoning Bylaw for relief of lot area and the rear setback in order to construct a single family dwelling. Said premise affected is property with frontage on the West side of Salem Street within the Rif zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover, MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chairman Published in the Eagle-Tribune on October 23 &October 30, 2006. Legalnotice 2006-036. M106.AP44. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofnorthandover.com 4 %400TH R ��o�t.`fy50 ;bwati�L Town Clerk Time Stomp f ` f r`t(s r EIVED k �SSACWI3`, P�' 3. 22 ZONING BOARD OF APPEALS Community Development Division Ar '1 "3 Date _ Oy �Q ] TO: Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a ariance pecial Permit Comprehensive Permit(40B) Finding for property located at: STREET: I 13,5 5, e yr jCf f te� l MAP:_.__ 10 6, 14 PARCEL: TOWN: North Andover MA 01845 TO MEETING DATE(S): r< In C 7 NAME OF PETITIONER: (�� C �g vd 0� \) r�c��vi 2 ��qy►� S SIGNED: PetWoner(or petition representative) FEB1600 Osgood Street,North Andover,Massachusetts 01845 BOARD OF APPEALS Phone 978.688.9541 Fax 978.688.9542 Web www.townofnarthandover.com f 40RTII 1 c �t.■° 16, T ..1�Il ik Time Stamp .lr •t• - a OL I:D 4:.. it 2007 JAN 12 PH 3: 2 1 i✓P �9'SSACHUS ZONING BOARD OF APPEALS NORTH Community Development Division MASSAC . Date 9 Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraiAts for the North Andover Zoning Board of Appeals to make a decision regarding the granting of-a arianc Special Permit Comprehensive Permit(40B) Finding for property located at: STREET: at I eiy, 1 I f MAP: PARCEL: TOWN: TO MEETING DATE(S): iF' Y NAME OF PETITIONER: i✓ V r/ \i�c_, A M 0Uy� Signed: 0 Petitio er(or petitioner' epresentative) Q �� 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fox 978.688.9541 Web wwwjownofnorthandover.com BOARD OF APPEALS Of µoRTH Town Clerk Time Stamp �t,an ,bg7'O 'VED SACHus ¢¢ ',d ZONING BOARD OF APPEALSMA I' i II Ch 4r'5' (ommunity Development Division SSA Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A,§17 Property at: Salem Street 106.A,Parcel 44), NAME: Flanders Nominee Trust,Richard EXAIUYG(S): November 14& Adams,Trustee, 114 Stonecleave Road, December 12,2006 North Andover,MA 01845 ADDRESS: Salem Street(Map 106.A,Parcel 44), PETITION: 2006-036 North Andover,MA 01845 TYPING DATE: December 15, 2006 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,December 12, 2006 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts upon the application of Flanders Nominee Truk,Richard Adams,Trustee, 114 Stonecleave Road,North Andover,MA 01845,for premises at:Salem Street(Map 106.A,Parcel 44),North Andover requesting a dimensional Variance from Section 7,Paragraphs 7.1&7.3 and Table 2 of the Zoning Bylaw for retie£of lot area and the rear setback in order to consuw a single family dwelling. Said premise affected is property with frontage on the West side of Salem Street 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 October 23&October 30,2006. The following voting members were present: Ellen P.McIntyre,David R.Webster,Thomas D.Ippolito,and Daniel S.Braese. The following non-voting members were present: Joseph D.La+Grasse,and Richard M.Vaillancourt. Upon a motion by Joseph D.LaGrasse and Td by Daniel S.Braese,the Board voted to GRANT the applicant's letter requesting that the Variance petition be WTIT DRAWN WrMOUT PREJUDICE. Voting in favor:Ellen P.McIntyre,David R Webster,Thomas D.Ippolito,and Daniel S.Braese. II Town of North Andover Board of Appeals, 1 M ,,*/ Ellen P.McIntyre,Chairman Decision 2006-036. M106.AP44. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com