HomeMy WebLinkAboutMiscellaneous - 0 BERRY STREET 4/30/2018 (3)I
r
Town of North Andover
ZONING BOARD OF APPEALS
\lbcn.11. Matti III, ES kj. t:lkrinuan
talon F. \l lntcrc, f me-C.Cburrman.
Richard.j. R,cr>. F.y. Ckrkf NORTH :iu C`a
-
lo�talt !) 7 al rnl�Sc r �� ,, � •�. pp .. - ::
Richard 1l 1 ailhrwollrr 70
d.rroernr:lltniLrn s � e r, i
lhntna�a9, IPpaliu, # ^o r j
j. 77
...
l).niicl � Iirac�c, l,\.�y• �� br.e �� �
sS�CHUSLR - I nrn Ckr6 1 ", ?tamp -
Minor Modification to Notice of Decision Year 2007
Decision Address: 0 BerryStreet.
NAME: Kevin Stack MODIFICATION DATE: .8-12-2008
ADDRESS; :0 Berry Street (Ma 106:1), Parcel 50) PETITION: 2007-016
The North Andover Board of Appeals held a regular public hearing on Tuesday August 12, 2008, at 7:30 PM in the
Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Kevin Stack
requesting that the. North Andover Zoning Board of Appeals modifyahe Variance decision 2007-0.16 in order to
locate the new single-family dwelling 20 feet from the front lot line.
The following voting members were present: Ellen?. Writyre, Joseph D. LaGrasse, Richard J. Byers, and Thomas
_
D. Ippolito.
Upon motion by Joseph D. LaGrasse and 2" t by Thomas D. Ippolito, the Board found that the request to locate the
dwelling 20 feet from the front lot line rather than the 2007-01:6 Variance decision's 10 foot setback is a minor
modification and that this modification does not alter the intention of the Variance decision 2007-016, Voting in
favor: Ellen P. McIntyre, Joseph D, LaGrasse, Richard J, Byers, and Thomas D. Ippolito.
Upon a motion by Joseph D. LaGrasse and 2nd by Thomas D. 1ppolito: the Board voted to GRANT Kevin Stack's
request to modify Variance 2007-016 by granting the request to locate the dwelling 20 feet from the front lot line
rather than:the 10 foot setback ranted in the 2007 request per.
Site:.. O Berry Street (Ma 306:1)
In all other respects, the original decision remains in full force and effect as modified hereby. Voting in favor:
Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers. and Thomas D. Ippolito.
�J
North Andover Zoning B and of.Appeai
Ellen P..Mclutyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Joseph D. LaGrasse
Associate Alemher
Thomas D. Ippolito
Decision. 2007-016 Modification.
M 106. DP50.
Enclosure: Decision 2007-016.
1600 Osgood St., Bldg 20 - Suite.2-36_ North Andover,.MA 01845
Phone - 97&688-9541 Fax - 978-688-9542 Wcb - wwww.townofnorthandovcr:coin
, Parcel 50), North Andover, MA 10845
Site Plan Title:
Variance Plan of Land, located in, North Andover. MA., owner&applicant,
Kevin Stack, 12295 Genter Drive Spring Hill FL 34609
Date (& Revised Dates):
7101108
Registered Professional Land
Michael J. Sergi: #33191, Christiansen &:Sergi, 160 Summer St. Haverhill,
Surveyor; _ :
MA. 01930:
Sheet/Drawin :
Dw .No:93005012
In all other respects, the original decision remains in full force and effect as modified hereby. Voting in favor:
Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers. and Thomas D. Ippolito.
�J
North Andover Zoning B and of.Appeai
Ellen P..Mclutyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Joseph D. LaGrasse
Associate Alemher
Thomas D. Ippolito
Decision. 2007-016 Modification.
M 106. DP50.
Enclosure: Decision 2007-016.
1600 Osgood St., Bldg 20 - Suite.2-36_ North Andover,.MA 01845
Phone - 97&688-9541 Fax - 978-688-9542 Wcb - wwww.townofnorthandovcr:coin
Town of North Andover -; I
ZONING BOARD OF APPEALS -
1lbcrt P. \lanzi III, I•::y. CLarnrinrr
I.licn P. \Itlnh•rv, 1 nr-(.banunn pp (�
lti<htrd I litu'.IJ .>q.Orrk Cf r1CliTfr 1ti HP f Z
•. O
luvhh U. rdsr It s� 1 '' .• OL
lachnni M. Vaillancourr �� T
. 11toidlr .i itmGrt's _ « i
tht ut.t, I). Ihp,iltr„ � � +
Cmr•n l.lrrk'Itm Stwgi
August 15. 2008
Kevin Stack
12295 Genrer Drive
Spring Hill FL 34609
RE: 0 Berry Street (Map 106.D, Parcel.50)
North Andover, Massachusetts 01845
Regarding your request for a six (6) month extension of your Variance:
Please be advised that the Zoning Board of Appeals approved a six (6) month extension relative to the premises
affected at 0 Berry Street (Map 106.1), Parcel 50), North Andover, Massachusetts:
The Zoning Board of Appeals voted to extend for a period of six-months the Variances granted by the 2007=016
decision to and including March 11, 2009 (without the extension. the variance would expire.on September 11, 2008)
at the regular August 12, 2008 meeting upon a motion by Joseph D. LaGrasse and 2"" by Thomas D. Ippolito. Mass.
Gen. L., ch, 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights
for a period not to exceed six months Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers.
and Thomas D. Ippolito.
North Andover Zoning Board of Appeals
Ellen P, McIntyre, Vice Chairman
Richard J. Byers, Esq„ Clerk
Joseph D. LaGrasse
Associate dlemher
Thomas D. Ippolito
cc: Town Clerk
Philip Christiansen
ZBA file 2007-016
M 106. DP50.
1600 Osgood St., Bldg 20 - Suite 2.36. Nrnth Andover, MA 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - wNvw.townofnorthandover.cotn
Albert P. -Manzi III, E'srl. (,Ln,rmar;
I :Ileu R McIntyre, 17hr-CL+airnr,n;
Riclwrd j R,vcts, 1"sq 11crk
lu,cph D 1 hGrasu
1141•id R_ \Webster
.-Ia.rn,, ie ;llemherf
11ton1as D. Ippolito
Richard M. Vaillancourt
Danicl S. lirnese, Find
f � e
Town of North Andover Toren i :,c rk I unc s :l; p
ZONING BOARD OF APPEALS
OORT
H
?O6 i6 qk�
►°. M 0,..i
p
4 0! e 4
�qA
TED �.^
P R5 e,
Any appeal shall be filed within Notice of Decision
(20) days after the date of filing Year 2007
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
40A. § 17 Pro erty at: 0 Berry Street
NAME: Kevin Stack HEARING(S): Augu�14September 11, 2007
ADDRESS: 0 Berr Street (Ma 106.D, Parcel 50) PETITION: 2007-016
North Andover, MA 01845 TYPING DATE: September 20, 2007
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, September 11, 2007 at 7:30 PM upon the
application of Kevin Stack, 0 Berry Street (Map 106.1), Parcel 50), North Andover, MA requesting a dimensional
Variance from Section 7, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), and Table 2 of the
Zoning Bylaw for relief of lot area, street frontage, and front and side setbacks in order to construct a single-family
dwelling. Said premise affected is property with frontage on the West side of Berry Street within the R-2 zoning
district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a
newspaper of general circulation in the Town of North Andover, on July 23 & 30, 2007.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R.
Webster, and Daniel S. Braese. The following non-voting members were present: Thomas D. Ippolito and Richard
M. Vaillancourt.
Upon a motion by Joseph D. LaGrasse and 2nd by Ellen P. McIntyre, the Board voted to GRANT dimensional
Variances from Section 7, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), & Table 2 for relief
of 23,560 sq. ft. lot area, for relief of 50' street frontage, for relief of 20' front setback, and for relief of 20' south
side setback from the requirements of the Zoning Bylaw in order to construct a proposed single-family dwelling;
per:
Site:
0 Berry Street (Map 106.D, Parcel 50), North Andover, MA 10845
Site Plan Title:
Variance Plan of Land, located in, North Andover, MA., owner & applicant,
Kevin Stack, 12295 Genter Drive Spring Hill FL 34609
Date (& Revised Dates):
7/9/07
Registered Professional Land
Surveyor:
Michael J. Sergi, #33191, Christiansen & Sergi, 160 Summer St. Haverhill,
MA. 01830
Dwg.No.93005012
Sheet/Drawing:
Building Plan Title: Floor Plan, Map 106.1), Lot 50 Berry St., North Andover, MA, prepared for,
Kevin Stack, 12295 Genter Drive Spring Hill FL 34609
By: Christiansen & Sergi, 160 Summer St. Haverhill, MA. 01830
Date: July6, 2007
Sheet/Drawing: Floor Plan, Front, Right Side, Rear, Left [elevations] Dwg. No. 93005008
With the following conditions:
1. The applicant shall provide a sewer tie-in as approved by the Division of Public Works.
Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, David R. Webster, and Daniel S. Braese.
Voting in opposition: Albert P. Manzi, 111
Paye 1 of 2
] G00 Osstxxl Street. l3uildirt,220 - Snitc 2-36_ North Andover, Massacthusctts 01945
Phone - 978-688-9541 F'as - 978-6$8-9542 Web - Nvmr rN.tthv�nolihorthnndovcr.ci>m
Albcet P. Manzi III, 1=.sq. C'l�aerm�rr:
1311en V. \•tclntVrc, I rre-Clnrirmar:
Richard J 13yers, F.sq. Clea
Joseph D, L.,aGrassc
David R. webstcr
A ioevle .V ethers
Jliotnas 1), Ippolito
R.ichnrd NI. Vaillaneonrt
Daniel S. 13r.+ese, Fsq.
Town of North Andover
ZONING BOARD OF APPEALS
�"oRrh
/// Q`st��o �6'q•40
y...� o. O
41
p_ c
loan -:I, rk"Fiinc Sin,np
n 11 (+E ) r, rI ''; n , 5 13
The Board finds that owing to circumstances relating to the specific soil, shape and topography conditions affecting
0 Berry Street (Map 106.D, Parcel 50) but not affecting the Residential 2 zoning district in which it is located, a
literal enforcement of the provisions of Paragraphs 7.1, 7.2, 7.3, & Table 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 without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the North Andover Bylaw.
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 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.
jNoAn:dover Zoning oar of ppeal
zi, III, Esq., Chairman
.tyre, Vice Chairman
Joseph D. LaGrasse
David R. Webster
Associate Member
Daniel S. Braese, Esq.
Decision 2007-016.
M 106.DP50.
Page 2 of 2
1000 Osgood Street, Building 20 - Suite 2-36, North Andover, MaSsnchuse(ts 01345
Phone - 978-633-9541 Fax - 979-088-9542
We!) - ��«.Zr.lo���tofnort.handos or.cnm
ZBA 541 . Date .7 .... : .....0 q
TOWN OF NORTH ANDOVER
RECEIPT
E
r
This certifies that ..(.�/+ i�E-�....�..Gi►!�.��..t!�..... ....-,?�.���� ...#�-�1�1
has paid.......�L;.qq./..z.
t i f
for..
Received by ....►.Fr /'►� ..................
Department......................................................................
WHITE: Applicant CANARY: Department PINK Treasurer
4
Town of North Andover Town Clerk Tune 5cs„ np
ZONING BOARD OF APPEALS
:Albert P. AIauzi III, Esq. C_hiiman, — r
1:.Ilen 1). :McIntyre, I 'irc-CGairman "ORT{y
q
li;ichard 1. Byers, Esq. Clerk, 01
0Ttico
a
loscph D. l_aGr,isse a` e�,pL r-�
David R. Webster0 co 27 SL.;
I ssoriate ;I femberr M
'Ihornas D. Ippolito ^o o
Richard M. \'aillancourr
Daniel S. I?raesc, I'sq. �SSACHu5E��� r
Any appeal shall be filed within Notice of Decision
(20) days after the date of filing Year 2007
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
IOA, § 17 Pro erty at: 0 Berry Street
NAME: Kevin Stack HEARING(S): August 14& September 11, 2007
ADDRESS: 0 Berry Street (Ma2 106.13, Parcel 50) PETITION: 2007-016
North Andover, MA 01845 TYPING DATE: September 20, 2007
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, September 11, 2007 at 7:30 PM upon the
application of Kevin Stack, 0 Berry Street (Map 106.1), Parcel 50), North Andover, MA requesting a dimensional
Variance from Section 7, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), and Table 2 of the
Zoning Bylaw for relief of lot area, street frontage, and front and side setbacks in order to construct a single-family
dwelling. Said premise affected is property with frontage on the West side of Berry Street within the R-2 zoning
district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a
newspaper of general circulation in the Town of North Andover, on July 23 & 30, 2007.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R.
