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HomeMy WebLinkAboutMiscellaneous - 0 BRIDLE PATH 4/30/2018Si R Jan 12 10 01:09p NORTH P'MDOVER '\115urt ''. hl""Z' 111, T'{Ky. 01,d Man I "JIM P. "Wel-Irm. T Jfsvph U. Richard kL Axrodelp d14Mwj'vrj- Thoinaf t). IT)p,,Iiu. Dn"id S. bruw, r1olp Nhcbel P. U1,kortio 9786899542 Town Of NOrth Andmer ZONING BOA)RI) 0 p AppEALS T C4 201 JAN 1.2 plj Wit 7 j 0'a 'Amt. Stamp Date 49 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 0l 645 Please be advised that I wish to: Variance Special Permit Comprehensive Pmt (40R) 0#41 f Fit'iding - - 0 a *jtbeu t, iCdjEe from property located at: PM the North Andover -Zoning Board of Appeals agenda for STREET MAP(S): 1 /25;U — — PAPCEL(S), / /.1-0 TOWN, North Andover, MA-m4s NAME OF SIGNED: 16()o 059ne'd S'-- Bld' 2() - Suhr 2-36, Norah And(tvar, MA (11 Wi Phone -979-6911,954) Fox-97N-Ogb-9542 VVeb - ww'A'-tt)A'nofn(ii-thundtv%,er. Robert & Kathleen Ercolini 195 Bridle Path North Andover, MA 01845 Tel. 978-683-6170 Fax 978-687-3907 November 3, 2009 North Andover Zoning Board of Appeals (ZBA) C/o Town Hall 120 Main Street North Andover, MA 01845 NOV 16 2009 BOARD OF APPEALS RE: Jim and Margaret Walker's request for ZBA variances on Bridle Path To Board Members of North Andover's Zoning Board of Appeals; My wife and I have lived on Bridle Path since it was first developed in the late 1970's and early 1980's. It was also understood by those of us who purchased homes on the street that some of the lots would never be able to be developed due to the location of wetlands on these lots. These lots were simply expected to remain underdeveloped and all of us would be able to enjoy the rural beauty of the neighborhood and abutting conservation land. In fact, shortly after the purchase of our home, Smolak Farms dedicated a significant portion of its farm land abutting Bridle Path homes to a conservation easement and many of our neighbors worked with the farm to help him develop ancillary income on his farm site in support of his transfer. In addition, Town Meeting approved a significant purchase of conservation land at the end of the Bridle Path all the way up to Castlemere Road to preserve wetlands and the rural beauty of the area. While two homes were able to be developed on existing lots on Bridle Path, after the installation of sewer, all of Bridle Path was zoned into two acres by Town Meeting in the 1980's to minimize further development in the area, prior to the extension of the sewer system. The proposed variances requested by the Walker's to develop this lot is in direct conflict with Town Meeting specific zoning of this watershed area. Furthermore, it unfairly rewards the Walkers with the significant economic windfall of a buildable lot worth hundreds of thousands of dollars to the detriment of the neighborhood and the Town in general, that spent millions on conservation land in the area. Moreover, all of this zoning has been in effect for over 20 years. It is wrong to grant a variance to the Walkers as this variance requires a significant transfer of land area from an already undersized abutting lot (less than two areas), where their home is located, to the proposed new buildable lot, which was never intended to be buildable with its present dimensions. While I had originally hoped that the movement of the home to a rear area would make the variance supportable by me, my review of the plan, related transfers of land required and history of zoning and conservation purchases in the area has caused me to ask that you not grant this variance. Respe ul!y sub , Robert Ercolini Y52 217.5- 73.8'. 4' ! � t / m LA ju OD 00 in co (n Ew-, - 196.. 2-W Kill 73'---'�j o r ' / / Z tn r-7 III ! ! /� .- \ � P �� -'a?. / / ► - III I $ /j ' h� _..p_ m-----'----------- 104 Y. 4r j p tA z III /' t '' li ► ► `� > ci 0) 0 to L4 O 71 5-57 z 0 > m rn 2z> tn o C, ;u Z A Cep > in 0 Z z m z M— z >z 0 > > X -4 M r- M -0 r, > m 0 UO r1i —, C-) II I V z I 0 0 C) M m M r > DI DI -4 roi;o ocz THOMAS J. URBELIS e-mail,tjti@uf-law.com URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 May 12, 2009 Gerald Brown Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Lot 34 — Bridle Path Road Dear Mr. Brown: Andover Telephone 978-475-4552 I am writing in response to your request with regard to vacant Lot 34's compliance with the area requirements of the North Andover Zoning Bylaw. Lot 34 has .1.0 acres.. In May 1987, Town Meeting voted to change the area requirements for a single,:familytresidence on'Bridle Path Road to 2 }acres. The effective date of the bylaw change was the date of the Town Meeting vote. In May 1987 the lot was owned by James Walker and Margaret Walker as husband and wife. In May 1987 James Walker and Margaret Walker also owned the adjacent Lot .1 containing 1.69 acres. The second sentence of Mass. Gen. L. ch. 40A, §6, 14, states: "Any increase in area, frontage, width, yard, or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date or for five years after [January 1, 1976,] whichever is later, to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to then -existing requirements as of [January" 1, 1976,] and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but :contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided ... further that the provisions w:\wp5l\work\n-andove\corresp\brown - lot 34 - bridle path.doc URBELIS & FIELDSTEEL, LLP May 12, 2009 Page 2 of this sentence shall not apply to more than three of such adjoining lots held in common ownership." (emphasis supplied) On July 7, 1992 a deed was recorded in which James Walker and Margaret Walker conveyed Lot 34 to Margaret Walker. In my opinion, the 5 year zoning "freeze" on the increase in area to 2 acres for Lot 34 expired in May 1992, when James Walker and Margaret Walker still owned Lot 34, which was 5 years after the zoning change in May 1987. Therefore, in my opinion, the owner of Lot 34 is not entitled to receive a building permit in the absence of a variance from the Zoning Board of Appeals from the 2 acre area requirement. With a copy of this letter to Attorney Domenic J. Scalise, I respectfully request that he let me know if he disagrees with the opinions expressed herein. Please call if you have any questions. Very truly yours, Thom:;.rbeljis TJU/kmp cc: Domenic J. Scalise, Esq. Board of Selectmen Mark Rees Judy Tymon 91-2-,84 Jan 12 10 01:09p NORTH ANDOVER .Ubcn• 1'. Adanri Il I, T'{�:y. CJra►wort ' f ihrn h. i �1cLtrvrr� T irr(;GiirrnrnN Riciurd J. FtyggF, ICwy. Ckr�t ,ir,�rrh 1).1 �(vrtiv<<� Richard AI, \'aillnnci1urc i A.vadol" ,14rn+IMrr Tholnar t). Ippi4iv. 1.h11licl \. bru.-P.. L'aq. t�lichata P. l.ilti�rn, Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 97868183542 Toum of North Andover ZONING BOARD OF APPEALS p.1 Tcr:,.ric CEIV D ZOp JAN 12 Pjq Q • %2 '1%m•n (;Irrl.'limr Srnmp Dates pN�,. � r l� • �, Please be advised that 1 wish to: '�withdrxmy Variance Special Permit Comprehensive P ,;t (40BI Frading � petitl" with0ut'preiudice from the North Andover Zoning Board of Appeal,; agenda for Property located at: ' STREET:_ 1, 6/— MAP(S): /DJ PARCEL(S):-------------- TOWN: North Andover MAO 64S NAME OF PE SIGNED: 1601JOsgnAd SL., Bld,^, 2I1- SYitc ?