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LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978)475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)
SHAUNA E. McCARTHY, J.D.
August 6, 2003
North Andover Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
c/o Mitch Glennon
Paralegals
KATHRYN M. MORIN
LIANNE CRISTALDI
JOAN H. DUFF
MICHELE C. JONIKAS
Re: Comprehensive Permit Applications
Properties: Lot A and Lot C Forest Street, North Andover, MA
Applicant: Forest Glen Development, Inc.
Re: Variance, Special Permit and Findings Applications
Properties: Lot A and Lot C Forest Street, North Andover, MA
Applicant: Forest Glen Development, Inc.
Dear Board Members:
This letter will confirm that the Applicant will proceed alternatively, under
both sets of the above -referenced applications, at the Zoning Board's
meeting on Tuesday, August 12, 2003.
The Applicant requests that the applications for Variance/Special
Permits/Finding related to the single family development of each property be
considered first by the Board.
AUG 11 2003
D
Mew-DocsTorest Glen Dev, Inc102-308 Forest Street Comp Penn!UBA Itr 8-6-03.doc
BOARD OF APPEALS
August 6, 2003
Page 2
I believe this request is consistent with Town Counsel's advice to the Board
on this matter. Thank you in advance for this cooperation in this regard.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
Donald F. Borer
/jd
pc: Forest Glen Development, Inc.
John Witten, Esq.
Charles Foster, Esq.
AUG 1 1 2113
U
FANew-DocsTorest Glen Dev, Inc102-308 Forest Street Comp PermitUA Itr 8-N3.doc
BOARD OF APPEALS
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978► 475-4488
tclecopier (973) 475-6703
MARK ti 'JOIINSON (SIA, NK DC)
I I:ND:\ A 0V0NNl;l_L (MA. Nil, RI)
D01NAI U F. HORENSITIN (•i�>, Mf.)
)11Ai,NA 1: NICUARTHY, J.D.
August 6, 2003
North Andover Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
c/o Mitch Glennon
Re: Comprehensive Permit Applications
Properties:, Lot A and Lot C Forest Street, North Andover, MA
Applicant: Forest Glen Development Inc
Re: Variance, Special Permit and Findings Applications
Properties: Lot A and Lot C Forest Street, North Andover, MA
Applicant: Forest Gen Development, Inc
Dear Board Members:
YJfij�1�;1IS
kA I l lR YN ;V1 N401
1 IANN1: t'Itlti r:\I
JOAN I1. Ul.
Nif H A 1: ('. JONIK.
This letter will confirm that the Applicant will proceed alternatively, under
both sets of the above -referenced applications, at the Zoning Board's
meeting on Tuesday, August 12, 2003.
The applicant requests that the applications f_ur Variance/Special
Permits/Finding related to the single f1ullily development ofeach property be
considercd first by the Board.
Allgust 6, 2003
Page 2
I believe this request is consistent with Town C'ounsel's advice to the Board
on this matter. Thank you in advance for this cooperation in this regard.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
Donald .F. Boren
/jd
pc: Forest Glen -.Development, Inc.
John Witten, Esq.
Charles Foster, Esq.
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ZBA Date
TOWN OF NORTH ANDOVER
N.-xq#pj-1
This certifies that L.,qr� ... Cc o� b?...
has paid ... tq..7.0 ..........................................
Receivedbv ..... .........................................................
Department ............. —2-.6.A ...........................................................
..............
WHITE: Applicant CANARY: Department PINK: Treasurer
r;-Iov '� — (-) 1;),
ZBA 14-4.
Date .. C,. -.. i. �. -.. o3
TOWN OF NORTH ANDOVER
RECEIPT
This certifies thatL m w. oet',
haspaid 1. ......................................
for.�oi.a ...
Receivedby ... .....................................................
Department........ 7-6A .....................................................................
WHITE: Applicant CANARY: Department PINK: Treasurer
*,6—"o -� -�, �� -, A
Py i,_iTown of North Andover
�. L tD
`- �
CLEr( � ice of the Zoning Board of Appeals
TlJY1!
IC/bfi it unity Development and Services Division
27 Charles Street
QNorth Andover, Massachusetts 01845
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2003
date of filing of this notice
in the office of the Town Clerk. Property at: Lot C, Forest Street (Map 105D, Parcel 71)
NAME: Forest Glen Development, Inc. 130 Middlesex Street, HEARING(S): 7/8 & 8/12/03
North Andover
ADDRESS: Lot C, Forest Street (Map 105D, Parcel 71) PETITION: 2003-022
North Andover, MA 01845 TYPING DATE: August 18, 2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12,
2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of
Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot C, Forest
Street, North Andover (Map 105D, Parcel 71) requesting a Variance from Section 7, Paragraphs 7.1, 7.2,
and Table 2 for relief of minimum lot area and street frontage, as well as, a Special Permit and Finding
under Section 9, in order to construct a new single family dwelling on a non -conforming lot. The said
premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph
D. LaGrasse.
Upon a motion by Joseph D. LaGrasse and 2nd by Walter F. Soule, the Board voted to GRANT the
Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area of 41,877 and
street frontage of 24.84' in order to construct a new single family dwelling on a non -conforming lot
according to the Plan of Land in North Andover, Mass. Owners: William J. & Deana J. Hamel, Linda M.
Emro Trustee, Ronald F. & Linda M. Emro and Anna M. Gilbert, Date: Sept. 30, 1999, Rev.: June 9, 2003,
[by] William S. MacLeod, Professional Land Surveyor, #29644, Andover Consultants Inc., 1 East River
Place, Methuen, Mass. 01844 and the Sample Floor Plans prepared for Gerard E. Welch, Inc. P. O. Box
248 N. Andover; upon the conditions of:
1. George J. Zambouras, P. E. 17 Noble Hill Road, Beverly, MA will specify the Forest Street
lot, map, and parcel information in an update of his August 4, 2003 letter.
2. The Plan of Land Mylar will specify the Forest Street lot, map, and parcel information, the
ownership information, and will have a four -line signature Zoning Board block.
Voting in favor: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse.
Upon a motion by Joseph D. LaGrasse and 2nd by Walter F. Soule, the Board voted to allow the petitioner
to WITHDRAW THE PETITIONS FOR THE FINDING AND SPECIAL PERMIT WITHOUT
PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre,
and Joseph D. LaGrasse.
The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning
Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from
the intent and purpose of the Zoning Bylaw.
Pagel of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
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.
Decision 2003-022.
Page 2 of 2
Town of North Andover
Board of Appeals,
William I Sullivan, Chairman
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Legal Notice
North Andover, Board of Appeals
Telephone (978) 688-9541
Fax (978) 688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R
Main Street, North Andover, MA on Tuesday the 8t` of July, 2003 at 7:30 PM to all parties interested in the
appeal of Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot C,
Forest Street, North Andover (Map 1051), Parcel 71) requesting a Variance from Section 7, Paragraphs
7.1, 7.2, and Table 2 for relief of minimum lot area and street frontage, as well as, a Special Permit and
Finding under Section 9, in order to construct a new single family dwelling on a non -conforming lot.
The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning
district.
Plans are available for review at the office of the Building Department 27 Charles Street, North Andover,
MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on June 23 & 30, 2003.
Legalnotice 2003-022B. ti
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Town of North Andover No RT►,
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street ° = ""`'
North Andover, Massachusetts 01845 ssACHUStS
D. Robert Nicetta
Building Commissioner
Legal Notice
North Andover, Board of Appeals
Telephone (978) 688-9541
Fax (978) 688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R
Main Street, North Andover, MA on Tuesday the a of July, 2003 at 7:30 PM to all parties interested in the
appeal of Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot C,
Forest Street, North Andover (Map 105D, Parcel 71) requesting a Variance from Section 7, Paragraphs
7.1, 7.2, and Table 2 for relief of minimum lot area and street frontage, as well as, a Special Permit and
Finding under Section 9, in order to construct a new single family dwelling on a non -conforming lot.
The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning
district.
Plans are available for review at the office of the Building Department 27 Charles Street, North Andover,
MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on June 23 & 30, 2003.
Legalnotice 2003-022B.
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NOV-19-2003 WED 04:13 AM MARKJOHNSON FAX NO, 9784756703
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Strcct
And(wor, Mamchu.mts 01810-3706
(978) 475-1188
•I'decuptcc (97X)475-6703
MARK D. J011NSON 04A,N11,1)(:)
LINDA A. O'CCI,NNIiIJ, (MA, NII, R1)
iNJNALD F. BORE TITIN (MA, W)
MICIIAM. U. FURLONG (MA)
JAMES DONFAN'l l (MA)
�IInl1NA f;, f`1�('AR I'IIY, J.I'i.
November 18, 2003
Vitt T acsimile: 1,978.688.9542
Norllt Andover Zoning Board of Appeals
Altc.ntion., Mitch Glennon
27 C miles Strect
North Andovcr, MA 01845
Re: Comprehensive Permit Applications
Prelmlies: Lot A and Lot C )forest Street, North Andover, MA
A,pplieaut: Forest Glen Development, l ie._ - -_
Re: Variance, Special Permit and l~ indings Applications
Properties: Lot A and Lot C Forest Street, North Andover, MA
ic<<nt: Fcir_et Glen . evcl went "Ic-
Door Board Mcrobers:
The Applicimt will be withdrawing the above Comprehensive Permit
Ahplieutions, ill tonight's meeling.
Very truly yours,
LAW 01'"F10E OF
MARK B. JOHNSON
dY Donald F. Borenstetin
DF13-11h
pc: forest Glen Ucvclopmont, lrlc,
J !� `•�-'� ��
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KATIIRYN M. MORIN
LIANNE CI(ISTALQI
JOAN 11. DUET
MICI 11'1.11 C. JnNIKAS
George J. Zambouras, P.E.
17 Noble Hill Road
Beverly, MA 01915
August 4, 2003 (Revised August 19, 2003)
North Andover Board of Appeals
North Andover, MA 01845
Re: Forest Street Lot C — Assessors Map 105D, Parcel 71, N. Andover
Forest Street Lot A — Assessors Map 105D, Parcel 39, N. Andover
Dear Mr. Sullivan, Chairman
Recently while performing engineering services for Mr. Scott Karpinski I was afforded
the opportunity to observe the characteristics of the properties in the area and more
specifically the vacant parcels, Lot C — Assessors Map 105D, Parcel 71 and Lot A —
Assessors Map 105D, Parcel 39 that are currently under review. In my observance of
these lots, the rear portion of the lots yield a significant rise in elevation and support
evidence of supporting large boulders throughout. As such any increase of lot area to the
rear would not be beneficial to the site for development and any development within the
lots would be limited to the front one third of the lots. Based on the observed topography,
expected soil conditions and the limited developable land for expansion, the lots lend
themselves to relief from the requirements of zoning.
.s, P.E.
OF Af4' �
or GEORGE yG
J.
R ZAMBOURAS �+
CIVIL
9 X30
.e F�7ST�'� ' , w•
9�FFSSIO�i4l. '���
DP111*. AUG 25toDD
BOARD Orr APPEALS
04
George J. Lambouras, P,E.
17 Noble Hill Road
Deverly, MA 01915
AiI_,usl d, 2003
North Andover Board of Appcils
North Andover, MA 01845
Ito: forest Street Lot C -- Assessors Map 105x), Pareel 71, N. Andover
Forest Slroot LLL A,— Assessors Map 105D, .Parcel 39, N. Andover
lk:arMr. Sullivan, Chairman
Recently while performin; enE;ineeruig services for Mr. Scott Karpinski T was alrorded
the opportunity to observe the characteristics of the properties in the area and more
spocif ically the vacant parcels, Lot C •- Assessors Map 1050, Parcel 71 and Lot A —
Assessona Map 105D, Parcel 39 that are currently under review. Tn my observance of
these lots, the re;li Portion of the lots yield a significant rise in elevation and support
evidence of supporting large boulders throughout. As such any increase oflot area to the
rear would not be. beneficial to lite site for development and any development within the
lots would be limited to the front one third of the lots, Based on the observed topography,
expected -mil conditions and the limited developable land for expansion, the lots lend
thoniselvt s to relicf.from the requirements of zoning.
idly,
7i)6ibouras, MI..
o' E3EGAGE �,
AUG -13-2003 WED 11:30 AM ATTY MARK B JOHNSON FAX NO, 9784756703
is .t
�Js�cNus�a
NORTH ANDOVER
OMCE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSFTTS n 1 U;
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
phone # 978-688-9541
fax # 97"88-9542
P. 01
G _YCrur;ALJSH,
CLi_RI
..ji'D01 E n
X003 AUG 13n I
f
I
FAX (978) 688-9542
Date: �A�
Please be advised that I wish to withdraw. my petitiOAMthout preiudice
from the Zoning Board of Appeals agenda for property located at:
STREET: . Gd"Z� AUG*7— J17k:;67" Cpm°/ e-&7- 779,44.34
TOWN: 1-fd&2. tdp'ld,y—1
NAME OF I
Signed:
II11JL.'1:'�l.:J
130.v27 OF .aPPE,i.S 698-4541 KILDINGS 688-95.45 CONSERVAMN CRS -9530 REALTH 633-9340 FL. -OCG 653-9535
George I Zambouras, P.E.
17 Noble Hill Road
Beverly, MA 01915
August 4, 2003
North Andover Board of Appeals
North Andover, MA 01845
Dear Mr. Sullivan, Chairman
Recently while performing engineering services for W. Scott Karpinski I was
afforded the opportunity to observe the characteristics of the properties in the area and
more specifically the vacant lots that are currently under review. In my observance of
these lots, the rear portion of the lots yield a significant rise in elevation and support
evidence of supporting large boulders throughout. As such any increase of lot area to the
rear would not be beneficial to the site for development and any development within the
lots would be limited to the front one third of the lots. Based on the observed topography,
expected soil conditions and the limited developable land for expansion, the lots lend
themselves to relief from the requirements of zoning.
NE C � � W E
AUG 12 2003 D
BOARD OF APPEALS
.E.
�-Ws- 0aI
U��
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2003
date of filing of this notice
in the office of the Town Clerk. Property at: Lot C, Forest Street (Map 105D, Parcel 71)
NAME: Forest Glen Development, Inc. 130 Middlesex Street, HEARING(S): 7/8 & 8/12/03
North Andover
ADDRESS: Lot C, Forest Street (Map 105D, Parcel 71) PETITION: 2003-021
North Andover, MA 01845 TYPING DATE: August 18, 2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12,
2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of
Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot C, Forest
Street, North Andover (Map 105D, Parcel 71) requesting a Variance from Section 7, Paragraphs 7.1, 7.2,
and Table 2 for relief of minimum lot area and street frontage, as well as, a Special Permit and Finding
under Section 9, in order to construct a new single family dwelling on a non -conforming lot. The said
premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph
D. LaGrasse.
Upon a motion by Joseph D. LaGrasse and 2nd by Walter F. Soule, the Board voted to GRANT the
Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area of 41,877 and
street frontage of 24.84' in order to construct a new single family dwelling on a non -conforming lot
according to the Plan of Land in North Andover, Mass. Owners: William J. & Deana J. Hamel, Linda M.
Emro Trustee, Ronald F. & Linda M. Emro and Anna M. Gilbert, Date: Sept. 30, 1999, Rev.: June 9, 2003,
[by] William S. MacLeod, Professional Land Surveyor, #29644, Andover Consultants Inc., 1 East River
Place, Methuen, Mass. 01844 and the Sample Floor Plans prepared for Gerard E. Welch, Inc. P. O. Box
248 N. Andover; upon the conditions of
1. George J. Zambouras, P. E. 17 Noble Hill Road, Beverly, MA will specify the Forest Street
lot, map, and parcel information in an update of his August 4, 2003 letter.
2.. The Plan of Land Mylar will specify the Forest Street lot, map, and parcel information, the
ownership information, and will have a four -line signature Zoning Board block.
Voting in favor: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse.
Upon a motion by Joseph D. LaGrasse and 2°d by Walter F. Soule, the Board voted to allow the petitioner
to WITHDRAW THE PETITIONS FOR THE FINDING AND SPECIAL PERMIT WITHOUT
PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre,
and Joseph D. LaGrasse.
The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning
Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from
the intent and purpose of the Zoning Bylaw.
Pagel of 2
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.
Decision 2003-022.
Page 2 of 2
Town of North Andover
Board of Appeals,
William I Sullivan, Chairman
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01.845
D. Robert Nicetta
Building Nintnissic
Any appeal shall be filed
within (20) days afterto
date of filing of this noti
in the office of the Town
Notice of Decision
Year 2003
Property at: Lot C, Forest Street
Telephone (978) 688-9541
Fax (978) 688-9542
105D, Parcel 71
NAME: Forest Glen Divelopment, Inc. 130 Middlesex Street, HEARING(S): 7/8 & 8/12/03
North Andover
ADDRESS: Lot C, Forest Sthet (Map 105D, Parcel 71) PETITION: 2003-022
North Andover, MA 01845 TYPING DATE: Amust 18, 2003
The North Andover Board of Appl als held a public hearing at its regular meeting on Tuesday, August 12,
2003 at 7:30 PM in the Senior Cen�r, 120R Main Street, North Andover, MA upon the application of
Forest Glen Development, Inc. 13R Middlesex Street, North Andover, for premises at: Lot C, Forest
Street, North Andover (Map 105D, `arcel 71) requesting a Variance from Section 7, Paragraphs 7.1, 7.2,
and Table 2 for relief of minimum lot area and street frontage, as well as, a Special Permit and Finding
under Section 9, in order to construct allnew single family dwelling on a non -conforming lot. The said
premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph
D. LaGrasse. \
Upon a motion by Joseph D. LaGrasse and 2°° by Walter F. Soule, the Board voted to allow the petitioner
to WITHDRAW THE PETITIONS FOR Tk FINDING AND SPECIAL PERMIT WITHOUT
PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre,
and Joseph D. LaGrasse.
Town of North Andover
Board of Appeals,
J. Sullivan, Chairman
Decision 2003-022.
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
HP Fax K 1220xi
Last Transaction
Date Time Twe Identification
Log for
NORTH ANDOVER
9786889542
Aug 12 2003 10:5 lam
Duration PaggsResult
Aug 12 10:49am Fax Sent 89784756703 1:25 4 OK
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THOMAS I URBELIs
e-mail tju@ufb.com
William Sullivan, Chair
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
URBELIS & FIELDSTEEL, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
Telephone 617-338-2200
Telecopier 617-338-0122
July 3, 2003
RE: LOTS A AND C — FOREST STREET -
Dear Mr. Sullivan:
You requested that I respond to the following questions:
Andover
Telephone 978-475-4552
1. Can the ZBA have both types of applications on the agenda, (a) 40B and (b)
Variance, Special Permit & Finding?
2. Since nothing changed as to shape, topography, or soil conditions since the Board
denied the 2000 petitions, can the Board reverse itself?
3. Is the hardship of unusable land enough?
Response to Question 1
In my opinion, while the Chapter 40B application and the variance request may be on the
agenda for the same date of hearing, the two hearings should proceed separately (and be
advertised separately) with testimony taken independently for each such hearing.
Response to Question 2
No person has a legal right to a variance, and they should be granted sparingly, only
n
�vli�eWfil are present which satisfy requirements of M.G.L. c. 40A, § 10. Broderick v.
JUL 1 6 2003 �
s:\wp51\work\n-andove\c I ' an.itr-foster.doc
BOARD ®F API -ASC.
URBELIS & FIELDSTEEL, LLP
William Sullivan, Chair
July 3, 2003
Page 2
Board of Appeals of Boston, 361 Mass. 472, 479 (1972), citing Damaskos v. Board of Appeals
of Boston, 359 Mass. 55, 61 (1971). M.G.L. c. 40A, § 10 provides that a variance may be
granted only where the permitting authority,
"specifically finds that owing to circumstances relating to the soil
conditions, shape, or topography of such land or structures and
especially affecting such land or structures but not affecting
generally the zoning district in which it is located, a literal
enforcement of the provisions of the ordinance or by-law would
involve substantial hardship, financial or otherwise, to the
petitioner or appellant, and that describe relief may be granted
without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of
such ordinance or by-law."
The Supreme Judicial Court "has repeatedly held that no variance can be granted unless
all of the requirements of the statute are met." Warren v. Board of Appeals of Amherst, 383
Mass. 1, 9-10 (1981), citations omitted.
In this case, the petitioner must show there is something about the soil condition, size,
shape or topography of the property in question that affects this property and not the district so as
to make enforcement of the by -lave a hardship.
The mere fact that lots have insufficient frontage is not sufficient to satisfy that statutory
requirement. Warren, supra. at 11. In Warren, the fact that frontage of one lot was insufficient
as a result of the earlier conveyance of an adjoining lot by a prior owner of both parcels was held
insufficient grounds for granting of a variance to a subsequent owner.
URBELIS & FIELDSTEEL, LLP
William Sullivan, Chair
July 3, 2003
Page 3
The Board should consider the evidence presented at the hearing. In my opinion, if the
Board determines that all the statutory conditions for a variance are met, the Board may, if it
decides to do so, vote to grant the variance notwithstanding a previous denial of such variance.
Response to Question 3
Mass. Gen. L. ch. 40A, § 10 requires a variance petitioner to demonstrate that "a literal
enforcement of the provisions of the ordinance or by-law would involve substantial hardship,
financial br otherwise." The hardship must relate to the premises for which the variance is
sought.
A nexus must exist between "a circumstance" set forth in the statute and the hardship
claimed by the petitioner. In Guiragossian v. Board of Appeals of Watertown, 21 Mass. App. Ct.
111 (1985) the court reviewed a petition for a use variance for a lot of allegedly unique shape. In
rejecting this claim, the court termed the relationship between the statutory circumstances and
hardship to be "symbiotic."
"[T]he hardship alleged must arise from the shape of the locus or
one of the other factors specifically referred to in § 10. Ate,
applicant for a variance must show that the land's shape, alone or
in combination with other features of the land, prohibits
development consistent with the ordinance. When the applicant
makes such a showing, hardship can be found to exist."
Personal hardship is not a proper factor for consideration. Nor is personal financial
hardship because of lost profits, prior expenditures or resale value. Where the hardship alleged
by a petitioner has been self-created", the courts have been consistently hostile to relief through
the variance procedure. See Bobrowski, Massachusetts Land Use and Planning Law. § 8.03(B).
URBELIS & FIELDSTEEL, LLP
William Sullivan, Chair
July 3, 2003
Page 4
See also Karet v. Zoning Board of Appeals of Worcester, 27 Mass. App. Ct. 439, 440 (1989) ("It
is ... clear that a lot cannot qualify for a variance if the circumstance creating the hardship is
itself the result of a transfer that violates in some respects applicable zoning requirements for
buildable lots.")
I trust the foregoing answers your inquiry. Please call if you have any questions, or if
there is anything else you need.
Very truly yours,
Thomas J. IJYbelis
TJU/lah
cc: Board of Selectmen
Heidi Griffin
D. Robert Nicetta
Mark Rees
RECEIVED
I JUL 0 7 2003
BUILDING DEPT.
July 8, 2003
Zoning Board of Appeals
Town of North Andover
North Andover, MA 01845
Dear Chairman Sullivan and Members of the Board,
We the undersigned, residents of the neighborhood surrounding Lot A and
Lot C Forest Street, support the applicant's various petitions to the North
Andover Zoning Board of Appeals for approval to construct a single-family home
on each lot. We believe these single-family proposals are entirely consistent with
the existing neighborhood and will cause no harm to us, the neighborhood or the
Town.
.JUL 8 w '1003 v
BOARD OF APPEALS
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JUL-07-2003 MON 03:30 PM MARKJOHNSON FAX NO. 9784756703
LAW OFFICE OF
MARK B. JOHNSON
12 Cllcstnut Strcct
Andover, Massachusetts 01810-3700
(978)475.4488
Tciccupia: (979) 415-6703
MARK 11, JOHNSON (MA, NII, IX')
LINDA A- O*CQNNt'I I. (AIA, Nil, RI)
DONALD i--, nOkI'.Ni'rEIN (MA. ME)
hil(71AULU.I'IIkLON(i (MA)
tinnuNn E. Mcc'ARTI IY, J.D.
Date, July -7,-20Q!
rACS1MII..i: TRANSMISSION COVER SHEET
`Co: Mitch North ftloyer Zonin Board
P. 01/03
I��r,.11y�u1S
KATI IKYN M. MORIN
LIANNE CRIS'1 ALDI
JOAN It. DUFF
MIC110 h C. JUNIKAS
Re: 11.orest CTlctt„ ..�
Receiving Facsimile Number: 978.6889542
From: KarenL Russell, Le al Asl;istarlt �., �/RLR
Seiuling tlacsimile Number: X978) 4-- Q3
Number of Pages being iransmitted
(inelu(iing this cover sheet): _ _ 3.
Message: cc e L -
7his telecopy is Ntorney-client privileged and contains confidential information intewded
only for the person(s) nanrecl above. Any other distribution, copying or clisclovure is
strictly prohih. itcd lj you have received this ielecopy in error, please notify us
intille liately by telephone, and return the original transmission to us by mail without
!f problems in transmission are enconntnred, please contact sender at (978) 475-4488.
ECEOV E
Vl JUL 8 - 2003 O
BOARD OF APPEALS
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
FAX TRANSMISSION
TO: !4
FAX NUMBER: ( 71 - �- 76- 7& —3
FROM: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-9542
PHONE: 978-688-9541
NUMBER OF PAGES:
DATE: �3
SUBJECT: Z -q
REMARKS:
Affb
e-V6ic�
N
Board of Appeals 688-9547 Building 688-9.545 Conservation 688-9530 Health 688-9540 Planning 688-9535
HP Fax K1220xi
Last Transaction
Date Time Twe Identification
Log for
NORTH ANDOVER
9786889542
Jul 07 2003 10:12am
Duration Pages Result
Jul 7 10:10am Fax Sent 89784756703 1:28 4 OK
JUL-02-2003 WED 08:57 AM ATTY MARK B JOHNSON FAX NO. 9784756703
LAW OFFICE OF
12 Chestnut Street
adever, Massachosetits 01810-3706
(978)475.4488
Ry
C t ..._ Telecopier (978) 475-6703
—F� 0 y , x,15
h
(,l Date: July 2. 2003
r7g- y7�_
44 MILE TRANSMISSION COVER SI4EET
To: Mitch
North Andover ZBA
Re: July 814 Meeting
Receiving Facsimile Number: (978) 688-9542
From: Joan H. Duff Paralegal QHD
Sending Facsimile Number: (978) 475-6703
Number of Pages being transmitted
(including this cover sheet): 1
Message:
P. 01
Nimleftala
KATHRYN M. MORIN
LIANNE CRiSTALDI
JUAN H. DUFF,
MICHELE C. JONIKAS
ZBA and the Planning Board meetings, scheduled for the same
evening. He is meeting with the Planning Board at 7:00 p.m.until
Wrox� imatelY $•00 p.m. Can you tell me what the process is to set
his time on the ZBA agenda so it does not conflict with his
This telecopy is attorney-client privileged and contains confidential information untended only for the person ft) named
above. Any other distribution, copying or dltelosure is strictly prohibited lfyou have received this telecopy in error.