Webster, and Daniel S. Braese. The following non-voting members were present: Thomas D. Ippolito and Richard
M. Vaillancourt.
Upon a motion by Joseph D. LaGrasse and 2"d by Ellen P. McIntyre, the Board voted to GRANT dimensional
Variances from Section 7, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), & Table 2 for relief
of 23,560 sq. ft. lot area, for relief of 50' street frontage, for relief of 20' front setback, and for relief of 20' south
side setback from the requirements of the Zoning Bylaw in order to construct a proposed single-family dwelling;
oer:
Site:
0 Berry Street (Map 106.D, Parcel 50), North Andover, MA 10845
Site Plan Title:
Variance Plan of Land, located in, North Andover, MA.,
owner & applicant,
Kevin Stack, 12295 Genter Drive Spring Hill FL 34609
(& Revised Dates):
7/9/07
LDate
egistered Professional Land
Michael J. Sergi, #33191, Christiansen & Sergi, 160 Summer St. Haverhill,
rveyor:
MA. 01830
heet/Drawin :
Dwg.No.93005012
Building Plan Title: Floor Plan, Map 106.D, Lot 50 Berry St., North Andover, MA, prepared for,
Kevin Stack, 12295 Genter Drive Spring Hill FL 34609
B Christiansen & Sergi, 160 Summer St. Haverhill, MA. 01830
Date: July6, 2007
Sheet/Drawing: Floor Plan, Front, Right Side, Rear, Left [elevations] Dwg. No. 93005008
With the following conditions:
1. The applicant shall provide a sewer tie-in as approved by the Division of Public Works.
Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, David R. Webster, and Daniel S. Braese.
Voting in opposition: Albert P. Manzi, III
Paye 1 of 2
1600 Osgood Street, Building 20 - Suite 2-36, Nortli Andover. MaS&IC11LISCtS 01845
Phone - 978-688-9541 Fav - 978-688-9542 Web - �mw.fwll oluorthundovcr.com
Albert P. Manzi 111, Esq. Chairman
Ellen P. Ntclntyre, lure -Chairman
Richard 1, Byers, T2"sq. Clerk
loscph D. LaGrassc
D:Iaid R. Wehner
ssoruae Alemberr
lbomas D. 1ppolito
Richard IM, Vaillancourt
Daniel S. Brnese, .Esq.
Town of North Andover
ZONING BOARD OF APPEALS
Torn (:Irrk Trois Sin,np
0 7��' i'. ^. �.
Oji 0�. GJ v7
The Board finds that owing to circumstances relating to the specific soil, shape and topography conditions affecting
0 Berry Street (Map 106.D, Parcel 50) but not affecting the Residential 2 zoning district in which it is located, a
literal enforcement of the provisions of Paragraphs 7.1, 7.2, 7.3, & Table 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 without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the North Andover Bylaw.
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 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.
NoAndover Zoning oar of ppeal
ert P. Manzi, 111, Esq., Chairman
lien P. McIntyre, Vice Chairman
Joseph D. LaGrasse
David R. Webster
Associate Member
Daniel S. Braese, Esq.
Decision 2007-016,
M 106.DP50.
Page 2 of 2
160() Osgood SU -:et, 1311iIding 20 - Swte 2-36, North Andover, Massachusetts ()1845
Phone - 978-688-9541 Fax - 978-688-9542 Web - ������.to��nofnorthando�er.com
Albert P. Manzi HL Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Joseph D. LaGrasse
David R Webster
Associate Members
Thomas D. Ippolito
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS R - E C E I V E D
Legal Notice
North Andover, Board of Appeals
2007 JUL 17 PM 3: 0 9
NORTH ANDO,,�
MASS ACHUSE T f r
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 August, 2007 at 7:30 PM to all parties interested in the application of Kevin Stack, 0 Berry
Street (Map 106.D, Parcel 50), North Andover, MA requesting a dimensional Variance from
Section 7, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), and Table 2 of
the Zoning Bylaw for relief of lot area, street frontage, and front and side setbacks in order to
construct a single-family dwelling.
Said premise affected is property with frontage on the West side of Berry Street within the R-2
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, III, Chairman
Published in the Eagle -Tribune on July 23 & 30, 2007.
L.egalnotice 2007-016.
M106.DP50. —
� � Waoam�cmo��� o,o�� c�o�owo - nod m cDcom-'_op3,ZG7
woD�S
aa.O 6 �FC
CO!R- ��=J�Do�-o"'3Zw o-°�omDsi=r
00 vi. CL
°n3 °ia���m0-p, CD ID C.L. o {Nyco<p�i�'�?:m�,u�3.ov°��DpZ
V ONj-a.0-V0 ��0_ 0 BOO �O QD r\) N CI �N JA�U,O �D 4"'< 0<O
N'O ID ASO N, &a
O N�7 N P1 (D 7 A-�a�,�° N y�y Ci7 �•�p'C a mC �'-�
�3_.ma �p-m Now3 3- 62'
�v_. mmo�D91w°o�Dm
16W Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnortfmdover.com
\1
North Andover
ZONING BOARD OF APPEALS
Top Floor Meeting Room, Town Hall, 120 Main Street, North Andover, MA 01845
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street, Bldg. 20, Suite 2-36
North Andover, Massachusetts 01845
Re: The application of Kevin Stack for a(n) Res. Variance to allow Var from 7.1, 7.2, & 7.3 in order
to construct single family dwelling per conservation outside the wetlands buffer zone, dated
July 13, 2007.
Z.B.A. Hearing No 2007-016-7292
DETAILED RECORD AND DECISION
NORTH ANDOVER Board of Appeals, hereby certifies that the following is a detailed record of the
board's proceedings and decision regarding the above captioned application regarding the property
located at Map='106.D' and Block --'0050' which property is affected by this decision.
The above captioned application requests a(n) Res. Variance from Section 7 of the North Andover Code
to allow Var from 7.1, 7.2, & 7.3 in order to construct single family dwelling per conservation outside
the wetlands buffer zone.
A true copy of the application is on file in the Clerk's Office.
A notice of public hearing on this application, a true copy of which is on file in the Office of the City
Cleric was:
1. Published in the Eagle -Tribune, a newspaper of general circulation in the North Andover on ...
and ....
2. Posted in a conspicuous place in the Town of NORTH ANDOVER on... which was at least 14
days prior to the hearing; and
3. Mailed, postpaid on ..., which is at least 14 days before the hearing to the petitioner, abutters,
owners of land directly opposite the property in question on any public or private street or way,
abutters to abutters within 300 feet of the subject property, the planning boards of the abutting
towns. The notice was mailed to the names and addresses shown on the most recent tax list
provided by the assessorVs office.
The public hearing was opened on August 14,2007 at ... at which time opportunity was given to all those
interested to be heard in favor or opposition to the application.
The public hearing was closed on ....
CeoTMS®1998 Des Lauder & Associates, Inc. Page 1 of 2
Kevin Stack
Map='106.D' and Block='0050'
Page 2
Based on the evidence and testimony presented at the public hearing, the Board made the following
findings that:
1. ....
2. A literal enforcement of the Bylaw would be a substantial hardship to the owner in that ....
3. There will not be substantial derogation from the intent and purpose of the bylaw because ....
Any person aggrieved by a decision of the Board of Appeals may file an appeal pursuant to General
Laws C.40A, SA 7. Such appeal must be filed within twenty (20) days after the date of filing of the
notice of the Board's decision with the Clerk's Office.
The following members were present and voted as follows:
Signatures:
cc: City Administrator Petitioner DPW
Board of Health Conservation Commission
Planning Board Pile
GeoTMSO IM Des Laudem & Associates, Inc. Page 2 of 2
OF �,►ORTry 1
Or •` ` , ` O1s
n
'SSgCHU`���
. Date -.!.`...��?.10.7.....
TOWN OF NORTH ANDOVER
RECEIPT
This certifies that '
has paid!. .!..1.�..Y..(.....
�!!4....�.�•.1..�..........�+�. ��.Q..�
for .<'-.� y.�.....t).;.-......�....!'t.ti .!°.....P /✓�.
Received by ........ 1- �!F..; 1 - Yf? <` Y.i.........................................
Department .............. ..........................................
WHITE: Applicant CANARY: Department PINK: Treasurer
zBA 4 5 9
OF Nor+rM �
.1�� �: - � r • '`'OCL
0 � 9
,SS°GCHUSE
q L A
Date, -2710-..0-7
TOWN OF NORTH ANDOVER
RECEIPT
This certifies thatl!!..✓. t..� Gt.,rV�."r"..J l�i�.. �............................
A �V
has paid... ..(.i ..... ... ..%. ..'I�'�............c�r00***.0 6
for ke.4.....IIS.tr........jbf./..... �. ?� ... .. D .�.� .. 5.�
Received by ..... c.%.??1..............................................
Department..........fie -r-.4.............................................................
WHITE: Applicant CANARY: Department PINK: Treasurer
- _ t
S
�
AUG 14
BQARU of APPEALS
.F(
- as
AIT
SIV3dd'd do ObVoe
°1� -Late
S Ida,ddV �0 rj8t08
LJZ L 91
n
q 10 -�00-�
0
--1
AUG+
SQA �f� Or AP?F S
• l w
� �•�' ` 1.
IRA
10
Art "• • * r : � �/ A •i►
•
top
• t ' * �"f(E' �-�+•, ,'fir' �•� n�,/�
0 16
30A� 05 APPrAs
Ite
�'�a '
i x `ate Al
sY s�
.` M'�,�� a S:=•e"„'� Ar
.x� '`g ,L � �r a '' . � s•gy�k.a-, t
f y
• r.
. r• w � t �'°kC% FJ`. s - �' `aT q{ti °��i $ :'"'3�,a1 4 `� �' �; M� VAS �y 'V� ����� a�,�'�
N
,� : w��4i �1 iC'#�'". r� ° �t •. r� i°'� a
�
lµ "• .}-�4.t17t� .'?':_ ,� ". 5"�,`..�_ ,` : t j�. ,�� t't"
�} ' 110- t� ; ,� �k } '�rfF�'�'s iZ:�'k �M •e� �h S� � '�i� k '.
.1i a d-rcrM
R;s ice+, •-
t F i''`' ,�r7" ki, t t f J i t ` '* A �" � '� �, A ', � -'+, " �' � '�` '' lei•' a
S,Ryy 4 41 R ✓< ,Ciµ i• Y 4-.
rs�
1
Cy ) f "' 1s ( ruv,�9"
+� `� y �"g �,fyw F 4o- a't•l 4 f i 6A- 9� '+�4
'i{+ i r ''ioa I k [#•'� "%'., .yt �.s
t
a k
i
h
hall
r
2. �. •_.. A.--'. t - - -t - r`".,ge..�P
z.
rm7.
F
t ' r'm.' - 14 r,:' ea � �#�1 % e PI�,� s' s � ;kTr � 's�-• ,'0y2 •���`a ��u�wmeuca :'�,. y' � F?� 'e}* {^ :'s�7 '��p'�' � t t\' :�
ti��° � ���7' ti,'�F �; Citi r� � S °"���•�'�� r �
h;,7
��� '� C� �i�• '`� �5�.�i a` k;��..-. � .� g;;shs i''�4 r� ` � ��'� i€1"_B r€�,`�'.,sr„��5t+ r� � ft � t�, 3-�ret ''.� � Z 4, �T
-
,N3 _ I
•o
,tc',•. -,;.. � -' .a
k�
..�,� � ' YY <,,, w 57r 4'Si.;.. ,y� >, •�C y ^a »� � � e rt � f t2 - - �� �' � - —v;:
�r�v.,;. 4 }. <* ray;=r•µ.- l: ✓'.,h �'" 'ta'E`v`4! fr„Sk-7r.�'`ar .u..,- r 'TC.�
'wd° y ,2 ""irk.'.' , 7.: ; - `, 6..r<:k� �, .. i� c."k '"°-�:� ��$����'�`kf��c�•rv�a'p i�s�,:-p ,,"•���r.i3'�,' : a ; �- t» � .•�. .
NOW
� rTe r � _u s; �l '�` '�:. ��w �� r""'�' �'4 t�P'"'r',>? # , �,� r :• 6 5 I.• �r x
5. x•”-.a,,,,it�. e s a 'R b :' s at ,t i" i-^ fes. a �..' r
,�� h{t T•' i
-
.s}}
=f R"
RIM
qW
y^�z�` ��'+ � �Ytirs P i� ���•,>� s'�': � y(d -�1 ,;� � �xi S 'N.