-3b. Norah AnAovar, kiA M Wi Phune - 978•6$8,9541 Fut; - 97N-608-9542 Web - ww•n.tuxnnfiunThundnvtt. Zoning Bylaw Review Form Town of North Andover 1600 Osgood Street Ste 2-36 North Andover MA 01845 Street: 0 Bridle Path Map/Lot: 103/115 Applicant: Margaret L. Walker Request: Applicant seeks a lot area variance and a contiguous buildable area variance Date: September 10,2009 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-1 Remedy for the above is checked below. Item # Special Permits Planning Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient x 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting Planned Residential Special Permit 2 Frontage Complies x 3 1 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed x G Contiguous Building Area 2 Not Allowed 1 Insufficient Area x 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply x 1 I Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies x D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed x j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district x 2 Parking Complies x 3 Insufficient Information Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit X Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit Special Permit Pre-existing, Non - Conforming X Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the,plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled 'Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file new building permit application form and begin the permitting process. a,_ /i A, Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: 04 µORiN i � A �SSHCMIIf+t< TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS , 0AM,,_2� 1 Vis: A J f [Lr'„- VARIAI GM SEP 14 AH 10: ©4 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 Zoning Board of an application as incomplete 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 fora Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Pe- inner- completes an app[ica#ion form to petition the. Board of Appeals fora Variance, All information as required in items 1 -through and including 1.1 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 6: 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: DELNERY OF LEGAL NOTICE TO NEWSPAPER The 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. Petitioner submits one (1) original and ten (10) Xerox STEP 5: SUBMIT APPLICATION: � The petitioner is responsible for recording certification of the decision, the Mylar; and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 384 Office to be certified by the Town Clerk -with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and date of filing. The original will be left at the Town Clerk's shall complete the Certification of Recording form and Office, and the 10 Xerox copies will be left with the forward itto the Zoning Board of Appeals and to the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 1 of 4 r PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application fora VARIANCE Please'zomplete` all. items: l 1 Tbelow.'.... 1. Petitioner: *Name, *Address and telephone number: MARGARET L. WALKER 10 BRID-LE PATH, NORTH ANDOVER, MA 01845 Tel: 978-688-1988 *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:. MARGARET T WALKER 10 BRTDTE PATH, NORTH ANDOVER, MA 01845 Tel: 978-688-1988 Years Owned Land: 17 years I Location of Property: a. Street: 0 BRIDLE PATH Zoning District: R-1 b. Assessors: Map number: 10Lot Number: 115 c. Registry of Deeds: Book Number: Page Number. 1 42 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7 -dimensional requirements subsection 7.1 lot area, and Section 7.1.1 contiguous. buildable area, and table 2 of' the Toning By -Law. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: The applicant seeks a lot area variance (Section 7.1) and a contiguous buildable area variance (Section 7.1.1) in order to move her Northerly lot line which will create a more suitable buildable. lot. The above description shall be used for the purpose of the legal notice and decision. A more detailed desdiption 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 4he 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 dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear 26,68 n/a n/a % ok n/a ok ok ok ok B. CBA - 21,897 sq. ft. { yVV w we w ARD OF APPEALS application for a VARIANC E NORTH ANDOVER ZONING BO PP 6 B. Existing Lot: VACANT LAND Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 4-19560 rif a__ n a 270' / a 6.C. Proposed Lot(s); Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 60,252 n a n a 270' n a CBA — 43,443 sq. ft. 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft Sq. Ft. Coverage Feet Spaces 87,120 n a n Za 175' n a CBA — 65,340 sq. ft. 7A. Existing Buiiding(s): NONE Ground Floor Number of Height Total Square feet Floors Sq. feet Minimum Lot Setback Front . Side A Side B Rear Minimum Lot Setback Front Side A Side B Rear 31' 30.5' 50' 139' Minimum Lot Setback Front Side A Side B 30' 50' 30' Use of Building" "Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 7B. Proposed Building(s): RESIDENTIAL — SINGLE FAMILY Ground Floor Number of Height Total Use of Square feet Floors Sq. feet Building 1,116 2 .32' 2,792 Residential Rear 30' Number of Units" Number of Units" 1 "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. ft shall be the responsibility of the petitioner to fumish 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 t Zoning Board o this application as incomplete. Wo A47r D enic J�Scalise, Esc ., V " Type above name(s) here: Domenic J. Scalise, Esq 89 Main Street No. Andover, MA 01845 PAGE 4 OF 4 J 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. All 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. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating the Ordinance. from the intent or purpose of F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZB; 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 applicatiorf to the Town Clerk'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 Major projects are those which involve one of the following whether existing or proposed: 1) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: VARIANCE D Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1"=40' II) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. IID Plan shall be prepared, stamped and certified by a Registered. Professional Land Surveyor. Please note that pians 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: D Site Orientation shall include: 1. north point 2. zoning district (s) I 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. H) Legend & Graphic Aids shall. include:. I. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines I 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, ami garages, shall require only the planinformation as indicated vr,I,h an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11-A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover" for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of panties of interest on the abutter's list for the decision mailing. 11.13. Mailing labels: Applicant shall provide four 0) 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.