Pleasenotify us immediately by telephone, and return the original transin4vion to us by mail without making a copy.
If problems in transmission are encountered, please contact sender at (976) 475-4488.
JUL 2 - 2003
BOARD OF APPEALS
JUN -18-2003 WED 01:00 PM ATTY MARK B JOHNSON FAX NO, 9784756703 P. 01
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810.3706
(978) 475.4488
Telecopicr: (978) 475-6703
SHAUNA E, MCCART11Y, J.D.
Date: June 18, 2003
FACSRvHLE TRANSMISSION COVER SHEET
To: Mitch
Re: Forest Glen Dev. Special Permit and Finding
Receiving Facsimile Number: (978) 688-9542
From: Joan H. Duff, Paralegal /JHD
Sending Facsimile Number: (978) 475-6703
Number of Pages being transmitted
(including this cover sheet): 3
Message: Hello, Mitch: Attorney Borenstein asked that I send you the
attached marked up copies of the legal notice for the above
referenced property. We are completing the Special Permit forms
and Finding, which I will bring over shortly. Thank yqu for ygu
This telecopy is attorney-client privileged and contains confidential information intended
only for the person(s) named above. Any other distribution, copying or disclosure is
strictly prohibited. Y you have received this telecopy in error, please note us
immediately by telephone, and return the original transmission to us by mail without
a
It problems in transmission are encountered, plcase contact sender at (978) 4754488.
JUN 1 8 2003
BOARD OF APPEALS
Paralegals
MARK B- JOHNSON (MA, NH, DC)
KATHRYN M. MORIN
LINDA A. O'CONNELL (MA, NH, RJ)
LIANNE CRISTALDI
DONALD F. BORENSTEIN (MA, ME)
JUAN H. DUFF
MICHAEL G. FURLONG (MA)
MICHELE C, JONIKAS
SHAUNA E, MCCART11Y, J.D.
Date: June 18, 2003
FACSRvHLE TRANSMISSION COVER SHEET
To: Mitch
Re: Forest Glen Dev. Special Permit and Finding
Receiving Facsimile Number: (978) 688-9542
From: Joan H. Duff, Paralegal /JHD
Sending Facsimile Number: (978) 475-6703
Number of Pages being transmitted
(including this cover sheet): 3
Message: Hello, Mitch: Attorney Borenstein asked that I send you the
attached marked up copies of the legal notice for the above
referenced property. We are completing the Special Permit forms
and Finding, which I will bring over shortly. Thank yqu for ygu
This telecopy is attorney-client privileged and contains confidential information intended
only for the person(s) named above. Any other distribution, copying or disclosure is
strictly prohibited. Y you have received this telecopy in error, please note us
immediately by telephone, and return the original transmission to us by mail without
a
It problems in transmission are encountered, plcase contact sender at (978) 4754488.
JUN 1 8 2003
BOARD OF APPEALS
JUN -18-2003 WED 01:00 PM ATTY MARK B JOHNSON
Jun 18 t)3 11:37a NORTH RHI?OVER
FAX NO, 9784756703
9786889542
R 03
P. in
Legal Notice a $ ..yt�t
North Andover, Board of Appends �
o- �` t, �� a' K J
44
Notice is hereby given that the Board of Appeals will hold a public heating the Senior Catter,12OR 1
Main Street, Nott Andover, MA on TUesday the a of July, 2003 at 7:30 to all parties interested in the
appeal of Forest Gko Development, Inc. 130 Middlesex Street, Noah dover, for premises at: Lot C.
Forest Street, North Andover (Map l05D Parcel 71) requesting a V anee from Section 7. Paragraphs
7.1, 7.2, and Table 2 for relief of mbti�num lot area end street fronts to order to construct anew single
family dwelling on a }>f' , nonconforming W.
'Me said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning
district.
Plans are available for review at the office of the Building Department 27 Charles Street, North Andover,
MA, Monday through Thursday from the hours of 4:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on Junt 23.E 30, 2003.
Legalnotice 2003-022
E C � � Y 10
JUN 1 8 2003
BOARD OF APPEALS
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R
Main Street, North Andover, MA on Tuesday the 8`h of July, 2003 at 7:30 PM to all parties interested in the
appeal of Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot C,
Forest Street, North Andover (Map 1051), Parcel 71) requesting a Variance from Section 7, Paragraphs
7.1, 7.2, and Table 2 for relief of minimum lot area and street frontage in order to construct a new single
family dwelling on a pre-existing, non -conforming lot.
The said premise affected is property with frontage on the West side of Forest Street within the R 1 zoning
district.
Plans are available for review at the office of the Building Department 27 Charles Street, North Andover,
MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on June 23 & 30, 2003.
Legalnotice 2003-022
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
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 Zoning Hoard of on 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. Items that
are underlined will be completed by the Town.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receives
a Permit 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 item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
e6"-" W139Department
7
JUIN 12 2003
80A;7 -,D OF APPEALS
VARIANCE
_ 1r
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/PARTY IN INTEREST FEE:
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
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
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 Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
0
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PaW 2 UT 4
Application for a VARIANCE
Zoning Board of Appeals
1. Petitioner: Name, address and telephone number:
Forest Glen Development, Inc
130 Middlesex St. North Andover MA 01845 (978)794-9191
`The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Estate of Anna M. Gilbert, c/o Law office of Debra R. Silberstein
68 Main St., Anc dover MA 01810 (978) 474-4700
Years Owned Land: 49 Years, to Mos (8/13/1953)
3. Location of Property:
a. Street: Lot C Forest St. Zoning District R-1
b. Assessors: Map number oSn Lot Number: 71
c. Registry of Deeds: Book Number 779 Page Number:303
4. Zoning Sections under which the petition for the Variance is made.
Section 7, Paragraph 7.1 and 7.2
*Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
To construct ..;new single family home on a lot which does not meet the current
.minimum area or frontage requirements.
*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 of this application. Failure by the applicant to clearly describe the request 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.
6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current
Zoning By -Law Requirements. (A and B are in the case of a lot split)
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. 45,170 N/A N/A % 150 N/A N/A N/A N/A N/A
B.
Page 3 of 4
6. b. Existing Lot:
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
Application for a VARIANCE "a C
Frontage Parking
Feet Spaces
Zoning Board Qf Appeah tq,c 4 11
Minimum Lot set Back
Front Side A Side B Rear
45,170 N/A N/A % 150 N/A _LLA N/A N A
NIA
c. Proposed Lot (S):
Lot Area
Open Space
Percent Lot
Frontage
Parking
Sq. Ft.
Sq. Ft.
Coverage
Feet
Spaces Front
45,170
N/A
NIA %
150
__Lmin) 54
d. Required Lot: (As required by Zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces
87.120 N/A N/A % —LZ5— _j_
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
N/A N/A N/A N/A
*
Front
Minimum Lot set Back *
Side A Side B Rear
49_ _U_ LQ Q—+
Minimum Lot set Back
Side A Side B Rear
3Q —
0
*Reference Uses from the Zoning By -Law. State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
2,040 (max) 2 1/2 4,080 (ma4 Residential
N/A N/A N/A N/A
N/A N/A N/A N/A
*Reference Uses from the Zoning By -Law. State number of units in building.
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 omply with application requirements, as cited herein and in the Zoning Board Rules and
Regulations may � pit in a dismissal by the Zoning Boa4of this appNation as incomplete.
Type abdYe name�(s) here Jacques Marchand, President of Forest Glen Development. Inn
* Owners Authorization Attached
Town Of Noy h Andover
Building Department
27 CHARLES ST
978-688-9545
FI'M % V .. - ---
Project:
Lots A & C Forest
New Home Construction Documents
APPLICANT: Gerard Welch, ��SS�cNusEjy
1361 Main St., Reading, MA 01667
RE: _ Building Permit applications for lots A � C Fore�f �t< N®rth Andover
DATE. August 13, 1999
Title of Plans and Documents:
Please be advised that after review of your Building Permit Application and Plans that your
Application is DENIED for the following reasons:
Zoning
Use not allowed in District
Violation of Height Limitations
Violation of Setback Front
Insufficient Parkin
Insufficient Open Stiace
Not in conformance with Phased Development
Sign exceeds requirements
Side Rear x Insufficient Lot Area —
Violation of Building Coverage
5iq n requires permits prior to Building Permit
Not in conformance with Growth By -Law
'neay for the above is checked below.
Dimensional Variance
Special Permit for Site Plan Review
Complete Form U sign -offs
Information Indicating Non -conforming status
Other
use requires permits prior to Building Permit
Form U not complete by other departments
Other insufficient frontage
pe
Otht
cial H6rmit for Watershed Review
clal Permit for sign
y of Recorded Variance
iance
y of Recorded Special Permit
�r
Plan RevieW The plans and documentation submitted have the following inadequacies
1. Information Is not provided, 2. Requires additional information,
3. Information requires more clarification 4 Information is incorrect 5 All of the above
Subsurface investigation
Construction Plans
Mechanical Plans and or details
Electrical Plans and or details
Fire Sprinkler and Alarm Plan
Footing Plan
Utilities
Water Supply
Waste Disposal
ADA and or ABBA requirements
Plumbing Plans
Certified Plot Plan with proposed structure
116 Affidavit
Plans Stamped by proper discipline
Framing Plan
Roofing
Plans to scale
Site Plan
Sewage Disposal
Other
Administration
The documentation submitted has the following inadequacies
1. Information Is not provided. 2. Requires additional information.
3. Information requires more clarification. 4. Information is incorrect. 5. All of the above.
Water Fee State Builders License
Sewer Fee Workman's Compensation
Building Permit Fee Homeowners Improvement Registration
Buildin Permit Application Homeowners Exemption Form
Other Other
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 a new building
permit applica ' n fort and
begin the permitting process.
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:
ADDENDUM TO
APPLICATION FOR VARIANCE
Petitioner: Forest Glen Development, Inc.
Property: Lot C, Forest Street, North Andover
Map/Lot: 105D/71
The Petitioner submits the following information as an Addendum to its
Application for Variance.
1. Proposed Use/Construction:
The Applicant seeks a variance from the current minimum lot area and lot frontage
dimensional requirements in the R-1 Zoning District, in order to allow for the
construction of one, single-family home on the Property, to comply with current
dimensional limitations for set back distances and height. The maximum "foot -print"
of the home proposed by the Applicant is 30' x 60'. The maximum height of the
home proposed by the Applicant is 35 feet.
2. Circumstances relating to conditions affecting the Property for which the
variance is sought which do not affect generally the zoning district in
which the Property is located.
The Applicant seeks to make reasonable use of the Property by constructing a single-
family home on it, consistent with the other residential lots and existing homes in the
neighborhood. Currently the Property is undeveloped. The Property was first shown on
a plan of land prepared in 1972. In 1990, the Zoning Board issued a variance allowing
for the development of the Property, finding that the Property met the tests necessary for
the issuance of a variance. Due to a lawsuit concerning the Property, that variance could
not be acted on with one year of its issuance. Nearly all of the surrounding properties
have been developed with single-family homes on similarly sized lots
3. Facts which establish that a substantial hardship, financial or otherwise,
will result from the literal enforcement of the applicable zoning
restrictions.
The Property is un -buildable and can not be profitably developed for any use under a
literal enforcement of the current zoning restrictions. The Applicant and the Property
Owner would be deprived of all value in the Property and suffer substantial financial
hardship, without the grant of a Variance or other extraordinary relief from the Board.
F:\New-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\variance\Addendum Lot C.doc
4. Facts supporting a finding that the relief sought will be desirable without
substantial detriment to the public good
The single-family development proposed by the Applicant would be entirely consistent
with the neighborhood in which the Property is located and would result in no harm to the
public or abutters to the Property. Many of the surrounding properties are of similar size
and are improved with equivalent homes. In fact, it is expected that all or nearly all of
the abutters to the Property will express support for this Application and prefer that the
Property be developed for single-family use as proposed in this Application.
5. Facts supporting a finding that the relief sought may be given without
nullifying or substantially derogating from the intent and purpose of the
zoning bylaw.
The purposes stated in the Town's Zoning Bylaw include "the promotion of the health,
safety, convenience, morals and welfare of the inhabitants of the Town of North
Andover" and "encouraging the most appropriate use of land", among others. The
Applicant's proposal (being a single dwelling unit situated on over an acre of land, nearly
identical to the surrounding development) is consistent with the purposes expressed in the
bylaw. There is no basis, either under principles of sound planning or public health or
safety considerations, that would support the denial of the Applicant's proposal. But for
the stated requirements of the bylaw's dimensional table, the proposed development is
entirely consistent with the intent of the Bylaw and the neighborhood in which the
Property is located.
LETTER OF AUTHORIZATION
TO FILE AND PROSECUTE APPLICATIONS AND REQUESTS
FOR PERMITS AND APPROVALS
RE: Lot C Forest Street, North Andover, MA, as shown on Assessors' Map 105D, Lot 71
Now comes the undersigned, on behalf of the Estate of Anna Gilbert, late owner
of the above -referenced property, and hereby authorizes Gerard E. Welch and/or Forest
Glen Development, Inc. (and their attorneys and engineers) to file, request, and pursue
permits and approvals for construction and development on or about said property,
including, without limitation, variance applications filed with the North Andover Zoning
Board.
Lot C, North Andover, MA
Linda Emro for E tate of Anna M. Gilbert
Dated:, f:-
Town of North Andover, Zoning Board of Appeals
Parties of Interest / Abutters Listing
REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this
chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to abutters within three hundred (300) feet of the
property line of the petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city or town, the
planning board of the city or town, and the planning board of every abutting city or
town."
Applicant's property, list by map, parcel, name and address (please print clearly
and use black ink.)
MAP PARCEL NAME ADDRESS
6 D T
ABUTTERS PROPERTIES
MAP PARCEL
IoS P
37
14)5
3?
165
'15,
IJ D
t//
165- b
35'
4)x'5 P
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lv5 �
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fD i l� i `7 3
NAME
i�� �L-NdU
G-1 ✓1 GII� i � l_a r
L -0r �(p
�
ADDRESS
2,13 14r(�s
181//,Cl5`/y1� _';� `��� ; U�r`-(.�� . 00-t"?
'M /rtS?Z Sfre��
75-2-�-
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71/3
'7a I le)-iP 3 t "Vr e n_-�
6t/rz��fr�ef
jay ��P �� •.S71,�'��•
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY:
DATE
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PAGE 4OF4
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 of the North Andover Zoning By -Law all dimensional requirements
shall be clearly identified and factually supported and addressing
each of the following points individually is required with this
application.
I
C
17
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 generally the 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
may be given without nullifying or substantially
derogating from the intent or purpose of the zoning
bylaw.
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.
10 A. Major Projects
Major projects are those which involve one of the following
whether existing or proposed: a) five or more parking
spaces, b) three or more dwelling units, and
c) 2000 square feet or more of building area.
Minor projects that are less than the above limits shall
require only the plan information as indicated with an
asterisks (`'). In some cases further information may be
required
10 B. Plan Specifications:
a) Size of plan: Ten (10 ) copies of a plan not to exceed
111"x17, preferred scale of 1"=40'.
b) Plan prepared by a Registered Professional Engineer
and/or Land Surveyor, with a block for five (5) ZBA
signatures and date indicated on mylar.
VARIANCE
10 C. FEATURES TO BE INDICATED ON PLAN:
A. Site Orientation shall include:
1. North point
2. zoning district (s)
3. names of streets
4. wetlands to be shown on plan (if applicable)
5. abutters of property, within 300 foot radius
6. location of buildings on adjacent properties within
50' from applicants proposed structure
7. deed restrictions, easements
B. Legend & Graphic Aids:
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/phone numbers of the
applicant, owner of record, and designer or
surveyor.
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information. A set of building elevation and
interior of building plans shall be required when the
application involves new construction/conversion/ and/or
a proposed change in use. Elevation plans for minor
projects including decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which includes a ground level elevation.
11. APPLICATION FILING FEES
A. Notification Fees: Applicant is to send by
certified _mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
Applicant is to supply stamps (appropriate
current postage) for mailing of decisions to all
parties in interest as identified in MGLA ch. 40A,
sec. 11 as listed on the application. ZBA Secretary
will compute number of stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretary who will mail
decisions to abutters and parties in interest.
C. Administrative fee of $50.00 per application.
A Variance once granted by the ZBA will lapse in
one (1) year if not exercised and a new petition must
be submitted.
TOWN OF NORTH ANDOVER SPECIAL PERMIT
ZONING BOARD OF APPEALS
��q/
1
and REQUIREMENTS
for FILING an APPLICATION for
a SPECIAL PERMIT"
Ten (10) copies of the following information must
be submitted thirty (30) days not later than noon
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,Iterns that
are underlined will be completed by the Town.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a Permit Denial form completed by the
Building Commissioner.
STEP 2: SPECIAL PERMIT APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Special Permit. 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 item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
.Once the petitioner submits all of the required
information, the petitioner requests from the Assessors.
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
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/PARTY IN INTEREST FEE:
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 orattomey. In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
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 Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS.
The petitioner is responsible for recording certification of
the decision'and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
JUN 1 9 2003
BOARD OF APPEALS
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PAGE 2 OF 4 Date & Time
Stamp
Application for a SPECIAL PERMIT
�'L'� 7�t •Y' 3 j §f, ns+'�' � �i� ��1r � § � `�.s' � f� b^"� z �{ "s x"`` ^� �w t'a�' �l t s+F ���.,,� y � � ;�� .�
North ANDOVER ZONING BOARD OF APPEALS
1. Petitioner: Name, address and telephone number
Forest Glen Development, Inc.
130 Middlesex St-., North Andover, MA 01845 (978) 794-9191
`The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
s
Estate of Anna M.- Gilbert, c/o Law Office of Debra R. Silberstein
68 Main St., Andover, MA 01810 (978) 474-4700
Years Owned Land.- .49 Years 10 Mos. (8/13/1953)
Location of Property:
a. Street: Lot C Forest St. Zoning District R-1
b. Assessors: Map number 105D Lot Number: 71
c. Registry of Deeds: Book.Number 779 Page Number: 303
By -Law Sections under which the petition for:the Special Permit is made.
Section 9 of the North Andover Zoning By-laws
efer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner.
Describe the Special Permit request:
Applicant requests a special permit under Section 9 of the North Andover Zoning By-law to
allow for the construction of a single family dwelling in an existing, non -conforming lot,
which does not comply with current frontage or area requirements
e above description shall be used for the purpose of the legal notice and decision. A more detailed description is
aired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.
I
Page 3 of 4
6.a (Existing Lot:
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
45,170 N/A N/A %
b. Proposed Lot (S):
Lot Area Open Space Percent Lot
Sq. Ft: Sq. Ft. Coverage
45,170 N/A N/A %
C_
Application fora SPECIAL PERMIT?,,4I
w
.:.._�.,�..�. � .,,,:�a
N®RTF& AN®O/ER ZOMIIVG®AR® ®'F �1PPLS
Frontage Parking
Feet Spaces Front
150 N/A N/A
Frontage Parking.
Feet Spaces Front
150 2 (min.) 54
c. Required Lot: (As required by Zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq_ Ft_ Coverage Feet Spaces
87,120 N/A N/A % 175 2
E1
Front
Minimum Lot set Back'
Side A Side B Rear
N/A N/A N/A
Minimum Lot set Back "
Side A Side B Rear
49 35 100+
Minimum Lot set Back'
Side A Side B Rear
30 30 30 30
7. a. Existing Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building` of Units
N/A N/A N/A N/A. -;
1
''Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building.
B. Proposed Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building , of Units
2,040 (Max.) 2-1/2 .4,080 (max.) Residential 1
N/A N/A NIA N/A N/A
'Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of
Appeals. Every application shall ,be 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
r 2spo Isible for all expenses for filing and legal notification. F=ailure to comply with application requirements, as cited
herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application
as incomplete. �^ /
Type above name (s) here President, Forest Glen Development, Inc.
ToWn Of North Andover
Building Department RTti Project:
27 CHARLES ST
o Lots A & C Forest St
978-688-9545 ~ ` New Home Constntetion Documents
APPLICANT: Gerard Wel1ch, �,�ssocHrisk`�y
1361 Main St., Reading, MA 01867
RE: -Building Permit applica, firms for lots A, & C Forest St. Ndrth Andover
DATE: August 13, 1999 -
Title of Plans and Documents:
Please be advised that after review of your Building Permit Application and Plans that your
Application is DENIED for the following reasons:
Zoning
Use not allowed in District
Violation of Height Limitations
violation of Setback Front Side Rear
_ Insufficient Parkin
Insufficient O en S ace
Sign requires permits prior to Building permit
Not in conforma—
nce with Growth Rv-1
Remedy for the above is checked below.
x Dimensional Variance
Special Permit for Site Plan Review
Complete Form U sign -offs
Information Indicatin Non-conforrminq status
Other
Not in conformance with Phased Development
Sign exceeds requirements
Insufficient Lot Area
Violation of Building Coverage
Use requires permits prior to Building Permit
Form U not complete by other departments
Other insufficient frontaaa
Special Permit for Watershed Review
Special Permit for sign
Copy of Recorded Variance
Copy of Recorded Special Permit
Other
Plan Review The plans and documentation submitted have the following inadequacies
1. Information Is not provided, 2. Requires additional information,
3. Information requires more clarification 4 Information is incorrect 5 All of the above.
1 # 1
Subsurface investigation
Construction Plans
Mechanical Plans and or details
Electrical Plans and or details
Fire Sprinkler and Alarm Plan
Footlnq Plan
Utilities
Water Supply
Waste Disposal
ADA and or ABBA requirements
Plumbing Plans
Certified Plot Plan with
116 Affidavit
Plans Stam ed by ro
--t-raming Plan
Roofing
Plans to scale
Site Plan
Other
Administration
The docurnentation submitted has the following. inadequacies
1. Information is not provided. 2. Requires additional information.
I I
3. Information requires more clarification 4 Information is incorrect. 5. All of the above
Water Feb
ed structure
discipline
Sewer Fee State Builders License
Buildin Permit Fee Workman's Com ensaticn
Building
Homeowners improvement Re
Permit A c
liation Homeowners Exemption Form
Other
Other
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 a new building
perm�itapplicaf n fon p and begin the permitting process.
3Y
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:
ADDENDUM TO
APPLICATION FOR SPECIAL PERMIT
Petitioner: Forest Glen Development, Inc.
Property: Lot C, Forest Street, North Andover
Map/Lot: 105D/71
The Petitioner submits the following information as an Addendum to its
Application for Variance.
1. Proposed Use/Construction:
The Applicant seeks a variance from the current minimum lot area and lot
frontage dimensional requirements in the R-1 Zoning District, in order to allow
for the construction of one, single-family home on the Property, to comply with
current dimensional limitations for set back distances and height. The maximum
"foot -print" of the home proposed by the Applicant is 32' x 68'. The maximum
height of the home proposed by the Applicant is 35 feet.
2. The specific site is an appropriate location for the Applicant's proposal.
The single family construction proposed by the Applicant is entirely consistent
with the existing development in the area, is of the same size, nature and type, and
is supported by a majority of the abutters to the proposed location.
3. No nuisance .or serious hazard to vehicles or pedestrians will be created by
the proposal.
The Applicant's proposal is limited in size, scale and scope so as to be consistent
with existing residential development in the area and will not pose any nuisance
or hazard. The proposed location is situated on a public way and will adequately
served the proposal single family residence.
4. Adequate and appropriate facilities will be provided for the proper operation
of the proposed use.
As indicated on the plans submitted in connection with the Applicant's proposal,
adequate, appropriate and typical facilities for single family residential use will be
provided, including adequate parking and driveway access. In addition,
appropriate septic facilities will be provided to the satisfaction of the Town's
Board of Health.
CAwindows\TEMP\addendum lot c -special permit.doc �'
5. Uses and harmony for the purpose and intent of the Zoning Bylaw.
The purposes stated in the Town's Zoning Bylaw include "the promotion of the
health, safety, convenience, morals and welfare of the inhabitants of the Town of
North Andover" and "encouraging the most appropriate use of land", among
others. The Applicant's proposal (being a single dwelling unit situated on over an
acre of land, nearly identical to the surrounding development) is consistent with
the purposes expressed in the bylaw. There is no basis, either under principles of
sound planning or public health or safety considerations, that would support the
denial of the Applicant's proposal. But for the stated requirements of the bylaw's
dimensional table, the proposed development is entirely consistent with the intent
of the Bylaw and the neighborhood in which the Property is located.
6. Criteria for non -conforming single family residential structure special
permit.
Although proposed as new construction, the relief sought by the Applicant is most
equivalent to that provided at Section 9.3 of the Town's Zoning Bylaw. Under
that Section, the following should be noted:
A. The Applicant's proposal will comply with all current yard
setbacks, building coverage, and building height requirements for
the zoning district in which it is located.
B. The Applicant's proposal will not be substantially more
detrimental to the neighborhood than the property as it currently
exists.
The single-family development proposed by the Applicant would
be entirely consistent with the neighborhood in which the Property
is located and would result in no harm to the public or abutters to
the Property. Many of the surrounding properties are of similar
size and are improved with equivalent homes. In fact, it is
expected that all or nearly all of the abutters to the Property will
express support for this Application and prefer that the Property be
developed for single-family use as proposed in this Application.
C. Single family use, as proposed by the Applicant, is a use allowed
as of right in the zoning district in which the property is located.
ala
Town of North Andover, Zoning Board of Appeals
Parties of Interest / Abutters Listing
,,'.
REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this
chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to abutters within three hundred (300) feet of the
property line of the petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city or town, the
planning board of the city or town, and the planning board of every abutting city or
town."
Applicant's property, list by map, parcel, name and address (please print clearly
and use black ink.)
MAP PARCEL OWAME ADDRESS 31
� GI � `7 U �d7�c� r��to ���
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ABUTTERS PROPERTIES 'PRO V f ey� ` 11"4 -
MAP PARCEL
NAME
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old �l ✓
ADDRESS
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS''
AND
CERTIFIED BY THE ASSESSORS OFFICE BY:
DATE
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PAGE 4 OE 4 Application fora P C IAL. PERMIT
9. WRITTEN DOCUMENTATION
,application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in
detail all facts relied upon. This is required in the case
of a Special Permit when the following points, based on
MGLA ch. 40A, sec. 9 of the North Andover Zoning. By -Law
and P 9.2 Special Permit Granting Authority shall be clearly
identified and factually supported: Addressing each of the
below points individually is required with this
application.
1, The particular use proposed for the land or structure.
2. The specific site is an appropriate location for such
use, structure or condition.
3. There will be no nuisance or serious hazard to
vehicles or pedestrians.
t. Adequate and appropriate facilities will be provided for
the proper operation of the proposed use.
>. The use is in harmony with the purpose and intent of
the zoning by-law.
Specific reference and response to the criteria
required by the particular special permit for which this
application is made (i.e. Earth Removal Special
Permit respond to criteria and submittal
requirements).