Q\ 1 '`r.y ,+rY, .i x3 V..�^ rx,� '�' Yk• q i -oyh Yh (, ny-'-'. t -�;
i
ry
,S
C
'o
w
(o
(D
m
(D
A,
m
(o
0
W
Q,
D
D
u
.D
r_
n
J
O
z
r
O
G)
(O
CO
O
(D
O
O
O
o
O
O
O
O
CD
00
CD
(D
(O
(O
O
c0
O
O
(fl
W
O
0
O
OD
(O
OD
O
O
t0
00
O
O
00
(O
(o
O
OD
O
O
O
O
00
CO
I
DD
0
O
M
00
OD
-1
O
A
N
A
A
N
0
K)
-P,
W
'J
V
V
N
N
O
W
•P
W?
O
-I
N
O
Ut
O
(�
o6666—'666666666666666666666666
!
,
W
W
m
A
O
N
0-
•P
W
A
O
w
O
s j
D
N
CO
Ul
W I
O
-I
.A
W
�
-A
A
0
N.4
0
0
-•
N
O
N
O
0
N
M
00
W
N
O
A�
W
(O
W
O
W"
(n
O
W
CO
0
V
S
A
i
I�
�O
�
00
`
�
N
o
o
O
O
O
o
o
{
coo
R1
O-
i
O
O
OD
O
O
0
O
0
V
0
N_
�
0
W
0
00
"r
UOl
n
n
cn
�
<o
(�
N
n
m
�n
0
v
a
N
N
z���_�
w
c_n
W
W
m
0
F.
Ow
r
N
o
m i
o�i
o
<
(n
n
a
°
°1
$
el
c
O
:3Qo
7
cn
O
O
cn
0.
rn
0 ((D
@'
N
"
3
O<
N
CD
>r
O
3
o
N
w
C
..
CD
(D i
O
O
7
O
0
S-
7
N
O
N
(n
=
(D
0
0
-n �(p
�.
CD
C
�+
.
0
0.
(D
ID
o
v
N
3
o
O
`�
O�
O
7
D<
0
a)
O
G)
n�
3
a
m
((D
,
m
3
3
X
u
m
s
v
�. I?
r
w
o
m
Y
a
m
c
-i
90
;
0°
N
rn
n
3
3
RD
i
(7
N
-
co
C-
m
<
?
't
f-
y
J
i
m
oo_
a
s
D
o`
0N
QD—
CD
-,
a
3
=3
0 (
:3
CD
(D
CD
(On
I
C1
n
X
I
W
I
D`
CD
_�
a I
I
z;
ice;
v
I
q
CD
CD
=�
00
WWco
O
0
O
0
O
o
O
o
O
M
O
3
O
C
C
C
C
C
K
Q
1
0<<<<<
(D
c�
0)
c�
(D
c�
N
m
(D
(D
(�
CD
(CD
((D
(CD
((D
(CD
C
((D
(D
CD
CD
CD
3
0
0
>
���
m
m
A
<<
<<
<<��
�<
CD
m
cn
cn
(n
cn
cn
cn
rn
cu
m
m
m
m
CO
V
(n
N
CU
N '
Z
Q
(0
(0
(0
(0
(U)
(rt
((n
(U)
(
r•.
,-«
_'
..
U)
>>>
N
0
(D
O
qq
r
O
w
Cj
w
°)
o
;p
;p
�
U
O
<
(D
(D
(D
=
_
r
;y
Q
.Cl
L
:U
0_
�l
0
COD
='
COD
-
(n
-
(n
a�
"�
p
m
00
o
n.
a
o
0_
w
V'
N"
,
N
O
r
D
W
OD
m
co
o
m
m
o��
cl
U,
o
rn
,;
0m
o
90
I
CA,
-1N
W
(
I
W
hP
f j
:U
;u
17
;o
CA
a
A
P
N
N
W
N
A
4.
:
C�
<G
<<<<(n<<'U<;U<<<<<<CA
mi
mm
mm
70
0)
nvl
v
2)
0)
m
nl
2)
-0
O
(
<<
0)
W
m
<a,,
v
(D
m
al
W
�v •
CD
m
-v, '
m
m
M.
-v,
_,v
'=.D
f
,'
(D
'
O '
=
'
O.
cD
3
:1a
3o'
nm
-p
m'
=3
m
>
M
m_
Q(n
co
>
m
n_,i
m
v
:3
m
>
m
>
m
>
m
>
m
o
73
m
>
m
>
>
m_
CD
movomv
>
(o
>
m
>
rn
=3
m
>
cD
>
0
m
0
-p
3
CD
O
m
w
cD
o
Z)l
m
r.
CD
cn
0
(Dcc
-4
CD
-1
vgo
=
o
0
O
3
<
<
CD
Q
3
<'
<
�'
(n
cn
cn
3
<
(n
io
O
".
,p,II
N
(D
fo
(D
(D
3
�
o
f
1
X
I\
{
CO
0
0
m
O
Ul
Ul
(0
I
00
N
00
M
cm
T
T-0
/0
0
OD
O
0
V
V
v
A
n
�p
-4VN
novo-4ODOD
a
O
W
T
o
-,
O
Ul
90
Cn
Ut
N
W
O
d
'W
fAfANfA
fA
UlfAfAN
fA
fAfAfA
fA
N
fA
Ul
fAfAfAVf
,
W
O
69
-•
0696969O
fA
1 N
O
O
Ul
o
0
Co
U1
coo
O
Ul
0
0
0
0
0
0
N
Ut
O
O
O
O
O
N
Ul
Vt
2 0
690
O
O
N
Ul
69fAyfl
O
O
m
O
O
O
O
O
o
o
O
o
o
o
o
O
O�
O
0
0
0
0
0
0
0
0
0
0{O
O
O
O
O
O
SRL
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
\A.
CD
O
N
N
V
1
j
N
N
NOD
O
O
CO
tD
O
O
O
OO
O
(O
O
O
O
(O
U1
Ul
N
0
V
co
N
O
N
O
w
oo
A
O)
0
N
(O
O
o
v
G7
G)
G)
G)
G)
j-
G)
G)
G)
G)
G)
G)
G)
G)
G)
vCD k
E
CL
CL
Q,
D
D
u
.D
r_
n
J
O
z
r
O
G)
m
0
m
z
3S
.��
co
co
co I
o
O
(D
O
O
O
(D
0
00
00
00
O
O
o
C4
O
CO)
O
O
O
O
O
(D
(D
(D
Oo
4
aD �
M.
O
0
OD
W
O I
v
(D
O
00
4
(D
N
OD
4
(D
�
O
N
O
(n
O
N
00
A
(O
W
Oo (OD
-4
-J
O
-I
Oo
N
O
N
00
0
(D
W
(O
-N
O
W
Oo ,
A
OO
o
V
O
N
(D
O
Oo
M
(O
O
f
0
b
W
W
b�0
O
4�N�A
1
O
1
O
CD
b�
—
W
1
J,
O
I
0
W—
O
1
0
O
1
0
N
O
1
0
Cn
W
b
O
v
b
-N
W
I
0
-N
4
Z7
A
O
b
N
M
ii
b
J�,
0
1
0
-x
N I
I
0
O
N
I
0
O
07
1
0
N
O
1
0
M
W
1
0
N�"
O
1
0
M
1
0
0
I
O:O
W
O
1
W"
Cn
I
0
O
1
0
W
0
1
0
O-•
-4
1
0
j
A
4
(%
N
N
N
N
N
O'
N
O
N
O
N
O
N
O
(D
N
O
O
0
0
0
171;
O
JCn
O
0
N
0
-1
m
N
O
N
O
W
O
O
O
y
O
N
4'
I
..
, �.
S
Qo
C
c
(v
I
,O
(jC
»
C
OQN
N
m
O
C�
L I�
=
O
'a
(D
�
(D
7
�•
7
7
O
o
"
-
a
o
m
m
K
m
M
`
m
m
:
(D
v
`-
o
a
o
O
o
N-
o
-n
co
m
<_
(D
v
m
(D
m
o
N
o
m
0)
3
o
N
Q°
m
a
a
°'
°'
c
�
m
m
(n
m
3?
xm
cn m
m
s
m
.�
-��
rr-m
Im
O—
aCD
am�I
m
m�
PC
�m
a
�,��o33�
m
O
90
C -
y
I
T°o
ani
C-
0
a
:3
CD
o
m
a,
<
-n
3
3
m
(D
o
a°
CD
3,,
�
10`D
v
°
Z,
I
c
:3I
(n
m
'
mk
O
c
CD
i�
m
m
b y
WW
07
07
W
W
03
co
W
co
W
ou
07
, 0]
07
m
m
0]'
m
07I
I m
m
!�
m
m
W
m
W
m
m
Im
m
m
m
07
m
107
m
O
O
O
O
O
O
O
C
C
G
C
C
C
X
<
<
<
<
I <
I
(n
6
m
6
O
Er
O
.�
7
>
>
(D
(D
fD
m
N
N
0
CD
CD
3
7
fnSprrrn
(D
(D
-•
Z1
Zl
�7
17
.<
!`G
'<
�G
(
<<
(D
Cn
(n
(n
Cn
U
I Q
(D
7
(�
in
Qadd
m
�n
, (n
%
u)
%
..
N
-,
-,
,Z—X,
G
`G
<
D
m
m=_
(D
m
o
w
rn
a
Q
a
FI
o<
-
" -m
Y
N
r
�aaaa
CilUlnrn
r
,
N-
au
cn
�'
>
j
r
.i
W
W
o(°oi�
m
IAp.
a0i
N
m
cin
(n
00
p
II
�
p
I
o
N
o
�
N
W
MUY
4
01
iS
1111
;u
;uT�1
..._.._N
N
N
N
N
N
N
��'71 N
��`71 N
{
<
<W
'D
<
;U
<
` <
<
<
<
<
(!)
n
�7
<
<
<
v"D
-0
m
��'m
m
m
m
m
m
m
m
m
m
0
m3L
o
m
m
mv
CD
mm
�m
o
M.
m
I<
M.
m°
0
m'
m•
v
ni
m
�
v
m
0
m
m
m•a
m
m
v
w
m
m
0
mm
3
>
>
>
>
M
>
>
m
>�
•
n
3�0
73
D
n
n
n
n
0
0
0
O
n
A�O
0
0
0
O
O
0
n
O
O
(D
CD
(°
m
D
0
D
m
D
D
D
D
0
O
D
D
D
D
D
D
D
D
D
CD
N
rn
m
m-4
Sp
fp
Spm
N
n
3
<
<
3
<
<
w
cn
(n
cn
3
<
cn
°
'v
':
m
v
0
m
v
mm'o"`
�
CD
v
.
mn
m:
n
N
4
.1
m
•
Nn
op
U)
N
N
v%
N
Z)
o°
m
.P
(D
m
N
(D
:a
(D
;
33\
B�
3
rn
I
I.
I
I
I
rn'
K
gq
OOD
N
U01
cnn
~
-4
•000
�
�
I �
Oo0
OOD
0
0
�
v
i)
p
V
v
N
0
i7
v
v
V
CO
CO
0
w
-0-0
-u
O
C7
i
90
.
I:0
CA
N
W
O
�l.
� �
i
�
N
f;0ffl
410
i
fig
ffl
69
en
W
ffl
Efl
ffl
00010
W
N
69
cn
O
to
O
69
O
N
69
0
69
0
69
0
N
Cn
CA
0
69
0
(9
0
69
0
69
0
O
0
N
CP
O
O
fA
000
ffl
ill)
O
O
N
Cn
0
0
A
0
O
0
N
Cn
fA
O
Yfl
O
'M
rn
t11
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
N
N
A
N
00
0
00
(`O
O
00
4
O
IV
1
o
o
(DDC
(Do
0((00
0
00
0
a((00
0000
o(o
0 t
0:
W
CA
N
V
N
N
W
A
O
N
0)
G)
G)
G)
_G)
_.._..
G)
G)
G)
G)
G)
C)
G)
G)
G)CD
;
7
CD
7
I
CD
CD
N
co
D
r
n
O
z
r-
0 O
G)
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
VARIAM%.
20C1 JU! 13 PIM 14-25
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be
submitted thirty U days prior to the first public hearing.