- Applicant shall provide a check or money order to: 'Town of North Andover" per 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. .4 O1i12�Z�10 1'a1:01 hRX tlftlftl4LVC)tl ane �i a�w Jen 12 30 01:09P NORTH RMDOVER 9786889542 Town Of NOr. th Andover ZONING BOARD O F APY'EAi.S Albin1'. A4:tnzi 111, 1'iC1,rdirwdN 1(N T K blchirvrt. T irrCGnrrnrnw RNchard hi, 1 aillanccnirr .-i.varidlr ,5drwvinrr 1'Iwmnrt Y). lnpulivr Michael p. Lilti/rtu Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01645 Please be advised that 1 wish to: withdraw my P. 1 2010 JAN 12 PJB 3: 52 Hojrg�,,;hi 0 1 , •:�������I Lam: ...'V . f,—'n (lva 'r ma SU imp 0 Dates Variance Special Permit Comprehensive Permit (40B) Finding ;Petition without Prejudice from the North Andover Coming Board of Appeal..; agenda for property located at: STREET: MAP(S): %DJ PAP CEL(5,): / TOWN: Nnrih e...4......_ka A ^-- -- NAME OF SIGNED: 16()(10590evJ St-, Bide 2() - Suite 2-36, North Andmrcr, MA (11$41 Phone - 978.0911,934) Fug; - 978.68N-9542 W"eh - WWIa,.w141"(ft l-Thundover. MEMORANDUM Applicant: Margaret L. Walker 10 Bridle Path, North Andover, MA 01845 Purpose: Application for Variances from the Zoning Board of Appeals Property: 0 Bridle Path (Lot 34-A) North Andover, MA 01845 A. The particular use for the land and structure is residential; B. The vacant, lot of land owned by Mrs. Walker, who resides with her husband, James S. Walker in a house on the adjacent lot, is affected by a large wetland area; C., The distance of the buildable area. or, ills vacant lot fiom the extensive wetland created a substantial hardship which can be remedied by the relocation of a single lot line; D. The Bridle Path subdivision was originally permitted with a one acre minium lot size in conformity to the requirements of the then existing Zoning By -Law. Most lots in the subdivision continue to be one acre lots even though the By -Law was later changed to require a minimum lot size of two acres; E. The allowance of the requested variance will not affect the other lots in the immediate area while allowing this lot owned by Mrs. Walker to become a more suitable buildable lot. Respectfully submitted, James S. and Margaret L. Walker By their Attorney, memc ise, Esq. 89 Main S et North Andover, MA 01845 (978)682-4153 ! d ! m i Ir II 20' �Z a { ! ! ! d d ! d II ? =a n { ! a{ it ` 4 o a ! ! �- \ oU) if •' � �a�" / - .n _ —`. � _ _ _ .. z III uj ✓ � `g7• ____ I d \ .. .. III T III Q V) 11 - III LL \ J III I 61.6S \ \ �--o-- •� III j \ ,9L �I 3NR ♦ - I ` # vi I dI I \ l / ^ I u, i I o 01 Z 1 I - _. av . - O Q) '\ 11 II '1 9'£L N Cj - I 1 - _ Q0 W 3. CT oco o pPTN �p ,l (1 \ \ M_j \ z 5_0 W� Nco it �, J b0 ONOd 1b3� p Z J •@yy \ CL yDO V) W J s bs I 0 VIQ O J W L y } II... 7 W JZ N Z FW- ��1�� VFm_w as , LL N3 W F- rcrl" S O pO O 3 3 0 z Ix `Qp_ M o A 00 C LO F O W Z �- � ti 5 Q c� J j C9 6 LL. Z O 0 VI Q W E Q¢ � 3``0 -� po Ea � Q V, 4- 4 m206 o U a Z a p a 0 0 W a AA02 Ji O >_ a O N GC a a. Q W x < X o O w w Ld Z �W' -I o' p Hca N xOFpa U W OW � W O Q x �. LL uj W Z:3 a V a a v i I 0?O rnQ wo C ¢JOE)o o 1. Z Q rte+ v o •) i J (L '2 N ia� v a o �' O W o L� O C CL Q mp i Z N i a� y� O W N Z O J:II C V N LO i W_ Z3 Za Ti n 11�� F of � " ! +' m! W I `i IL W W Q or W v >Q J ZZOWwoz�q(�+'n$�ngn o vi { ! I w J cr QU IL O(n -20 0 O ZOO S n^ i1 n z V1 Z O Ex 01-J I ft Z w 0 d' ""z z 00 rn CW, { W W K O : 2% ows 0 0 f. _ � a w CL w�N <8i3��r�o \ 03 0 a Z W S \ N {0.4 { =z o ! a Q u In i !to to ! F_I N ISI { ! ! d d i j �' I/ i t J O < >! Zz ! d ! m i Ir II 20' �Z a { ! ! ! d d ! d II ? =a n { ! a{ it ` 4 o a ! ! �- \ oU) if •' � �a�" / - .n _ —`. � _ _ _ .. z III uj ✓ � `g7• ____ I d \ .. .. III T III Q V) 11 - III LL \ J III I 61.6S \ \ �--o-- •� III j \ ,9L �I 3NR ♦ - I ` # vi I dI I \ l / ^ I u, i I o 01 Z 1 I - _. av . - O Q) '\ 11 II '1 9'£L N Cj - I 1 - _ Q0 W 3. CT oco o pPTN �p ,l (1 \ \ M_j \ z 5_0 W� Nco it �, J b0 ONOd 1b3� p Z J •@yy \ CL yDO V) W J s bs I Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman o`��.° 61�o Associate Members Ellen P. McIntyre, Vice -Chairman c= °� Thomas D. Ippolito Richard J. Byers, Esq. Clerk '' p Daniel S. Braese, Esq. Joseph D. LaGrasse Michael P. Liporto Richard M. Vaillancourt ` °94 °�°^� -�• "� � Zoning Enforcement Officer ssa�wuss Gerald A. Brown • Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13th of October, 2009, at 7:30PM to all parties interested in the petition of Margaret L. Walker, for property located at 0 Bridle Path (Map 103, Parcel 115), North Andover, MA 01845 owned by Margaret L. Walker, 10 Bridle Path, North Andover, MA 01845. The petitioner is requesting a Variance under Section 4.136.3.c.ii.3 of the Zoning Bylaw in order to construct a new structure in the non -disturbance buffer zone; Variance of Lot Area for R-1 zone under Section 7.1 and Table 2 of the Zoning Bylaw; Variance of Contiguous Buildable Area under Section 7.1.1 of the North Andover Zoning Bylaw. The said premise affected is property with frontage on Bridle Path within the Residence -1 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: September 29, 2009 October 6, 2009 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi. III, Esq. Chairman of,.- Associate Members Ellen P. McIntyre, Vice -Chairman c?°t�''- Thomas D. Ippolito Richard J. Byers, Esq. Clerk i- _ 70 Daniel S. Braese, Esq. Joseph D. LaGrasse Michael P. Liporto Richard M. Vaillancourt * °4,oa^<~'~�„�"y Zoning Enforcement Officer �9ss.�..� sEt� Gerald A. Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13th of October, 2009, at 7:30PM to all parties interested in the petition of James S. Walker and Margaret L. Walker, for property located at 10 Bridle Path (Map 63, Parcel 23), North Andover, MA 01845 owned by James S. and Margaret L. Walker, 10 Bridle Path, North Andover, MA 01845. The petitioner is requesting a Variance of Lot Area for R-1 zone under Section 7.1 and Table 2 of the Zoning Bylaw; Variance of Contiguous Buildable Area under Section 7.1.1 of the North Andover Zoning Bylaw. The said premise affected is property with frontage on Bridle Path within the Residence -1 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi I11, Esq., Chairman Published in the Eagle Tribune on: September 29, 2009 October 6, 2009 A»3AV-09.008-6 uoilmilsul,p juawa6je43 ap suas mo%s 0Ab3Ad 11jege6 al zesimn wo-Ame-mmm allina� el zalinsuo:jalad a saltie} sauanbiq Margaret Walker Peter O'Neill Stephen Scully 10 Bridle Path 50 Bridle Path 808 Great Pond Road North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Frederick Coons Worthern Industries, Inc. Robert Worthen 95 Winter St. 3 East Spit Brook 776 Great Pond Road North Andover, MA 01845 Nausha, NH 03060 North Andover, MA 01845 Crabtree Realty Trust II Wei Deng 49 Bridle Path 35 Bridle Path North Andover, MA 01845 North Andover, MA 01845 David Bourassa Warren Kelley 95 Winter St. 747 Great Pond Road North Andover, MA 01845 North Andover, MA 01845 Margaret Walker 10 Bridle Path Peter O'Neill Stephen Scully North Andover, MA 01845 50 Bridle Path 808 Great Pond Road North Andover, MA 01845 North Andover, MA 01845 Frederick Coons Worthern Industries, Inc. Robert Worthen 95 Winter St. 3 East Spit Brook 776 Great Pond Road North Andover, MA 01845 Nausha, NH 03060 