). Plan of Land
3ch application to the Zoning Board of Appeals shall be
:companied by the following described plan. Plans must
submitted with this application to the Town Clerk's
fce and ZBA secretary at least thirty (30) days prior to
public hearing before the Zoning Soard of Appeals_
A. Major Projects
jor projects are those which involve one of the following
ather existing or proposed: a) five or more parking
ices, b) three or more dwelling units, and
?000 square feet of building area.
oor projects that are less than the above limits shall
uire only the plan information as indicated with
frisks (1 In some cases further information may be
fired_
3. Plan Specifications:
Size of plan. Ten (10 ) copies of a plan not to exceed
11 "x17", preferred scale of 1"=40'
Plan prepared by a Registered Professional Engineer
and or Land surveyor, with a block for -five (5) ZBA
signatures and date on mylar.
10.C. FEATURES TO BE. INDICATED ON PLAN:
A. Site Orientation shall include:
.'1. North point
2. zoning district (s)
3. names of streets
4_ wetlands to be shown on plan (if applicable)
5. abutters of property, within.300 foot radius
6. location of buildings on adjacent properties within
50' from applicants proposed structure
deed restrictions, easements
Legend & Graphic Aids:
Proposed features in solid lines & outlined in red
Existing features to be removed in'dashed lines
Graphic Scales
Date of Plan
Title of Plan
Names addresses and phone numbers of the
applicant, owner of record, and designer or
surveyor.
7.
B.
1.
2.
3.
4.
5.
6.
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show deta iled. utilities, soils, and
topographic information. A set of building elevation and
interior- of building plans will be required when the
application involves new construction/conversion and/or a
proposed change in use. Elevation plans for minor
projects including decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which include a ground level elevation
11. APPLICATION FILING FEES
A. Notification Fees: Applicant is to send by certified
mail all legal notices.to all abutters, and then
supply proof of mailing to ZBA secretary. Applicant Is
to supply stamps (appropriate current postage) for
mailing. of decisions to all parties of interest as
identified in .MGLA ch_ 40A in c,- 11 As listed on the
application. ZBA Secretary will compute number of
stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretary who will mail
decisions to abutters and parties in interest.
C_ Administrative fee of $50.00 per application.
+ A Special Permit once granted by the ZBA will lapse
in two (2) years if not exercised and a new petition
must be submitted.
TOWN OF NORTH ANDOVER FINDING
ZONING BOARD OF APPEALS
it
3
' SACK.st •J
Procedure & Requirements
For an Application for a Finding
Ten (10) copies of the following information must
STEP 6: SCHEDULING OF HEARING AND
be submitted thirty (30) days prior to the first public; ';'
y; PREPARATION OF LEGAL NOTICE:
hearing. Failure to submit the required information
The Office of the Zoning Board of Appeals schedules
within the time periods prescribed may result in a
the applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
dismissal by the Zoning Board of an application as
for publication in the newspaper. The petitioner is
incom fete.
notified that the legal notice has been prepared and the
The information herein is an abstract of more specific
c�'
cost of the Party in Interest fee.
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. Items that
STEP 7: DELIVERY OF LEGAL NOTICE TO
are underlined will be completed by the Town.
NEWSPAPERIPARTY IN INTEREST FEE:
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receives
a Permit Denial form completed by the Building
Commissioner.
STEP 2: FINDING APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a FINDING. 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 item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original'of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office_ of the Zoning Board of
Appeals secretary.
STEP 5:' LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE. NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office .
978-688-9545 Building Department
1111 D
SUN 1 9 2003
BOARD OF APPEALS
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
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
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 Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk. .
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
CD
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.Jun 10 uo 11 11'Ya 11UN I h HNIJUVEK
9786889542 p-2
age 2 of 4 Date & Time Stamp
Application for a F1ND1.NG .
NORTH ANDOVER BOARD OF APPEALS
Petitioner: Name, address and telephone number:
Forest Glen Develo went Inc.
iqn Mi,:iA1PRPX St.. North Andover, MA 01845
petitioner shall be entered on the legal notice and the
as entered above,
978) 794-9191
?. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Estate of Anna Gilbert, c/o Law Office of Debra R. Silberstein
• 11
Years Owned Land: 49 Years 10 Mos. 8/13/1953
3. Location of Property: R-1
a. Street: Lot C Forest St. Zoning District
b. Assessors: Map number Lot Number: 71_105D 303.
c. Registry of Deeds: Book Number 779 Page Number:
4. Zoning Sections under which the petition for the Finding is made.
Section 9 of the North Andover Zoning By-laws.
'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
5. Describe the Finding request:
That the )rope is not ub' c' or
frontage and that -it is in compliance with applicable requirements for area and frontage
or, alternatively, that a variance previously issued by the Board for single family development
remains in full force and effe
*The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
itsas of on ppt Failure applicant
describe therequest may
In
Zoning
Board
Rulst by he applicant and not nvolve
a es not address h applicant. The dceion w be limited to the
additional items not Included above.
6a, Difference from Zoning By -LAW requirements: indicate the dimensions that will not meet current
Zoning By -Law Requirements. (A and B are in the case of a lot split) Minimum Lal set Back'
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet SpaceN/A FronN/A Side A -Slde 13 Rear N�
A. [87.1 0 N A N]A
B. %
.jun is ud i i : e,4a NUK I H HIMUUVER 9786889542 P.3
,a a of Application for a FINDING poi c Po v( 7/
9
NORTH ANDOVER ZONING BOARD OF APPEALS
6. b. Existing Lot:
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
45,170 N/A N/A
c. Proposed Lot (S):
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
45,170 N/A —RIA-- %
Frontage Parking
* Minimum Lot set Back'
Feet Spaces Front Side A Side B Rear
150 N/A N/A N/A N/A N/A
Frontage Parking
Feet Spaces Front
:154_' ' 2 (min.) 54
d. Required Lot: (As required by Zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces
87,120 N/A N/A % 175 2
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
Minimum Lot set Back
Side A Side B Rear
49 35 100+
Minimum Lot set Back*
Front Side A Side B Rear
30 30 30 30
'Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
2,040L
max.) 2-1/2 080 (max.) Residential
N/A N/A N/A N/A.:
•Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building.
6. Petitioner and Landowner signature (s):
Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with
the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this
application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and
Regulations Aname
dismissal by the Zoning Boar�thisappll ion as incomplete.
Signature
Type abo) here Jacques Marcha d, President of Forest Glen Development, Inc.
V OWn Of North Andover
Building Department 4 ,�ORTN
27 CHARLES ST
F ¢_ °„ Lots .A & C Forest St.
9��613II-9545 _ New Home Constnlction Documents
�o
4 euwiw�.a• � '� -
APPLICANT: Gerard Welch
1361 Main rt., Reading, MA01867 SACN 1ST
RE: _ Building Permit applications lots A & C Forest 5t. North Andover
DATE: August 13, 1999 _
Title of Plans and Documents:
Please be advised that after review of your Building Permit Application and Plans that your
Application is DENIED for the following reasons:
Zoning
Use not allowed in District
Violation of Hei ht Limitations
Violation of Setback Front Side
Insufficient Parking
Insufficient O en S ace
Sign requires permits prior to Buildi
Not in conformance with Growth Rv
Not in conformance with Phased
Si n exceeds requirements
Rear x Insufficient Lot Area
Violation of Buildin Coverage
U
Permit
memeay for the above is checked below.
x Dimensional Variance
S ecial Permit for Site Plan Review
Com lete Form U sig
n -offs
Information indicatinconforrnin status
Other
rnent
se requires permits prior to Building Permit
Form U not complete by other. departments
Other insufficient frontam- -
Special Permit for Watershed Review
Special Permit for sign
Copy of Recorded Variance
Copy of Recorded Special Permit_
Other
Plan RovieW The plans and documentation submitted have the following inadequacies
1. Information Is not provided, 2. Requires additional information,
3. Information re uires more clarification, 4. Information is incorrect. 5. All of the above.
Foundation Plan #
Subsurface investigation. Plumbing Plans k
Construction Plans Certified Plot Plan with proposed structure
Mechanical Plans and or details _-116 Affidavit
Electrical Plans and or details:.Plans Stamped by proper discipline
Fire S rinkler and Alarm Plan Framin Plan
Footin Plan Roofing
Utilities Plans to scale
Water Su I Site Plan
Waste Dis osal Sewa e Disposal
ADA and or ABBA requirements Other
Administration
The documentation submitted has the following. inadequacies
1. Information Is not provided. 2. Requires additional information.
3. Information requires more clarification. 4. Information is incorrect. 5. All of the above.
Water Fee #
Sewer Fee State Builders License
Building Permit Fee Workman's Com ensation
BuildingPermit Application Homeowners Improvement Registration
Other Homeowners Exem tion Form
Other
The above review and attached explanation of such is based on the plans and information submitted. No definitive review an
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 t esonsfor d
changes to the information submitted by the applicant hiall be yro grounds for his reviewbevong ided 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 fele. You must file a new building
permit applicat n f� and begin the permitting process.
Plan Review Narrative
The fallowing narrative is provided to further explain the reasons for denial for the building
permit for the property indicated on the reverse side:
J
ADDENDUM TO
APPLICATION FOR FINDING
Petitioner: Forest Glen Development, Inc.
Property: Lot A & C, Forest Street, North Andover
A. The particular used proposed for the land or structure.
The Applicant seeks a variance from the current minimum lot area and lot
frontage dimensional requirements in the R-1 Zoning District, in order to allow
for the construction of one, single-family home on the Property, to comply with
current dimensional limitations for set back distances and height. The maximum
"foot -print" of the home proposed by the Applicant is 32' x 68'. The maximum
height of the home proposed by the Applicant is 35 feet.
B. Facts relied upon to support a finding that the Applicant's proposal shall not
be more substantially detrimental than the existing non -conforming
property.
The purposes stated in the Town's Zoning Bylaw include "the promotion of the
health, safety, convenience, morals and welfare of the inhabitants of the Town of
North Andover" and "encouraging the most appropriate use of land", among
others. The Applicant's proposal (being a single dwelling unit situated on over an
acre of land, nearly identical to the surrounding development) is consistent with
the purposes expressed in the bylaw. There is no basis, either under principles of
sound planning or public health or safety considerations, that would support the
denial of the Applicant's proposal. But for the stated requirements of the bylaw's
dimensional table, the proposed development is entirely consistent with the intent
of the Bylaw and the neighborhood in which the Property is located.
C. Building Commissioner's denial.
The Building Department denied a building permit application for this property
based on a determination that the property did not have "the required area and
frontage for both Lots A & C Residents 1 District required 2 acres and 175 feet of
frontage". The Applicant acknowledges that the lot at issue in this application
does not meet current frontage and area requirements as presently stated in the
dimensional table to the current Zoning Bylaw. The Applicant requests that the
Board make a finding that the lot need not comply with current dimensional
requirements either, because it is a pre-existing non -conforming lot subject to
lesser dimensional requirements of 150 feet of frontage and 1 acre of area or, a
finding that a building permit should issue based on a variance previously issues
by the Board for single family development on the lot.
0]
Town of North Andover. Zoning Board of Appeals
Parties of Interest / Abutters Listin
REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this
chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to abutters within three hundred (300) feet of the
property line of the petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city or town, the
planning board of the city or town, and the planning board of every abutting city or
town."
Applicant's property, list by map, parcel, name and address (please print clearly
and use black ink.)
MAP PARCEL NAMEADDI
SS
ABUTTERS PROPERTIES
MAP PARCEL
NAME
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DATE
ASIGURE PAGE OF
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Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in tha nffice nfthe Tnwn Clerk
Telephone 978 688-954 J
Fax (978) 688-954: ;
Notice of Decision -.
Year 2003
Pronertv at: for premises at: Lot C, Forest Street
NAME: Forest Glen Development, Inc.
HEARING(S): 3/11/03 (Legal notice only)
& 11/18/03
ADDRESS: for premises at: Lot C, Forest Street
PETITION: 2003-009
North Andover, MA 01845
TYPING DATE: November 24, 2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, the 18`h of
November, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application
of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box 248, North Andover, MA for the
premises at Lot C, Forest Street, North Andover, MA (Map 105D, Parcel 71). The Application is
pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for the construction of 4 units of housing
of which 25% or 1 unit will be an affordable unit and seeks relief in order to be economically viable and to
exempt the proposed development from local requirements and regulations that are not consistent with
local needs. The units are to be sold or rented to moderate -income persons meeting the eligibility guidelines
established by the Massachusetts Housing Financing Agency (MassHousing). The legal notice was
published in the Eagle Tribune on February 24 & March 3, 2003. The legal notice was read in the March
11, 2003 meeting and the applicant requested the Board to continue the hearing to the April 16th , the May
15`h, the June 10th, the July 8th, the August 12th, the September 9`h, and the October 14th meetings.
The following members were present to hear the applicant withdraw without prejudice: William J.
Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse.
Upon a motion by Walter F. Soule and 2nd by Ellen P. McIntyre, the Board voted to allow the petitioner to
WITHDRAW WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter
F. Soule, John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse.
Town of North Andover
Board of Appeals,
LI;A ILL- c�_
William J. $ullivan, Chairman
Decision 2003-009.
M105DP71.
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
CZ)
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
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Town of North Andover of No RTF► ,h
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 CHUSEt
D. Robert Nicetta
Building Commissioner
North Andover
Zoning Board of Appeals
Telephone (978) 688-9541
Fax (978) 688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center,
120R Main Street, North Andover, MA on Tuesday the 11`h of March, 2003 at 7:30 pm to all parties
interested in the appeal of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box
248, North Andover, MA for the premises at Lot C, Forest Street, North Andover, MA (Map 10513,
Parcel 71). The Application is pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for
the construction of 4 units of housing of which 25% or 1 unit will be an affordable unit and seeks
relief in order to be economically viable and to exempt the proposed development from local
requirements and regulations that are not consistent with local needs. The units are to be sold or
rented to moderate -income persons meeting the eligibility guidelines established by the
Massachusetts Housing Financing Agency (MassHgusing).
Said premise affected is property with frontage on the West side of Forest Street within the R-1
zoning district.
Plans are available to review at the office of the Building Dept., 27 Charles St., North Andover, MA
Monday through Thursday during the hours of 9:00am to 2:00pm.
Board of Appeals
William J. Sullivan, Chairman
To be published in the Eagle Tribune on February 24 & March 3, 2003.
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Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
MAR -05-2003 WED 11:35 AM MARKJOHNSON
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John Tannarono
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North Andover, Ma 01845
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FAX NO, 9784756703
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North Andover, Ma 01845
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Ronald F,nuo t!
781 Forest Street A
North Andover, Ma 01845
ffr.f .- �- .,v.1-vo ffUR f n niiaruvF-Ic
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Town of.North Andover .
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
P.J
Telephone (978) 688-9541
Fax . (978)688-9542
Date Apt: lG, -zoo's
Please be advised that I have agreed to waive the time constrain the Nor
Andover Zoning Board of Appeals to make a decision regarding the granting of a r�'
Z
Variance
Special Permit:
peomprehensive Permit (40B)
Finding
for property located at:
STREET:
Yce 71 IV ee
�(
TOWN: Y l 0 � 4�1�
* +Lwen.q ( +Lv- 00r.e o F 44%e -
MEETING DATE(S):
NAME OF PETITIONER:
Signed:
Petitioner (or petitioner's representative)
WAIVER
:3 C-
c D cD ;
—,7 r -r r:
O� rlOf'
m
Board olAppeals 978- 683-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9510 Plannin.- 978-688-9535
I
APR 1 7 2-003 i
BOA. -RD OF APPrAf „Q
I, [\J
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office oi<the Town Clerk.
Notice of Decision
Year 2003
Property at: for premises at: Lot C, Forest Street
NAME: Forest Glen Development, Inc.
HEARING(S): 3/11/03 (Legal notice only)
& 11/18/03
ADDRESS: for premises at: Lot C, Forest Street
PETITION: 2003-009
North Andover, MA 01845
TYPING DATE: November 24, 2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, the 18`h of
November, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application
of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box 248, North Andover, MA for the
premises at Lot C, Forest Street, North Andover, MA (Map 105D, Parcel 71). The Application is
pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for the construction of 4 units of housing
of which 25% or 1 unit will be an affordable unit and seeks relief in order to be economically viable and to
exempt the proposed development from local requirements and regulations that are not consistent with
local needs. The units are to be sold or rented to moderate -income persons meeting the eligibility guidelines
established by the Massachusetts Housing Financing Agency (MassHousing). The legal notice was
published in the Eagle Tribune on February 24 & March 3, 2003. The legal notice was read in the March
11, 2003 meeting and the applicant requested the Board to continue the hearing to the April 16`h , the May
15th, the June 10th, the July 8 , the August 12th, the September 9th, and the October 14d, meetings.
The following members were present to hear the applicant withdraw without prejudice: William J.
Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse.
Upon a motion by Walter F. Soule and 2nd by Ellen P. McIntyre, the Board voted to allow the petitioner to
WITHDRAW WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter
F. Soule, John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse.
Town of North Andover
Board of Appeals,
W lliam J. Sullivan, Chairman
Decision 2003-009.
M105DP71.
NOV-19-2003 WED 04:13 AM MARKJOHNSON FAX NO 9784756703
LAW OFFICE of
MARK B. JOHNSON
12 ChesUnit Street
Andover, Masiachmik 01810-3700
(978) 475-1188
Tderupicr. (1)7X)475-6703
ROAR); D. JO) INSO N (MA, N! I, U(: )
LINDA A. O'Cr1,NNHI_1. (MA, NII, RI)
DQNAI.I) I'. DORIiNSTRIN (At,%. M(:)
MICIIAM. G. FURLONG (MA)
JAMES BONI'AN'11 (MA)
S(IAUNA I:, M�('AR I'IIY, J.17.
November 18, 2003
Via 1"ac.1'imile 1,978,688.954.2
Norilt Anduvcr Zoning Board of Appeals
Altention: Mitch Glennon
27 Charles Strect
North Andover, MA 01845
Re: Comprehensive herinit Applications
Propertics: Lot A and Lot 'Forest Street, North Andover, MA
r7 Arplieant; Forest Glen Develornnenl, 1 ie.
Re: Variance, Special Permit and bindings Applications
Properties: Lot A and Lot C Forest Street, North Andover, MA
Z�Vicant: Forest Glen Develop ent,_Iric;_
Doar Board Merkle o:
The Applicant will be withdrawing the above Comprehensive, I'crn)it
Appliet)tions at tonight's meeting.
Very truly yours,
LAW 01"FICE OF
MARK B JOHNSON
�Lc�z-W- .e.k
��. Donald F. Berenstein
D 13-11b 6
PC: forest Glen Devclopn)cnl, Inc,
140gnlld?i.nVb,v-O4t:1'cRi.21qwsa".woo? 70D&)Imf:xw:Itlurppgrmi%rh.1IV11-10.03Aot
I ` �
F
(3,
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I APPEALS
P. 02
Ettfd%m.I1p
KATI IRYN M. MORIN
LiANNE CK ISPALDI
JOAN 11. DUFF
MIC:1111TX. JONIKAS
Town of North Andover
Office of the Zoning Board of Appeals 3= id `
Community Development and Services Division •
27 Charles Street
North Andover, Massachusetts 01.845 ,SSA�►IUS�`
D. Robert Nicetta
Building Commissioner
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
Telephone (978) 688-9541
Fax (978) 688-9542
Date �o�/ 1 zoo
Please be advised that I wish to withdraw my
Variance
Special Permit
om rehensive Permit
Finding
petition without prejudice from the North Andover Zoning Board of Appeals
agenda for property located at:
STREET:
TOWN: AiwT n
NAME OF PETITIONER:
Signed: ,
let
Withdraw
�i NOV 2 8 2003
r. S
iIi.rn'� (�✓ i ,71 0
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
AUG -13-2003 WED 11:31 AM ATTY MARK 6 JOHNSON FAX NO. 9784756703 P. 04
Town of North Andover
Office of the Zoning Board of Appeals
Commuiuity M.-velopment and Services Division
27 Charles Street
North Andover, Massachusetts 01845
P ' (b. Robert Niceaa .
Building Commissioner
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
Telephone (978) 688-9541
Fax (978) 688-9542
Date A,(.,A k-3 Z O o ^, Z,
Please be advised that T have agreed to waive the time constraintsforthe North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance
SPermit
ompze ve =(40B)
Finding
for property located at:
STREET:
TOWN: �/►v�
TO'MEETING DATE(S): I,- ZQp
NAME OF
Signed:
WAIVER
u,..,-.,iP�l I �SI
Board of Appeals 978- 68g-9541 Budding 978-698-9545 Conservation 97"88-9530 110M 978-688.9544 Planiang 978.688.9535
1).603- 00c�
J
Glennon, Michel
From: Michel Glennon [mglennon@townofnorthandover.com]
Sent: Wednesday, July 02, 2003 3:12 PM
To: 'tju@ufb.com'
Subject: Lot A & C Forest Street
Hello, Atty. Urbelist; Mr. Sullivan has two questions about the Forest Street applications: 1. Can the ZBA have both
types of applications on the agenda, 40B and Variance, Special Permit & Finding? 2. Since nothing has changed as to
shape, topography, or soil conditions since the Board denied the 2000 petitions, can the Board reverse itself? Is the
hardship of unusable land enough?
40B Lot A (parcel 39) legal notice read 3-11-03, continued without any testimony to August 12, 2003 ZBA petition #
2003-008.
40B Lot C (parcel 71) ZBA petition #2003-
009.
Variance, Special Permit & Finding Lot A (Parcel 39) legal notice to be read 7-8-2003 ZBA petition #
2003-021.
Variance, Special Permit & Finding Lot C (Parcel 71) ZBA petition #
2003-022.
Thank you, Mich Glennon
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. RobertNicetta .
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
Date bi zW
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01845 —,
Mf YC:
Please be advised that I have agreed to waive the time constraints or the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a'
w
Variance
S ecial Permit
• Comprehensive Permit S40B)
Finding
` Y-cx• ,. Au y.A ZO, Zoo -3,
for property located at:
STREET: L,Q' } . Q
TOWN: I�Itar'In-�n�Ov
TO MEETING DATE(S):
NAME OF PETITIONER: C—GYLe<,+,.� L+�C
Signed:
Pefi ierner (or petitioner's ntative)
D
WAIVER
Board
Board of is 978- 688-9541 Building 978-688-9545. Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
1 02003
BON"D OFAPPEAL:S
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978)475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)
SHAUNA E. McCARTHY, J.D.
June 4, 2003
D. Robert Nicetta, Building Commissioner
Building Department
Town of North Andover
27 Charles Street
North Andover, MA 01845
Re: Lot A and Lot C Forest Street, North Andover, MA
Dear Mr. Nicetta:
Paralegals
KATHRYN M. MORIN
LIANNE CRISTALDI
JOAN H. DUFF
MICHELE C. JONIKAS
As you know, I represent Forest Glen Development in connection with the above
referenced properties. Pursuant to an agreement reached with abutters to the property,,
Forest Glen intends to file variance applications for development of a single family home
on each lot. To the extent necessary, would you please provide confirmation of your
denial of the construction of such dwellings on the above -referenced parcels, in advance
of the Zoning Board's next filing deadline of June 12, 2003.
If you need any further information, please do not hesitate to contact me.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
Donald F. Borenste'
cc: Forest Glen Development
F:1New-Docs'Forest Glen Dev, Inc102-306 Forest Street Comp PermitWicetta Itr 6-03-03.doc
Town of forth Andover
Office of the Zoning Board of Appeals
Community Developmentand Services Division
27 Charles
North Andover, Massachusetts 01845
Telephone (978) 688-9541
Fax (978) 688-9542
D. Robert Nicetta
Building Commissioner
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
Date
Please be advised that I have agreed to waive the time constrainAor the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance
S ecial Permit'
(40B),
Comprehensive Perinit ),
Finding �^ j �v1� �� z- 00
for property located at:
STREET:-Ia�-A
0
L�4,v
TOWN:
TO MEETING DATE(S). �-^
NAME OF PE'
Signed:
W -M
, j .WAIVER
_7 iji
Board o Ap 'jr, 978 - 688-9541 Bilding 978-688-9545 Consery
uation 978-688-9530 Health 978
B 4 -688-9540 Plaiming 978-688 9535
MAY 1 � 1063 T)
BOARD Q; APPEALS
Town of.North Andover .
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
Telephone (978) 688-9541
Fax . (978) 688-9542
Date -- I— l�OI Zoo 3
c�
-o
Please be advised that I have agreed to waive the time constraintAor the NorR
Andover Zoning Board of Appeals to make a decision regarding the granting of a
r_ -
Variance
Special Permit:
comprehensive Permit (40B)
Finding
for property located at:
STREET:
TOWN:
MEETING DATE(S):
NAME OF PETITIONER:
vc
0 0e e
� 0%.}e o
I. S IV ee
Signed: > /` ,. g-/
Petitioner (or petitioner':s representative)
f:;,cs+- b7, 11+-S 6+feV,7
WAIVER
Board ojr\ppeats 978- 683-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
APF?1 � D
X003 �
BOARD OF APPEALS,
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nieetta
Building Commissioner
r•r-
f No"Th
�r �`'� ,•� OOH
F
4 �
1SSACHUSE .
Telephone (978) 688-9541
Fax . (978)688-9542
Date 1 z
TO: Town of North Andover
Zoning Board of Appeals -
27 Charles Street
North Andover MA 01845 _
+o M>q\/ I Z003 v
Please be advised that I have agreed to the time constraints for the North w
Andover Zoning Board of Appeals to make a decision regarding the granting of a o
'Vance
-�peeial-Permit:
Comprehensive Permit (40B)
V. -A:
- �-g"
for property located at:
STREET: � I -o 4 C R/ Kl e�I��rce i- I dS� F, dYes� <
TOWN: Nof+A-) lavl�u���i
MEETING DATE(S): 3- 1 k -o
NAME OF PETITIONER: ,,1G
Signed:
Petitioner (or petitioner's a tative)
`�� � td F�rev►siei� � �x1 .
12-
Avd ovet/'I VOo o6to
WAIVER
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978.688-9540 Planning 978-688-9535
U \ ' � ILJ I'AR 1 2002
BOA'.r.J Cj- ApPrEALS —
North Andover
Zoning Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center,
120R Main Street, North Andover, MA on Tuesday the I Ib of March, 2003 at 7:30 pm to all parties
interested in the appeal of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box
248,North Andover, MA for the premises at Lot C, Forest Street, North Andover, MA (Map 105D,
Parcel 71). The Application is pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for
the construction of 4 units of housing of which 25% or 1 unit will be affordable *SO and seeks relief
in order to be economically viable and to exempt the proposed development from local requirements
and regulations that are not consistent with local needs. The units are to be sold or rented to
moderate -income persons meeting the eligibility guidelines established by the FHLB/Boston.
Said premise affected is property with frontage on the west side of Forest Street within the R-1
zoning district.
Plans are available to review at the office of the Building Dept., 27 Charles St., North Andover, MA
Monday through Thursday during the hours of 9:OOam to 2:OOpm.
Board of Appeals
William I Sullivan, Chairman
To be published in the Eagle Tribune on February 24 & March 3, 2003.
Legalnotice 2003-009.