Failure to submit the required information within the
time periods prescribed may result in a dismissal by the
Board of an application as
The information herein is an abstract of more
specific requirements listed in the Zoning Board
Rules and Regulations and is not meant to
supersede them. The petitioner will complete items
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Variance. All information as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in page 4, section 10 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessor's Office to compile
a certified list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and ten (10) Xerox
copies of all the required information to the Town Clerk's
Office to be certified by the Town Clerk with the time
and date of fling. The original will be left at the Town
Clerk's Office, and the 10 Xerox copies will be left with
-.he Zoning Hoard of Appeals secretary.
1,11PORTANT PHONE NUMBERS:
)78-1,38-'9533 office of Community Dev: & Serkfices
1600 Osgood Street,
Rlorth Andover, MA 01845
a 3 5�42 ax for Community Development --ffices
-45' wilding Department
373-o?83-.9541 ming 3card of Appeals Cffice
JUL 7 2 �uui Lj
BOARD QFAPPFAI s 7).0,1)7- n 14,
Time ata;np
STEP 8: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petition, the Board shall decide on the matter by using
the information it has received to date.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A § 17, within twenty (20) days after
the decision is filed with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision, the Mylar, and any accompanying plans at
the Essex County, North Registry of Deeds, 1-81
Common St., Lawrence MA, and shall complete the
Certification of Recording form and forward it to the
Zoning Board of Appeals and to the Building
Cepartment.
:,,forth Andover Town Fail
120 Main Street
978-888-9501 Town Clerk's Office
97"'88-9566 Aosessor's Office
PAGE -1 of .4
PAGE -4 OF 4
9. 'WRITTEN DOCUMENTATION
Application for a Variance must be supported by a
legibly written or typed memorandum setting forth in
detail all facts relied upon. When requesting a Variance
from the requirements of MGLA ch. 40A, Sec. 10.4 and
the North Andover Zoning By-laws, all dimensional
requirements shall be clearly identified and factually
supported. X111 points, A -F, are required to be
addressed with this application.
A. The particular use proposed for the land or
structure.
B. The circumstances relating to soil conditions, shape
or topography of such land or structures especially
affecting the property for which the Variance is
sought which do not affect generally the zoning
district in which the property is located.
C. Facts which make up the substantial hardship,
financial or otherwise, which results from literal
enforcement of the applicable zoning restrictions
with respect to the land or building for which the
variance is sought.
D. Fads relied upon to support a finding that relief
sought will be desirable and without substantial
detriment to the public good.
E. Fads 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.
F. Submit RDA from Conservation Commission when
Continuous Buildable Area is applied for in ZBA
application.
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Plans
must be submitted with this application to the Town
'!erk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation plans by a Registered
Architect may be required when the application
involves new construction/conversion/ and/or a
proposed change in use.
10. A. Major Projects
'Aajor projects are those, which involve one of the
following whether existing or proposed:
I) five (5) or more parking spaces,
tI) three (3) or more dwelling units,
Til) .2.000 square feet of building ,rea.
it-ajor ?rcjects shall require, that in addition to the VIB &
1cC atures, shat the plans showdletailed ulifities, nils,
:.i A topographic information.
VARIANCE
``t0. B. 'Plan *ecifications:
A size of plan: Ten (10 ) paper copies of a plan not
to exceed 11"x17", preferred scale of 1"=40'
in One (1) Mylar, with one block for Registry Use
Only, and one block for five (5) ZBA signatures & date.
III) Plan shall be prepared, stamped and certified by
a Registered Professional Land Surveyor. Please
note that plans by a Registered Professional Engineer,
Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
*10 C. *Required Features On Plan:
I) Site Orientation shall include:
1. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
In Legend & Graphic Aids shall include:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and land surveyor.
7. Locus
10 D. Minor Projects
Minor projects, such as decks, .sheds, and garages,
shall require only the pian information as indicated with
an. asterisk (*). In some cases further information may
to required.
11. APPLICATION FILING FEES
11. A. Notification fees: Applicant shall provide a
check or money order to: 'Town of North Andover -
4022-1760-4841" for the cost of first class, certified,
return receipt ($4.64 as of January 2006) x # of all
parties in interest identified in MGLA ch. 40A §1 i on the
abutter's list for the legal notice check. Also, the
:applicant shall supply first class postage stamps
!currently 39¢) x the # of parties of interest on the
-abuttees list for the decision mailing.
11.8. Mailing !abets: Applicant shall provide four (4)
sets of mailing labels no larger than 1'x2-5/8" (3 copies
for the Legal, and one copy for the Decision mailing).
-11. C. P,pplicant shall provide a check or money order
to: 'TGwn of North Andover" per 2005 Revised Fee
Schedule.
.4'darian+ce �;nuce granrnd 13y dl`e 3A ',,1A1i ',ap..e n
1 ?one) year if not �ixercised and a new petition roust
ne submitted. 4
PAGE 2 OF 4 w r�
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
Please complete all items t -10 below:
1. Petitioner: *Name, *Address and telephone number:
SfDll? I N G 1+ 1 LL FL 34 6,0 01 3,5-3 - �3aS ��' cid
*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:
Slime Gcs M3
Years Owned Land:
3. Location of Property:
a. Street: e-rr� SYee4-- Zoning District:
b. Assessors: Map number: 106, D Lot Number: _
c. Registry of Deeds: Book Number: 1-7s-7 Page Number:
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
Ci,- �' ' ,sec_ +ice Pa -y -,--Z Uad sci botks and Table I
A - l +r --j rSe c:k—v 7 pa, 7 1 o LL f fi r� e i � -7.2 �Sftz - �t �� i u �3 ccm-ct Tcc a
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance request:
R►lel[�7[[L1(aac�s�:I�f.7i1�L�/�C��Z��'��L
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. 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 dimenslon(s) that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
AA3,S0 %g Z� 20, Z0
B. %
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
43 5-60 0A oA- '30 30 z �
7A. Existing 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).
7B. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building" of Units"
fJ
*Reference Uses from the Zoning Bylaw & Table 1.
"State number of units in building(s),
8. Petitioner and Landowner signature(s):
Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility, The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by e Zying rd of t 'application as incomplete.
Si nature.4'-
Type_ above ne(s) here: D4 14-1 P G COR 1677/ NSEtU
f+C— E7' Fol-, KEV t. N S—( c%
NORTH ANDOVER ZONING BOARD OF APPEALS application
for a VARIANC E
6 B. Existing Lot:
Lot Area Open Space Percent Lot
Frontage Parking
Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage
Feet Spaces
Front Side A Side B Rear
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
43 5-60 0A oA- '30 30 z �
7A. Existing 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).
7B. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building" of Units"
fJ
*Reference Uses from the Zoning Bylaw & Table 1.
"State number of units in building(s),
8. Petitioner and Landowner signature(s):
Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility, The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by e Zying rd of t 'application as incomplete.
Si nature.4'-
Type_ above ne(s) here: D4 14-1 P G COR 1677/ NSEtU
f+C— E7' Fol-, KEV t. N S—( c%
��RTM
Zohiing Bylaw Review Form
Town Of North Andover
106.0150
Building Department
�t}
1600 Osgood Street, Building 20, Suite 2.36
yrtnr.u.n
North Andover, MA- 01845
t{
Phone 978-688-9545 - Fax 978.688.9542
street: 0 Be Street .
fUia lLC,t:
106.0150
�p licant:
Bevin Stack
Iyer unmet
Construct sinRle-famlly dwelling
Date:
7-6-07
Please be advised that after review of your Application and Plens that yOur Application Is
E)ENIEO for the foltawing zoning Bylaw reasons!
Zzninq
District: R-2
Site Plan Review padei Permit
y, : ,.. 3rif8eFk Varitmco
Acca@@ adman than Fronta9A Spedel PermitPirkiny
vay ILi a
I�I ~
i' A
ROM
Let Area
Notes
F
Berm
Frotltage
Notes
Oontlnuhg Care Raftment Spedel Permit
Lhf, area Insufficient
X
1
Fronto Insuffieiant
X
2
Lot Area Preexistln2
X
2
Fronts a Corn fres
iFc+rm}f fr�r 2 Unit
—3'
Tot Area Com lies
3
Preexisting frontage.
X
4
Insufficient Information
4
Insufficient information
Uea
5
No acceas over Frontage
I
Allovmd
X
G
Contiguous Building Arae
Le
Not Allowed
1
ln8ufiiient Al ea
$
Use i-'raexistin
2
Com hhs
f Z.
�t,
5 9cigl Permit R ired
ltlsufficiem Information
3
4
Preexls@ tyBR
Lot created prior to 1986
X
Satback_
H
Building Height
P' .,i
Ail setbacks comply
1
Het t etods Maximum
Front Insufficient
X
2
Complies
X
.
;._ _
Left Side insufficient
X
9
Pre;W91ing Height
ER
ht Side Insufficient
ar insufficient
d
I
Insufficlent inforrnallon
g�ts{irfirr� Caverag®
5
j
Preexisting setbacks
insuf dent Irtformatton
1
2
1 Covorage exceeds maximum
Cove o Com lira
f"
U Watamhed
3
Covempe Preexisting
Not In Watershed
3 j' In Watershed
X
4
j
Insufficient Information
Sign
SIA
+F tai plor to 1014/84
1
SiQri !tut alio cad
I 1 Zone to bo Determined
2
Sign Caen les
Ir+wur?cient J*rmation
3
Insulficlent information
Hi torlc District
K
Parking
'I in District reviow requirea
1
1
Mora Parkin F2 ulnad
Idat In district
X . ,
2
Parkt�R Coin IL48
X
3
inso7icientInformation _
Xl+ltlMIV for the above Is checked below.
jIleaIt Special Permits Plannin Board
Item?k tf rl snee
Site Plan Review padei Permit
y, : ,.. 3rif8eFk Varitmco
Acca@@ adman than Fronta9A Spedel PermitPirkiny
vay ILi a
FrcnGge Sxeepnon fat Spacial PermR
X- Lot Area,Fr�ILI1! Varlamao -
Common orl wny Spedel Pamn11
Nsa ght Jaitaiace
Congregatn Routing 9p@dei Permit
V2.t� ano6for 4ign ` . ,
Oontlnuhg Care Raftment Spedel Permit
�• �d Cl t frerrttits Ztttiin Board
Lb m Independent EWorlyNousing sprd@I permit
PAPrnfl Nnn gonfOttltin $ Use ZBA
r_sr�s F-MAtrr Condo Special Pomdl
,per^ _
r Er rrr"; 7,Gt ,Jd Spn;,W Parmit M
r -„-R•��._ °;armed D7 Av@lopmem blalrlet spodal`a'�<<c6;�i
P&M n4-” not Listed but Slmlll�%r
Peron
- YM MAM08 normentlei spodal Permit9p2cds!
iFc+rm}f fr�r 2 Unit
:,-60ea•,gySpnd@I permit
.S•ip3v si Permit pn�a:d@ting, Non.
Ylrlexlned Special Permit
Supply AddN_onfll infommMion
Ki; W a teviaV and aft0hed exphnailon of each Is Eased of the plans cne,114'rmAtlon aubmtyod, No dell
rfrvl arca ar advice 111411 bA based on Webpl e><plenedw. by the eppituant rwr shr4r trudt vernal ev natluns by the
�;J'M^.,^•:pint rrnvA 'p c�ovide deflMthM Orn@Wert tD fns nbwe rea@Ona r0r I]ENI,gi,P,Pr{ i15:505uM1:r83� mieteedimp
t6ltbri, Of DOW eubaoquent changoe to the Informallm submitted by tho 0p,,)R;4V eh:df br•, grounds for 1WN rMir w to
.4 the dlscrellon of the Wkhng DgmrtMsn6 The aaaoWoddo0 , mi ? lima] `Plsn Pcev?aw Ncxra?lve" shad be
rt';icf A rr81"ere rM Inwrporated ltarnln by reference_ The building dopprim pit Nf1li ; 9?ilrr fill pferta and dOGBrirentstbn
for r•q shove tile, You must file a building permit spp oMan form end bo,4lr. rhn pwmildrp pmjoeee.
[,uIit;ln, a ntf 01b, Slgnptgro Appllcatien Rec'-e,. NpnlfC@tkir. [?gnigd[)gni§tl
;or ;ti $c nFL/��
_._ ff Faxed PI1rn�t f•Stirrb!".i�Ci7iG
Plan ReWevt NumtPiq
The foi9owitlt n0rfotrre Is provided to furor,.sr explain the reasons for denial for the building permit
for the property indiaate0. or. t)te ; t.vctrse lido:
?Ft 1' y Y ryr,•r• n S'�'144 S �
`4f1N7IF
µ,T ' 1 AI lA4
2
Variaao; fret 3; cisarr 7 Paragraph 7. (Yard Setbacks) attd Table 2 is requirml
for-Ibc bort and left side setback from the Zoning Board of Appeals in order to -
L'Ins z"t a site rLfL�rY i 1_y �9tF�olling on Map 10f.b, Pafce150. Berry Street ()~-2),
A-1 & F_q
rrana Svetkm. 7,, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), and
�!