North Andover, MA 01845 Ian Carrera Crabtree Realty Trust II Wei Deng 35 Bridle Path 49 Bridle Path 35 Bridle Path North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 David Bourassa Warren Kelley 95 Winter St. 747 Great Pond Road North Andover, MA 01845 North Andover, MA 01845 T T ajn;eaA load Ase3 j01 jaded p983 TW10968 31VIdW31®AjaAd ash wi09986 pAt1 }jays uol�nj;sul aa5 siagel load Ase3 Easy Peel Labels ♦ See Instruction Sheet 1 Use Avery® TEMPLATE 81611 07N1 Em j Feed Paper for Easy Peel Feature j ® SAVERY018660T""j Ian Carrera 35 Bridle Path North Andover, MA 01845 David Bourassa 95 Winter St. North Andover, MA 01845 Warren Kelley 747 Great Pond Road North Andover, MA 01845 Peter O'Neill 50 Bridle Path North Andover, MA 01845 Crabtree Realty Trust II 49 Bridle Path North Andover, MA 01845 Warren Kelley 747 Great Pond Road North Andover, MA 01845 Wei Deng 35 Bridle Path North Andover, MA 01845 Wei Deng 35 Bridle Path North Andover, MA 01845 I:tiquettes faciles a peler ♦ Consultez la feuille www•averycom Utilisez le gabarit AVERY® 8160""` Sens de chargement d'instruction 1 -800 -GO -AVERY Easy Peel LabelsLA ♦ See Instruction Sheet 1 (A ' Use Avery® TEMPLATE 81607N1 ® 1 Feed Paper for Easy Peel Feature 1 ®IN AVERY®186607""1 Peter O'Neill David Bourassa 50 Bridle Path 95 Winter St. North Andover, MA 01845 North Andover, MA 01845 Crabtree Realty Trust II 49 Bridle Path North Andover, MA 01845 James Walker 10 Bridle Path North Andover, MA 01845 Frederick Coons Peter O'Neill David Bourassa 759 Great Pond Road 50 Bridle Path 95 Winter St. North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Warren Kelly Wei Deng Crabtree Realty Trust II 124 Peach Tree Lane 35 Bridle Path 49 Bridle Path North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 James Medeiros Kenneth Tillley James Walker 63 Bridle Path 70 Bridle Path 10 Bridle Path North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 ttiquettes faciles A peler A Consultez la feuille www.avery.com Utilisez le gabarit AVERY@ 8160""` Sens de chargement d'instruction 1 -800 -GO -AVERY Easy Peel Labels Use Avery® TEMPLATE 816OTM Warren Kelly 124 Peach Tree Lane North Andover, MA 01845 James Medeiros 63 Bridle Path North Andover, MA 01845 Frederick Coons 759 Great Pond Road North Andover, MA 01845 Warren Kelly 124 Peach Tree Lane North Andover, MA 01845 James Medeiros 63 Bridle Path North Andover, MA 01845 Frederick Coons 759 Great Pond Road North Andover, MA 01845 Warren Kelly 124 Peach Tree Lane North Andover, MA 01845 James Medeiros 63 Bridle Path North Andover, MA 01845 ®!1: ♦ See Instruction Sheet' Feed Paper for Easy Peel Feature j ®SAVERY0186607'"1 Peter O'Neill David Bourassa 50 Bridle Path 95 Winter St. North Andover, MA 01845 North Andover, MA 01845 Wei Deng 35 Bridle Path North Andover, MA 01845 Kenneth Tillley 70 Bridle Path North Andover, MA 01845 Peter O'Neill 50 Bridle Path North Andover, MA 01845 Wei Deng 35 Bridle Path North Andover, MA 01845 Kenneth Tillley 70 Bridle Path North Andover, MA 01845 Peter O'Neill 50 Bridle Path North Andover, MA 01845 Wei Deng 35 Bridle Path North Andover, MA 01845 Kenneth Tillley 70 Bridle Path North Andover, MA 01845 Crabtree Realty Trust II 49 Bridle Path North Andover, MA 01845 David Bourassa 95 Winter St. North Andover, MA 01845 Crabtree Realty Trust II 49 Bridle Path North Andover, MA 01845 James Walker 10 Bridle Path North Andover, MA 01845 David Bourassa 95 Winter St. North Andover, MA 01845 Crabtree Realty Trust II 49 Bridle Path North Andover, MA 01845 James Walker 10 Bridle Path North Andover, MA 01845 ttiquettes faciles a peler ♦ Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 8160""` Sens de chargement d'instruction 1 -800 -GO -AVERY µORTry Of r.ao ,a 7.40 k 4 f OY .iWti. � �4S �ccm TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS MARGARET L. WALKER Procedure & : Requirements for an Application for. a Variance Ten (10) copies of the following information must be submitted thirty 30 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 of an application as incom 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 fora 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 foc a Variance. All information as required in items I 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). ElvE[) OFFIC- VARIANG89sEP i 4 AM 10: 04 NOR rH A[r/�� STEP 6: 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. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1.) original and ten (10) Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 384 Office to be certified by the Town Clerk with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and date of filing. The original will be left at the Town Clerk's shall complete the Certification of Recording form and Office, and the 10 Xerox copies will be left with the forward itto the Zoning Board of Appeals and to the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete ali.`itelns 1 '=10 below. 1. Petitioner: *Name, *Address and telephone number: MARGARET L. WALKER 10 BRIDLE PATH, NORTH ANDOVER, MA 01845 Tel: 978-688-1988 '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: MARGARET T WALKER 10 PET DLE PATH NORTH ANDOVER, MA 01845 Tel: 978-688-1988 Years Owned Land: 17 years 3. Location of Property: a. Street: 0 BRIDLE PATH Zoning District: R-1 b. Assessors: Map number: 1 n3 Lot Number: 7115 c. Registry of Deeds: Book.Number: '1 a R R Page Number: 4 2 ., 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7 -dimensional requirements subsection 7.1 lot area, and Section 7.1.1 contiguous buildable area, and table 2 of the Zoning By -Law. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 74f IVox, 5. Describe the Variance request: The applicant seeks a lot area variance (Section 7 1) and a contiguous buildable area variance (Section 7.1.1) in order to move her Northerly lot line which will create a more suitable buildable lot. 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 Koms not included above. 6 A. Difference from Zoning Bylaw requirements: indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 26,68 n/a n/a % ok n/a ok ok ok ok B. CBA - 21,897 sq, ft. rage s or 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: VACANT LAND Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 4',560 n/a n/a 2701 n/a - - - - 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 60,252 n/a n/a 270' n/a 31' 30.5' 50' 139' CBA — 43,443 sq. ft. 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 87,120 n/a n/a 175' n/a 30' 50' 30' 30' CBA -. 65,340 sq. ft. 7A. Existing Building(s): NONE Ground Floor Number of Heigh 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): RESIDENTIAL — SINGLE FAMILY Ground Floor Number of Height Total Use of Square feet Floors Sq. feet Building 1,116 2 32' 2,792 Residential Number of Units** 1 *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 t Zoning Board o this application as incomplete. Signature: D enic J Scalise, Esef., Type above name(s) here: Domenic I Scalise, Esq 89 Main Street No. Andover, MA 01845 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. Ali - 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 generallythe 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. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts.relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. 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 applicatiorrto the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set ofbuilding 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 Major projects are those, which involve one of the following whether existing or proposed: 1) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: VARIANCE 1) 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: 1) 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. R) 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 plan information as indicated witn an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover" for the cost of first Gass, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's fist for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of parties of interest on the abutter's list for the decision mailing. 11.8. Mailing labels: 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. Applicant shall provide a check or money order to: "Town of North Andover" per 2005 Revised Fee Schedule. A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. .4 8•/ 21►a9 CBP' STE PeC Boat requh comp, STEP. Petitioi cited in, STEP 4', The petit a certifies 1 STEP 5: 1 Petitioner' copies of a Office to be date of filinf Office, and �A Zoning Boar, iMPORTAI 978-688-9533 978-688-95424 978-688-9545 978-688-9541 F Ciofolo, Angela From: Brown, Gerald Sent: Tuesday, February 02, 2010 12:55 PM To: Ciofolo, Angela Subject: FW: Importance: High Please provide any ZBA documentation to Skip Cheney Bride Path withdrew GeraldA. Brown Inspectorof Buildings Building Department Town of North Andover 1600 Osgood Street Building 20, South; Suite 2-36 North Andover, MA 01845 From: Cheney, Skip Sent: Tuesday, February 02, 2010 12:30 PM To: Hughes, Jennifer; Brown, Gerald Cc: Wedge, Donna; McEvoy, Jeannine Subject: Importance: High Good Afternoon I need your help please. I have two people that have applied for abatements on there vacant lots here in town. They both state in there applications that there lots are unbuildable per North Andover Conservation Department and the North Andover Building Inspector. I need supporting documentation form your departments in order to process these abatements. The properties are as follows: M: 103 P:115 Bridle Path owned by James & Margaret Walker M: 106. P: 32 Berry Street owned by the Padellaro family Thank You, Samuel G Cheney Jr. Field Appraiser/Assistant Assessor Town of North Andover rW 'L13AOaNr H1bON mW :,.a Nmvaa soot 's aNrr :31ra d) a31ON sv 3'lroe OV -so 'ON 6Of G1 L5810 'rW '1-13m0'I .L3332iJ.g N3J2drm em 'SNI 'S1�311ti�Zlly In N'4'Arring t NIAVV Hl"dd 1d9Oc4ON3 IVIN3aI93N l9 a3N°J143a ?JOS Nr�d a390d02Jd p U- IL - r o� 0 n Q 3: (L W- -1 -1 w ® $ F U U U- 13 Q LL CO 0 � 3:� ac Q z m °� w� pW Viz_ illi 11111,�� z N r��fl w� W � Z u,oaH oruama a�nr _zd b gI�EE O Ba O iry Q y Wa Z�I x 4 �a al - 1 yg� 3 yi z LL dU) Y tL '(A aI �IW UJ u (n N e LL r.............. p `3 waaH vwmria aoraanr aq A- o-tt bs �tltl4 L1�JOM AuOT�Y a9rlgn0 owls, uamrro asrranr - .PFF ayR e ,o -.o o j .+•.v � d� p p� Z 4 Q 4 W m md) MEMORANDUM Applicant: Margaret L. Walker 10 Bridle Path, North Andover, MA 01845 Purpose: Application for Variances from the Zoning Board of Appeals Property: 0 Bridle Path (Lot 34-A) North Andover, MA 01845 A. The particular use for the land and structure is residential; B. The vacant lot of land owned by Mrs. Walker, who resides with her husband, James S. Walker in a house on the adjacent lot, is affected by a large wetland area; C. The distance of the buildable area..on this vacant lot from the extensive wetland created a substantial hardship which can be remedied by the relocation of a single lot line; D. The Bridle Path subdivision was originally permitted with a one acre minium lot size in conformity to the requirements of the then existing Zoning By -Law. Most lots in the subdivision continue to be one acre lots even though the By -Law was later changed to require a minimum lot size of two acres; E. The allowance of the requested variance will not affect the other lots in the immediate area while allowing this lot owned by Mrs. Walker to become a more suitable buildable lot. r Respectfully submitted, James S. and Margaret L. Walker By their Attorney, omemc J. ise, Esq. 89 Main S et North Andover, MA 01845 (978) 682-4153 Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) This certifies that the names appearing on the recordsof the Asses office as of Certified by; Date 3 0 Town of North Andover IV Abutters Listing REQUIREMENT' MGL 40A, Section 11 states in part "Parties In Interest as used In this chapter shall mean the petitioner, abutters, owners or land directly oppositeon any public or private way, and abutters to abutters within three hundred J3001 feet of the property line of the petitioner as they appear on the most recent applicable tax 0st, not withstanding that the land of any such owner is located In another city or town, the planning board of the city or town, and the planning board of every abutting city or town:' Subiect Property., MAP PARCEL Name Address 103 115 Margaret L. Walker 0 Bridle Path, North Andover, MA 01845 Abutters Properties mail. 10 Bridle Path, North Andover, MA 01845 Map Parc Name Address 103 33 Frederick Coons 759 Great Pond Road, North Andover, MA 01845 103 114 Peter O'Neill 50 Bridle Path, North Andover, MA 01845 103 120 David Bourassa 95 Winter Street, North Andover, MA 01845 63 23 James Walker 10 Bridle Path, North Andover, MA 01845 63 39 Warren Kelly 747 Great Pond Road, North Andover, MA 01845 63 2&4 Wei Deng 35 Bridle Path, North Andover, MA 01845 63 5 Crabtree Realty Trust II 49 Bridle Path, North Andover, MA 01845 63 17 James Medeiros 63 Bridle Path, North Andover, MA 01845 104.0 13 Kenneth Tilley 70 Bridle Path, North Andover, MA 01845 This certifies that the names appearing on the recordsof the Asses office as of Certified by; Date 3 0 IV i It . MWKM"pW . sMpt,& -S Wnf po=Wo" op 00 OMM RAW6 Apwtj*d alt 9661 �ZMV PF 11411 M qwN 1poo ja %umno n omma Pie mpm vqof *1 mg w cc m v a. M=" WSZMQA no otp ou".0 vild ppm ws Vopdwap npw.wd am v jog v's 4 Ulm a i Wajo 4misoU .3 "ISN w" qlm Mom iq uqd q= %Wuj8ua'Wv.*mV pull nuqoo,;a 4=4 swAl 'Et Wow Pon �gpmpvww 'Awm tpwN U! pa" wMRL -V*w ald w uo qwd *"a "WOM Pucd POO JO Pn JO UM K wi a wAvp im %mmpmm P wammuwo %waa jo forwo *p YA *d 41131 107118b IP AA ll SAW""." "MVM" tiismaJUM3P OJDq *a alpiWA% I VJMAW M SUVA 4I (PHONE ZALL) i FOR �, OATE mmimrAdroxim RHONE - 6 L�kd Q��, AREA CODE NUMBER- E>�rENSION MESSAGE / /- Z-, Z: L � 31GNED f -T v 48003 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman oe�t,.o 6�ti° Associate Members Ellen P. McIntyre, Tice -Chairman c� ' °� Thomas D. Ippolito Richard J. Byers, Esq. Clerk '' 70 Daniel S. Braese, Esq. Joseph D. LaGrasse « a * Michael P. Liporto Richard M. Vaillancourt e'�`• �" x Zoning Enforcement Officer....,1s�t�y Gerald A. Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13th of October, 2009, at 7:30PM to all parties interested in the petition of Margaret L. Walker, for property located at 0 Bridle Path (Map 103, Parcel 115), North Andover, MA 01845 owned by Margaret L. Walker, 10 Bridle Path, North Andover, MA 01845. The petitioner is requesting a Variance under Section 4.136.3.c.ii.3 of the Zoning Bylaw in order to construct a new structure in the non -disturbance buffer zone; Variance of Lot Area for R-1 zone under Section 7.1 and Table 2 of the Zoning Bylaw; Variance of Contiguous Buildable Area under Section 7.1.1 of the North Andover Zoning Bylaw. The said premise affected is property with frontage on Bridle Path within the Residence -1 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: September 29, 2009 October 6, 2009 -4 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers; Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13th of October, 2009, at 7:30PM to all parties interested in the petition of James S. Walker and Margaret L. Walker, for property located at 10 Bridle Path (Map 63, Parcel 23), North Andover, MA 01845 owned by James S. and Margaret L. Walker, 10 Bridle Path, North Andover, MA 01845. The petitioner is requesting a Variance of Lot Area for R-1 zone under Section 7.1 and Table 2 of the Zoning Bylaw; Variance of Contiguous Buildable Area under Section 7.1.1 of the North Andover Zoning Bylaw. The said premise affected is property with frontage on Bridle Path within the Residence -1 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: September 29, 2009 October 6, 2009 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Town of North Andover ZONING BOARD OF APPEALS Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto Zonira,g Enforcement Ofcer Gerald A. Brown CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23 D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing session.] 1, 414-Z 4 e- - 11 CkM (name),hereby certify under the pains and penalties of perjury as follows: 1. I am a member of said Board. 2. I missed a hearing session on the matter of d ma aki which was held on October 13, 2009. 3. I reviewed all the evidence received at the hearing session I missed, which included a review of (initial which one(s) applicable): a. audio recording of the missed hearing session; b. video recording of the missed hearing session; C. a transcript of the missed hearing session; d. exhibits accepted at the hearing session. This certification shall become a part of the record of the proceedings in the above matter. Signed under the pains and penalties of perjury this 10th day of November, 2009. (Name) Received as part of the record of the above matter: Date: By: Position: Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. 0airman of �;, . o , 6 9ti Associate Members Ellen P. McIntyre, Vice-Cbaimian Thomas D. Ippolito Richard J. Byers, Esq. Clerk #-A Daniel S. Braese, Esq. Joseph D. LaGrasse * ; y �* Michael P. Liporto Richard M. Vaillancourt Zoning Enforcement Ofcer rep .* �SSACHUSGerald A. Brown CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23 D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing session.] I' I, (name), hereby certify under the pains and penalties of perjury as follows: I am a member of said Board. 2. I missed a hearing session on the matter of �/► �� �a`' �V rh�l,�l�Jf which was held on October 13, 2009. 3. I reviewed all the evidence received at the hearing session I missed, which included a review of (initial which one(s) applicable): a. audio recording of the missed hearing session; b. Z video recording of the missed hearing session; C._V a transcript of the missed hearing session; d. exhibits accepted at the hearing session. This certification shall become a part of the record of the proceedings in the above matter. Signed under the pains and penalties of perjury this 10th day of November, 2009. Received as part of the record of the above matter: Date: C� By: Position: November 2, 2009 Jim and Margaret Walker 10 Bridle Path North Andover, MA 01845 Dear Jim and Meg: We received your phone call the other day, which we were unable to respond to. But we have reviewed your revised plan. This plan in effect substantially redraws long established boundary lines, both on your residential property and on your abutting lot. These boundaries are not consistent with current zoning requirements and standards. In fact, they are neither consistent with the original lot lines when this neighborhood was first developed, nor consistent with the newer zoning requirements governing minimum lot size. Although we understand the economic benefits you will enjoy by making the abutting lot "buildable", jamming in another house on the useable part of that redefined lot - the majority of which is under water — will in fact detract from the character of the neighborhood and hence our own economic values. To us, the concept of zoning is simple and needs to be upheld, namely to ensure that a common standard of land use is applied equally to all and uniformly enforced. It is not the intent of community zoning to make special accommodation and rule bending for singular personal advantage to the detriment of all others. We have to live within the required zoning parameters, as do others on the street. The current appeals process is seeking to over -turn that long established principle for a personal exemption from the governing rules, which apply to everyone else, for a very unfavorable land use that we all would have to live with. Regrettably, we cannot support it. Thank you. 6/G, JO and Jo Medeiros 63 Bridle Path North Andover, MA. 01845 �Cc: North Andover Zoning Board of Appeals Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman ob^;L.o e110 .4ssociate Members Ellen P. McIntyre, Vice-Chairmano� °m Thomas D. Ippolito Richard J. Byers, Esq. Clerk _ _ A Daniel S. Braese, Esq, Joseph D. LaGrasse * Michael P. Liporto Richard M. Vaillancourt ATE� Zoning Enforcement Officer �R� �( 9ITS HCHUSE� Gerald A. Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13th of October, 2009, at 7:30PM to all parties interested in the petition of Margaret L. Walker, for property located at 0 Bridle Path (Map 103, Parcel 115), North Andover, MA 01845 owned by Margaret L. Walker, 10 Bridle Path, North Andover, MA 01845. The petitioner is requesting a Variance under Section 4.136.3.c.ii.3 of the Zoning Bylaw in order to construct a new structure in the non -disturbance buffer zone; Variance of Lot Area for R-1 zone under Section 7.1 and Table 2 of the Zoning Bylaw; Variance of Contiguous Buildable Area under Section 7.1.1 of the North Andover Zoning Bylaw. The said premise affected is property with frontage on Bridle Path within the Residence -.1 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: September 29, 2009 October 6, 2009 MEMORANDUM Applicant: James S. Margaret L. Walker 10 Bridle Path, North Andover, MA 01845 Purpose: Application for Variances from the Zoning Board of Appeals Property: 10 Bridle Path (Lot 1-A) North Andover, MA 01845 A. The particular use for the land and structure is residential; B. This parcel of land and the adjacent lot owned by Mrs. Walker; which is the subject of a separate application for variances, are affected by a large wetland area; C. The distance of the buildable area from the extensive wetland on the adjoining parcel of land owned by Mrs. Walker