FEB -19-2003 WED 12;17 PM MARKJOHNSON FAX NO 9784756703 P 03/04
Ilercived J,y '.fuw,t t,Jl:rl•::
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BOAR,n OF t1i'I'.RALS ,
APPLICi 'I, ON FOR R'E Ll" F.R.0►vl l'Il'L l,UNINCi 01:�U1NANCL� � � �� 1z'
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13t? r111id:1>a�x _,fit. hfc�rtll.l�!?��!?ve�.,_ MA O184S 'TeL No.�9794-9191
1. Appliram is l,eret)y tn7de;
(1) For (1 vi•lr[ancu h(llrl [IIC; ol5CcTiol)
L1(u(IGr[�1711 "I•ahle _---._0f the lolling Bylaws.
I,) 1'nr 11 :ihecil,l Penuit under Section...
of the zoning hylllws —
G) els a Tally Ag"doveci; liar review ol'a decision made 1�y theI3[lildin� Insllectol' or other11utlu,ri,y.
leur a ('un)pl-cahe-nS1VL Permit pursuant to M.G,L, C.40B. ss.20-23
2. fl) 1'r+:►nist,s a'ftc:ctcd nrr~ land...___. ,-rind builtlu,g('s)
ntli'nberec!_1'clrcel 71, I,ot C F'orcat Street -
ll) I',c nlisrs afteC[ect a re4r )rc, err will, G•on[ar1c on tl,c Norco Soutfl
.J P Y () .- () I�ast ()West (at)
G
Side of 1'r,rcet Stt'Ct ,
c;) 1'rE:ruNc-.s afliclrci tlrr ill 'l..onill; Uislricl _ ru,d Ole hl'ciciises Af7er_ttd have 11.11
anal of 45, 1/0--ycit,llre feet arld firo ►tape ol•1.49.89 fret.
3. Owrwtship:
a) Nrttlu: A1111 address of owner (ifjohit owners11ip, Give 1111 nr,rncs):
Alma 0:1.1bcarr 260 MaIn 5c Salem, 'Nil 03079
Rite of f'orch.ase --- previous Owner
V) 1. II nlllliic;tnl is not owner, Olen, hidlia inlurest in p elr,isus;
.._.X. ,, .l'rl,sht-.��tiv� 1',nli:ar,ser Lt+sst;e f)tlter
2. I ,e:,,t;r of till( llur 7Mi0n For Vlulanct/Special ,Ncrn7ll rl: juired
Received by Town Clerk: Tri.
ir,t� DSL,,
1, i?,. C4 r- "A '141
l�pkTONIN OF NORTH ANDOVER, IvMSACI�USETTS J �y�'��o!�Crnn
BOARD OF APPEALS f-6 l' p
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE l2 06
a
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover MA 01845 Tel. No, -.-(978) 794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest Street.
b) Premises affected are'l property with frontage on the North ( ) South () East (y.) Nest ( )
side of' Forest Street.
C) Premises affected are in Zoning District and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee
2. Letter of ai.ithorizalion for Variance/Special Permit required
5 of
FEB 1 'L 2003
BOARD OF APPEALS
Other
4. Site of proposed building: 76 ft front; 28 feet deep;
Height 2; stories; 37.25 feet.
a) Approximate date of erection TBD
b) Occupancy or use of each floor: Residential
c) Type of construction Townhouse/ Condominium
5. Has there been a previous appeal, under zoning, on these premises? Yes When April 12, 2000
6. Description of relief sought on this petition Review and acceptance of comprehensive permit
7. Deed recorded in the Registry of Deeds in Book 779 No. Page 303
Land Court Certificate No. Book Page
The principal points upon which I base my application are as follows: (must be stated in detail)
Please refer to the attached statement and exhibits.
I agree to pay the filing fee, advertising in newspaper, and incidental expenses*
�. 19n6&e Petitioner (s) Gerard E. Welch, President
Forest Glen Development, Inc.
6 of 8
TOWN OF NORTH ANDOVER, ZONING BOARD OF APPEALS
APPLICANT'S PROPERTY: List by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP
PARCEL
MAP
PARCEL
NAME
ADDRESS
105D
71
105D
Lot C Forest Street
A1s U 1 1 Lxa PKUPh1C r Y: L161 BY MAP, PARCEL, NAME AND ADDRESS
(PLEASE PRINT CLEARLY, USE BLACK INK
THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND
CERTIFIED BY THE ASSESSOR'S OFFICE
BY: DATE:
SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER
Required list of parties of interest Page one
E:1New-Docs\Forest Glen Dev, Inc102-308 Forest Street Comp Permitltable Lot C.doc
of
i
Cutified �p -- G i IL'�--4105
Board f Asses orth Andover
MAP
PARCEL
NAME
ADDRESS
105D
39
Pine Hollow Trust
Linda M. Emro, Tr
781 Forest Street
105D
40
Ronald Emro
781 Forest Street
105D
37
Paul & Elizabeth
Merrill
84 West Main St.,
Georgetown, MA 01833
105D
45
Frank Camovale
804 Forest Street
105D
44
Paul Guerrieo
790 Forest Street
105D
35
Scott Blaney
780 Forest Street
105D
42
New Estate Realty
Trust, Charles Ford,
Susan E. Foster, Tr
754 Forest Street
105D
43
Paul K. Upson, Jr.
770 Forest Street
105D
72
Timothy Prisby
769 Forest Street
105D
176
Dennis Jillson
757 Forest Street
105D
175
John R. Iannarone
743 Forest Street
105D
17
David D. Martin
701 Forest Street
105D
173
Scott Karpinski
691 Forest Street
105D
172
Arnold Buck
683 Forest Street
THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND
CERTIFIED BY THE ASSESSOR'S OFFICE
BY: DATE:
SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER
Required list of parties of interest Page one
E:1New-Docs\Forest Glen Dev, Inc102-308 Forest Street Comp Permitltable Lot C.doc
of
i
Cutified �p -- G i IL'�--4105
Board f Asses orth Andover
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
APPLICATION FOR COMPREHENSIVE PERMIT
(Mass.Gen.Laws c.40B, §§20-23)
FOREST GLEN CONDOMINIUM 2
Parcel 71 (Lot Q Forest Street
North Andover, Massachusetts
Applicant: Forest Glen Development, Inc.
P.O. Box 248
North Andover, MA 01845
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
APPLICATION FOR COMPREHENSIVE PERMIT
(Mass.Gen.Laws c.40B, §§20-23)
FOREST GLEN CONDOMINIUM 2
Parcel 71 (Lot Q Forest Street
North Andover, MA
1. Applicant: Forest Glen Development, Inc.
P.O. Box 248
North Andover, MA 01845
2. Property:
Assessors Map 1051), Parcel 71( shown as Lot C on the Site Plan
submitted herewith), being 45,170 s.f. (1+ acres) on Forest Street.
3. Summary of Proposed Project:
The proposed Project is known as "Forest Glen Condominium 2". It will
consist of 4, 2 -bedroom, attached condominium units, contained in one building
of traditional, hip -roof, colonial construction. The condominium units will range
in size for 1,405 s.f. to 1,461 s.f. of living area each.
Each unit will include an interest in the common areas and amenities of
the condominium. One unit, being 25% of the total units, will be set aside and
restricted to persons qualified as moderate income buyers ("Affordable Unit'),
2
FANew-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 71.doc
with income not exceeding 80% of the area household median. The Affordable
Unit will be sold to such qualified buyers at a significantly reduced price, in
compliance with the Comprehensive Permit Statute, G.L. c.40B, §§20-23 and the
Housing Starts Program of the Massachusetts Housing Finance Agency
("MassHousing"). The remainder of the units will be sold at market rate ("Market
Rate Units"). Continuing condominium services will include common area
maintenance, snow removal, landscaping maintenance, and a unit owners
association.
The Applicant's maximum return on investment will be capped at 20% of
total development costs, with any surplus returned to the Town of North Andover
for use in its affordable housing programs, as required by the Housing Starts
Program and the Comprehensive Permit Statute.
4. Site Development Plans:
A copy of the Site Plan for the Project, signed by a registered professional
engineer, is filed herewith and labeled as Exhibit A ("Site Plan"). Parcel 71 is
identified as Lot C on the Site Plan. Lot A on the Site Plan is Parcel 39 on Town
Assessors Map 105D. Lot A is the subject of a similar comprehensive permit
application filed simultaneously herewith.
Existing Conditions:
The site, Lot C, consists of a 45,170 s.f. wooded lot, with 150 feet of
frontage on Forest Street. Forest Street is a paved public way, in good condition,
varying in paved width between 18 and 22 feet. Traffic on Forest Street is two-
way, running North/South. Forest Street is located in a rural, residential area of
F:\New-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 71.doc
North Andover, with traffic limited primarily to local residents and is very light.
The neighborhood surrounding Lot C is residential. Although the surrounding
neighborhood is predominantly developed with single-family homes, the
proposed condominium is equivalent in size, construction and appearance to area
homes.
6. Architectural Drawings:
In addition to the Site Plan (Exhibit A), preliminary scaled architectural
drawings, including typical floor plans and elevations, are submitted herewith as
Exhibit B.
7. Table of Proposed Development:
A Table of Proposed Development, showing building type, unit size
(number of bedrooms and floor area), and a summary of total building coverage
and total open space area is attached hereto as Exhibit C. It is proposed that 77%
of the property would be common area open space.
8. Subdivision Plan:
As the project is proposed as a condominium, no subdivision is proposed.
Reference is made to the Site Plan, Exhibit A, for information usually contained
in a preliminary subdivision plan.
9. Utility Plan:
The preliminary plan of proposed location and types of sewage, drainage
and water facilities is incorporated into the Site Plan, Exhibit A.
10. Comprehensive Permit Jurisdictional Requirements:
El
F:\New-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 71.doc
11
The Applicant proposes to develop the Project as a "limited dividend
organization" and in compliance with the requirements of the Housing Starts
Program of MassHousing. Copies of the Comprehensive Permit Statute, G.L.
c.40B, §§20-23, 760 CMR 31.01, et seq., and the MassHousing Housing Starts
Program Guidelines are available from the Applicant's counsel upon request. The
Applicant's Regulatory Agreement and Deed Restriction will conform to the
forms accepted by MassHousing for such agreements. The Applicant intends to
finalize and enter the Regulatory Agreement prior to commencing construction.
The Applicant proposes to finalize and record completed Deed Restriction
instruments in conjunction with the sale of the restricted Affordable Unit.
The Project is fundable under the Housing Starts Program of
MassHousing. A copy of the Preliminary Project Eligibility and Site approval
letter from MassHousing is attached hereto as Exhibit D.
The Applicant controls the Project Site pursuant to a Purchase and Sale
Agreement and Addendum, both dated February 25, 1999, and an Extension of
Time for Performance Agreement dated August 2, 2002. A copy of the Purchase
and Sale Agreement, Addendum to Purchase and Sale Agreement and Extension
of Time for Performance Agreement are attached hereto as Exhibit,E.
Requested Exceptions:
The proposed exceptions from applicable local requirements are as
follows:
Local Requirement Required Proposed
Minimum Lot Area 2 acres 1 acre
Number of units per lot 1 unit 4 units
5
F:\New-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 71.doc
Number of units per lot 1 unit 4 units
Any other applicable municipal permits or approvals necessary for the
Project as proposed.
The project as proposed does not require filing with the North Andover
Conservation Commission, either under the Town's local wetlands bylaw or the
State Wetlands Act.
The project as proposed satisfies all applicable state and local regulations
concerning septic service and design.
12. Conclusion:
It is requested that the Board conduct a public hearing on this Application
and approve same, under G.L. c.40B, §§20-23, 710 CMR 30.00 et seq. and the
MassHousing Guidelines.
Applic
Fores G
By:
N . Gera d E. W
Title: President
Applicant's Counsel:
Mark B. Johnson, Esquire
B.B.O.1#252760
'Donald F. Borenstein,
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, MA 01810
(978) 475-4488
B.B.O.#566810
Date:-'�i�,�,�stim �� , 2003
me
EANew-DoesTorest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 39.doc
SCHEDULE OF EXHIBITS TO APPLICATION
FOR COMPREHENSIVE PERMIT
EXHIBIT A Preliminary Site Development Plan
EXHIBIT B Preliminary, scaled, architectural drawings, including typical floor
plans and elevations
EXHIBIT C Table of proposed building type, size (number of bedrooms and floor
area), ground coverage and a summary of total building coverage,
parking and paved area coverage and total open space area
EXHIBIT D Massachusetts Housing and Finance Agency ("MassHousing")
Preliminary Project Eligibility and Site Approval Letter
EXHIBIT E Purchase and Sale Agreement, Addendum to Purchase and Sale
Agreement, and Extension of Time for Performance Agreement
EXHIBIT F Letter of Authorization from Owner
F:\New-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST -Schedule of Exhibits.doc
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769 Forest Street
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Parcel 71 (Lot C) Forest Street
Table of Proposed Development
Number of Buildings -
Number of Units -
Bedrooms per Unit -
End unit floor area (units 5 & 8)
Middle unit floor area (units 6& 7)
Total Lot Area
Total Building Coverage
Paved and Other Covered Areas
Total Open Space
1
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1,461 s.f.
45,170 s.f.
4,460 s.f.
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ASSMUSING
Masnehusetb Hjusing finance Agency
One Beacon Stred, Boston, MA 02 too
Tlt:617354.1 fpc:6t7.@SA.1tt29
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December 9112002
Gerald E. Ich, President
Forest Glen evelopment, Inc.
136 NMI Street
North. Ando er, MA 01845
Re: Forest Glen Condominium II, North Andover
Eligibility (Site Approval) Application
Dear W.
rMUM UG
This letter " in respgt�se to, your application for a determination of Project Eligibility (Site Approval)
Pursuant to husetts General Laws Chapter 40B and 760 CMR 30-31 (the "Comprehensive Permit
Rules") un the ousing Starts Program (the "Program') of the Massachusetts Housing Finance
AB my (" ol
using'). The proposal is to build 4 condominium. units (the "Projecel on
approximat y 1 acre of land on Parcel 71(Lot C) Forest Street, North Andover (the "Site"). The land is
currently eveloped and located in a resideAtial neighborhood.
This letter i intended to be a written determination of Project Eligibility (Site Approval) in accordance
with the Co prehensive Permit Rules, establishing fimdability by a subsidizing agency under a low and
moderate- ome housing subsidy program.
MassH6usir staff has performed an on-site inspection of the Site and reviewed the pextitoent
information bmitled� by the applicant for the Project in accordance with the Comprehensive Permit
Rules. As salt of our review, we have made the following findings; (1) the proposed housing design
is generally appropriate for the Site; (2) the proposed Project appears financially feasible within the
housing et in which -it will be situated based on comparable sales figures; (3) an initial pro forma
bos beets r "Owed and the Project appears financially feasible on the basis of estimated development
costs; and ) the developer meets the general eligibility standards of the Program. In addition, it
appears tha a applicant will -be eligible to form an entity or use an existing entity to act as a limited
dividend o tion in connection with an application for MazHousing , financing and a
Comprehen ve Permit under the Program.
Page 2
Forest Glen Condominium 11, North Andover
PE -58
Staff bas also determined that the. Project appears generally eligible under the
Program, subject to final review of eligibility and to final approval. These reqs
following:-
The,
ollowing:
The, developer must offer a miWmum of 25% of the units as affordably
enabling families with a gross annual income of 80% of the area median
pufthase the unit under generally accepted mortgage loan underw riftg sten
encs of the
include the
housing units
to qualify to
The most recent income limits as published by the U.S.' Department of Hand Urban
Development (HM)imdic2ite that $0% of the currentmedian family income North North Andover
ie $53,920.
2. The affordable units will be governed by a Deed Rider ensuring the waits retain affordable to
fiiiure buyers, for a minimum of 30 years.
3. The developer. must be a limited dividend organization and agree to limit the profit on. the
development to not more than 200/c of the project's total dev�lopnient costs.
4. The developer must enter into a Regulatory Agreement with MasslHnusing d the Town .of
North Andover stating specific requirements that must be. met - tomply with the
Comprchcnsivc permit Rules.
5. The developer must comply with MassHousing's Acquisition Value Policy, v ieh is attached as
Exhibit '`A°'
The following issues should be addressed and fully explored in the public bearing
1. Whether or not the development will comply with all statutory and regulate restrictions and
conditions relating to protection of drainage, wetlands, vernal pools and ife habitats and
nearby conservation areas, if applicable to this Site, except to, the waived by the
municipality.
2. Whether or not the development will comply with Title V regulations rel
construction of individual wells, septic systems and wastewater treatment
this Site, except to the extent waived pursuant to Title V.
3. Whether or not there is adequate parking provided for the dwelling units given
street parking on Forest Street.
4. Whether or not a traffic study is required to determine. if adequate
provided for public safety purposes prior to entering Lot C.
the design and
if applicable to
absence of on.
distance is,
E0 39Vd QdtiaM LE66686809 E9:11 E00Z/9T/T0
Page 3
Forest Glen Condorainimn H, North Andover
PE -58
This approval is expressly limited to the development of no more than 4 hamea�vners
Program, with not less than 1 of such units designated as affordable homeownership
moderate income persons or families under the terms of the. Program..lt is not
guarantee of MassHousing's financing and does not constitute a site plan or buildin
Should you consider the construction of additional units, you will be required to sub
Eligibility (Site Approval) application for review by MassHousing.
This approval will be effective for a period of two years from the date of this letter.
not commence within this period or should the effective period of this letter not be
by MassHousing, it shall be considered to have expired and zags longer be is efkct
requiring that ManHousing be notified at the following times throughout this two y�
the applicant applies to the local ZBA for a comprehensive permit, (Z) when the ZB
and if applicable, (3) when any appeals are fined.
If you have any questions concerning this letter, please contact Richard Herlihy at 61
Sincerely,
Thomas R. Gleason
Executive Director
CC: Ms: Jane Wallis Gumble, Director, DHCD
Rosemary Smedile, Chairperson— North Andover Board of Selectmen
Ip units under the
units for low and
commitment or
design approval.
rut a new Project
ould construction
tended in writing
addition, we are
period: (1) when
issues a decision,
1335.
b0 Mdd (NUN -4L) ) PaaaAAACIC CC : TT PQC17 !Q T ITCi
Page 4
Forest Glen Condominium 11, North Andover
PE -58
Exhibit "An
Acauisitiou Value Policy
The maximum permissible acquisition value which can be included in the
Construction Loan application will be limited to the lesser of:
Budget for a
a. the "as is" appraised market value of the land and. improvements, esEimated by the
MassHousing Home Ownership 'Department at the time of loan commint, and subject to'
eonfirniation by an MassHousing-commissiofied independent appraisal prior loan closing; or
b. the purchase price of the land and improvefients in the last arm's length transaction, if any,
within the last three years, plus (i) reasonable and verihable costs of pro rty improvements
made subsequent to the above acquisition and/or (ii) reasonable and veri ble canying casts
related to the land and improvements, such as interest, taxes and insurance.
Special Restrictions for Comprehensive Permit Defildpments
In addition to the above -noted acquisition policy, developments which have receit
a comprehensive
permit will be subject to the following restriction:
Economic benefiis of the comprehensive permit shall accrue to the develop t and shall
not be used to substantiate an "Wsition cast that is lnueasonably gra ;8h
tan the
current appraised fair market value under existing zoning without a co hensive
permit in place.
This restriction will be applied regardless of ownership transfers which might.take
development process.
during the
90 39VJ QNVMi 15) !Ffff+RQRpC RC:TT FGIM7/QT/TA
E
v V J
A
STANDARQ FORIA
PURCHASE AND ME AGREEMENT
This 251.h day of Feb roa ry. 19 99
t. PARTIES
(fill in) Anna Gilbert, of Salem, New Hampshire
herelnafte( called the SELLER, agrees to SELL and
Gerald 1~, Welch. Inc.
hereinafter called the BUYER or PURCHASIR, a Fees to 8l� , up'�n th. Er s hirt;nVier sot forth, the
fatlowingdescribed premises: map 10 D. �arceT /1• I+`ores t.ree'r.
North Andover, MA
2. DESCRIPTION Siz approximately 1.04 acres
(fill In and Include
title reference)
ia
3. BUILDINGS, '
STRUCTURES, and res belonging to the SELLER and used in connection therewith inck , a I venetian
IMPROVEMENTS, blinds, windo as, screens, screen doors, storm windows en wnIngs, shutters, furnaces,
FIXTURES heaters, heating equipm ves, Miles, oil and a n fixtures appurtenant thereto, ho: water
heaters, plumbing and bathroom ' e and other lighting fixtures, mantels, outside television
(fill In or deletal antennas, fences, gates t s, plants, built in, air conditioning equipment, ventilators, ga,bage
disaosers tiis rs, washing machines and driers; a
4. TITLE DEEP
(fill int
'include here by specific
referents any restric,
tions, easements, rights
and obliptlons In party
Walls not Included in (b),
leases, municipal and
arbor lions, other oncum-
prances, and make Pro-
vision to Pro roe t
SELLER against
BUYER'S brooch of
SELLER'S covenants
in leases, More
necessary.
g, PLANS
6. REGISTERED
TITLE
7,
PURCHASE PRICE
(fill in); space is
ahowed to write
out the amounts
if desired
'(provide for pay-
mant by certified
ar Bank's Check
scceprable to the
SELL49R, If
required)
cOPYR14HT 0 1910. 1984
GREATEN BOSTON REAI. 65TATE BOARD
clear record and marlceiable
Said premises are to be conveyed by a good and sufficient deed running to
the BUYER,kor to the nominee
foentethe BUYER vnat least
seven
he deed is to be delivered as herein provided, and saddeedshall
convey a good and clear record and marketable title thereto, free from encumbrances, except
(a) Provisions of existing, Wilding and zoning laws;
jbl Existing rights and obligations in party walls which are not the subject of written agreement;
(c) Such taxes for the then current year as are not due and payable on the date of the delivery of such
deed;
(d) Any liens for municipal betterments assessed after the date of this agreement;
If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the
deed in farm adequate for recording or registration.
In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient to
entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said deed
all instruments, if any, necessary to enable the BUYER To obtain such Certificate of Title.
The agreed purchase price for said premises is One Hundred TbIrty—Five Thousand
and no/100dollars, of which
500, 00 Pa i d wi thnavPeeeR;W-as a deposit this day and
2. 500.00 are to be paid at the time of delivery of the deed in cash, or by certified,
$ 132,000.00 cashier's, treasurer's or bank check.
S 1,15,000.00 TOTAL
All 09111% ►ecervad. Tnla form may nos be cap1e4 of rvaradueea In r
whala cr In part in any manner whitaasrer dltnout the prior sr•
prem wrltton eansent of the Groeta Boatan heal acute Board. «WV—MI
6,. TwE-FOR
PER FOR MANC:E
DELIVFRY OF
D C E o ((;l) r'i1)
Sucft (1duJ ly io Or-, ilr. iorlcil al two
o'cl®cA P kt. on the l bth
day of
April t9 99 '°r Essex North Regirtrvv of Deers
pcgic;; i c! p ::nice; ethenvisa agreed upon in writing. It is agreed that time is; of the essence ai this
agreement"
9. POSSESSION and maw�wn �• r
CONDITION of delivare a of the delivery of the deed, said premises to then (a) i mon as tf1ev
tar there❑" sees ted, and o at;on of said building and zoning
PREMISES. now are, reasonable u P.
(attach a fist of laws, and (0 in complianes with t any instrument referred to in clause 4 hereof, The
exceptions, if any) BUYER shall iso in impectlon of sal p r to the delivery of this deed in order to
10, EXTENSION TO
If the SELLER shall be unaple to give title or to make conveyance, or to deliver possession of the premises,
if the time of the delivery of the deed the premises do not conform with the
PERFECT TITLE
OR MAKE
all as herein stipulated, or at
provisions hereof, then any payments made under this agreement shall be refunded and all other obligations
without recourse to the parties hereto,
PREMISES
of the parties hereto shall cease and this agreement shall be void and
SELLER elects tc use rsasonable effort; to remove anv defects in title, or to deliver possession as
CONFORM
(Change period of
unless the
provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in
thereof to the BUYER at or before the time for
time if desired).
which event the SELLER shall give written nmice
hereundor, and thereupon the time for performance hereof shall be extended for a period of
performance
thirty days.
11, FAI LURE TO
If at the expiration of the extended time the SELLER shall have failed so to remove any defects In title,
conform, as the case may be, all as herein agreed, or if at any time
PERFECT TITi-E
OR MAKE
deliver possession, or make the premises
during the period of this agreement or any extension thereof, the holder of a mortgage on said premises
be for such purposes, then, at the 6UYER'S
PREMISES
shall refuse to permit the insurance proceeds, if any, to used
onhwith refundedpobligations of
this agroemerit lvo
CONFORM, etc,
option,the parties Wata
l parties hereto shall eoaseeandthis agreement st all beer
df without recourse
al
12. BUYf WS
The BUYER shall have the election, at either the original or any extended time for performance, to accept
in their then condition and to pay therefor the
ELECTION TO
such title as the SELLER can deliver to the saic premises
price without deduction, in which case the SELLER shall eonveV such title, except that in the
ACCEPT TITLE
purchase
11 I.
event of such,conveyance in accord with the previsions of this clause,
- -_ .e __ •6 R_9_.G.LHII � 1 ��a^eCCll 1'T�Y71G►�y�ly
acco uch insurance, less any amounts reasonably expended by th®SEL art y pantie
restoration, or
s It the insurance proceeds or a part thence
(bl if a h❑Iden of a mortgage remises
air former condition or to be so paid over or assigned,
to be used to restore the sa'
on delivery ®f the deed, equal to said
give to the credit against the pure tom_ ,
of the said mortgage less any
s so recovered or recoverable and retained by t r
amounts reasonably expended by the SELLER for any partial restore 1
13. EPTANOf
se l be ed to be a
The and obligation heroiUYER,or his nominee as the n contained or elxpressed,ne cept such ass
ivery
OF DEED
OF
oacceptance ce and discharge of agreement
pert rm n
are, by the terms hereof, to be performed after the delivery of said deed,
14. USE OF
the SELLER may, at the time of delivery
enable the SELLER make conveyance option hereof to arein clear the title of anv or all encumbrances or
money or any p
PURCHASE
c
of the deed, use the purchase
of
that all instruments so procured are recorded
MONEY TO
CLEAR TITLE
interests, provided
•clued, within 1.he customary Lime for Clor;-Ings in the Merrimack Valley
Until the delivery of the deed, the SELLER shall maintain insurance an��oun proms as follows:
16. INSURANCE
off
°lnsertamaunt
Type of Insurance Non e
(list additional
(al Fire S
types of lnsuranco
and amounts as
(bl Extended coverage
agreed)
Ici
16. ASSIGNMENT OF
INSURANCE
insurance com-
time for a the deed, and unel;ss prevented from doing insurance and deliver binders therefor in
(delete antlro clause
pony(si Involved to issue aor of this agreement. In the event of refusal by the
if insurance is not
proper form to th thereof to the BUYER at least two
mpanylsl to issue the same, the SELLER she
to be assigned!