Triblc ... may be fl -Om the Zoning Board of Appeals in order to
^.on it vt a stityx,lr f19Siiiv dwelling on Map 106.1) rarcel St), Borry Street 7),
ttORTH
O
1- p
OA. eoe.n<..ewiew �•
CONSERVATION DEPARTMENT
Community Development Division
MEMORANDUM
DATE: August 9, 2007
TO: Albert P. Manzi, III. Esq., Chairman
Zoning Board of Appeals
CC: Mich Glennon, Zoning Administrative Assistant
Gerry Brown, Inspector of Buildings
Curt Bellavance, AICP, Community Development Director
Phil Christiansen, Christiansen & Sergi
File
FROM: Alison E. McKay, Conservation Administrato
SUBJECT: Lot 50 Berry Street - Kevin Stack
The Conservation Commission has offered this memorandum for the above referenced
property and project site for a proposed single-family home and associated work located on a
less than lh acre (46 acres or 19,864 s.f.) parcel off of Berry Street as shown on the plan
entitled "Site Plan Map 106D, Lot 50 Berry St.", dated June 20, 2007, revised June 27, 2007.
A Notice of Intent was filed with the Conservation Commission on May 11, 2007. The project
was opened on May 23rd respectively and was continued in order to review and approve the
wetland boundary on the site and for associated plan revisions. Original plans submitted to
the Conservation Department depicted a proposed septic system to the front of the lot, as the
applicant asserted that a sewer tie in was not feasible. With the septic system proposed to the
front of the lot, the single family home was proposed to the rear of the lot resulting in
significant encroachments upon the 25 foot No -Disturbance and 50 -foot No Build local
wetland setbacks.
Since original plans were submitted however, plans were revised to depict a sewer force
main proposed along Berry Street to connect at Route 114, effectively eliminating the need for
AUG y - Z007
BOARD OF APPEALS
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 918.688.9530 Fox 918.688.9542 Web www.lownofnorthandover.com
a septic system. As a result of the elimination of the septic system, the proposed house was
shifted to the front of the lot to comply with the local wetland setbacks.
The proposed revisions eliminate disturbances within the local wetland setbacks (with
exception to the proposed well and proposed driveway). Therefore, the Conservation
Commission finds that this plan is a more acceptable proposal than that which was
previously submitted.
Please let me know if you have further questions or concerns in this regard.
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
NORTH q
Q �g6E0 161 �O
6 OL
O M
A
Coe
CONSERVATION DEPARTMENT
Community Development Division
MEMORANDUM
DATE: August 9, 2007
TO: Albert P. Manzi, III. Esq., Chairman
Zoning Board of Appeals
CC: Mich Glennon, Zoning Administrative Assistant
Gerry Brown, Inspector of Buildings
Curt Bellavance, AICP, Community Development Director
Phil Christiansen, Christiansen & Sergi
File
FROM: Alison E. McKay, Conservation Administrato
r;z�__
SUBJECT: Lot 50 Berry Street - Kevin Stack
The Conservation Commission has offered this memorandum for the above referenced
property and project site for a proposed single-family home and associated work located on a
less than 1/z acre (.46 acres or 19,864 s.f.) parcel off of Berry Street as shown on the plan
entitled "Site Plan Map 106D, Lot 50 Berry St.", dated June 20, 2007, revised June 27, 2007.
A Notice of Intent was filed with the Conservation Commission on May 11, 2007. The project
was opened on May 23rd respectively and was continued in order to review and approve the
wetland boundary on the site and for associated plan revisions. Original plans submitted to
the Conservation Department depicted a proposed septic system to the front of the lot, as the
applicant asserted that a sewer tie in was not feasible. With the septic system proposed to the
front of the lot, the single family home was proposed to the rear of the lot resulting in
significant encroachments upon the 25 foot No -Disturbance and 50 -foot No Build local
wetland setbacks.
Since original plans were submitted however, plans were revised to depict a sewer force
main proposed along Berry Street to connect at Route 114, effectively eliminating the need for
AUG
BOARD OF APPEALS
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.lownofnorthandover.com
a septic system. As a result of the elimination of the septic system, the proposed house was
shifted to the front of the lot to comply with the local wetland setbacks.
The proposed revisions eliminate disturbances within the local wetland setbacks (with
exception to the proposed well and proposed driveway). Therefore, the Conservation
Commission finds that this plan is a more acceptable proposal than that which was
previously submitted.
Please let me know if you have further questions or concerns in this regard.
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com
CHRISTIANSEN & SERCI, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318 (978) 373-0310 FAX: (978) 372-3960
July 9, 2007
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
Building 20, Suite 2-36
North Andover MA 01845
Re: Property of Kevin Stack
Map 106D Lot 50 Berry Street
Set Back Reduction Request
Dear Board Members:
The above referenced is an existing non -conforming lot. It was created prior to the
existing zoning. It contains 20,000 square feet of area and 100 feet of frontage. The
current zoning requires 43560 square feet of frontage and 150 feet of frontage. The
property is further encumbered by wetlands.
As you are aware North Andover wetlands regulations require that all houses be
built 50 feet from wetlands. The house shown on the attached plan meets that
requirement but at the expense of reducing the front yard and side line setbacks to 10 feet
from the required 30 feet. The proposed house will be serviced by a sewer ejector station
and a well.
We have submitted a similar plan to the Conservation Commission and they are
supporting this application for a zoning variance so that the wetlands regulations can be
met. The relief sought is clearly a result of the hardship on the land caused by the
wetlands.
Cc Kevin Stack
North Andover Conservation Commission
Law Office of
C. WILLIAM LANGONE
106 Concord Avenue
Post Office Box 136
Belmont, Massachusetts 02478
617-484-4555
617-484-5155 (fax)
October 24, 2005
Mr. Philip Christiansen
Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 01830-6318
RE: Kevin Stack
Lot No. 3
Berry Street
North Andover, Massachusetts
Dear Phil:
The following is the long history of Kevin Stack's attempts to build a home on the Lot 3,
Berry Street, North Andover, Massachusetts. Lot 3 is a vacant lot containing 20,000 square feet of
land. The property has been in Mr. Stack's family since 1962. Kevin acquired the property from
his father in December of 1983 with the intention of building a single family home on the property
for his family.
When Kevin Stack approached the Town for a building permit in 1985, he was informed that
he could not build a single family home because his property has been rezoned for industrial use by
the Town in 1972. In late 1985, Kevin Stack petitioned the Town of Andover to rezone his property
from industrial use to residential use, and in May, 1986, at the annual Town Meeting, it was voted
to rezone Kevin Stack's property for residential use.
Mr. Philip Christiansen
Christiansen & Sergi, Inc.
October 24, 2005
Page Two
In late 1986, Kevin Stack again approached the Town of Andover for a building permit. At
that time, he was informed that wetlands existed on his property; and Conservation Commission
approval would be required. Kevin then hired an engineer to design an acceptable septic system
and to make the necessary Conservation Commission filings. The Conservation Commission refused
to issue an Order of Conditions. Further, on August 6,1987, John Graf, Town Sanitarian, informed
Kevin Stack's engineer, in writing, that his septic system designed failed to meet Town requirements
because of the proximity of the wetlands. As noted above, this property has been in Kevin Stack's
family since 1962. Kevin played on this property as a child and is intimately familiar with it. He
is of the opinion that the wetlands are not naturally occurring, and in fact did not exist on his
property in the early 1980's.
In the middle of March, 1994, Kevin Stack discovered that a large culvert and brook on Berry
Street has been filled in by a developer who was building houses on Berry Street. This illegal filling
of the culvert brook was done either with Town approval or because of Town neglect. (See letter
to Conservation Commission dated August 17, 1983, attached hereto.) The illegal filling of the
culvert and brook altered the drainage system in the area, causing water to discharge onto Kevin
Stack's property, promoting the creation of the wetland vegetation now found on his property.
In 1994, Kevin Stack hired Christiansen and Sergi to design a septic system that complied
with Title V and adequately addressed all issues surrounding subsurface disposal of sanitary waste.
However, variances were required from the Board of Health because the system did not meet the
Town's requirement of a 100 foot setback from the wetlands. On April 28, 1994, the Board of
Health voted not to approve of Kevin's proposal despite the fact that the design met all Title V
requirements and that requested variances from the Town by -Laws were variances that had been
granted regularly by the Board of Health for other projects.
Mr. Philip Christiansen
Christiansen & Sergi, Inc.
October 24, 2005
Page Three
Upon examination of Town records, it was discovered that the septic system at 227 Berry
Street, the property abutting Kevin's property, was installed in August of 1989. The application and
plan filed with the Town for the septic system at 227 Berry Street was approved by John Graf, Town
Sanitarian. This is the same John Graf who in 1987 denied approval of Kevin Stack's septic system
design because the siting of the system was within the 100 foot buffer of wetlands, the same
wetlands he choose to ignore in approving the system for 227 Berry Street. It is obvious by the
application and plan filed for 227 Berry Street that Mr. Graf knew or should have known that part
of that septic system was to be installed in the 100 feet buffer to the wetlands; and part of the system
would encroach onto Kevin's property. Further, Mr. Graf knew or should have known that the
system as proposed would need Conservation Commission and Board of Health approval, neither
of which were obtained.
In 1996, Kevin Stack filed suit against the Town and the Brunette's (owners of 227 Berry
Street) claiming negligence nuisance, trespass and imminent domain taking. From 1996 through
1999 extensive negotiations between the parties occurred which included the building of a joint
septic system for the Stack and Brunette's property. In 1999, without Kevin Stack's knowledge and
during the negotiations concerning a joint system, Brunette applied to the Town of North Andover
for approval of s single septic system for his property. Brunette's system required four (4) variances
from Title V requirements and five (5) variances from Town requirements. The Board of Health
granted Brunette all of these variances. (See letter dated August 27, 199 from Sandra Starr, Health
Administrator, attached hereto.) The septic system design that the Town of North Andover
approved for Brunette required more and greater variances than the septic system design submitted
by Kevin in 1994. Despite this fact, the Town choose to approve Brunette's design and deny
Kevin's design.
Mr. Philip Christiansen
Christiansen & Sergi, Inc.
October 24, 2005
Page Four
Because of statute of limitation issues relating to the filing of the culvert and creating of the
wetlands on Kevin Stack's property and certain state statues that bar claims against Municipalities
based upon the issuance of permits or approvals, various counts in Kevin Stack's Complaint were
dismissed. The Court left the trespass/nuisance claim against Brunette and the Eminent Domain
Claim against the Town in place.
The matter was settled in August, 2002 for $20,000.00 (Brunette, $13,500.00 for the
Trespass/Nuisance, the Town $6,500.00 for the Eminent Domain). Kevin Stack settled the Eminent
Domain matter for $6,500.00 against the Town because it was felt by counsel for Kevin Stack that
the Eminent Domain claim would be susceptible to challenge because he has not exhausted all
opportunities to build on the property, more specifically the ability to tie-in to available public
sewerage.
Christiansen and Sergi have developedplans for Kevin Stack to connect his property to Town
public sewer in 2004. Again the Town denied Kevin Stack the ability to connect to public sewer
effectively making Kevin Stack's property worthless.
This has been a long running ordeal for Kevin Stack. The Town, through its various boards
and officials have treated Kevin Stack differently than other land owners. At every turn, Kevin has
been held to the strictest interpretation of rules, regulations and by-laws of the Town; whereas, other
property owners have been allowed to build on develop properties, after being granted variances
from the rules, regulations and by-laws, that the Town was unwilling to grant to Kevin. To make
matters worse, the Town has allowedbuilding and development that adversely impacted the property
Kevin Stack owns and wants to build on.
Mr. Philip Christiansen
Christiansen & Sergi, Inc.
October 24, 2005
Page Five
It is hard to believe that the various boards and officials of the Town believe they are
protecting the public good by not allowing Kevin Stack to build, when all around Kevin's property,
variances from the by-laws, rules and regulations have been granted. These are the same rules,
regulations and by-laws that the Town has relied on to prevent Kevin Stack from building on his lot.
Kevin Stack's dream to build a home in North Andover has become a nightmare of
bureaucratic indifference, red tape and discrimination.