create a substantial hardship which can be remedied by the relocation of a single lot line between these two lots; D. The Bridle Path subdivision was originally permitted with -a one acre minimum lot size in conformity to the requirements of the then existing Zoning By -Law. Most lots in the subdivision continue to be one acre lots even though the By -Law was later changed to require a minimum lot size of two acres; E. The allowance of the requested variance will not affect the other lots in the immediate area while allowing the adjacent lot owned by Mrs. Walker to become a more suitable buildable lot. Respectfully submitted, James S. and Margaret L. Walker By their Attorney, omemc JP se, Esq. 89 Main S North Andover, MA 01845 (978) 682-4153 wonrH of�,��o •a�No Da as '„ •,'te 9� s5 "' TOWN OF NORTH ANDOVER 9sswcWus4 ZONING BOARD OF APPEALS GARET L. WAL OF AP Procedure & ' Requirements for an Application fora Variance Ten (10) copies of the following information must be submitted thirty 30 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 aoolication 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 that Ariz i inrlarlinarl 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 fora 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). rcf?'fti ` `!',�{*S 0FF6Cr VARIANCE29sEp 14 AM 10.01 NORTH ANDO STEP 6: 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. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1.) original and ten (10) Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 384 Office to be certified by the Town Clerk -with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and date of filing. The original will be left at the Town Clerk's shall complete the Certification of Recording form and Office, and the 10 Xerox copies will be left with the forward it to the Zoning Board of Appeals and to the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-6889566 Assessor's Office PAGE 1 of 4 '69 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete' all items 1 =. I01591ow: 1. Petitioner: *Name, *Address and telephone number: MARGARET L. WALKER 10 BRIDLE PATH, NORTH ANDOVER, MA 01845 Tel: 978-688-1988 *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: MARGARET T WAT KFIZ 10 BRIDLE PATHNORTH ANDOVER. MA 01845 Tel: 978-688-1988 Years Owned Land: 17 years 3. Location of Property: a. Street: 0 BRIDLE PATH Zoning District: R-1 b. Assessors: Map number: 1 n - Lot Number: 115 c. Registry of Deeds: Book Number: '449P Page Number: 1 42 P'. 4. Zoning Bylaw SedtiQn(s)* under which the petition for the Variance is made. Section 7 -dimensional requirements subsection 7.1 lot area, and Section 7.1.1 contiquous'buldable area, and table 2 of the toning By -Law., ii:.3 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: The applicant seeks a lot area variance (Section 7.1) and a contiguous buildable area variance (Section.7.1.1) in order to move her Northerly lot line which will create a more suitable buildable lot. 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 dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 26,68 n/a n/a % ok n/a ok ok ok. ok B. CBA - 21,897 sq. ft. rage s or % NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: VACANT LAND Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 43,.60 n/a n/a 270' n/a a. 6 C. Proposed Lot(s); Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 60.252 n/a n/a 270' n/a CBA - 43,443 sq. ft. 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 87,120 _n/a n/a 175' n/a CBA — 65,340 sq. ft. 7A. Existing Building(s): NONE Ground Floor Number of Height Total Square feet Floors Sq. feet Minimum Lot Setback Front . Side A Side B Rear Minimum Lot Setback Front Side A Side B Rear 31' 30.5' 50' 139' Minimum Lot Setback Front Side A Side B 30' 50' 30' Use of Building* "Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 7B. Proposed Building(s): RESIDENTIAL — SINGLE FAMILY Ground Floor Number of Height Total Use of Square feet Floors Sq. feet Building 1,116 2 .32 2,792 Residential Rear 30' Number of Units" Number of Units" 1 '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. ft 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 t Zoning Board o this application as incomplete. Signature: D enic J Scalise, Esef., Type above name(s) here: Domenic J. Scaiise, Esq 89 Main Street No. Andover, MA 01845 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. All - points, AfF, are required to be addressed with this application. a C. D. E. F.. .The particular use proposed. for the land or structure. 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 generally1he zoning district in which the property is located. 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. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought maybe given without nullifying or substantially derogating from the intent or purpose of the Ordinance. 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 Clerk'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 Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Pian Specifications: VARIANCE 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 111=40' 11) 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. H) 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, anis garages, . shall require only the planinformation as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11.A_ Notification fees: Applicant shall provide a check or money order to: "Town of North Andover" for the cost of first Gass, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: 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. G. Applicant shall provide a check or money order to: "Town of North Andover" per 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted, .4 °3r bey', 4- o`p Town of North Andover Office of the Planning Department `°p��•° •� `� Community Development and Services Division 4SSACHUSE� Osgood Landing 1600 Osgood Street Building #20, Suite 2-36 North Andover, Massachusetts 01845 P (978) 688-9535 F (978) 688-9542 To: Town of North Andover Zoning Board of Appeals From: Judy Tymon, Town Planner DEC — 4 2009 Date: December 3, 2009 BOARD OF APPEALS Subject: Application for Variance: 10 Bridle Path Regarding the above application of James S. and Margaret L. Walker for variances from the town's zoning bylaw for relief from dimensional requirements for lot area, yard setbacks and contiguous buildable area, I would like to provide some background regarding conversations that took place with the applicant, the applicant's attorney, town counsel, the Building Inspector and the Conservation Administrator. On numerous occasions during the early part of 2009, many meetings were held to discuss the applicant's desire to build a single family residence on the lot shown on the town's assessors' map as Map 103, Lot 115. This lot was created as part of a subdivision in 1977 and contains 43, 560 sq. ft. The lot resides in the Watershed Protection District and has a considerable amount of wetlands. It is located in the R-1 zone, which required, at the time of the creation of the lot, 1 acre in order to build a single family residence. In May 1987, Town Meeting voted to change the area requirements for a single family residence from 1 acre to 2 acres. In the opinion of town counsel, the 5 year zoning freeze on the increase in area to 2 acres expired in May 1992. During these meetings, (the last of which was held on May 11, 2009) the applicant was told that he could place a single family residence on this lot, as long as the following conditions were met: • All lot setback requirements • Provide a 75' buffer from all wetland areas in order to meet the requirements of the Non - Disturbance Zone, as required in section 4.136.3.c. (Watershed Protection Zone) • Obtain a variance from the Zoning Board of Appeals from the 2 acre lot requirement. • Obtain a variance from the Zoning Board of Appeals for the construction of a new permanent structure, as required in section 4.136.3.c.ii.