"• "`� , � -71 V VJ
17; ADJUSTMENTS 4crL�r
(list opera ring ex•
penes, if any, or—ntaxes for the then current year, shall be apparttoned and fuE1 Value Shell be edlustec', as of the day of
arrack schedule) performance of this agreement and the net amount thereof shall be added to ar
deducted from, as the case may be, the purchase price payable by the ®DYER at the time of delivery of the
deed, Uncollected rents for the current rental Ballad shall be apportioned If and when colteeted by either
party,
18, APJUSTMI:NT If the amount of said taxes is not known at the timeaof the
aefeappo f the deed,
tsoon asshall
new ortionetax rate
OF UNASSESSED an the basis of the taxes assessed for the preceding year,
e
„ rd0 and valuation can be ascertained; and, if the Wes which are to be apportioned shall thereafter be reduced
ABATED TAXES by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be
apportioned between the parties, provided that neither party shall be obligated to institute or prosecute
proceedings for an abatement unless herein otherwise agreed.
i9. BROKER'S FEE
(fill In far W11h N/A
dollar amounr or
percentage; also
name of Broker(s)) �m
24. BROKER(S)
WARRANTY
NAMyy
21, DEPOSIT
(fill In, or deler
mferaice to
brokalaJ It
SELL IR holds
deparlt)
22. BUYER'S
DEFAULT;
DAMAGES
M& a ehe BUYER, said 9roker(s) shall be entitle an amount
equal to
on
the am unt equal to the broker's f=0(ofessional services
The Brokerid named herein
�varrant(s) that he (they) is (are) dui lice se as such by th Com onwealYh of htassaohu5attsg
Buyer herPlo warrants �n el er thflf 1�tey �'�hi5 nc�fau5e �sliallrsurvive
9eller I r ,an c n1 -s re F1rr'1 a rnkrr used,
t J'IiVehy N, t)1e r eeI .
All deposits made hereunder shall be held by The ) CC'ssingham Law Office, P .C.
subject to the terms of this agreement and shall be duly accounted fir at the time for performance of thi
agreement, provided howaver that in the event of any disagreement •c, S 5i n_qh Ain st a depositsid Mice,
pending instructions mutually given by the SELLER and the 6UYER.
23, SALE OF
PERSONAL
PROPERTY
(fill in and attach
list or Adel®re
an tire clausal
24. RE0ASE BY
HUS13AND OR
WIFE
26. BROKER AS
PARTY
26. LIABILITY OF
TRUSTEE,
SHARiEHOI PFR.
BENEFICIARY, etc,
27. WARRANTIES
AND SEPRE-
SENTATIONS
(fill in); If none,
state "none", , if
any fisted, indicare
by whom each. war,
ran ty or represen•
tation was made
If the BUYER shall fail to fulfill the BUYER'S agreements herein, ail deposits made hereunder by the
BUYER shali,be retained by the SELLER as liquidated damages uniess within thirty days after the time for
performance of this agreement or any extension hereof, the SELL5R otherwise notifies the BUYER in
writing.
ER upon
list or ca of S and the SELLER agrees to
delivery of the ee der, a warranty bill of sale th ant of said price. The provisions of
this clause shall constitute an an apart from the provisions herein contained with
respect to the to ny reach o ms and conditions of this clause shall have no affecj on
The SELLER'S spouse hereby agrees to join in said deed end to release and convey all statutory and other
rights And interests in said premises.
provisions of is a -_^- . ny amen masts or modifications
If the SELLER or BUYER executes this agreement in ® representative or fiduciary capacity, only the
principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor
any shereholdor or beneficiary of any trust, sha►I be personally liable for any obligation, express or Implied,
hereunder.
The BUYER acknowledges that the BUYER has not been influenced to enter Into this transaction nor has
he relied upon any warranties or representations not set forth or Incorporated in this agreement or pre•
viously made in writing, eycept for the following additional warranties and representations, if any, made by
either the SELLER or the Broker(W,
.i —V/ VVJ
28. CONSTRUCTION This instrument, executed in triplicaW - - is to be construed as a Masaachusam contract, is
OF Ar4REEMENT t❑ take effect as & sealed insuument, vets forth the entire contract between the parties, is binding upon and
®dolere "triplicate enares to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators,
and subsriruro successors and assigns, and may ba cancelled, modified or amended nnly by a wrirtt-„ i„atrt-o".n1—ArIllmd
"quedrupNcare" by both the SELLER and the BUYER. If two or more persons are named herein as BUYER thclr abli9a
if required. tions hereunder shall he joint and several. The captions -and marainai notsz her u•• Qt c- r a Ma. yr,- of
convenience and are not to be considered a part of this agreemant nr 1n rd u�• •I �iR,i^'^++ �h' ' +:att :
the parties to It,
29, LEAD PAINT The parties acknowledge that, under Massachusetts law, when2vcr a ch:!' ;'r s;::
LAW resides In and residentlal premises in which any paint, plaster or other a-ceis:L;� :: :' •:: t.: ;i: i�::
ous levels of lead, the owner of said premises must remove or cover salt: o4im., wa-•ar M otner masrriai..so
as to make it inaccessible to children under six Years Of age,
30, ADDITIONAL The initialed riders, if any, attached hereto, are incorporated herein by reference.
PROVISIONS
SELL A (or spouse) SELL.9R
BUYER
Brokers)
EXTENSION
Date
❑'clock • °n
The time for the performance of the foregoing agreement 1extended i me Still being of the essence of this agreement as extended, In
the day of .
all other respacu, this agreement is hereby ratified and confirmed, is intended to take effect as a sealed instrument.
This extension, executed in triplicate,
SELLER (or'pause)
SUYER
SELLER
BUYER
Broker(')
ADDENDUM
TO
PURCHASE AND SALE AGREEMENT"
BUYERS: Gerard E. Welch, Inc.
SELLERS: Anna Gilbert, 260 Main Street #2, Salem, NH
PROPERTY: 71 Forest Street, North Andover, MA
DATE: February 25, 1999
31. At the time of delivery of the deed hereunder SELLER shall, as a condition of
BUYER's performance, deliver to BUYER:
A) A standard Title Insurance Affidavit and Indemnity Agreement in the form
satisfactory to BUYER and BUYER's title insurance company;
B) A standard Non -foreign Affidavit in accordance with Section 1445 of the
Internal Revenue Code of 1954, as amended;
C) A standard Internal Revenue Code Reporting Form 1099-5; and
D) All certificates, documents and agreements in the form satisfactory to
BUYER's representative, which are reasonable and customary for this
type of transaction.
32. BUYER's performance hereunder is conditioned upon title to the Premises being
insurable at standard rates on a standard ALTA form B insurance policy by
companies licensed to do business in the Commonwealth of Massachusetts
without exception for any matters not expressly permitted hereunder, or permitted
by Standard Conveyance Practices of the Massachusetts Conveyancers
Association.
33. It is understood and agreed by the parties that the Premises shall not be in
conformity with the title provisions of this Agreement unless:
(a) No building, structure or improvement of any kind belonging to any other
person or entity shall encroach upon or under said Premises; and
(b) The Premises shall abut a public way, duly laid out or accepted as such by
the Town in which said Premises are located, or have indefeasible legal
access to same.
34. SELLER shall pay and discharge within the time customary within the Merrimack
Valley, any assessment or taxing authority which affects or is a lien upon the
premises which are of record or assessed prior to the date of this agreement; this
applies to but is not limited to assessments as to which an installment method of
payment was previously elected. The SELLERS represent that to the best of their
knowledge there are no assessments pending.
35. All notices required hereunder shall be deemed to have been duly given when in
writing and delivered or mailed by registered or certified mail, postage prepaid,
return receipt requested, addressed to the SELLER or to the BUYER, as the case
may be, and sent to their respective attorneys:
if to BUYER: Mark B. Johnson, Esquire
12 Chestnut Street
Andover, MA 01810
if to SELLER: Cossingham Law Office
800 Turnpike Street
North Andover, MA 01845
35. BUYERS and SELLERS agree that in the event it becomes impracticable for
BUYERS' mortgagee's attorney to perform a final title examination and record
the documents on the date set for closing, all closing documents and funds shall
be deemed held in escrow through the following business day, to permit the
BUYERS or their mortgagee time to perform a final title examination and record
the deed and other relevant documents, and such delay shall not be deemed a
default by the BUYERS hereunder.
36. BUYER and SELLER agree that, to the extent applicable, matters relative to the
title and closing shall be governed by the Massachusetts Conveyancers
Association Title and Practice Standards.
37. Access- BUYER, BUYER's agents shall have the right of access, upon 24 hours
notice and during reasonable hours, to enter on said premises for the purpose of
all reasonable inspections, including but not limited to appraisals, percing of land
and other inspections testing which BUYER may require.
H. If any errors or omissions are found to have occurred in any calculations or
figures used in the settlement statement or other closing documents signed by the
parties (or would have been included if not for any such error or omission) and
notice thereof is given within two months of the Closing to the party to be
charged; then such party agrees to make a payment to correct the error or
2
omission. The parties hereto also agree to execute and deliver to the requesting
party whatever additional documents or amendments to existing documents are
reasonably required to effectuate the sale and purchase under this Agreement
provided such additional documents or amendments are prepared by the
requesting party, and do not in any way adversely affect, or otherwise enlarge the
liability of, any of the parties relative to said sale and purchase. This provision
shall survive delivery of the deed.
39. This Agreement shall not be binding upon BUYER and no funds held as a deposit
hereunder shall be negotiated until BUYER has received a copy of the Agreement
fully executed by BUYER. For the purposes of this provision, facsimile
transmission of the executed P&S and this Rider to either party and/or their
attorney shall suffice.
40. This Agreement is contingent upon the results of perc and deep hold tests to be
performed at the premises by the BUYER or BUYER's agent at BUYERS sole
expense. If BUYER intends to terminate this Agreement based upon
unsatisfactory results of such testing BUYER will provide SELLER with written
notice and a copy of the relevant portion of such results.
Agreement is further contingent upon BUYER's ability to obtain the required
Permits to construct a single family home on the premises. BUYER shall make
good faith efforts to obtain all such permits in a timely manner so as to allow all
appeal periods tp have expired prior to the date of closing. However, in the event
BUYER has been unable to obtain all such permits and/or all appeal period have
not expired without appeal having been taken, at BUYER's option, the closing
date may be extended for up to sixty (60) days to allow BUYER to obtain all such
Permits and/or to allow all appeal periods to expire and/or to allow BUYER to
resolve any appeal that has been filed.
41. The monies to be paid at closing shall be in the form of certified check or attorney
IOLTA escrow check, provided any such IOLTA check is drawn on a
Massachusetts Bank.
42. SELLER grants to BUYER access to the subject premises to conduct perc and
deep hole tests. SELLER makes no warranty or condition regarding the condition
of the land. BUYER and its agents enter upon the premises at their own risk.
BUYER shall maintain proper insurance coverage while on the premises. In the
event that this transaction does not close for any reason, then SELLER shall
restore the premises to their condition prior to the conducting of said tests.
43. All costs regarding the tests and application for permits shall be borne by
BUYER.
44. The Trustee executes this document and the Purchase and Sale Agreement in her
fiduciary representative capacity only. BUYER shall look only to the assets of
the subject Trust to fulfill the obligations of SELLER under this offer and the
Purchase and Sale Agreement.
45. In the event that BUYER installs water service to the -subject street then BUYER
shall also provide connection to SELLER's residence at BUYER's expense.
46. In order to help finance the acquisition of said premises, the BUYER shall apply
for a conventional bank or other institutional mortgage loan of $ 94,500.00 at
prevailing rates, terms and conditions. If despite the BUYERS diligent efforts a
commitment for such loan cannot be obtained on or before April 2, 1999 the
BUYER may terminate this agreement by written notice to the. SELLER and/or
Broker(s), as agent(s) for the SELLER, prior to the expiration of such time
whereupon any payments made under this agreement shall be forthwith refunded
and all other obligations of the parties hereto. Diligent efforts satisfied by
application to one lender. Commitment to be in writing and contain no
contingencies beyond the Buyer's control.
BUYERS:
Gerard E. Welch, Inc.
/BY4::G and E. WelS
F:\NEW-DOCS\WELCH\GILBERT\BUY-ADDE.doc
9
SELLERS:
Anna Gilbert
i
By: Anna Gilbert
EXTENSION
OF
TIME FOR PERFORMANCE -
SELLER: Anna Gilbert
BUYER: Gerard E. Welch, Inc.
PROPERTY: Lot on Forest Street, North Andover, Massachusetts
DATE: August 2, 2002
The aforementioned parties to that certain Purchase and Sale Agreement between them regarding
the Property, dated February 25, 1999, as affected by certain prior Extensions of Time For
Performance, the most recent dated January 10, 2002 , agree that the date for closing on the
above -captioned premises is hereby extended until January 10, 2003. Further provided, however,
that at Buyers. sole and unilateral option, which option shall be exercised by written notice to
seller at or before 5:OO p.m. on January 10, 2003, the closing date may be extended up to a date
no later than January 10, 2004, if any appeal has been filed concerning a permit approval sought
by Buyer for the subject premises.
Buyer's financing contingency is extended until 30 days prior to closing. Buyer's date to submit
on complete mortgage loan application is extended until 60 days prior to closing.
Buyer intends to seek permits and approvals for the development of the subject premises as a 4,
2 -bedroom unit, residential condominium, including, without limitation, a Comprehensive
Permit pursuant to M.G.L. c. 40B. Buyer's obligations shall be contingent on the issuance of all
permits and approvals necessary or desirable for said development and the expiration of all
applicable appeal periods, without appeal being taken.
All other provisions of the Agreement shall remain in full force and effect, as amended hereby.
This extension executed by the parties or their respective Counsel, is intended to take effect as a
sealed instrument, this 2 day of August, 2002.
Buyer: Seller:
Anna Gilbert
LETTER OF AUTHORIZATION
I, Anna Gilbert, as owner of the premises located at Lot Parcel 71, Lot C, Forest
Street, North Andover, Massachusetts, do hereby authorize Forest Glen Development, Inc.
to file and pursue an application for comprehensive permit under M.G.L. Chapter 40B
Sections 20-23, for the purpose of obtaining authorization to construct
townhouse/condominium on said subject premises. This authorization includes all acts
necessary to file, pursue, present, and otherwise represent such application. A copy of this
authorization shall be effective as an original.
Signed:
Anna Gilbert
Residential Address:
260 Main Street, Salem, NH 03079
Subject Premises:
Lot Parcel 71, Lot C, Forest Street, North Andover, MA
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978) 475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)
SHAUNA E. McCARTHY, J.D.
February 19, 2003
Via Facsimile and First Class Mail
Town of North Andover
Zoning Board of Appeals
ATTN: Mitch Glennan
27 Charles Street
North Andover, MA 01845
RE: Comprehensive Permit Applications
39 Forest Street, North Andover, MA — Map 105D
71 Forest Street, North Andover, MA — Map 105D
Applicant: Forest Glen Development, Inc.
Dear Mitch:
Paralegals
KATHRYN M. Mt
LIANNE CRIST.
JOAN H. I
Enclosed please find Amended Application page for each of the above -referenced
matters. As we discussed, the sole amendment to these applications will correct a
typographical error at Section 2(b) of application page 5 of 8 changing the frontage of the
affected property from the East side to the West side of Forest Street. Please accept this
letter and the two enclosed amended application pages as a formal amendment to the
applications correcting the typographical error as to the orientation of the frontages of the
respective properties.
Thank you for your assistance and cooperation.
Very truly yours,
LAW OFFICE OF �--
MARK B. JOHNSON
onald F. Borenstein
DFB : dra
Cc: Forest Glen Development, Inc.
�; William MacLeod
i
U�e v-DocsTorest Glen Dev, InC102. 308 Forest Street Comp Permitlglennan 021903.doc
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978) 475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)
SHAUNA E. McCARTHY, J.D.
February 19, 2003
Via Facsimile and First Class Mail
Town of North Andover
Zoning Board of Appeals
ATTN: Mitch Glennan
27 Charles Street
North Andover, MA 01845
RE: Comprehensive Permit Applications
39 Forest Street, North Andover, MA — Map 105D
71 Forest Street, North Andover, MA — Map 105D
Applicant: Forest Glen Development, Inc.
Dear Mitch:
Paralegals
KATHRYN M. M1
LIANNE CRIST.
JOAN H. I
Enclosed please find Amended Application page for each of the above -referenced
matters. As we discussed, the sole amendment to these applications will correct a _
typographical error at Section 2(b) of application page 5 of 8 changing the frontage of the
affected property from the East side to the West side of Forest Street. Please accept this
letter and the two enclosed amended application pages as a formal amendment to the
applications correcting the typographical error as to the orientation of the frontages of the
respective properties.
Thank you for your assistance and cooperation.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSQN
77
`Donald F. Borenstein ------
DFB:dra
Cc: Forest Glen Development, Inc.
ij_j.
William MacLeod
elv_DocsTorest Glen Dev, InCt02. 308 Forest Street Comp Permitlglennan 021903.doc
FEB -19-2003 WED 12:17 PM MARKJOHNSON FAX N0, 9784756703
LAW OFFICE OF
MARK 13. J01-1NSON
12 Cltcs(nut street
An(lovzr, M,Issuchusctts 01810.3706
(978) 475-1488
Tcluopicr. (978) 475-6703
MARK H. JOHNSON (AIA, NII, I)(')
LINDA A. O'C)NNlii.l. (MA, NI I, 10)
DONAH) f. 11011I,Nill1N.(MA,NIG)
MR 110.1 (i. FURIDNII (MA)
SI)AUNA F. Mcl'Alt I'IIY,1.1).
February 19, 2003
Via 1"oesinrile mitt 671.0 (Yuss Mail
Town ol'Nol'tl) Andover
Zoning Board ell' Appuls
ATTN: Mitch Cicnuan .
27 Chalks Sircct
North Arulovcr, MA 01845
RE: C:ompi-dicasivo Permit Applications
39 Forost ,Sim( Norlh Andover, MA .- Map 105D
71 forest. Street, North Andover, MA — Mil) 105D
Applicant: l,orest Gicn Dcvelopnlellt, lac.
Dcar Mitch:
P. 02/04
)'a�'alrgals
XATHRYN M, MOON
I.IANNI: (:It IS I'A Ln1
JUAN II UUI•P
Enclosed please find Amcndcd Application page for each of the ahovc-rcfcrcrlccA
matters. As we discussed, tile sole amendment to these applications will correct a
typo" raphical error nt Section 2(b) of application page; 5 of 8 changing the fi'ont;lge of the
nflected properly from the Bast side to the West side of Forest Street. Please accept this
teller tmd the two enclosed amended application pngcs as a fomial amendment to the
appllctilions correctint the typogniphic•al error is to the orientation of the frontages of the
respccllvo pi-opel'ties,
Thank YOU 1'or your assistance arid cooperation.
i1Cll Dcvcloplllent, Inc.
M ac I xod
ir.02300f0q0:1Sh aelcuip Put Nylannm0219ndcK
Very truly yours,
LAW OFF[CE OF -`
MARK B, ,JOHNS N
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VIASSHOUSING
Massachusetts Housing finance Agency
One Beacon Street, Boston, MA 02108
TEL; 617.854.1000 I fnx: 617.854.1029
TDD:617.854.1025 www.masshousing.com
December 9, 2002
Gerald E. Welch, President
Forest Glen Development, Inc.
136 Middlesex Street
North Andover, MA 01845
Re: Forest Glen Condominium II, North Andover
PE -58
Project Eligibility (Site Approval) Application
Dear Mr. Welch:
NORi6O
H ARpOV ARPIAGER
OffI E Of _K M
;,,, , N _f
C . P:ED
DEC 2 0 2002
Community Development
and se!vices
P
i
This letter is in response to your application for a determination of Project Eligibility (Site Approval)
pursuant to Massachusetts General Laws Chapter 40B and 760 CMR 30-31 (the "Comprehensive Permit
Rules") under the Housing Starts Program (the "Program") of the Massachusetts Housing Finance
Agency ("MassHousing"). The proposal is to build 4 condominium units (the "Project") on
approximately 1 acre of land on Parcel 71(Lot C) Forest Street, North Andover (the "Site"). The land is
currently undeveloped and located in a residential neighborhood.
This letter is intended to be a written determination of Project Eligibility (Site Approval) in accordance
with the Comprehensive Permit Rules, establishing fundability by a subsidizing agency under a low and
moderate -income housing subsidy program. -
MassHousing staff has performed an on-site inspection of the Site and reviewed the pertinent
information submitted by the applicant for the Project in accordance with the Comprehensive Permit
Rules. As a result of our review, we have made the following findings: (1) the proposed housing design
is generally appropriate for the Site; (2) the proposed Project appears financially feasible within the
housing market in which it will be situated based on comparable sales figures; (3) an initial pro forma
has been reviewed and the Project appears financially feasible on the basis of estimated development
costs; and (4) the developer meets the general eligibility standards of the Program. In addition, it
appears that the applicant will be eligible to form an entity or use an existing entity to act as, a limited
dividend organization in connection with an application for MassHousing financing and a
Comprehensive Permit under the Program.
DEC 02002
BOARD OF APPEALS Jane Swift, Governor Michael J. Dirrane, Chairman Thomas R. Gleason, Executive Director
Jane Wallis Gumble, Vice -Chair I Robert M. Ruzzo, Deputy Director
Page 2
Forest Glen Condominium II, North Andover
PE -58
Staff has also determined that the Project appears generally eligible under the requirements of the
Program, subject to final review of eligibility and to final approval. These requirements include the
following:
1. The developer must offer a minimum of 25% of the units as affordably priced housing units
enabling families with a gross annual income of 80% of the area median income to qualify to
purchase the unit under generally accepted mortgage loan underwriting standards.
The most recent income limits as published by the U.S. Department of Housing and Urban
Development (HUD) indicate that 80% of the current median family income for North Andover
is $53,920.
2. The affordable units will be governed by a Deed Rider ensuring the units remain, affordable to
future buyers, for a minimum of 30 years.
3. The developer must be a limited dividend organization and agree to limit the profit on the
development to not more than 20% of the project's total development costs.
4. The developer must enter into a Regulatory Agreement with MassHousing and the Town of
North Andover stating specific requirements that must be met to comply with the
Comprehensive Permit Rules.
5. The developer must comply with MassHousing's Acquisition Value Policy, which is attached as
Exhibit "A".
The following issues should be addressed and fully explored in the public hearing process:
1. Whether or not the development will comply with all statutory and regulatory restrictions and
conditions relating to protection of drainage, wetlands, vernal pools and wildlife habitats and
nearby conservation areas, if applicable to this Site, except to the extent waived by the
municipality.
2. Whether or not the development will comply with Title V regulations regarding the design and
construction of individual wells, septic systems and wastewater treatment plants if applicable to
this Site, except to the extent waived pursuant to Title V.
3. Whether or not there is adequate parking provided for the dwelling units given the absence of on -
street parking on Forest Street.
4. Whether or not a traffic study is required to determine if adequate site -turning distance is
provided for public safety purposes prior to entering Lot C.
Page 3
Forest Glen Condominium II, North Andover
PE -58
This approval is expressly limited to the development of no more than 4 homeownership units under the
Program, with not less than 1 of such units designated as affordable homeownership units for low and
moderate income persons or families under the terms of the Program. It is not a commitment or
guarantee of MassHousing's financing and does not constitute a site plan or building design approval.
Should you consider the construction of additional units, you will be required to submit a new Project
Eligibility (Site Approval) application for review by MassHousing.
This approval will be effective for a period of two years from the date of this letter. Should construction
not commence within this period or should the effective period of this letter not be extended in writing
by MassHousing, it shall be considered to have expired and no longer be in effect. In addition, we are
requiring that MassHousing be notified at the following times throughout this two year period: (1) when
the applicant applies to the local ZBA for a comprehensive permit, (2) when the ZBA issues a decision,
and if applicable, (3) when any appeals are filed.
If you have any questions concerning this letter, please contact Richard Herlihy at 617-854-1335.
Page 4
Forest Glen Condominium II, North Andover
PE -58
Exhibit "A"
Acquisition Value Policy
The maximum permissible acquisition value which can be included in the Development Budget for a
Construction Loan application will be limited to the lesser of-
a.
f
a. the "as is" appraised market value of the land and improvements, as estimated by the
MassHousing Home Ownership Department at the time of loan commitment, and subject to
confirmation by an MassHousing-commissioned independent appraisal prior to loan closing; or
b. the purchase price of the land and improvements in the last arm's length transaction, if any,
within the last three years, plus (i) reasonable and verifiable costs of property improvements
made subsequent to the above acquisition and/or (ii) reasonable and verifiable carrying costs
related to the land and improvements, such as interest, taxes and insurance.
Special Restrictions for Comprehensive Permit Developments
In addition to the above -noted acquisition policy, developments which have received a comprehensive
permit will be subject to the following restriction:
Economic benefits of the comprehensive permit shall accrue to the development and shall
not be used to substantiate an acquisition cost that is unreasonably greater than the
current appraised fair market value under existing zoning without a comprehensive
permit in place.
This restriction will be applied regardless of ownership transfers which might take place during the
development process.
Mark H. Rees
Town Manager
October 18, 2002
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Mr. Richard Herlihy, Development Officer P -J
Massachusetts Housing Finance Agency
One Beacon Street
Boston, MA 02108
RIs: Project Eligibility Letter — Forest Glen Condominium I — PE -57
Dear Mr. Herlihy:
Telephone (978) 688-9511
FAX (978) 688-9556
We are in receipt of your letter dated September 23, 2002 whereas Forest Glen Development is requesting
funding from your institution through the Housing Starts program for an 8 unit development on Forest
Street in North Andover, Massachusetts.
It is important to note we did not receive any documentation on the project, other than the plans received
from the applicant, as listed below:
• Plan entitled "Preliminary Site Plan for Comprehensive Permit application, Forest Glen
Condominiums, North Andover, Massachusetts", dated March 5, 2002 prepared by
Andover Consultants, Inc.; and
• Plans entitled "Front, Leff, Right & Rear Elevation, First Floor Plan, Second Floor Plan
& Elevation Plan" prepared by Bernard, dated 1/16/02.
Pursuant to your request, below listed please find our comments relative to the proposed project.
1. Adequacy of Proposed Septic System.. It is unclear if the septic system for each 4 unit building
is adequate to accommodate each unit containing 2 bedrooms. The septic system, as proposed, appears
to be larger than each 4 unit dwelling. The applicant will need to provide more concise details to the
Public Health Director, and the Board of Health, to ensure that the septic system is reviewed and
approved in accordance with Title V Regulations.
2. Proposed Parking for Dwelling Units: The plans depict one parking space for each
townhouse proposed within the dwelling. It is a major concern that ample parking be provided as Forest
Street is a narrow street that will not accommodate on-street'parking As such, it is fairly obvious that
a 2 bedroom dwelling unit should contain at least a minimum of two parking spaces per unit. Therefore,
we believe the parking spaces should be increased to provide for a realistic amount of parking within the
parcels that the dwellings are located on.
E�WE
BOARD OF APPEALS
n
3. Water: The plans depict a proposed 12" water line with a proposed hydrant and gate valve for
the proposed dwellings. These proposed utilities will need to be reviewed by the Department of Public
Works and Fire Department when the applicant provides more detailed information to each of the
respective departments to ensure water capacity, flow, etc.