I have also enclosed a copy of the Complaint referred to in this letter, a copy of a letter from
Mark Rees in regard to the sewer connection and a copy of newspaper article from the local paper.
Please feel free to contact for clarification of anything contained in this letter or any
additional documentation that I may provide you.
As always, thank you for your help and assistance in this matter.
CWL/gr
Enclosure
Very truly,
yo s,
U. William Langone
M
f'
i slell photos by Brion Walski
BUILDING DREAM: Kevin Stack and his sons, Robert, 2, in arms,
and Kevin Jr., 5, standon land where they'd like home to be.
"Dream'home' hopes
turn ...into.. nightmare
, g
By L KIM TAN
soaring prices of Bay Slate.
A FORMER Army ' sergeant is.
homes. Building a house is the
crying foul over North Andover's
only way of owning one, he said.
refusal to grant him a permit so
Stack said he was elated last
May when his land was rezoned.
that he can build a dream home
on a small plot of land he has
fie submitted a plan for putting
owned for 25,years.
in a septic tank on the property,
but then was told it would be too
Kevin Stack, 34, said he came.
close to wetlands.
home from service overseas in.....•
1979 to find his half -acre plot on;
Conservation Commission
Chairman Guillermo Vicens yes -
Berry Street — which his father
terday said the project failed to
purchased for him in 1962 — re-.
meet requirements under the
zoned for industrial use.
town's wetlands protection ordin-
Stack said, he spent seven •..
ance, which requires the tank to
years and $3,500 in attorney's., .
, be at least 100 feet away from the
fees to get the plot rezoned for::.
protected land.
residential use, but after winhing'r
' Stack's project also failed by a
the appeal last year, he was told a i
foot under a similar state law re -
permit would not be issued be-,
quiring.the tank. be -at. least 50
cause the property is too close,to:..
feet away, Vicens said..~ -,,
protected wetlands...
"Our, decision was . strictly
"This has been so frustrating.
based on the plan and ;project
All I want to do is build a home ..
submitted to us," he said.. "It's a
on my property," said the father
verysmall piece of land"
of two, who now rents a home in
But, Stack is not convinced,
Billerica. "I just feel I'm being •
saying two houses had been built
pushed to the wall." -.on
similar half -acre -size dots on
Stack, who served overseas for
either side'of his property.
eight years and is now a me -"They're
giving me the run-
chanic, said he is in the same'
around," he said. "The place is
predicament faced by most young
so dry, if you dropped a cigarette,
families who cannot afford the
the whole place would burn."
OFFICE OF HIGHWAY SURVEYOR
� s
_ 384 OSOOOD STREET
TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845
SAt MUSES
WILLIAM A. CYR TELEPHONE 685.0950
Highway Surveyor August 17, 1983
Conservation Commission
120 Main Street
North Andover, MA
RE: Blocked Culvert & Brook
Berry Street
Dear Tony;
I would like to make the Conservation Commission aware of
my feelings and concerns in regards to the above referenced matter.
After receiving the message from you that a culvert was
blocked on Berry Street, I investigated and I was shocked at what
I found. Your call referring to a blocked culvert was the under
statement of the year.
Z!hat I found was a brook that runs from the area west of
Berry Street through an 18" concrete pipe culvert and then
continues through to Sharpners Pond Road into Craytons Pond in
"Riddleton and eventually running into the Ipswich Rives. This
brook bed has been completely filled in and the forms for the
footings for a house are sitting right where the.brook use to run.
The whole lot of land,of which I would estimate at approximately
one acre, is all wetland and swamp. The outlet to the existing
culvert has been buried. and can no longer be found.
In my opinion, this type of senseless act is illegal and
unjustified, and I intend to follow through with legal action from
this department.
It may not appear at this time of year, with the little bit
of rain we have had, that this drainage course is very active; but,
let me make you aware that I have observed this eighteen inch culvert
running full. on many occassions.
I would like to recommend that the Conservation Commission,
give this matter a top priority and please keep me informed on
what your intentions are.
If this type of destruction to wetlands and drainage is
allowed .for the development of house lots, God help our Town and
the persons that should, in my opinion, get stuck by buying such
properties.
Conservation Commission -2 August 17, 1983
It is hard enough now for my deD artment to maintain and
control our current drainage network. It will be impossible
to maintain our drainage if we allow builders and developers
to continue to obstruct and divert natural drainage courses that
have been in existence since nature put them there.
Again, in my opinion, this was a deliberate and reckless
act that should not be tolerated, and should be dealt with in
a swift and forceful manner.
Very truly yours,
William A. Cyr
Highway Surveyor
WAC /bw
P. S.
Just thought I would let you know that between the time of
writing this letter and today, the footing has been poured
and it appears that they are progressing with the construction
of the home.
47®� Tnamas F. Stackpole, presently of Bradenton, Pinellas County, Flor�da,4rnd '
Okk Ivy NI `StacVTOjjF a 14 ;` ref=t Street, Cambridge, Middlesex Coeaa �t
4ineOmwild, for W dcratioa �id and full cowidCuL
7�;,f;;cis �,uj GL }..,., °� r• ;�.
81 aw to K0111 F. J, Stack.
of 72 Bonair Street, Somerville, Middlesex COWty
a certain (D`WIP"CQ "ca"nmbwLca, u &Arl
parcel of land in North AFadaver. , wiGh the bujidjn, a ti,--=,
and described as follows;
ti
BeginnIng at a point at the corner of land of Conroy and running NORTHERLY
by Berry Street, so-called, being -an abandoned road, one hundred (140)
f.pet to tut #4, on a sketch of. said property.;
n Zheq} a by Lot ,#4 hundred i20Q) deet+�r
Ca . _point; :Y by laa of I�aligye�tp,
turning and runn
.. ,a of Valiquege ` to � Y' Vie. r�, (100) feet 4y fWthq j 1.1
'd 'ihfflce turning at right le ;Y.
b land o ming two hundred (20J) feet WESTERLY 7
y C oy,, being ;pt tz off} a4idl:ra4tch, to the point of be&Uuii[,pp •'' .a 'L
.Li •; � "'
Containing 20 A0 quare feet, xTe gr leis
z
Being the same pret)ises conveyed to us by deed from M. Grace Ryan and John G,
+; Ryan dated -July 6, 1462 and recorded op October 22, 1962 with Essex North
m Distrtct.Regiatry of Deeds in hook 971, Page
i-3 sn i
b4 14
r-fo /h d.p and seal 10th day c; November
y�' iiC L -•-1i-4' % �N ...«...... ....¢�......«.... J ....•. .........«.......n. �i9.«Kt(....M
QVVV C` laE P
' . •t� •.....
I 1 .........,• .................11.,.........................,. •........ ,..,..
v ...................................1....1.....
�, ................... 1....,.1................. .................
...................... ........................... .............
Middlesex,
T November 10,. 194 i
1J1\<J YY 1V LG14111JVVLL"1%A11 Jw1alJ
Essex North Registry of Deeds Robert F. Kelley
Land Records Abstract by Boom - Page
search Document ID. 1757-38
)atabase searched. Land Document Index from Jan 1,1981 thru Jul 9, 2007 #21000 @ 09:27
DOCUMENT ABSTRACT
Bk-Pg:1757-38 Recorded: 12-14-1983 @ 12:00:00pm Inst #: 57038 Chg: N Vfy: Y Sec: N
Pages in document: 1
Grp: 1
Type: Deed
Desc BERRY ST
Town: NORTH ANDOVER
Gtor: STACKPOLE, IVY M (Gtor)
Gtor: STACKPOLE, THOMAS F (Gtor)
Gtee: STACK, KEVIN F 3 (Gtee)
HOW TO USE THIS PAGE
To see an abstract of the next sequential instrument, click on Next>.
To see the previous panel displayed, click on <Previous.
To view an image, click on the document icon with "DOC".
To view an abstract of a referenced document, click it's hyperlink.
Most images you will view and/or print will not have marginal reference notations on the image. If you are interested in
marginal reference information for a particular instrument/document, check and optionally print the abstract for it. There is
no fee for printing abstracts. To print the abstract, right click on the abstract side (not the left side) and, for Internet
Explorer, select "Print".
http://72.72.82.242/ALIS/WW400R.HTM 7/9/2007
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Page:1
i
REQUIREMENT: MGL 40A, Section 11 states in part'Parties in Imerest as used in this chapter shall mean the petitioner, 1
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 applicabler \�
tax list, not withstanding that the land of any such owner is located in another city or tow, the planning
board of the city or town, and the planning board of every abutting city or town."
Subject Pronert
MAP
PARCEL
Name Address
106.1)
50
Kevin Stack 12295 Genter Drive, Spring Hill, FL 34609
Abutters Properties
Map
Parcel
Name Address
106.D
51
John Brunette 7 Berry Street, North Andover, MA 01845
106.D
52
Russell Ross 1-33 Govenor's Drive, Raymond, NH 07077
106.D
53 & 54
Joseph Russo Pendant Court, Andover, MA 01810
106.D
55
Brian Cardello tA76 Maple Street, Waterberry Center, VT 05766
106.D
56
Harbor Management L-23 Central Street, Suite 710, Lynn, MA 01901
106.D
49 & 32
Beth Padellaro 1,093 Berry Street, North Andover, MA 01845
106.1)
17.1
Four H Company, LLC 0'980 Turnpike Street, North Andover, MA 01845
106.D
17.2
BMB Realty Trust r4vip1980 Turnpike Street, North Andover, MA 01845
106.D
17.3
T.L. Corp Iif980 Turnpike Street, North Andover, MA 01845
106.D
63
Shushila Lulla L,4-51 Mount Joy Drive, Tewksbuty, MA 01876
106.D
36
John Farnum V4V1 fAP rn
26 Faum Street, North Andover, MA 018457-31-0
108.0
45
Commonwealth of MA ftn00 Cambridge Street, Boston, MA 02202 rel"U J g
108.0
12 & 62
Zulu Realty Trust --P.O. Box 561, North Andover, MA 01845
108.0
13
Sean Murphy V28 Meadowview Road, Topsfeld, MA 01983
108.0
52
Kevin Abernathy 110 Berry Street, North Andover, MA 01845
108.0
49
Bruce Oliver \273 Berry Street, North Andover, MA 01845
108.0
23
Town of North Andover%- 20 Main Street, North Andover, MA 01845
108.0
63
Thomas Perry Lo8f3 Berry Street, North Andover, MA 01845 ��.-E��i 7
108.0
21
Michael Santangelo (*`x`315 Berry Street, North Andover, MA 01845
108.0
64
Paul Burke 1.325 Berry Street, North Andover, MA 01845
108.0
68
George Lin \.2650 Turnpike Street, North Andover, MA 01845
This certifies that the names appearing on the
records of the Assessors Office as of
BA TH
1
BEDROOM
i M'A
38'
EAT IN
KITCHEN
GARAGE
FAMILY/LIVING ROOM
60'
FIRST FLOOR
38'
DO -
BATH
SECOND FLOOR
BEDROOM
BEDROOM
THE PROPERTY IS NOT IN A FEMA FLOOD
ZONE
CHRIS TIA NSEN SERGI
160 SUMMER ST. HAVERHILL,MA.01830 TEL.978-373-0310
FLOOR PLAN
MAP 1060, LOT 50 BERRY ST.
NORTH ANDOVER, MA
PREPARED FOR
KEVIN STACK
12295 GENTER DRIVE SPRING HILL FL 34609
JULY 6, 2007
nlAl^ Al^
n
I
t,!
j
0
F,
corri �eo
rrn
Owl
0 Cl)to 56 a s�0�� c ��M �a
ml;MOQ
a�p~pArn°rq
Z n,� C)�n
rn
=mN°� �n Li
00
ZOpoc)-a
To Po�► ZO'ta�nMj f� r
b �My� O�
z y to ooa�z-C in.,
y
o
a
v C
tb
C)
0c0�
ti y
N74'51 '38 "E
200.00'
y
obi � p c °� � a �� trihacc�
O Ib oaf � o�` Da ♦ v C)
rris -k
D
S74'51 '38 "W --
a 200.00'
c) -N
L
Ll
m=
70
i o R1 a �► ti
` , ♦ 1
� V
Z V
Q w OH y b O aC) i a
• O 1� 7
y
•V ION tA
IA
~
r
Z
-W
m
CD
Q,
a
O
v,4
5s
m
a0
�a
U
BID
its
3 � N
�n a in W
Q� wW O
u err
2 70
y. 4i • O y c O
UQ ° hi M 2
W O
in O ^ o°oLai
o s n
V J W i
4LAJIn
O 2
ze
O x O � V
�i CL ac N Zz�
J O Q y
m ° ti O U
W
L4
o = e
N
Q W ~NQS
w p2J4L
W~N �
2a�3�.. W
to
m w Q LO 0 o Li OC O
s�CD
l'il eco 0. l(') tl = O W Z U O L .