(3). The applicant was also advised that if he proceeded to change the lot lines for both this lot as well the adjacent lot located at 10 Bridle Path, he would lose all grandfathering provisions, including the ability to construct a new permanent structure (as shown on the plan dated October 28, 2009 ) according to the Watershed Zoning District, section 4.136.3.d.iii.(4). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 If you have any questions or would like more information, please feel free to contact me. R6-9ards, Judith Tymon, AIC> U` cc: Curt Bellavance, Director Community Development Jerry Brown, Inspector of Buildings Jennifer Hughes, Conservation Administrator Attorney Thomas J. Urbelis, Esq., Town Attorney Attorney Domenic J. Scalise, Esq. John Simons, Chair, Planning Board THOMAS J. URBELIS e-mail tju@uf-law.com URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 May 12, 2009 Gerald Brown Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Lot 34 — Bridle Path Road Dear Mr. Brown: Andover Telephone 978-475-4552 I am writing in response to your request with regard to vacant Lot 34's compliance with the area requirements of the North Andover Zoning Bylaw. Lot '34 has 1.0 acres. In May 1987, Town Meeting voted to change the area requirements for a single family residence on Bridle Path Road to 2 acres. The effective date of the bylaw } change was the date of the Town Meeting vote. In May 1987 the lot was owned by James Walker and Margaret Walker as husband and wife. In May 1987 James Walker and Margaret Walker also owned the adjacent Lot.l containing 1.69 acres. The second sentence of Mass. Gen. L. ch. 40A, §6, 14, states: "Any increase in area, frontage, width, yard, or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date or for five years after [January 1, 1976,) whichever is later, to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to then -existing requirements as of [January 1, 1976,] and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided ... further that the provisions w:\wp51\work\n-andove\corresp\brown -lot 34 - bridle path, doc E URBELIS & FIELDSTEEL, LLP May 12, 2009 Page 2 of this sentence shall not apply to more than three of such adjoining lots held in common ownership." (emphasis supplied) On July 7, 1992 a deed was recorded in which James Walker and Margaret Walker conveyed Lot 34 to Margaret Walker. In my opinion, the 5 year zoning "freeze" on the increase in area to 2 acres for Lot 34 expired in May 1992, when James Walker and Margaret Walker still owned Lot 34, which was 5 years after the zoning change in May 1987. Therefore, in my opinion, the owner of Lot 34 is not entitled to receive a building permit in the absence of a variance from the Zoning Board of Appeals from the 2 acre area requirement. With a copy of this letter to Attorney Domenic J. Scalise, I respectfully request that he let me know if he disagrees with the opinions expressed herein. Please call if you have any questions. Very truly yours, TJU/kmp Thomas J. 4elis cc: Domenic J. Scalise, Esq. Board of Selectmen Mark Rees Judy Tymon Zoning Bylaw Review Form Town of North Andover 1600 Osgood Street Ste 2-36 North Andover MA 01845 Street: 0 Bridle Path Map/Lot: 103/115 Applicant: Margaret L. Walker Request: Date: DIw 1. w-1 Applicant seeks a lot area variance and a contiguous buildable area variance September 10,2009 .J LL.L.LL_ �p010 .,C cau V10Cu carat al Ler review or your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-1 Remedy for the above is checked below Item # I Special; Permits Planning Board Item # Item Notes, Setback Variance Item Notes A Lot Area Lot Area Variance F Frontage 1 Lot area Insufficient x 1 Frontage Insufficient 2 3 Lot'.Area Preexisting Lot Area Complies Earth Removal Special Permit ZBA 2 3 Frontage Complies x Preexisting frontage 4 Insufficient Information R-6 Density Special Permit 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed x G Contiguous Building Area 2 Not Allowed 1 Insufficient Area x 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply x 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies x D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed x j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required I 1 I More Parking Required 2 Not in district x 2 Parking Complies x 3 Insufficient Information Remedy for the above is checked below Item # I Special; Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit X Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit Special Permit Pre-existing, Non - Conforming X Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the.plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file onew building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: yy1 R V��*)•�/, i��a �'�q' i:f .L+:Y?'. �i, � F ki �71',� �° i. 3' p;� {per{ � S �� ��� � � �pY��j.�� F��+k €k �..��'�. ��kl� Y f�:lf'�Sf� �� �I��' V71TIP� �k � i'« '� �� y.f fir' 2 .��!w ��E� `���s� '� � � j a � � � �' }�NY^�ii �A '� '. A 3 Imo' Y�✓'i��� � � �i �,� �L. � t %i tr. �1 s 2 r rc 38fi x♦ � 3 s X Zoning Board of Appeals A variance from section 4.136.c.ii.3 from the ZBA in order to construct anew Department of Public Works Structure in the Non -Disturbance- Buffer Zone. 8 Lot area is in violation 7.1 and table2 Lot size required 87,120 sf and BUILDING DEPT The proposed 60,252 sf Variance Required g Contiguous Buildable Area (CBA) required 65,340sf Proposed 43,443 sf insufficient area Section 7. 1.1 Variance Required All properties in the Watershed Protection District require Special Permit through the Planning Board per Section 4.136 of the Zoning By -Laws Also Conservation has noted that the site will need an Order of Conditions from the Conservation Commission Referred To: Fire Health Police X Zoning Board of Appeals x Conservation Department of Public Works x Planning Historical Commissibn Other BUILDING DEPT ZoningBylawDenia12000 B VW 'Z!UAOdNV 1-tiNON L581O 'VW '113m01 1332!19 N NaiVm 8LI "SNI t910allHONV NVAI-ring i NIAVS) H.LVcl 3-1QING b -tri lUi *J.9 Q3NV)93a 2J0� NV id Q390dObd mw 'J.9 NmVNCI 600L '£ 3Ntr °31V'4 ,q i LL O 4310N 9V 31VO9 OLI-SO 'ON 9Of -ivsodoNd I"v'lN3a19N 6 B z Q a w-11 LW9� 9NIR'n�9 8fh'ttanr F.tf � ® e tnA3t aumna avrr3nr ,PS( Q is F, U —�� u 6 z Q a w-11 LW9� 9NIR'n�9 8fh'ttanr F.tf � ® e tnA3t aumna avrr3nr ,PS( Q is F, U —�� u a i t Y aLL Nap W < \�C 00�j w �^ z a zg �o H Z O a. 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