4. Traffic: As stated above, Forest Street is an existing town street that is very narrow. The
applicant will need to provide site distance details and criteria. One major area of concern is that prior
to approaching Lot C via a right-hand turn, there is a very sharp curve on Forest Street that a motor
vehicle will have just driven through. It is important to ensure that adequate site -turning distance is
provided for public safety purposes prior to entering Lot C.
The above comments essentially summarize the town's concerns at this point of the project. The town
has not received any pro -forma information, and again, has essentially only received the bare minimum of
information that was provided by the applicant on the submitted plans. However, the town anticipates if
the .applicant receives funding from your institution that when an official application is filed with the
Zoning Board of Appeals, the town will work closely with the applicant to ensure the proper
documentation is received to ensure a thorough review on behalf of the town.
We thank you for providing us with the opportunity to comment.
Sino,7ly,
Kosemary Smed e
Chairperson, North Andover Board of Selectmen
cc: Gerard- E. Welch, Inc.
130 Middlesex Street
North Andover, MA 01845
Heidi Griffin, Community Development Director
North Andover Zoning Board of Appeals
North Andover Planning Board
North Andover Conservation Commission
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Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Comnussioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk
Telephone (978) 688-954 ` -- _
Fax (978) 688-954: -
Notice of Decision
Year 2003 _
Property at: for premises at: Lot C, Forest Street
NAME: Forest Glen Development, Inc.
HEARING(S): 3/11/03 (Legal notice only)
& 11/18/03
ADDRESS: for premises at: Lot C, Forest Street
PETITION: 2003-009
North Andover, MA 01845
TYPING DATE: November 24, 2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, the 18th of
November, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application
of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box 248, North Andover, MA for the
premises at Lot C, Forest Street, North Andover, MA (Map 105D, Parcel 71). The Application is
pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for the construction of 4 units of housing
of which 25% or 1 unit will be an affordable unit and seeks relief in order to be economically viable and to
exempt the proposed development from local requirements and regulations that are not consistent with
local needs. The units are to be sold or rented to moderate -income persons meeting the eligibility guidelines
established by the Massachusetts Housing Financing Agency (MassHousing). The legal notice was
published in the Eagle Tribune on February 24 & March 3, 2003. The legal notice was read in the March
11, 2003 meeting and the applicant requested the Board to continue the hearing to the April 16th , the May
15`h, the June 10'h, the July 8'h, the August 12t°, the September 9`h, and the October 146 meetings.
The following members were present to hear the applicant withdraw without prejudice: William J.
Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse.
Upon a motion by Walter F. Soule and 2nd by Ellen P. McIntyre, the Board voted to allow the petitioner to
WITHDRAW WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter
F. Soule, John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse.
Town of North Andover
Board of Appeals,
,I
f
William J. ullivan, Chairman
Decision 2003-009. r
M105DP71- y
_.1 -
Board of Appeals 978-688-9541 Building 978-68819545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover pORT/{
Office of the Zoning Board of Appeals
0 1
Community Development and Services Division
*�
27 Charles Street �` ° .=R• 4r
North Andover, Massachusetts 01845 CHU
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk
Telephone (978) 688-9541
Fax (978) 688-9542
Notice of Decision
Year 2003
Property at: for premises at: Lot A, Forest Street
NAME: Forest Glen Development, Inc.
HEARING(S): 3/11/03 (Legal notice onl
&11/18/03 0
ADDRESS: for premises at: Lot A, Forest Street
PETITION: 2003-008 crl
North Andover, MA 01845
TYPI-NG DATE: Nov. 24, 2003
The North Andover Board of Appeals.held a public hearing at its regular meeting on Tuesday, the 18`j' of
November, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application
of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box 248, North Andover, MA for the
premises at Lot A, Forest Street, North Andover, MA (Map 105D, Parcel 39). The Application is
pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for the construction of 4 units of housing
of which 25% or 1 unit will be an affordable unit and seeks relief in order to be economically viable and to
exempt the proposed development from local requirements and regulations that are not consistent with
local needs. The units are to be sold or rented to moderate -income persons meeting the eligibility guidelines
established by the Massachusetts Housing Financing Agency (MassHousing). The legal notice was
published in the Eagle Tribune on February 24 & March 3, 2003. The legal notice was read in the March
11, 2003 meeting and the applicant requested the Board to continue the hearing to the April 16'h , the May
15th, the June 10f, the July 8 , the August 12`h, the September 9d', and the October 14d' meetings.
The following members were present to hear the applicant withdraw without prejudice: William J.
Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse.
Upon a motion by Walter F. Soule and 2nd by Ellen P. McIntyre, the Board voted to allow.the petitioner to
WITHDRAW WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter
F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse.
Town of North Andover
Board of Appeals,
William J. S llivan, Chairman
Decision 2003-008.
M105DP39.
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
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Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
., Fl,o nfgnn of the Tnwn C leTk
Notice of Decision
Year 2003
Telephone (978) 688-9541
Fax (978) 688-9542
Pronertv at: for premises at: Lot A. Forest Street
uNAME:vv v Forest Glen Development, Inc.
HEARING(S): 3/11/03 (Legal notice' on
& 11/18/03
ADDRESS: for premises at: Lot A, Forest Street
PETITION: 2003-008 (JI
North Andover, MA 01845
TYPING DATE: Nov. 24, 2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, the 18"' of
November, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application
of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box 248, North Andover, MA for the
premises at Lot A, Forest Street, North Andover, MA (Map 1051), Parcel 39). The Application is
pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for the construction of 4 units of housing
of which 25% or 1 unit will be an affordable unit and seeks relief in order to be economically viable and to
exempt the proposed development from local requirements and regulations that are not consistent with
local needs. The units are to be sold or rented to moderate -income persons meeting the eligibility guidelines
established by the Massachusetts Housing Financing Agency (MassHousing). The legal notice was
published in the Eagle Tribune on February 24 & March 3, 2003. The legal notice was read in the March
11, 2003 meeting and the applicant requested the Board to continue the hearing to the April Ie , the -May
15th, the June l0d', the July 8ffi, the August 12`h, the September 9,h, and the October 14d'. meetings.
The following members were present to hear the applicant withdraw without prejudice: William J.
Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse.
Upon a motion by Walter F. Soule and 2nd by Ellen P. McIntyre, the Board voted to allow the petitioner to
WITHDRAW WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter
F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse.
Town of North Andover
Board of Appeals,
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
TO:
FAX TRANSMISSION
e
Telephone (978) 688-9541
Fax (978) 688;9542
_ 1
FAX NUMBER: 7 2 f V /
c� 0�
FROM: Town of North Andover
Zoning Board of Appeals
27,Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-9542
PHONE: 978-688-9541
NUMBER OF PAGES: _ t
DATE:
SUBJECT:
Fp rnf S'i't aJ
Lof
A
7 U 6
REMARKS:
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover f NORTH
Office of the Zoning Board of Appeals 3? •:` "'' `
0
Community Development and Services Division
27 Charles Street "
North Andover, Massachusetts 01845 �'SScwug%
D. Robert Nicetta
Building Commissioner
TO:
FAX TRANSMISSION
A e -i
Telephone (978) 688-91541
Fax (978) 688,-9542
FAX NUMBER: 2-74,.— q j�7 J 6,% o
FROM: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-9542
PHONE: 978-688-9541
NUMBER OF PAGES: 7
DATE: I ) - -,�- 03
SUBJECT: E2 Yej
rc, Ave - 003
;)-oo 3 - 0 3�
-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
HP Fax K1220xi
Log for
NORTH ANDOVER
9786889542
Dec 02 2003 5:45pm
Last Transaction
Date Time Type Identification Duration Pages Result
Dec 2 5:39pm Fax Sent 89784756703 3:30 9 OK
�f� 00."c,I6")
NOV-19-2003 WED 04:13 AM.MARKJOHNSON FAX N0, 9784756703 P. 02
LAW OFFICE OF
MARK B. JOHNSON
12 Chestrn)t street
Andover, Massachuwth 01810-3706
(978)175-988
tdec:opicr. (1)7x)475-6703
jh�r;ilc�;.►I,c
MARK D. J011N5oN IMA, NI I, I)(:) KATI It(YN M. MORIN
LINDA A. O'CONN111, (MA, N11, RI) LIANNG CHISTAI DI
IX.')NALO 1. rJORENSTEV (MA,W) JOAN I1. DUIT
MICIIA11s1. U. FURLONG (MA) MlClfl'I.t:G.JnNIKAS
JAWS TIONFAN'11 (MA)
8I IAUNA I:, h1XAR 1'I IY, J.I7.
November 18, 2003
Via Eac simile: 1, 978, 688.954.2
Norilt Andover Zoning Board of Appeals
Altcntion: Mitch Glennon
27 (h:u•lcs Street
Nordv Andover, MA 01845
Rc: Comprehcusive Permit Applications
2-c�fl3_ d� =4 Progxu�ties: Lot A and Lot C Forest Street, North Andover, MA
Ov A.ppjicaut: Forest (filen Devolopmen, lnc.
Re: Variance, Special Permit and Findings Applications
Properties: Lot A and Lot C Forest Street, North Andover, MA
o a! .=,4 Z�p, wLmt: - >'e st Glen . velopment It)c._,-
oa0-�-YC,
Doar Board Members:
Tfic Applickmt will be withdrawing; the above. Comprehcusive Permit
Applications at tonight's heeling.
Very truly yours,
LAW O1'"FICE OF
MARK B. JOHNSON
Donald F. I3orenstein
i)I�13�.k1U
pC: Forest (;loin Devolopmonl, I11c.
!_ - ij rv,
pccaaui.:.fr:nJWON3009)w%t:4,:Irm,yp4-ih'hT1V11•10-03da
DI -
j b
BOAIi) GP- APPEALS.
HP Fax K 1220xi
Last Transaction
Date
Time
Twe
Identification
Aug 13
3:10pm
Fax Sent
89784756703
Log for
NORTH ANDOVER
9786889542
Aug 13 2003 3:1lpm
Duration Pages Result
1:36 5 OK
Town of North Andover
Office of .the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
TO:
FAX TRANSMISSION
�G I
FAX NUMBER: � 1 � _ q % ~ 00i
Telephone (978) 688-9541
Fax (978) 688-9542
FROM: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-9542
PHONE: 978-688-9541
NUMBER OF PAGES: ;—
DATE: 00' )3–D-3
SUBJECT: f ra a.,t 4(eci �.e y✓a 11 ✓�
� nT l/Vqi✓P__
Lo f G �YIaw
REMARKS:
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
DATE: June 10, 2003
27 Charles Street
North Andover, Massachusetts 01845
MEMORANDUM
TO: North Andover Zoning Board of Appeals
FROM: Julie Parrino, Conservation Administrator
SUBJECT: Forest Street Affordable Development
Telephone (978) 688-9530
Fax (978) 688-9542
I have inspected the two properties proposed for development of multifamily
affordable units off Forest Street. During my field inspection, I did not observe the
presence of wetland resource areas subject to protection under the Massachusetts
Wetland Protection Act and/or North Andover Wetland Protection Bylaw. In addition,
the property does not appear to be mapped within the 100 year floodplain elevation or
within estimated habitat of rare wetlands wildlife.
CC: NACC
Heidi Griffin, Community Development Director
�MCC d W E
JUN 10 2003
D
BOARD OF APPEALS 688-9541
BOARD OF APPEALS
BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 0184
Julie Parrino5
Conservation Administrator
4
MEMORANDUM
DATE: June 10, 2003
TO: North Andover Zoning Board of Appeals
FROM: Julie Parrino, Conservation Administrator
SUBJECT: Forest Street Affordable Development
Telephone (978) 688-9530
Fax (978) 688-9542
I have inspected the two properties proposed for development of multifamily
affordable units off Forest Street. During my field inspection, I did not observe the
presence of wetland resource areas subject to protection under the Massachusetts .
Wetland Protection Act and/or North Andover Wetland Protection Bylaw. In addition,
the property does not appear to be mapped within the 100 year floodplain elevation or
within estimated habitat of rare wetlands wildlife.
CC: NACC
Heidi Griffin, Community Development Director
CE9WE
JUN 1 0 2003
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540. PLANNING 688-9535
BOARD OF APPEALS
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978)475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)
SHAUNA E. McCARTHY, J.D.
June 4, 2003
D. Robert Nicetta, Building Commissioner
Building Department
Town of North Andover
27 Charles Street
North Andover, MA 01845
Re: Lot A and Lot C Forest Street, North Andover, MA
Dear Mr. Nicetta:
Paralegals
KATHRYN M. MORIN
LIANNE CRISTALDI
JOAN H. DUFF
MICHELE C. JONIKAS
As you know, I represent Forest Glen Development in connection with the above -
referenced properties. Pursuant to an agreement reached with abutters to the property,
Forest Glen intends to file variance applications for development of a single family home
on each lot. To the extent necessary, would you please provide confirmation of your
denial of the construction of such dwellings on the above -referenced parcels, in advance
of the Zoning Board's next filing deadline of June 12, 2003.
If you need any further information, please do not hesitate to contact me.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
�-Donald F. Borenste'
cc: Forest Glen Development
�L�C�MC�r'
JUN 11012 003 U
F:1New-D=Torest Glen Dev, Inc102-308 Forest Street Comp PermMicetta Itr 6.03.03.doc
BOARD OF APPEALS
D
MAY 1 2003 FOREST STREET NEIGHBORHOOD ASSOCIATION, INC.
c/o Charles Foster, Treasurer
BOARD 0� APPEALS 754 Forest Street
N. Andover, MA 01845
May 15, 2003
n- T"T--M'--rs of the North Andover Board of Appeals:
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the Forest Street Neighborhood Association, Inc., we respectfully request that the
ger Board of Appeals grant a continuance of the public hearing on the comprehensive
.ation submitted by Forest Glen Development, Inc. for a proposed development off
;et, North Andover, Massachusetts, to a date certain in June or July, 2003. The
znderstands that the applicant will be requesting said continuance.
ion understands that the applicant for the comprehensive permit is considering
;velopment proposals for the two parcels in question.
ring and application history of these parcels and the impact of the proposed
ve permit application upon the neighborhood, the Association believes it in the best
ie Town to afford the applicant additional time to discuss alternatives for the two
both the neighborhood and the Board of Appeals.
lly ask that the Board continue the public hearing in this matter to a date certain.
-ry much.
the Forest Street Neighborhood Association, Inc.
769 Fore
1� Q G%re� �irec-fes-� 790 Forest
ores st,
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Fax# �Fax#
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978) 475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)
SHAUNA E. McCARTHY, J.D.
May 15, 2003
Via Hand Delivery
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: Comprehensive Permit Applications
Lot A and Lot c Forest Street, North Andover, MA
Applicant: Forest Glen Development, Inc.
Dear Board Members:
Paralegals
KATHRYN M. MORIN
LIANNE CRISTALDI
JOAN H. DUFF
MICHELE C. JONIKAS
TRACI JAYE TUTTLE
I represent the Applicant, Forest Glen Development, Inc. As you know, Forest
Glen has two applications for the issuance of comprehensive permits for the above -
referenced Forest Street properties ("Properties") pending with the Board. These
applications are scheduled for a continued hearing with the Board for this evening.
Since filing of its applications, Forest Glen has been approached by an
organization of concerned areas residents ("Residents") and their counsel, Attorney Jon
Witten of Duxbury, Massachusetts. These residents have proposed that Forest Glen
pursue approval for an alternative development of each the Properties as single-family
home sites. Forest Glen and these residents are actively engaged in the negotiation of
terms that, if reached, would result in Forest Glen filing alternative applications with the
Board for development of single-family homes on each of the properties, as requested by
the Residents and, if all necessary approvals are ultimately obtained for such alternative
development, would result in the withdrawal of the comprehensive permit applications.
To accommodate that process and the expected terms to be reached between
Forest Glen and the Residents, Forest Glen requests, with the Residents' support, that the
Board take the following actions and make the following votes at this evening's meeting:
Finding that the Department of Housing and Community
D Development's Regulation regarding "Related Applications", 760
MAY 1 2003
BOARD OF AR1RJ $brest Glen Dev, In602-308 Forest Street Comp Permiftba-Itr 5-15-03.doc
May 15, 2003
Page 2
CMR 31.07(h) and the 12 -month waiting period imposed thereby
would not be triggered by Forest Glen's future filing of
applications for single-family development of the Properties as
anticipated by Forest Glen and the Residents. A copy of that
Regulation is attached hereto.
2. Vote to continue the Board's hearings on Forest Glen's
comprehensive permit applications to the Board's next regularly
scheduled meeting, to allow for Forest Glen and the Residents to
reach final terms of their cooperation agreement and to allow
Forest Glen time to file appropriate variance applications with the
Board proposing the single-family development requested by the
Residents.
Thank you for your cooperation and consideration in these regards.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
ebonald F. Boren,
DFB—klb
PC: Forest Glen Development, Inc.
Jon Witten, Esquire
FANew-DocsTorest Glen Dev, Inc102-308 Forest Street Comp PermiAzba-Itr 5-15-03.doc
760 CMR 31 Page 12 of 21
g agency has denied a waiver, shall create a rebuttable presumption that
the condition of the Board makes the project uneconomic.
(g) Large Scale Project - A decision by the Board to deny a
comprehensive permit application or grant a permit with conditions shall
be consistent with local needs if:
1. in a municipality which has a total number of 7500 or more
housing units as enumerated in the latest available United States
Census, the application for a comprehensive permit involved
construction of more than 300 housing units or a number of housing
units equal to 2% of all housing units in the municipality, whichever
number is greater; or
2. in a municipality which has between 5,000 and 7,500 housing
units exclusive, as so enumerated, the application for a
comprehensive permit involved construction of more than 250
housing units; or
3. in a municipality which has between 2,500 and 5,000 housing
units inclusive, as so enumerated, the application for a
comprehensive permit involved construction of more than 200
housing units; or
4. in a municipality which has less than 2,500 housing units, as so
enumerated, the application for a comprehensive permit involved
construction of more than 150 housing units.
(h) Related Applications - A decision by the Board to deny a
comprehensive permit or grant a permit with conditions shall be
consistent with local needs if 12 months has not elapsed between the
date of application and any of the following:
1. the date of filing of a prior application for a variance, special
permit, subdivision or other approval related to construction on the
same land if that application included no low or moderate income
housing,
2. any date during which such an application was pending before a
local permit granting authority,
3. the date of disposition of such an application, or
4. the date of withdrawal of such an application.
An application shall not be considered a prior application if it concerns
insubstantial construction or modification of the preexisting use of the
land.
4
http://www.state.ma.us/dhcd/regulations/76003 LHTM 4/16/03
APR -15-2003 TUE 04:32 PM MARKJOHNSON FAX NO, 9784756703 P. 02
I.AW O1TICC OF
MARK B. JOHNSON
12 Chestnut Strect
Andover, Mas,nchusettc 01810-3706
(978) 475-4488
Tciccopier: (978) 475.6103
MAIM( 11. )O1INSUN (MA, Nil, UC)
LINDA A. O'CONNEL.L (MA, Nil, K0
C>!)NA11) P. Isgl(I.,NSTION (MA, ME)
MICI►Aki. 0. FURI-ON(i (MA)
N11AUNA I;. MCCAR111Y, ).u.
April 15, 2003
Vin Tnesimile: 978.688.9542
And First Class Mail
7ooinS Board of Appc ils
27 Ch.irles Street
North Andover, MA 01845
Re: Cornprellensive Permit Application
39 and 71 Forest Street, North Andover, MA
licant:_Forest C- len Development. Inc.
Dear Sir/Madam:
1!ar;tlt :d.
KA I OHYN M. MORIN
HANNI; Clip CALM
MAN 11. DUFF
MICIICLEC, JONIKAS
TRACI.IAYF "11)'1"l'Ll:
The above -captioned matter is scheduled before the Toning Board on Wednesday,
April 16, 2003. This lciter is to request that said hearing be continued until the Board's
next nv;►ilahle meeting. Please contact ine if the Board requires the execution of any
Vorther documentation in connection with this request or ifany attendance at the meeting
by the applicarit will be necessary.
•lliank you kir your cooperation in this regard.
Very truly yours,
JAW OFFICE OF
MARK B. JOHNSON
` Donald 11.3 rens ci�r
DIB --Mb
arc: Forest filen, Inc.
Charles Poster, Esgnire
D
prw �w,:,U`p c:� GtoA (rCv. I�ceW4 SDB Forocl Sects Crony PNmUrQba.W 4.15 01 Aut
APR t 2003
BOARD OF APPEALS
APR -16-2003 WED 11:08 AM MARKJOHNSON FAX NO, 9784756703 P. 02
rlpr lb uJ utp: cua nUK l n rinuuvr:n J! VOV4JJ tF r+.
Town of North Andover I %k*Fl ,4
Office of the Zoning Board of Appeals
Community Development and Services Division •
7.7 Charles Street
North Andover, Massachusetts 01845
1), Rohca Nicetta Telephone (978) 688-9541
lltlilrfiag CuRuili.ssionerr Fax (978) 688-9542
Yate A r L 16,E oo 3
'1'owti of North Andover
Zoning Board of Appeals
21 Chules Street
Norch Andover MA 01845
Please be advised that T have agreed to waive the time constraints r the North
Andover Zoning kioard of Appeals to make a decision regarding the granting of a
Variance
Special Permit,
J -,Comprehensive Permit (40D)
Vinding
for property located at,
S TRUTM e.' 1.—qv —e-10L.—
MEETING DAI'E(S):
NAME Or, PETITIONER:,_,_,
Petitioner (or petitioner's representative)
WAtVFlk
Board eP;�pEnal;: �)8 6ti8 95<<I Sniklino 978.688.9545 Cormmiiirri 976.689-9530 t•la4llh 976 688.9540 Plannin-, 978 688.953S
APR-16-2003 WED 11:08 AM MARKJOHNSON
flpr 16 03 09:20a NORTH ANDOVER
FAX NO, 9784756703
ti'lb btjWdto9G
tt�
P. 03
F-'
'town of North Andover pip*►+
ro`.�'w�e; typo
Office of the Zoning Board of Appeals F - - • y
Community Development and Services Division
27 Chrrk:s Street •�-' `~'`�• '�
'�' ••ter.. �
North Andover, Massachusetts 01845 'Ss�C041
I). %obcrt Nicot.ta Telephone (978) 688-954.1
1jraildigg Commission-ef Fax (978) 688-9542
Date_ G,'Loo'3
1'0: 'Pom of North Andover
Zonille, Buard of Appeals
27 Charlcs Street
North Atidover MA 01845
Please be advised that I have agreed to waive the time constraintAor the North
Andover Zoning Board of Appeals to snake a decision regarding the granting Of 1
Variance
Special Ptxmit,
PP-omprehensive Pent)It (40$)
finding
for property located at:
� 1
TOWN: 4 (.R. a a f-
•t-1��. _
MEETING DATE(S):- too_^�1_�
MAME Or. PETITIONER:
Sandra Starr
Public Health Director
To:
From:
Date:
Subject:
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
INTERNAL MEMORANDUM
Zoning Board of Appeals
Sandra Starr, Health Directr��
March 21, 2003
Forest Street Comprehensive Permit Application
Telephone (978) 68879540
FAX (978) 688-9542
The Health Department has reviewed the application for a comprehensive permit on Lots 39 and
71 Forest Street for two 4 -unit dwellings with eight bedrooms per unit, each on one -acre parcels.
Comments are as follows:
• No official soils tests have been performed on either lot for this project, nor has testing
been requested.
• There is currently no public water supply available in that area of Forest Street. Sites are
served by private wells.
Unless a public water supply is brought to the proposed site, both lots under 310 CMR
15.214(2) would be subject to nitrogen loading limitations. Subsection (2) of 15.214
reads as follows: "No system serving new construction in areas where the use of both
on-site systems and drinking water supply wells is proposed to serve the facility shall be
designed to receive or shall receive more than 440 gallons of design flow per day per
acre from residential uses except as set forth at 310 CMR 15.216 (aggregate flows) or
15.217 (enhanced nitrogen removal)." This would result in limiting the dwellings to
two units per lot.
• The Board of Health would not approve a building permit application until such time as
an approved water supply was installed and operative.
D[ W
MAR 3 1 2002
BOARD OF APPEAL
TOWN OF NORTH ANDOVE.
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Mark H. RP -es -
Town Manager
October 18, 2002
Mr. Richard Herlihy, Development Officer
Massachusetts Housing Finance Agency
One Beacon Street
Boston, MA 02108
RE: Project Eligibility Letter — Forest Glen Condominium I — PE -57
Dear Mr. Herlihy:
Telephone (978) 688-9
FAX (978) 688-955(
We are in receipt of your letter dated September 23, 2002 whereas Forest Glen Development is requesting
funding from your institution through the Housing Starts program for an 8 unit development on Fores
Street in North Andover, Massachusetts. t
It is important to note we did not receive any documentation on the project, other than the plans received
from the applicant, as listed below:
Plan entitled "Preliminary Site Plan for Comprehensive Permit application, Forest Glen
Condominiums, North Andover, Massachusetts", dated March S, 2002 prepared by
Andover Consultants, Inc.; and
• Plans entitled "Front, Left; Right & Rear Elevation, First Floor Plan, Second Floor Plan
& Elevation Plan" prepared by Bernard, dated 1/16/02.
Pursuant to your request, below listed please find our comments relative to the proposed project.
1 _ Adequacy of Proposed Septic System-. It is unclear if the septic system for each 4 unit building
is adequate to accommodate each unit containing 2 bedrooms. The septic system,\as proposed, appears
to be larger than each 4 unit dwelling. The applicant will need to provide more concise details to the
Public Health Director, and the Board of Flealth, to ensure that the septic system is reviewed and
approved in accordance with Title V Regulations_
2. Proposed Parking for Dwelling Units: The plans depict one parking space for each
townhouse proposed within t1f6dwelling_ h is a major concern that ample parking be provided as Forest
Street is a narrow street that will not accommodate on-strewparking_ As such,it is fairly obvious that
a 2 bedroom dwelling unit should contain at least a minimum of two parking spaces per unit Therefore,
we believe the parking spaces should be increased to provide for a realistic amount of parking within the
parcels that the dwelli [ r G o6tadU
E 0 W MAR 1 1 2002 g
IC U 1 2 1 2002BOA�� APPEALS
Pi;
t,
3. Water: The plans depict a proposed 12" water line with a proposed hydrant and gate valve for
the proposed dwellings. These proposed utilities will need to be reviewed by the Department of Public
Works and Fire Department when the applicant provides more detailed information to each of the
respective departments to ensure water .capacity, flow, etc.
4. Traffic: As stated above, Forest Street is an existing town street that is very narrow. The
applicant will need to provide site distance details and criteria. One major area of concern is *that prior
to approaching Lot C via a right-hand turn, there is a very sharp curve on Forest Street that a- motor
vehicle will have just driven through. It is important to ensure that adequate site -turning distance is
provided for public safety purposes prior to entering Lot C.
The above comments essentially summarize the town's concerns at this point of the project. The tow \
has not received any pro -forma information, and again, has essenti
information that was provided by the aally only received the bare m. inimu.m of
pplicant on the submitted plans. However, the town anticipates if
the applicant receives funding from your institution that when an official application is filed with the
Zoning Board of Appeals, the town will work closely with the applicant to ensure the proper
documentation is received to ensure a thorough review on behalf of the town.