Q m a0 O 3 I = �- c' J
Z� OLQ
.,..ZO' o U cic O
m 00'OOZ Q O
3„ 8£,1 S.YLN — a j h g
2�a
Ja
m � ,
�ywW w y yti ci
WO W 2L L O N OOOM OOO�ih NO Q
2� 2
w � o � z
r a CltW d a44, 2 V m
W p� �2°UW2iy a W m
h0�CL U "I (IS QVU 20
`1 hO h2�OWk5.`' = WHWW WWW
43
in a0
W ti0 rzW204W
�W N2¢2W0 Vi rci W��Wz ���W-Km mO 3
a.WhkQcjuti
�Q z¢y¢�a �Oh►aa
VjW Lk,. �w
J
Wi
m
r,
- 4
CN
0 o CO
z
z ���0.0 d
CD
:4
pOo
N y O
_w
off. d� C
AN 'fir �
� C �
n
Sv 03�
ro N ca
3 =r
N CD
go o)
O�* cny
m
O 3
-k1berl R 'Ntanzi III, li'sd. Chairman
Ialcn P. \4c[nlyre, 1.'i<<r-C%,xirmar,
Richard i. Byars, I[sq C;erk
Jo1cph D. I..aC,rosse
Ilivid R. AVc.bcier
...1 r,l&,.alr :1 fepiberr
Thomas R 1pp0hio
Richard M. \ aillancour
Dauicl S. Bnwsc, [isd
Town of North Andover [,,,,,,,,-;r,.k Time ,,;,,,:,,
ZONING BOARD OF APPEALS
Any appeal shall be filed within
(2 0) days after the date of filing
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
Notice of Decision
Year 2007
7
C1- n. 4 P' ,,
40A, 517 Pro Derty at: 0 Berry Street
NAME: Kevin Stack HEARING(S): August 14 & September 11, 2007
ADDRESS: 0 Berry Street (Map 106.13, Parcel 50) PETITION: 2007-016
North Andover, MA 01845 TYPING DATE: September 20, 2007
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, September 11, 2007 at 7:30 PM upon the
application of Kevin Stack, 0 Berry Street (Map 106.13, Parcel 50), North Andover, MA requesting a dimensional
Variance from Section 7, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), and Table 2 of the
Zoning Bylaw for relief of lot area, street frontage, and front and side setbacks in order to construct a single-family
dwelling. Said premise affected is property with frontage on the West side of Berry Street within the R-2 zoning
district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a
newspaper of general circulation in the Town of North Andover, on July 23 & 30, 2007.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R.
Webster, and Daniel S. Braese. The following non-voting members were present: Thomas D. Ippolito and Richard
M. Vaillancourt.
Upon a motion by Joseph D. LaGrasse and 2 by Ellen P. McIntyre, the Board voted to GRANT dimensional
Variances from Section 7, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), & Table 2 for relief
of 23,560 sq. ft. lot area, for relief of 50' street frontage, for relief of 20' front setback, and for relief of 20' south
side setback from the requirements of the Zoning Bylaw in order to construct a proposed single-family dwelling;
per:
Site:
0 Berry Street (Map 106.D, Parcel 50), North Andover, MA 10845
Site Plan Title:
Variance Plan of Land, located in, North Andover, MA.,
ESheet/Drawin
owner & applicant,
Kevin Stack, 12295 Genter Drive Spring Hill FL 34609
Date (& Revised Dates):
7/9/07
Registered Professional Land
Michael J. Sergi, #33191, Christiansen & Sergi, 160 Summer St. Haverhill,
Surveyor:
MA. 01830
Sheet/Drawin :
Dwo.No.93005012
itle:
Floor Plan, Map 106.1), Lot 50 Berry St., North Andover, MA, prepared for,
Kevin Stack, 12295 Genter Drive Spring Hill FL 34609
ESheet/Drawin
Christiansen & Sergi, 160 Summer St. Haverhill, MA. 01830
Jul 6, 2007
Floor Plan, Front, Right Side, Rear, Left [elevations] Dwg. No. 93005008
With the following conditions:
1. The applicant shall provide a sewer tie-in as approved by the Division of Public Works.
Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, David R. Webster, and Daniel S. Braese.
Voting in opposition: Albert P. Manzi, III
Pale 1 of 2
1600 Osgood Street. Building 20 - Suite 2-36, Nord
i Andover, Macs;3chusclts U 1 R45
Phone - 978-688-9541 Fa,v - 979-698-9542 Wcb - ��1�����,tovr�iofixn'th�uidover cxom
Albert P. Ndarnzi ill, F.sq. !_"Awrmnr
Ellen P. mclnt\1re, 1'iev l=airman
Richn-d J. ]3yers, is(I. G7zrk
Joseph D. LIG1'llsSe
1:11rid R. Wcbstcr
].i.carok A1cn7brrr
Thomas D. Tppolitn
Richard M Vai1h11GOnr1
1):111X1 S. Briesc, Iisq
Town of North Andover
ZONING BOARD OF APPEALS
Trn� a t. Time, St:unp
Lu I LD
11�''. •^ ... Vit•.: , �-
Tile Board finds that owing to circumstances relating to the specific soil, shape and topography conditions affecting
0 Berry Street (Map 106.1), Parcel 50) but not affecting the Residential 2 zoning district in which it is located, a
literal enforcement of the provisions of Paragraphs 7. 1, 7.2, 7.3, & Table 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 g
gating from the
without substantial detriment to the public good and without nullifying or
substantially derointent or purpose of the North Andover Bylaw.
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 maybe 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.
JNOAndover Zoning oar of ppealManzi, III, Esq., Chairman
.cIntyre, Vice Chairman
Joseph D. LaGrasse
David R. Webster
Associate Member
Daniel S. Braese, Esq.
Decision 2007-016.
M 106.DP50.
Page 2 of 2
1600 osaood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-685-95242
Wch - �aa�ti�.lo�in��fnorth�mdo�er.c;r�m
0
W
O
V
►v
�n C))b.
000 o�r1���
�a ansa oo
a�v,�o
(4-1a
�a oo
o�
R� U)
rj y (Q rel
D�
aa�o
yn�Z
o �
o
O
oZ
N
0(A0o Oo�
:100z0cz mr0
;-E 01 OaZ�Z�I
cay�,o 6 a
2r',, o
i ^t rl
C6 L!''"'�nz. °v
0 n y 0 r O
2 Z
pO.ytgOr ,i0
y b rl
0 O�
0p 22y�
SQ
N74*51 38 "E
200.00'
v
a a
A
1
v
o �
o
oZ
N
i`
u
o
N
I1�
o
o
4
0
y
C
a
O
Z
O
b
�
)b.
o
x
�
a
a
a
r
SQ
N74*51 38 "E
200.00'
200.00'
v
A
1
v
o
oZ
i`
u
o
O
o
574'51 '38
"W --�
200.00'
I
tra
N
O
v
oZ
O
I
N
O
oZ
y
a
O
Z
O
�
a
a
a
r
r �
r
m
4' q Z
CHRISTIANSEN & SERGI, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318 (978) 373-0310 FAX: (978) 372-3960
July 3, 2008
North Andover Board of Appeals
1600 Osgood St
North Andover MA 01845
Re Kevin Stack, Berry Street North Andover MA Map 106D, Lot 50
Dear Board Members
I hereby request an extension for one year for the zoning variance approval issued
for the above lot and request a modification of the approval to reflect the attached revised
plan. The revised house location is 20 feet from the street line rather than the 10 feet
previously approved.
The new house configuration and location was necessitated by the physical
disabilities of the owner and has been approved by the Conservation Commission.
JUL
D
ISD OF APPEAL
JUN 3 U LUUO I_)
BOARD 01- AHPEALS
O.
Q L
��^�RpTlG FPf, .4�J
V CHUS
CONSERVATION DEPARTMENT
Community Development Division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: (�
1-t?, C1 .t)L'�
-sfo64, �'Qiyv�C',�C'�t L
W
V
as a Modification to the Order of Conditions issued in File 242- i �b'11 dated
recorded in Book # and page
Issued by the N
CONSERVATION COMMISSION:
On this 7 f" of T,,,L: a before me personally apl eared S Mass
day month/yr
known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public
JUL
BOARD OF APPEALS
R'
DQk!NA t1. W E D GE
11011N' PUt'
7 t iJ
My Comm. Expirs Aug.?, 2uQ
16UU Usgood Street, North Andover, Massachusetts 01845
Phone 978.688.9530 Fox 978.688.9542 Web WWd-tGKOnorthandover.com
CONSERVATION DEPARTMENT
Community Development Division
June 26, 2008
Kevin Stack
12295 Genter Drive
Spring Hill, Florida 34609
RE: Modification to DEP File# 242-1399
Berry Street, Map 106D Parcel 50
Dear Mr. Stack:
On June 11, 2008, the North Andover Conservation Commission approved your request to
modify DEP File 4242-1399 for the above referenced property. The modification allowed for
revisions to the previously proposed house layout. Revisions included expansion of the
house footprint to the west to accommodate single level living, an access ramp on the Berry
Street side of the dwelling, and reconfiguration of the driveway and garage. The new plan of
record is titled "DEP File No 242-1399 Site Plan Modification, Map 106D, Lot 50 Berry Street"
and was prepared by Christiansen & Sergi, and dated May 21, 2008.
As a result of this approval, several conditions require modification.
Condition #32: On the previous plan of record, dated September 20, 2007, only a portion of
the driveway was permitted in the fifty -foot (50') No -Construction Zone. The new modified
plan dated May 21, 2008, permits construction of portions of the house and garage in this
zone. The order continues to provide for no disturbance of existing grade, soils or vegetation
in the twenty-five foot (25) No -Disturbance zone.
Condition #47: On June 11, 2007 the Natural Heritage and Endangered Species Program
(NHESP) issued an opinion that the proposed project met the state -listed species
performance standard for the issuance of an Order of Conditions. Any changes to the
proposed project "may require an additional filing with NHESP." Revised plans must be
submitted to NHESP under Tracking No. 07-22388 for comment before work may begin.
D
JUL — c�
Ute _
BOARD OF APPEALS
I M Usgood Street, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com
Please feel free to contact me should you have further questions.
Sincerely,
NORTH ANDOVER CONSER/VATION COMMISSION
Jennifer A. ughes �J
`,.Conservation Administrator
CC: Christiansen & Sergi, Inc.
1600 Dsgood Street, North Andover, Massachusetts 01845
Phone 978.688.953.0 Fax 978.688.9542 Web www.townofnorthandover.com
E
V
0
zoW
0
N
o�n�a000
�a°o4
N
4
1
�
C
N
0
a
�
0
O
L
W
Y a �
A
cr
a
O V
�o
O
th
n
y
vA
Otv
Op+G,��.iV
0,x,0000
A(NGIW
X000
w-
a p a
to
Q
Qi
tz
It
o
N
O
4
1
�
C
N
0
A R`j
0
O
L
W
Y a �
A
cr
a
O V
�o
O
th
CIO
noa:13i°c
ybnZ�g�in
y
cow,o �yvinn� 2�
to
Z Otto' O
cl
:zj 14
n C70^i�Or i0
y �
k �t�y
200-05
F
A
'D
O
4
1
�
C
N
A R`j
0
O
W
Y a �
A
N7405 f '38 "E
a
200. 000
th
CIO
a p a
to
Q
Qi
200-05
F
O
4
1
�
Z
N
W
AO
Albert P. Manzi III, ESC]. Cliahvian
Ellen R McIntyre, Vice -Chairman
Richard J. Byers, Esq. CleA
Joseph D. LaGrasse
David It. Webster
Assoriate ]Members
Thomas D. Ippolito
Richard M. Vnillancourt
Daniel S. Braese, Esq.
Town of North Andover
s
Town Clerk Time Stamp
ZONING BOARD OF APPEALS
Any appeal shall be filed within
(20) days after the date of filing
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
Id' -v0
n
2007 KIP P. �
F p
� � ; �
4 lC O(`{
7/9/07
* 9,0 tea.