We thank you for providing us with the opportunity to comment_
Since�ely,
rosemary Smed1'1e
Chairperson, North Andover Board of Selectmen
cc: Gerard E_ Welch, Inc_
130 Middlesex Street
North Andover, MA 01845
Heidi Griffin, Community Development Director
North Andover Zoning Board of Appeals yl
North Andover Planning Board
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APR -15-2003 TUE 04:32 PM MARKJOHNSON FAX N0, 9784756703
LAW OITICE OF
,MURK B. JOHNSON
12 Clresttmit Streel
Andover, Massuchusetts 01810-3706
(978) 475-4488
Tciccopivc (978) 475.6703
MANIC It JOHNSON (MA. Nil. L)C)
LINDA A. WCONNELL (MA, Nl 1, Rq
DONAI1) P. BOR(,NSTION (MIA, Mi..)
6'1101APA, G. 1•'rll%l.(,)N(i (MA)
tiUAUNA I;. MWAR'r11Y, J.D.
April 15, 2003
Vin Tac ►intile: 978.658.9542
Aust First (lass Mail
lowing Board of Appeals
27 C h-irles Strect
North Andover, MA 01845
Re: Comprehensive Permit Application
39 and 71 Forest Street, North Andovcr, MA
Applicant:_Forest Glen DevCloDltlent. Tri
Dear Sir/Machin:
12910
KA I MWN M, MORIN
HANK CBIS I ALL
JUAN 11. DUFF
M1011:11;C. JONIKAS
TRAC I .I AY W1 PITLE
The above -captioned matter is scheduled before the Zoning Board on Wednesday,
April 16, 2003. This Ittter is to request that said hearing be continued until the Board's
next available mcetin8. Please contact me if the Board requires the. execution of any
tirrther documentation in connection will) this request or if any attendance at the nlceliltg
by the iipplicarit will be necessary.
Thank you 6or your cooperation in this regard,
Very truly yours,
T.,AW OFFICE OF
MARK B. JOHNSON _
Donald '1r. BoTem tsin -.
W-B--klb
pe: Forest Glen, Inc.
Charles Foster, Esgnire
N E C E � � E
DinsU'pCbl Gbn OCv. Inr.101998 F'OrE:.I SL•t`rlCmnp PeuhllYbrl74•IS 07 eut
APR 16 2003
BOARD OF APPEALS
APR -16-2003 WED 11;08 AM MARKJOHNSON FAX N0, 9784756703
tlpr lb u:i utn eua nuK I n rtnuuvcn 01 VOVOJJ7L
P. 02
r.C-
Town of North Andover t%op .
Of Eice of the Zoning Board of Appealsr'''Y 4'
Community Development and Services Division • . t •
27 Chirles Street ' �''► '�'
North Andover, Massachusetts 01845 rr�owM�
1), RobcrtNiceUa 'Telephone (978) 689-9541
duilfdiag Convidssionr.r Pax (978) 688-9542
Date�r� ���003
TO: .Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andovcr MA 01845
47
Please b" 1dvised that I havc agreed to waive the time eonstraants r the North
Andover Zoning )Joard oC Appeals to make a decision regarding the granting of a
Wunance
Special Permit,
G_..Eornprehensive Permit (40B)
Vinding
for property located at,
MFE,TiNG DA r -(S): __M 4.5 - , Q f)
NAMH OF PET)"I•IONFR:
Signed: ���-��C,_l.` �✓�r �^ � ...._...
Petitioner (or petitioner's representative)
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APR -16-2003 WED 11:08 AM MARKJOHNSON FAX NO. 9784756703
Apr 16 03 013:20a NORTH ANDOVER :J7UbUUUbge
P. 03
P-3
'Town« of forth .Andover pAp*N
:o•:�i��o; �yoo
Office of the Zoning Board of Appeals
Community I)evelopment and Services Division
27 Charles Street
North Andover, Massachusetts 01845 C %A
I), Robert Nice:tta Telephone (978) 688-9541
Itwildiq Commissioner Fax (978) 688-9542
Date L-1-4-4 200'S
T0: '.11own of North Andover
Zoning Board of Appeals
27 C"..hnrles Sueet
North Andover MA 01845
Please be advised that 1 have agreed to waive the time constraintAor the North
Amiover Zoning Board of Appeals to snake a decision regarding the granting of a
V'V. iance
speci:ll Pormit,
pPomprehensive Permit (40D)
Finding
for property locatedat,
s'nzE T:_�21—� �.� r" cel �� O✓P�, V Pc�
TOWN:
MER' ING DATE(S),_
NAME OF PET1'1'10NUPU, _ --
Petitioner (or petitioner':s representative)
6 --s4 file.- b7 ifs 94 fos,7
WAIVER
r3nnrd of Appe-11" wm 693.95-11 81111ding 976-68a-9545 Cun mAoi+97S 08-9530 Halib 978.688••9540 Phniuri_ 976.681•9535
Town of North Andover ptORTFf
Office of the Zoning Board of Appeals
Community Development and Services Division
k r
27 Charles Street, -
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax(978)688-9542
FAX TRANSMISSION
TO:
FAX NUMBER: - % 03
FROM: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-9542
PHONE: 978-688-9541
NUMBER OF PAGES:
DATE: — (2
SUBJECT: Erye,, (j Ie -,i _I— a o )
REMARKS:
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Board of Appeals 688-9541 Building 688-9545/ Conservation 688-9530 Health 688-9540 Planning 688-9535
HP Fax K1220xi
Last Transaction
Date Time
Twe Identification
Apr 16 9:19am Fax Sent 89784756703
Log for
NORTH ANDOVER
9786889542
Apr 16 2003 9:24am
Duration Pages Result
1:04 3 OK
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Date
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
Telephone (978) 688-9541
Fax 1 (978) 688-9542
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of. Appeals to make a decision regarding the granting of a
Variance
Special Permit;
�Eomprehensive Permit (40B)
Finding
for property located at:
STREET:
TOWN:
MEETING DATE(S):
NAME OF PETITIONER:
Signed:
Petitioner (or petitioner':s representative)
WAIVER
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover o� tXq oT a q�
Office of the Zoning Board of Appeals
Community Development and Services Division _
27 Charles Street
North Andover Massachusetts 01845
D. Robert Nicetta
Building Comm.i,ssioner
Date
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
Telephone (978) 688-9541
Fax . (978)688-9542
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance
Special Permit;
comprehensive Permit (40B)
Finding
for property located at:
STREET: � J C (Povicel 71 ) fnve4: � �Ked
TOWN: Y L OY I o ft �`t�r)� ✓
r
MEETING DATE(S): —100 3
NAME OF PETITIONER:
Signed:
Petitioner (or petitioner's representative)
WAIVER
Board of Appeals 978- 688-9541 .Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
APR -16-2003 WED 11:08 AM MARKJOHNSON FAX NO. 9784756703 P. 01
MARK It JOHNSON (MA, N11, K)
1 INDA A. WCONNIs11 (MA, NH, RI)
DONALD V 1101O.NS I CAN (MA, Mrs)
MlCa1A) 1 G I URLONC, (MA)
SI IADNA L WCARTI IY, ).11
To:
LAW OFFICE, 01'
MARK. 13. JOHNSON
12 Chestnut strCel.
Andover, Massachusetts 01810.3706
(978)475-4488
Telccopicr: (479) 475-6703
Datc: April L6, 200:
FACSIMILE TRANSMISSION CO'VEA SHRET
I?,p•�Irg:�ls
KATITRYN M. MORIN
I,IANN[-. (•;RISTALDI
JOAN 11, MAT
MIC I IH G C.10NOCAS
TKA(.'I )AYP TUTTLE
Mitch 61) 7onina Board of Appeals
Re: 39 and 7,1 forest Street
Receiving Facsimile Number: 978.688.9542_
From: Uonalcl R DorenAein, E:;cu re /K1,13
Sending Facsimile Number: (1)78)475-6703
Number of Pages beiu; transmitted
(including this cover sheet): , _ 3
Mcssage:
this tolceopy is atiornry-client privileged and contains confidential information infeneled
only for the perwon(s) runner! Above. Any other distribution, copying or disclosure is
strictly probibited. If you have received this relecopy in error, please notify us
immediately by Idephone, and re -mm the original transmission to us by mail without
making a copy.
y If problems in transmission are encountored, please contact sender at (978) 475-4188.
APR -15-2003 TUE 04:32 PM MARKJOHNSON FAX NO, 9784756703 P. 01
LAW OfGICE OF
MARK B. JOUNSON
) 2 Chestnut street
Andover, 1VIassschusctLY 01810-3706
(978)475-4488
'fdccopicr! (978) 475-003
i?(Ita lcl,:d
MARK B..IgUNSON (MA, NI I, 0C) KAT IRYN M. MORIN
I IVDA A o'CONNEi I, (MA, NII, It)) I (ANNE cros'w DI
DONAI it F I10KI:N5TFIN (MA, MI?) JUAN II. IIUIT
MICI Ilii,11 C. JUNIKA`
pelCIlAII(i.1-041JONG (MA)
11tA('tJAY I:I'I1') fl_ii
sliAt1NAF WCARI'IIY,J,I.).
Date: Apri,115.2()U3
FACSTMILE TRANSMISSION COVER SHEET
'('o: 7,otii.ii , l-oard of A}l►eals_
Re. 39y nd 71 Forest Street, North Andovor, MA
Receiving Facsimile Number: 2-780q&9542
From: Donald F.13ot.cns ein �stittire w 11,13
Sernlinb Facsimile Number: L978) 475-6703
Number of Pages being transmitted
(ificludiag this cover sheet):
Message,
771is trlecopy is attorney-client privileged and contains confidential informcnion intended
only fir the person(v) named above. Any other distribution, copying or disclosure b,
strietty prohibited. If you have received this telecopy in error, please notify trs
i+>+i,tc'clicttc'ly by telephone, and return the original transmission to its by snail without
Inaking 11 Copy
If probi. u s in trausmissian are encountered, please contact sender at (978) 475-4488.
APR 16 2003 U
BOARD OF APPEALS
Sandra Starr
Public Health Director
To:
From:
Date:
Subject:
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
INTERNAL MEMORANDUM
Zoning Board of Appeals
Sandra Starr, Health Direct4o`
f,.
March 21, 2003
Forest Street Comprehensive Permit Application
Telephone (978) 68879540
FAX (978) 688-9542
The Health Department has reviewed the application for a comprehensive permit on Lots 39 and
71 Forest Street for two 4 -unit dwellings with eight bedrooms per unit, each on one -acre parcels.
Comments are as follows:
• No official soils tests have been performed on either lot for this project, nor has testing
been requested.
• There is currently no public water supply available in that area of Forest Street. Sites are
served by private wells.
• Unless a public water supply is brought to the proposed site, both lots under 310 CMR
15.214(2) would be subject to nitrogen loading limitations. Subsection (2) of 15.214
reads as follows: "No system serving new construction in areas where the use of both
on-site systems and drinking water supply wells is proposed to serve the facility shall be
designed to receive or shall receive more than 440 gallons of design flow per day per
acre from residential uses except as set forth at 310 CMR 15.216 (aggregate flows) or
15.217 (enhanced nitrogen removal). " This would result in limiting the dwellings to
two units per lot.
• The Board of Health would not approve a building permit application until such time as
an approved water supply was installed and operative. ,
LIAR 3 1 2002
BOA OF APPEAL
HP Fax K1220xi
Log for
NORTH ANDOVER
9786889542
Mar 25 2003 1:27pm
Last Transaction
Date Time Type Identification Duration PaWes Result
Mar 25 1:25pm Fax Sent 89787944798 1:53 2 OK
���y� Geer T ��
� - �-y -- 0-3
Glennon, Michel
From: McIntosh, Timothy [TMclntosh@VHB.com]
Sent: Tuesday, March 25, 2003 12:11 PM
To: Michel Glennon
Subject: RE: Review estimate - Forest Glen I and II
Will do.
-----Original Message -----
From: Michel Glennon [mailto:mglennon@townofnorthandover.com]
Sent: Tuesday, March 25, 2003 12:06 PM
To: McIntosh, Timothy
Subject: RE: Review estimate - Forest Glen I and II
Hi Tim; The invoice is fine, but the signature and title are spotty. Perhaps the fax would
do better (with blue ink?)? I think Bob likes to have the original mailed here, as well?
Mich.
-----Original Message -----
From: McIntosh, Timothy [mailto:TMcIntosh@VHB.com]
Sent: Tuesday, March 25, 2003 11:46 AM
To: mglennon@townofnorthandover.com
Subject: Review estimate - Forest Glen I and II
Hi Mich,
Here is VHB's signed review estimate for the above project. If acceptable, please print,
sign and send a copy back to VHB for .our files. Please let me know if you cannot open
this file and I will fax the original to you.
Thanks
Timothy B. McIntosh, P.E.
Project Manager - Highway & Municipal Engineering
Vanasse Hangen Brustlin, Inc.
101 Walnut Street, P.O. Box 9151
Watertown, MA
Phone: 617-924-1770
Fax: 617-924-2286
email: tmcintosh@vhb.com
<<C1ntAuth-ForestGlen.pdf>>
This communication is confidential and intended only for the recipient(s). Any other use,
dissemination, copying, or disclosure of this communication is strictly prohibited. If you
have received this communication in error, please notify us and .destroy it immediately.
Vanasse Hangen Brustlin, Inc. is not responsible for any undetectable alteration,
transmission error, conversion, media degradation, software error, or interference with
this transmission.
This communication is confidential and intended only for the recipient(s). Any other use,
dissemination, copying, or disclosure of this communication is strictly prohibited. If you
have received this communication in error, please notify us and destroy it immediately.
Vanasse Hangen Brustlin, Inc. is not responsible for any undetectable alteration,
transmission error, conversion, media degradation, software error, or interference with
this transmission.
1
Y
� /t�Otld�J'YC
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01545
D. Robert Nicetta
Building Commissioner
P.e-
Telephone (978) 688-9541
Fax . (978)688-9542
Date M (1 Zc j3
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street - -- -
North Andover MA 01845 _
+0 Z003 -p
Please be advised that I have agreed to w" the time constraints for the North w
Andover Zoning Board of Appeals to make a decisionAregardingthe granting of a o
-VMiM ce
-I'enrar
Comprehensive Permit (40B)
for property located at:
STREETA, -G>j C Kl ?Arq �- 105 FYe 5 eek"
TOWN: �vr 4� f-tvidlu��o,,i
MEETING DATE(S): 3- 1 k -o 3
NAME OF PETITIONER: <1
Signed:2
Petitioner (or petitioner's a tative)
`17r��t�d F• E.brehs�ei���x� .
Avxilwe✓ I vV►,A o Lvo .
WAIVER
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978.688-9540 Planning 978-688-9i35
S , U
fv1r+R 1 �_ 2002
BOA7 -' or- APPEALS
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Mark H. Rees
Town Manager
March 11, 2003
William Sullivan, Chairman
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: Comprehensive Permit Application, 39 & 71 Forest Street
Dear Bill:
Telephone (978) 688-9510
FAX (978) 688-9556
Pursuant to the Comprehensive Permit Application for 39 and 71 Forest Street, the Board of Selectmen
has voted to forward recommendations from various departments for the Forest Glen Condominium
Project.
Enclosed are recommendations and concerns from the Planning Department, Fire Department, Police
Department and Department of Public Works and a previous letter dated October 18, 2003 from the
Board of Selectmen.
Please review these recommendations as part of your Zoning Board of Appeals public hearing on
Tuesday, March 11, 2003.
Sincere ,
Ma H. Rees
Town Manager
MRH/aj j
Enclosures
Cc: Planning Dept.
Fire Dept.
DPW
0 1P00C �l ept.
I
MAR 1 2002
BOARD Or APPE=ALS
Town of North Andover
Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
;woo&@townofnorthandover.corn
http://www.townofnorthandover corn
Planning Director. P (978) 688-9535
J. Justin Woods F (978) 688-9542
MEMORANDUM
TO: Raymond Santilli, Assistant Town Manager/Acting Director of Community Development
FROM: J Justin Woods, Planning Director
CC: Mark Rees, Town Manager
Heidi Griffin, Community Development & Services Director
Bob Nicetta, Building Commissioner
Planning Board
RE: Comprehensive Permit Applications, 39 & 71 Forest Street
DATE: March 6, 2003
Per your request, I have reviewed the Comprehensive Permit Applications for 39 and 71 Forest Street and the
plan titled "Preliminary Site Plan for Forest Glen Condominiums," dated March 5, 2002 and stamped by
William S. MacLeod. I offer the following comments:
1) The plans inadequately show only 4 parking spaces on each lot. There should be a minimum of 12
parking spaces on each lot. Each unit is proposed as a two-bedroom unit and must have two designated
parking spaces (See parking requirements for multifamily under Zoning Bylaw § 8.2). As there is no street
parking available, there should be a minimum of I parking space per 1400s.f for visitor parking (I visitor
space/unit).
2) The applicant should provide a drainage report, and the runoff for the rooftops of all new buildings should
be completely infiltrated. A drainage study should be provided and reviewed by an outside consultant for
concurrence with the Town of North Andover requirements.
3) The applicant should provide a traffic study to determine if there are adequate site distances for safe ingress
and egress of the proposed driveways. The traffic study should be reviewed by an outside consultant to
insure that its conclusions are based upon sound engineering practices.
4) No information is provided showing estimated cuts and fills required for the construction of the site.
5) The 25% of the units that will be utilized for low-income housing should be made affordable in
perpetuity. This will ensure that the town's percentage of affordable housing will be sustained. Other
towns are now facing the issue of having affordable units remain affordable for 15-30 years, but then are
deducted from their affordable housing percentages 15-30 years later.
The Planning Department does not have any objections to construction of the proposed multifamily residential
dwelling units, provided they adequately address the comments contained in this memo and comply the Fire
Department's comments dated March 5, 2003.
Respectfully submitted,
J. Justin Woods
�ECE�ME
MAR BOARD F S688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
r Zt 0�P (41r
BOARD OF APPEALS
TOWN OF NORTH ANDOVER
' r Fire Department
Central Fire Headquarters
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
William V. Dolan
Chief of Department
Edward J. Morgan
Deputy Chief
To: Mark H. Rees, Town Manager
From: Fire Chief Dolan
Re: Comprehensive Permit Applications — 39 Forest St. and 71 Forest. St.
Date: 5 March 2003
Telephone (978) 688-9593
FAX (978) 688-9594
I have reviewed the information regarding the proposal for two multi -unit residential structures
consisting of four residences to each structure at 39 Forest St. and 71 Forest St..
In the plan dated March 5and stamped by William S. MacLeod it indicates the installation of a 12" water
main on Forest St. The installation of this water main is crucial for fire safety. Hydrants should be
located on that main at the five hundred foot interval as required by the Town and under the supervision
of the Department of Public Works.
This building must contain residential fire sprinklers in all units in accordance with Mass. General Law
Chapter 148 Section 26 I. Plans and calculations must be submitted to the fire department's Fire
Prevention Officer for review. A single water main for both domestic and fire sprinklers can service each
structure but the fire suppression system for each unit must be independent and separate from the systems
in the other units.
House number must be posted and clearly visible from the street for each residence.
If propane is to be utilized as a fuel sourcethe fire department as the permitting authority will need to
review the proposed storage location(s) and size of tank (s).
All other maters under the fire prevention laws of the state of Massachusetts requiring permits from the
fire department apply.
The fire department has no objections to construction of these residential dwelling units as proposed
provided they comply with the comments above.
William V. Dolan
WIARD1 � zooz
BOARD OF APPEALS
TOWN OF NORTH ANDOVER
DIVISION OF PUBLIC WOKS
384 OSGOOD STREET
NORTH ANDOVER, MASSACHUSETTS 01845-2909
J. WILLIAM HMURCIAK, DIRECTOR, P.E.
Timothy J. Willett cf NORTN 1 Telephone (978) 685-0950
Water Superintendent
? e�';ro Fax (978) 688-9573
F .y - p
March 6, 2003
Mr. Mark Rees
Town Manager
120 Main Street
North Andover, MA 01845
RE: Comprehensive Permit Applications
Forest Street — Map 105 D, Parcel 39
Forest Street — Map 105 D, Parcel 71
Dear Mr. Rees:
The Division of Public Works has reviewed the plans and documents for the above referenced project
and has the following comments.
The town of North Andover has adequate water supply for the proposed residences.
The proposed twelve -inch water main, hydrant, and gate valve conform to the town's master plan for
water distribution improvements. Water pressure in this area is sufficiently high enough to provide
adequate fire protection.
The proposed water main is located within paved areas of Forest Street and therefore requires a Street
Opening Permit from this office prior to any work. Paving requirements under the Street Opening
Permit will include trench paving shortly after pipe installation. A complete paving overlay of Forest
Street will be required the following year in the section of roadway affected by this project.
Very truly yours,
Timothy J. Willett
Water & Sewer Superintendent
[ice: pin
MARe U�
1 _ 2002
BOARD Or- APPEALS
r Rees, Mark
From:
Richard M. Stanley [rstanley@napd.us]
Sent:
Wednesday, March 05, 2003 1:35 PM
To:
Mark Rees; Ray Santilli
Cc:
William V. Dolan
Subject:
Comprehensive Permit Application -Forest Street
Mark -Please be advised that we have reviewed the comprehensive permit application for
Forest Street. After staff review we have determined that the Police Department has no
concerns. Because of the small size and the location we do not anticipate traffic or
parking related issues. From our perspective the application is clear. RMS
o"I'll
D
�j MAR 1 I 2002
BOARD OF APPEALS 1
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Mark li Rees
Town Manager
March 11, 2003
William Sullivan, Chairman
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
aawciwse�
Re: Comprehensive Permit Application, 39 & 71 Forest Street
Dear Bill:
Telephone (978) 688-9510
FAX (978) b8&9556
Pursuant to the Comprehensive Permit Application for 39 and 71 Forest Street, the Board of Selectmen
has voted to forward recommendations from various departments for the Forest Glen Condominium
Project.
Enclosed are recommendations and concerns from the Planning Department, Fire Department, Police
Department and Department of Public Works and a previous letter dated October 18, 2003 from the
Board of Selectmen.
Please review these recommendations as part of your Zoning Board of Appeals public hearing on
Tuesday, March 11; 2003.
Sincere ,
M H. Rees
ng
Town Ma
MRH/ajj
Enclosures
Cc: Planning Dept.
Fire Dept.
DPW
Police Dept.
900(A HaAOONV H.LHON .30 NMOL 9926 999 8L6 YU 99:K £00Z/TT/£0
HP Fax K1220xi Log for
NORTH ANDOVER
9786889542
Mar 112003 1:40pm
Last Transaction
Date Time Type Identification Duration Pages Result
Mar 11 1:38pm Received 978 688 9556 0:54 3 Error 232*
* A communication error occurred during the fax transmission.
If you're sending, try again and/or call to make sure the recipient's
fax machine is ready to receive faxes. If you're receiving, contact
the initiator and ask them to send the document again.
I
MAR -05-2003 WED 11;32 AM MARKJOHNSON FAX NO, 9784756703
I.AW OFFICF OF
MARK. B. JOHNSON
12 Chestnut Strect
Andover, M3ssachn4CI N 01810.3700
MARK 11. JOHNSON (MA. Nil, DC)
I.1NI)A A. U'Ct)NNF1.4 (MA, N11 1. RI)
DONALD F. 110RUN5'IFIN (MA,Mfi)
MICHAIT (i. FURLONG (MA)
SIIAUNA F. Md'AR'tMY, LI),
(978)475-4488
Telecopiu: (9711) 475-67o3
Date: March 5 2003
FACSIMILE TRANSWSSION COVER SHEET
TO: Atln: Mitch/Office of the Lonin&Board _
Re: Lot A and IAA C, Forest Street
Receiving Facsimile Number; (978) 688-9542
From: Donald F. Boreastcin _ AWS
Sending Facsimile Number: (978) 475-6703
Nutubcr of Pages being tralismitted
(Including this cover sheet):
Mcs
P.
)�;,r.,lc1alg
KA I I II(YN M. MORIN
I JANNTi ('11IN 'AI. M
JUAN I I. DUFF
INS telecupy is altorncy-client privileged and contains confidential 11 formalion inletrcled
only for the person(s) named above, Any other distribution, copying ur clisclocurc is
strictly prohibited. I(you have received this lelecopy in error, please nolify 11.5
immediurely by telephone., and return the original transmission to us by mail without
uraking et copy.
If problems in rransnris; ion arc cncouutered, pleise contact sender of (978) 475-4488.
MAR 5
2002 IJ i
130AR0 OF APPEALS
L"OA 5 (� t c' vo,*'
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978) 475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)
SHAUNA E. McCARTHY, J.D.
February 19, 2003
Via Facsimile and First Class Mail
Town of North Andover
Zoning Board of Appeals
ATTN: Mitch Glennan
27 Charles Street
North Andover, MA 01845
RE: Comprehensive Permit Applications
39 Forest Street, North Andover, MA — Map 105D
71 Forest Street, North Andover, MA — Map 105D
Applicant: Forest Glen Development, Inc.
Dear Mitch:
Paralegals
KATHRYN M. MORIN
LIANNE CRISTALDI
JOAN H. DUFF
Enclosed please find Amended Application page for each of the above -referenced
matters. As we discussed, the sole amendment to these applications will correct a
typographical error at Section 2(b) of application page 5 of 8 changing the frontage of the
affected property from the East side to the West side of Forest Street. Please accept this
letter and the two enclosed amended application pages as a formal amendment to the
applications correcting the typographical error as to the orientation of the frontages of the
respective properties.
Thank you for your assistance and cooperation.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNS
onald F. Borenstein
DFB:dra
Cc: Forest Glen Development, Inc.
D � C � � W NWilliam MacLeod
FEB 2 0 2003
e-1o,,1Forest Glen N1,11102-308 Forest Street Comp Permiflglennan 021903.doc
BOARD OF APPEALS
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division.
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
TO: n 14 / `� �f P HCl : 2f 0
FAX Number: -I 6 70 3
FROM: Town of North Andover
Zoning Board of Appeals
PHONE: #978-688-9541
FAX: #978-688-9542
DATE: 9. -)CI- 0.3
SUBJECT:
Number of pages:
Ydopl) )
REMARKS: Attached is a fax containing your legal notice., which needs to be
placed with the legal notice department at the Eagle4r 'bune. The Eagle -Tribune
legal notice department's direct dial phone number is 978-946-2412; the address is
100 Turnpike Street, North Andover, MA 01845; and the Eagle -Tribune legal notice
department's fax number is 978-686=0755.
Please contact the E -T as soon possible in order to meet the mandated [Mass. Gen.
L. ch. 40A § 11 ] publishing deadline of at least 14 days before a hearing. The E -T
needs 2 full business days before the publication ate,. if there is no legal notice
publication at least 14 days before the hearing then the Board cannot hear your
petition and you will not be placed on the ZBA agenda for the upcoming meeting.