�RATEO ��
�SSgCHU`�kK
LJ.:
FF�.-pp {3 ,n 1`�',i
! c., (i=
Sheet/Drawing:
11J ;•i
This is to certify that twenty (20) days
have elapsed from date of decision, filed
Notice of Decision
peal.
without filing ofYA:
Date e,
Year 2007
Boysrads aw
Town Clafk
40A, §17 Property at: 0 Berry Street
NAME: Kevin Stack HEARING(S): August 14 & September 11, 2007
ADDRESS: 0 Berry Street (Map 106.1), Parcel 50) PETITION: 2007-016
North Andover, MA 01845 TYPING DATE: September 20, 2007
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, September 11, 2007 at 7:30 PM upon the
application of Kevin Stack, 0 Berry Street (Map 106.1), Parcel 50), North Andover, MA requesting a dimensional
Variance from Section 7, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), and Table 2 of the
Zoning Bylaw for relief of lot area, street frontage, and front and side setbacks in order to construct a single-family
dwelling. Said premise affected is property with frontage on the West side of Berry Street within the R-2 zoning
district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a
newspaper of general circulation in the Town of North Andover, on July 23 & 30, 2007.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R.
Webster, and Daniel S. Braese. The following non-voting members were present: Thomas D. Ippolito and Richard
M. Vaillancourt.
Upon a motion by Joseph D. LaGrasse and 2'd by Ellen P. McIntyre, the Board voted to GRANT dimensional
Variances from Section 7, Paragraphs 7.1 (Lot Area), 7.2 (Street Frontage), 7.3 (Yard Setback), & Table 2 for relief
of 23,560 sq. ft. lot area, for relief of 50' street frontage, for relief of 20' front setback, and for relief of 20' south
side setback from the requirements of the Zoning Bylaw in order to construct a proposed single-family dwelling;
per:
Site:
0 Berry Street (Map 106.1), Parcel 50), North Andover, MA 10845
Site Plan Title:
Variance Plan of Land, located in, North Andover, MA., owner & applicant,
Kevin Stack, 12295 Genter Drive Spring Hill FL 34609
Date (& Revised Dates):
7/9/07
Registered Professional Land
Surveyor:
Michael J. Sergi, #33191, Christiansen & Sergi, 160 Summer St. Haverhill,
MA. 01830
Sheet/Drawing:
Dw .No.93005012
Building Plan Title:
Floor Plan, Map 106.1), Lot 50 Berry St., North Andover, MA, prepared for,
Kevin Stack, 12295 Genter Drive Spring Hill FL 34609
By:
Christiansen & Sergi, 160 Summer St. Haverhill, MA. 01830
Date:
July6, 2007
Sheet/Drawing:
Floor Plan, Front, Right Side, Rear, Left [elevations] Dwg. No. 93005008
With the following conditions:
1. The applicant shall provide a sewer tie-in as approved by the Division of Public Works.
Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, David R. Webster, and Daniel S. Braese.
Voting in opposition: Albert P. Manzi, III
Page 1 of 2
1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofriorthandover.com
Albert P. Manzi III, Esq. Cbaimmu
Ellen P. McIntyre, Vice-Cbairmmn
Richard J. Byers, Esq. Clerk
Joseph D. LaGrasse
David R. Webster
Associate Members
Thomas D. Ippolito
Richard M. Vaillancourt
Daniel. S. Braese, Esq.
Town of North Andover
ZONING BOARD OF APPEALS
jW
Town Clerk Time Stamp
2D01 ')5E P 25- P,_
Vis,' i+,r
The Board finds that owing to circumstances relating to the specific soil, shape and topography conditions affecting
0 Berry Street (Map 106.1), Parcel 50) but not affecting the Residential 2 zoning district in which it is located, a
literal enforcement of the provisions of Paragraphs 7.1, 7.2, 7.3, & Table 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 without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the North Andover Bylaw.
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.
Nort Andover Zoning oar of ppeal
A ert P. Manzi, III, Esq., Chairman
Ilen P. McIntyre, Vice Chairman
Joseph D. LaGrasse
David R. Webster
Associate Member
Daniel S. Braese, Esq.
Decision 2007-016.
M106.DP50.
Page 2 of 2
ATTEST:
A True Copy 1
Town_ Clerk y
1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845.'.
Phone - 978-688-9541 Fax - 978-688-9542 Web - •N)vtv.t6miitofnorthandover.com
Town of North Andover
NAME: Kevin Stack :MODIFICATION DATE: 8-I2-2008
ADDRESS: '0 Berry Street(Map 106.D, Parcel 50) PETITION; 2007.016
The North Andover Board of Appeals held a regular public hearing on Tuesday August 12, 2008, at 7:30 PM in the
Town Hall top floor meeting. room,120 Main Street, North Andover MA upon the application of Kevin Stack
requesting that the North Andover Zoning Board of Appeals.modifythe Variance decision 2007-016 inorder .to
locate the new single-family dwelling 20 feet from the front lot line.
The following voting members were present: Ellen P. McIntyre, Joseph D, LaGrasse, Ridhird J. Byers, and Thomas
D, 1ppolito,
Upon a motion by Joseph D. LaGrasse and 2" by Thomas D. Ippolito, the Board found -that the request to locate the
dwelling 20 feet from the front lot line rather than the. 2007.0.16 Vallance decision's 10 foot setback is a minor
modification and that this modification does not alfer:the intention of:the Variance decision 2007-016. Voting in
favor: Ellen P. McIntyre, Joseph D, :TAGrasse, Richard :J, Byers, and Thomas D• 1ppolito, .
Upon a motion by Joseph D. LaGrasse and 2°d by Thomas D. 1ppolito, the Board voted to GRANT Kevin Stack's
request to modify Variance 2007-016 b :granting the'request to locate the dwelling 20 feet.from the front lot line
rather than the 1:0 foot setback ranted in the 2007 r uest er.
ZONING BOARD OF APPEALS
C_I_
:t lbvri .I y. tl;av'.I I11, Esq. (:lkiiiji),/k
� •'
t•�lcn I'..\lclimrr, I i.•r:C.Cbrwv,,n'
H.iclsar t . li,ers, I:Aj. Clerkilt.
t .pIIR
(�'`
�
krCh;ud kl \';tillaiieuurt
F '"" rrt
Itt 7i
t.11l llli:t� t). ItltM rilra,
'C �tl.�ee'� �.
I .
r`
llenicl liraixr; l s9
nem .ta
1sS�tC -
.. ' .. • .
.
TownCtcrk Ttmc.Siemti
Minor Modification to Notice of Decision Year 2007
Decision Address: '0 Berry Street
NAME: Kevin Stack :MODIFICATION DATE: 8-I2-2008
ADDRESS: '0 Berry Street(Map 106.D, Parcel 50) PETITION; 2007.016
The North Andover Board of Appeals held a regular public hearing on Tuesday August 12, 2008, at 7:30 PM in the
Town Hall top floor meeting. room,120 Main Street, North Andover MA upon the application of Kevin Stack
requesting that the North Andover Zoning Board of Appeals.modifythe Variance decision 2007-016 inorder .to
locate the new single-family dwelling 20 feet from the front lot line.
The following voting members were present: Ellen P. McIntyre, Joseph D, LaGrasse, Ridhird J. Byers, and Thomas
D, 1ppolito,
Upon a motion by Joseph D. LaGrasse and 2" by Thomas D. Ippolito, the Board found -that the request to locate the
dwelling 20 feet from the front lot line rather than the. 2007.0.16 Vallance decision's 10 foot setback is a minor
modification and that this modification does not alfer:the intention of:the Variance decision 2007-016. Voting in
favor: Ellen P. McIntyre, Joseph D, :TAGrasse, Richard :J, Byers, and Thomas D• 1ppolito, .
Upon a motion by Joseph D. LaGrasse and 2°d by Thomas D. 1ppolito, the Board voted to GRANT Kevin Stack's
request to modify Variance 2007-016 b :granting the'request to locate the dwelling 20 feet.from the front lot line
rather than the 1:0 foot setback ranted in the 2007 r uest er.
In all other respects, the original decision remains in full force and effect as modified hereby. Voting iti favor:
Ellen P. McIntyre, Joseph D. LaGrasse, Richard 1. Byers, and Thomas D: Ippolito:
This is to certify that twenty (20) days .
have elapsed from daft of decision, filed North Andover Zoning B aid of Appeal.
Without filing of an appeal.
Date XCH Rhein P. McIntyre, Vice Jerk- an
Joyce A, Bradshaw Richard 1. Byers, Esq., CIerA
Town Clerk Joseph D. LaGrasse
Rssocrwe Aemher ATTEST:
Thomas D, Ippolito A True Copy
DMS1.0n.2007-016:Modification.
Enclosure: Decision -2007-016. Town Clark
1600 Osgood St., Bldg 20 - Suite 2-36, N« th.Andover,.MA (11845
Rhone - 475-688-9541 Fax - 978-688-9542 Web - www.tnWnotnorrhandoVcf.CUln
-
Site:. 0 Be . Street (Ma 106:13, Parcel 50), North Andover; MA 10845
Site Plan Title: VariariceTlan of Land, located -in, North Andover. MA., owner & applicant,
Kevin Stack, 1.2295 Ginter Drive Spring Hill FL 34609
1 Date.(& Revised Dates): 7101/08
Registered Professional Land I Michael J. Sergi. #33191, Christiansen & Sergi, 160 Sumpter St. Haverhill,
Surv
eyor: IMA. -01830
SheetlDrawin •:
Dw .No:93005O1
In all other respects, the original decision remains in full force and effect as modified hereby. Voting iti favor:
Ellen P. McIntyre, Joseph D. LaGrasse, Richard 1. Byers, and Thomas D: Ippolito:
This is to certify that twenty (20) days .
have elapsed from daft of decision, filed North Andover Zoning B aid of Appeal.
Without filing of an appeal.
Date XCH Rhein P. McIntyre, Vice Jerk- an
Joyce A, Bradshaw Richard 1. Byers, Esq., CIerA
Town Clerk Joseph D. LaGrasse
Rssocrwe Aemher ATTEST:
Thomas D, Ippolito A True Copy
DMS1.0n.2007-016:Modification.
Enclosure: Decision -2007-016. Town Clark
1600 Osgood St., Bldg 20 - Suite 2-36, N« th.Andover,.MA (11845
Rhone - 475-688-9541 Fax - 978-688-9542 Web - www.tnWnotnorrhandoVcf.CUln
-
Site:. 0 Be . Street (Ma 106:13, Parcel 50), North Andover; MA 10845
Site Plan Title: VariariceTlan of Land, located -in, North Andover. MA., owner & applicant,
Kevin Stack, 1.2295 Ginter Drive Spring Hill FL 34609
1 Date.(& Revised Dates): 7101/08
Registered Professional Land I Michael J. Sergi. #33191, Christiansen & Sergi, 160 Sumpter St. Haverhill,
Surv
11hct•1 P. \{artxt ili, 1'sq (',%�"ui,nru�
I..Ih'tt P.:l�h lnt�'rc', 6 i"a�-l,:baxiwnni
ftic{.rard )• R�<°rs, kiscl. Llrrti.
losc,l ll D. LsGnassv
Dmitt R. 1Tobstec
�t.r.rorb7l t ;1drn�G� rr
T1x upas D, ippolilo
Richarci M. voill:tnccmrt
D-wid 5 Brwa e, Esq
Town of North Andover
ZONING BOARD OF APPEALS
loan :4 rk l inw somp
The Board finds that owing to circumstances relating to the specific soil, shape and topography conditions affecting
0 Berry Sheet (Map 106.D, Parcel 50) but not affecting the Residential 2 zoning district in which it is located, a
literal enforcement of the provisions of Paragraphs 7. I, 7.2, 7.3, & Table? 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 without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the North Andover Bylaw.
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 (I ) 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 oi• construction has commenced, it shall lapse
and may be re-established only after notice, and a new hearing.
No Andover Zoning oar of ppeal
err P. Manzi, 111, Esq., Chairman
llen P. McIntyre, Vice Chairman
Joseph D. LaOrasse
David R. Webster
Associate Member
Daniel S. Braese, Esq,
Decision 2007-016.
M 106.DP50.
This is to certify that twenty (20) days
have elapsed from date of decision, filed
without filing of an a peal.
Page 2 of 2 Date �, �jb
Joyce A. Bradshaw
A TTS 1 Torn Clerk
,A Z''ueFCop'q"
Town Clerk- .
.
I t500 Osgaod Street, I.iuikltmr 20 - SmIQ 2-36. North ;Amlover, 01:445
i i� ne ?7h tt�&iii. i lax 078-688-9542 \Veil - ��t x.ui�woli;urth<inclut r.c:um