E -E Submission mis.sion Date before 5:00PM PM '
11' Publication ate '
Meeting Date
a- ig- o o&-
a- a�- 03
3- 1)- o
J
Please be reminded that it is your responsibility to mail a copy of the legal
notice to each abutter via certified mail. You are required to complete the mailing
of the legal notice at least 14 days prior the ZBA meeting. You ,are also required to
brine. or fax copies of the proof of the certified mailing, to the office of the ZBA
Secretary as -soon -as you have completed the mailing. Again, failure to do so will
mean that you will not be placed on the ZBA agenda. Thank you.
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
Ho `AM K1220xi
Last Transaction
Date Time
Feb 19 1:31pm
Type Identification
Fax Sent 89784756703
Log for
NORTH ANDOVER
9786889542
Feb 19 2003 1:33pm
Duration Pages Result
1:24 3 OK
a
�G�
.a_
MG LE�31�0N
... .a ..... ,.
MGLENNON.,,.
Microsoft word - Decision Ja-14-03 Meadows f
03-02-19 10:40
FEB -19-2003 WED 12:17 PM MARKJOHNSON FAX NO, 9784756703 P. 01/04
LAW OFFICC OF
MARIA B. JOHNSON
12 Chestnut Sircet
Andover, Ma%sachuscltc 01810-3706
(978) 47SA488
rcluopicr: (978) 475-6703
MARK' N. JOHNSON (MA, Nil, h(') KATHRYN M. MORIN
LINDA A. O'CONNrl,t. (MA, NI I, RI) ),IANNE CHNTAI.n1
DONALD F. WRENS MIN (MA, M1;) JOAN 11, DUFF
NIVIIAtil, G. I ORLONG (MA)
SIIAONA E, Md'Ak711Y, J.0
Date: February 19, 2003
IIACSIMILE TRANSMISSION COVER SHEET
Town of North Andover
Attn: Mitch Glcnn�n
Zoning Board of Alapc1s-..
2 CgM12 ehcnsivc Permit Applicalions
ting Facsimile Number: 1-,978-688-9542
From: Donald F. Borcnsteili_Ecquirc
Sending fincsimile Number; LL7R 475.6703
Number of Wages beim; transmitted
(including this cover shat): 4
Message: Sec Attached
This relecopy is attorney -hent privileged and contains confidential information intended
only fbr the person(s) iterated above. Any other distribution, copying or disclosiere is
Strictly prohibited. If you have re�ceit-cid this telecopy in error, please notify tis
imutedintely by telephone, and return the original transmission to u► by mad tvithoul
making- et copy,
If probluns in Iranmission al'c encountered, please contact sracler at (978) 475-4488.
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978) 475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)�
SHAUNA E. McCARTHY, J.D.
te-'!
E
I � ulluJFi''",;
rt�Rn
in
LU
3 a --1 A 110: 51
�1 February7;720037-2
Town of North Andover
Town Clerk
120 Main Street
North Andover, MA 01845
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
RE: Comprehensive Permit Application
39 and 71 Forest Street, North Andover, MA
Applicant: Forest Glen Development, Inc.
Dear Sir/Madam:
Paralegals
KATHRYN M. MORIN
LIANNE CRISTALDI
JOAN H. DUFF
On behalf of the applicant, Forest Glen Development, Inc., enclosed please find
the following:
1. An original and ten (10) copies of the comprehensive permit application for
39 Forest Street;
2. An original and ten (10) copies of the comprehensive permit application for
71 Forest Street;
3. A check in the amount of $50.00 to cover the application filing fee for 39
Forest Street;
4. A check in the amount of $50.00 to cover the application filing fee for 71
Forest Street;
5. A check in the amount of $200.00 for consultant fees for four (4)
condominium units at 39 Forest Street;
6..- A check in the amount of $200.00 for consultant fees for four (4)
UJ condominium units at 71 Forest Street; and
,, �V r ill•,
F:Wew-DocslForest Glen Dev, In602-308 Forest Street Comp PermiHNoAndover Itr 2-7-03.doc
lJ f�ii �ii— PSP
Town of North Andover
February 6, 2003
Page 2
7. Eight (8) full size Preliminary Site Plans.
The exhibits to the Application include 11 x 17 copies of the Preliminary Site
Plan and the Architectural Drawings for the projects.
Kindly please file these applications in your usual manner. Should you require
any further information, please contact the undersigned.
Thank you for your cooperation in this matter.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
MBJ/sem
Enclosures
FANew-Docs\Forest Glen Dev, Inc102-308 Forest Street Comp PermiflNoAndover Itr 2-7-03.doc
M G,L - Chapter 40, Section 21.
GENERAL LAWS OF MASSACHUSET'T'S
Page
PART 1.
ADMINISTRATION OF THE GOVERNMENT,
TITLE VII. --- -----
CITIES, TOWNS AND DISTRICTS.
CHAPTER 40B. REGIONAL PLANNING.
Chapter 40B: Section 21. Low .or moderate income housing, applications for approval .of
proposed construction; hearing; appeal
Section 21. Any public agency or limited dividend or nonprofit organization proposing to build low or
moderate income housing may submit to the board of appeals, established under section twelve of
chapter forty A, a single application to build .such housing in lieu of ,separate applications to the
applicable local boards. The Board of appeals shall forthwith notify each such local board, as
applicable, of the filing of such application by sending a copy thereof to .such local boards for their
recommendations and shall, within thirty days of the receipt of such application, hold a public hearing
on the same. The board of appeals :shall request the appearance at said hearing of such representatives
of said local boards as are deemed necessary or helpful in making its decision upon such application
and shall have the same power to issue permits or approvals as any local board or official who would
otherwise act with respect to such application, including but not limited to the power to attach to said
permit or .approval conditions .and requirements with respect to bei t, site plan, size or shape, or
budding materials as are consistent with the terms of this section The board of appeals, in making its
decision on said application, shall take into consideration the recommendations of the local boards and
shall have the authority to use the testimony of consultants. The board of appeals shall adopt rules, not
inconsistent with the purposes of this chapter, for the conduct of its business pursuant to this chapter
and shall file a copy of said rules with The city or town ,clerk. TIW Tprovisiiins:o# seetron-eleven of
Zchapter forty A shall.apply_to all .such.hearings. The board of appeals shall render a decision, based
upon a majority vote of said board, within forty days after the termination of the public hearing and, if
favorable to the applicant, shall forthwith issue a cornpmehensive peranit or approval. If said hearing is
not convened or a decision is not rendered within the time allowed, unless the time has been extended
by mutual agreement between the board and the applicant, the application shall be deemed to have
been allowed and the comprehensive permit or approval shall forthwith issue. Any person aggrieved
y the issuance of .a comprehensive pernvt or approval may appeal to the .court as provided in section
seventeen of chapter forty A.
Return to:
** Next Section ** Previoas Section ** Chapter Fable of Contents ** t,.- Jslafive Hone Page
http://www.state.ma.us/legis/laws/mgV4OB-21.htm 12/26/02
M.G.L - Chapter 40, Section 21. Page 1 of i
GENERAL LAWS OF MASSACHUSETTS
PART I.
ADMINISTRATION OF THE GOVERNMENT.
TITLE VII. ---
CITIES, TOWNS AND DISTRICTS.
CHAPTER 40B. REGIONAL PLANNING.
Chapter .40B: Section 2I, Low er moderate income housing; applications for approval of
proposed construction; hearing; appeal.
Section 21. Any public agency or limited dividend or nonprofit organization proposing to build low or
moderate income housing may submit to the board of appeals, established under�section.twelve of
ehapter_forty:_A, a single application to build such housing in lieu of'separate applications to the
applicable local boards. The board of appeals shall forthwith notify each such local board, as
applicable, of the filing of such application by sending a copy thereof to such local boards for their
recommendations and shall, within thirty days of the receipt of such application, hold a public hearing
on the same. The :board of .appeals shall request the appearance at said hearing of such representatives
of said local bards as are deemed necessary or helpful in making its decision upon such application
and shall have the same power to issue permits or approvals as any local board or official who would
otherwise act with respect to such application, including but not limited to the power to attach to said
permit or approval ,conditions .and requirements with respect to height, site pian, size or shape, or
Building materials as are consistent with the terms of this section. The board of appeals, in making its
decision on said application, shall take into consideration the recommendations of the local boards and
shall have the authority to use the testimony of consultants. The -board -of appeals�shall=adopt rules of
- - --
(incohiAerA w :the purposes bftl chapter, for the-,cdnduct-:of its business pursualat to this chapter
( and- shall file_ a copy of saidri les )Aritlr tlhe city or -town clerk. The=pr-oohs cTieetion-eleven of -"
Cchapter--forty A shall-apply.:to�affsuch-hearings.-The board of appeals shall render a decision, based
upon a majority vote of said board, within forty days after the termination of the public hearing and, if
favorable to the :applicant, shah forthwith issue a comprehensive permit or approval.. If said hearing is
not convened or a decision is not rendered within the time allowed, unless the time has been extended
by mutual agreement between the board and the applicant, the application shall be deemed to have
been allowed and the comprehensive permit or approval shall forthwith issue. Any person aggrieved
by the issuance ofa. comprehensive permit or approval may appeal to the :court as provided in section
seventeen of chapter forty A.
Return to:
** Next Section ** Previo:as Section ** Chapter Fable of Contents ** Legislative Home Pa
http://www.state.ma.us/legis/laws/mgV40B-21.htm 12/26/02
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Michael G. Furlong, Esq.
Law offices of Mark B. Johnson
12 Chestnut Street
Andover, Massachusetts 01810-6703
Re: Forest Glen I (Lot A, Map 105D Parcel 39) and
Forest Glen lI (Lot C, Map 105D, Parcel 71)
Comprehensive Permit Applications
Dear Attorney Furlong;
Telephone (978) 688-9541
Fax (978) 688-9542
February 11. 2003
The North Andover Zoning Board of Appeals agrees to extend by mutual agreement, the above
applications for Comprehensive Permits to the March 11, 2003 regular meeting.
Thank you for your attention in this matter.
Very truly yours,
w
Walter F. Soule,
Vice -Chairman,
North Andover Zoning Board of Appeals
ZBA
D. Robert Nicetta
ZBA files
WFS:mg
Michael F. Furlong, Esq.
representing:
Forest Glen Development, Inc.
For premises at:
Forest Glen I, Lot A and Forest Glen II, Lot C
North Andover, Massachusetts
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
February 1.1. 2003
Michael G. Furlong, Esq.
Law offices of Mark B. Johnson
12 Chestnut Street
Andover, Massachusetts 01810-6703
Re: Forest Glen I (Lot A, Map 105D Parcel 39) and
Forest Glen II (Lot C, Map 1.05D, Parcel 71)
Comprehensive Permit Applications
Dear Attorney Furlong;
The North Andover Zoning Board of Appeals agrees to extend by mutual agreement, the above
applications for Comprehensive Permits to the March 11, 2003 regular meeting.
Thank you for your attention in this matter.
Very truly yours,
Walter F. Soule,
Vice -Chairman,
North Andover Zoning Board of Appeals
ZBA
D. Robert Nicetta
ZBA files
WFS:mg
Michael F. Furlong, Esq.
representing:
Forest Glen Development, Inc.
For premises at:
Forest Glen I, Lot A and Forest Glen Il, Lot C
North Andover, Massachusetts
E
LAbk' C)FEWE OI -
MARK B. JOHNSON
12 Chestnut Street
:Andover, Massachusetts 01810-3708
(978) 475-1488
TClccopicr: (978) 475-6703
MARK IJ JOHNSON (AM, N)I, DCS)
I IVDA A O'CONNELL (\M. NH, RI)
DONALD F. HORENSTEiN
MIC HALL Ci. FURLONG (MA)
SHAUNA E. NICCARTHY, J.D.
August 6, 2003
North Andover Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
c/o Mitch Glennon
Re: Comprehensive Permit Applications
Properties:, Lot A and Lot C Forest Street, North Andover, MA
Applicant: Forest Glen Development Inc
Re: Variance, Special Permit and Findings Applications
Properties: Lot A and Lot C Forest Street, North Andover, MA
Applicant: Forest Glen Development Inc
Dear Board Members:
Nara_
KATIIJtY\
I IANNI: C
JOAN
�! ►l'! I13I .ti (7,
This letter will confirm that the Applicant will proceed alternatively, under
both sets of the above -referenced applications, at the Zoning Board's
meeting on Tuesday, August 12, 2003.
The Applicant recliiests that the applications fur Variance/Special
1'ernOtsrl'inding i-elated.to the single taimly cl ve,lolnile t of'each property I)e
considered first I)y the Board.
ALrgUst b, 2003
Page 2
I believe this request is consistent with Town Counsel's advice to the Board
on this matter. Thank you in advance for this cooperation in this regard.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
Donald .F. Boren
/jd
pc: Forest Glen -Development, Inc.
John Witten, Esq.
Charles Foster, Esq.
LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978)475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)
SHAUNA E. McCARTHY, J.D.
Town of North Andover
Town Clerk
120 Main Street
North Andover, MA 01845
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
RE:- Comprehensive Permit Application
39 and 71 Forest Street, North Andover, MA
Applicant: Forest Glen Development, Inc.
Dear Sir/Madam:
Ei:EIVED
jCYCE BRADSHAW
TOWN CLERK
NORTH ANDOVER
ZOO) FLEB --1 A E0: S1
February 7, 2003
Paralegals
KATHRYN M. MORIN
LIANNE CRISTALDI
JOAN H. DUFF
On behalf of the applicant, Forest Glen Development, Inc., enclosed please find
the following:
1. An original and ten (10) copies of the comprehensive permit application for
39 Forest Street;
2. An original and ten (10) copies of the comprehensive permit application for
71 Forest Street;
3. A check in the amount of $50.00 to cover the application filing fee for 39
Forest Street;
4. A check in the amount of $50.00 to cover the application filing fee for 71
Forest Street;
5. A check in the amount of $200.00 for consultant fees for four (4)
condominium units at 39 Forest Street;
6 A check in the amount of $200.00 for consultant fees for four (4)
FEB 1 1 2003 D !condominium units at 71 Forest Street; and
F:INew-Docs\Forest Glen Dev, lnck02-308 Forest Street Comp PermitWoAndover Itr 2-7-03.doc
BOARD OF APPEALS
Town of North Andover
February 6, 2003
Page 2
7. Eight (8) full size Preliminary Site Plans.
The exhibits to the Application include 11 x 17 copies of the Preliminary Site
Plan and the Architectural Drawings for the projects.
Kindly please file these applications in your usual manner. Should you require
any further information, please contact the undersigned.
Thank you for your cooperation in this matter.
Very truly yours,
LAW OFFICE OF
MARK B. JOHNSON
MBJ/sem
Enclosures
FANew-DocsTorest Glen Dev, Inc102-308 Forest Street Comp PermiflNOAndover Itr 2-7-03.doc
hECEI QED
Received by Town Clerk: l`f YCE BRADSf! l
TOIVJN CLERK
'u
TOWN OF NORTH ANDOVER, MASSACIT�T !-1 ANpOvER
RTRT -
Uff
BOARD OF APPEALS 1 A 11: 00
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Forest Glen Development, Inc Addre
130 Middlesex St North Andover, MA 018
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section.
of the Zoning Bylaws
1
P 0 Box 248
el. No. (978) 794-9191
Paragraph
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 39, Lot A Forest Street.
b) Premises affected area property with frontage on the North (�) South ( ) East (X) West ( )
side of Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
area of 43,146 square feet and frontage of 150 feet.
3. Ownership:
1,
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee
2. Letter of authorization for Variance/Special Permit required
5 of 8
N"I'llp
FEB 1:2003
BOARD Or APPEALS
Other
Received by Town Clerk:
i'11 E BRAD HAVi
TOIVIti CLERr'
IDRTh ANDOVER
TOWN OF NORTH ANDOVER, MASSACHUSETTS1003 FEB - -�
BOARD OF APPEALS ,
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 0184fe1. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 39 -1 -Lot A Forest Street.
b) Premises affected area property with frontage on the North (') South () East (X) West ( )
side of Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
area of 43,146 square feet and frontage of 150 feet.
11 3. Ownership:
1,
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
FEB 2003
U
BOARD OF APPEALS
� 4
tQ co
Received by Town Clerk:Eo
To iVIi ' �s�'A V1,
TOWN OF NORTH ANDOVER, MASSACHUSE TS rf�T''DO SRR
BOARD OF APPEALS %03 FEB _
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Op
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 0184fel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B., ss.20-23
2. a) Premises affected are land and building(s)
numbered parcel 39, Lot A Forest Street.
b) Premises affected area property with frontage on the North (') South () East (X) West ( )
side of Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
area of 43,146 square feet and frontage of 150 feet.
3. Ownership:
im
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
FEBZ003L�
BARD OF APPEALS
w
r'�CIVED
Received by. Town Clerk:
Trq41BRADSH4VI
FOURTH I�NG VPR
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS 1003 FEB
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE A ��
d
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 0184fe1. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered parcel 39, Lot A Forest Street.
b) Premises affected area property with frontage on the North (') South ( ) East (X) West ( )
side of Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
area of 43,146 square feet and frontage of 150 feet.
3. Ownership:
im
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
FEB 1 ; 2003
BOAR® OF APPEALS
Received by Town Clerk: „rj , Rc Gt Vr Q
f Q j� �L ERK l'!
TOWN OF NORTH ANDOVER, MASSACHUSETTS" U AN'QQV�P
BOARD OF APPEALS 1063 F
APPLICATION FOR RELIEF FROM THE ZONING ORDIN co QQ
J
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 0184fel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section,
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered parcel 39, Lot A Forest Street.
b) Premises affected area property with frontage on the North (') South O East (X) West ( )
side of y Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
area of 43,146 square feet and frontage of 150 feet.
3. Ownership:
LE
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
FEB 1 *12003
BOARD OF APPEALS
/'Ecr-
Received by Town Clerk: �OYOc UC,l
'�T 14IN CL RK lY
TOWN OF NORTH ANDOVER. MASSACHUSETTS N ANOOUER
BOARD OF APPEALS 003 FEB
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 7 Ail: 00
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 0184fel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered parcel 39, Lot A Forest Street.
b) Premises affected area property with frontage on the North (�) South O East (X) West ( )
side of Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
area of 43,146 square feet and frontage of 150 feet.
3. Ownership:
LE
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
p CNN W 5of8
FEB 11 2003
BOARD OF APPEALS
Received by Town Clerk:
J0 , ' F'`�C` ED
YCE BRADIOWNCt,SN
TOWN OF NORTH ANDOVER, MASSACHUSETT&3IJ0VE,�
BOARD OF APPEALS FEB -
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE �� OQ
a
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 0184fe1. No. (978) 794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered parcel 39, Lot A Forest Street.
b) Premises affected area property with frontage on the North (') South ( ) East (X) West ( )
side of y Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
area of 43,146 square feet and frontage of 150 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North .Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
pE �odED
rEc�B 11 2003
BOARD OF APPEALS
Ei !
Received by Town Clerk:
f` 4 fil b'ED
Jv YCER` y ,
RADS
Al`
fDl✓i� eLE
TOWN OF NORTH ANDOVER, MASSACHUSETTS �'�RTN ti ND VER
BOARD OF APPEALS 1003 FEB
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE OQ
J
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 0184tel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered parcel 39, Lot A Forest Street.
b) Premises affected area property with frontage on the North (') South ( ) East (X) West ( )
side of Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
area of 43,146 square feet and frontage of 150 feet.
3. Ownership:
),
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
N111111
FEB 1 1 2003
BOARD OF APPEALS
Received by Town Clerk:
t C�1
JOYCE0
1 OP,ADSHA ar
i Ol'/N CLERK
NIR TH 4iD0 VER
TOWN OF NORTH ANDOVER, MASSACHUSETTW FEB
BOARD OF APPEALS 1
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
a
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 0184fel. No. (978) 794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
A j1: 00
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23
2. a) Premises affected are land and buildings)
numbered parcel 39, Lot A Forest Street.
b) Premises affected area property with frontage on the North (') South ( ) East (X) West ( )
side of Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
area of 43,146 square feet and frontage of 150 feet.
3. Ownership:
],
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North .Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5of8
FEB 1 i 2003
D
BOARD OF APPEALS
ILC'1VD
Received by Town Clerk: JOYCE BRADSNgi�
Td N CLERK
-
TOWN OF NORTH ANDOVER, MASSACHUSETZ' OVcR
BOARD OF APPEALS 1003 FEB —
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE' /1: 00
a
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 0184fe1. No. (978) 794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered parcel 39, Lot A Forest Street.
b) Premises affected area property with frontage on the North (') South () East (X) West ( )
side of y Forest Street.
c) Premises affected are in Zoning District Residential and the premises affected have an
a.rea of 43,146 square feet and frontage of 150 feet.
3. Ownership:
11
a) Name and address of owner (if joint ownership, give all names):
Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North Andover, MA
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
FEB 1 1 2003
BOARD OF APPEALS
Received by Town Clerk:
�, RECE1 "J
JYCE BRXDS,
TOyjq Ci HA I41
hGRTH 4NC'Ot
TOWN OF NORTH ANDOVER; MASSACHUSETT VER
BOARD OF APPEALS d3FEB ` 1 ,q ��..
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Sg
d
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 01845 Tel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest Street.
b) Premises affected area property with frontage on the North ( ) South O East (j,) West ( )
side of Forest Street.
C) Premises affected.are in Zoning District and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
D�CE��N - 5of8
FEB 1 1 2003
D
BOARD OF APPEALS
A
Received by Town Clerk:
Irr REI El "IED
JL YCc ER HA14
Iq T 01'!1V C�ERfi
"'H ANDOVER
TOWN OF NORBTOARD H OOVEER, ACLS SACHUSETT9003 FFg -1 410.59
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 01845 Tel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest Street.
b) Premises affected area property with frontage on the North ( ) South O East (y:) West ( )
side of Forest Street.
c) Premises affected are in Zoning District and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079 '
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
Pm C E � W E
FEB 11 2003
BOARD OF APPEALS
Received by Town Clerk:
F#tCEl VED
DYCE DRADSH. l/
R HAL
CLERK
TOWN OF NORTH ANDOVER, MASSACHUSETTS DD rER
BOARD OF APPEALS 1001 F EB -I AQ: 5 $
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
a
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 01845 Tel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and' Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest Street.
b Premises affected area property with frontage on the North South East West
O
side of Forest Street.
c) Premises affected are in Zoning District and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
E
5 of 8
5OA7D Ori- APPEPALS
Received by Town Clerk:
JC YCE BRRECEIVE[)
TOE�li� CLERK
�zRf(
TOWN OF NORTH ANDOVER, MASSACHUSETTS NUUV1rR
BOARD OF APPEALS 1003 FEB -I A to. $$
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 01845 Tel. No. (978) 794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest Street.
b Premises affected area property with frontage on the North South East (�)West
O
side of Forest Street.
C) Premises affected are in Zoning District I I
and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
YVCELE D
� 5of8
EB 1 1 2003
SOAAa OF F,PPEALS
i�EC' I, CD
Received by Town Clerk: `JOYCE DRQ DSHi,'
TOiIJN CLERK
NORTH 4NDO\
TOWN OF NORTH ANDOVER
BOARD OF APPEALS SACHUSET13 1003 FEB - I A ��' S$
APPLICATION FOR RELIEF FROM TIE ZONING ORDINANCE
a
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover,_MA 01845 Tel. No. (978) 794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and buMing(s)
numbered Parcel 71, Lot C Forest Street.
b) Premises affected area property with frontage on the North ( ) South O East (y) West ( )
side of Forest Street.
c) Premises affected are in Zoning District and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee
2. Letter of authorization for Variance/Special Permit required
5of8
a D
� EB 1 i 2003
gOArD OF APPEALS
Other
Received by Town Clerk:
JC YcE CEI V'ED
DRADSHAV/
TD 4144 Cf ERh
SORT A h�Dp SER
TOWN OF NOBO OOVtK IA SACHUSETTS 1003 FEB —
APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 01845 Tel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws,
A 10. 5 9
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest Street.
b) Premises affected area property with frontage on the North( ) South O East (y) West ( )
side of Forest Street.
c) Premises affected are in Zoning District and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee
2. Letter of authorization for Variance/Special Permit required
�EChdMi;,nLlj
5of8
FEB 11 ZU03
BOARD OF APPEALS
Other
/I
Received by Town Cleric:
RECE, V-0
YCE BRADSHAW
TOl'!N CLERK
rfnRT'
TOWN OF NORTH ANDOVER, MASSACHUSETTS 11 ANLOVER
BOARD OF APPEALS - 1003 FEB — i A 90: 58
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 01845 Tel. No. (978) 794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Sectior.
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest Street.
b) Premises affected area property with frontage on the North ( ) South O East (y,) West ( )
side of Forest Street.
c) Premises affected are in Zoning District , and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
x Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
Sofa
o D
F Eg 1 12003
BOAF� OF APPEALS
RECEIVED
Received by Town Clerk: ��� � UE SP,A,DSHf�'t:r
CI
TOVIN CLERK(
TOWN OF NORTH ANDOVER, MASSAMETTS INCRTN ANDOVER
BOARD OF APPEALS - 1003 FEB - i A 10 58
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
a
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 01845 Tel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest Street.
b) Premises affected area property with frontage on the North ( ) South O East (p,) West ( )
side of y Forest Street.
c) Premises affected are in Zoning District and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5of8
FEB 1 � "Z003
SQA [� p` pPPEALS
a
Received by Town Clerk:
Joy cE BR
I-PJDS
p l;�y �L F, I I k„
TOWN OF NORTH
BOARD ANDOVER. A�I_,SCHFEB—,
SAUSETTS��03
'4l0:58
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover MA 01845 Tel. No. (978)794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest Street.
b) Premises affected area property with frontage on the North ( ) South () East (y,) West ( )
side of Forest Street.
c) Premises affected are in Zoning District and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
��Q�
�
rv
5of8
EB 1 12003
D
SOAE'p OF APPEALS
f�E
Received by Town Clerk: JDYCE D,R,4D CEf stED
D
TOI�lSHAW
N CLERK
TOWN OF NORTH ANDOVER, MASSACHUS TTSRrH M4DOVER
BOARD OF APPEALS 003 FEB -I A :
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE S 9
7
Applicant Forest Glen Development, Inc Address P 0 Box 248
130 Middlesex St North Andover, MA 01845 Tel. No. -..(978) 794-9191
1. Applicant is hereby made:
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a Special Permit under Section Paragraph
of the Zoning Bylaws t
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authority.
d) For a Comprehensive Permit pursuant_to M.G.L. c.40B, ss.20-23
2. a) Premises affected are land and building(s)
numbered Parcel 71, Lot C Forest I
Street.
b) Premises affected area property with frontage on the North ( ) South () East (y) West ( )
side of Forest Street.
c) Premises affected are in Zoning District and the premises affected have an
area of 45,170 square feet and frontage of 149.89 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Anna Gilbert 260 Main St Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
N,
11 5of9
FEB 1 1 2003
D
BOAPD OF APPEALS
J
,00 �MASS11+01JSING
Massachusetts Housing Finance Agency
One Beacon Street, Boston, MA 02108
TEL: 617.854.1000 FAx:617.854.1029
TDD:617.854.1025 I www.masshousing.com
December 9, 2002
Gerald E. Welch, President
Forest Glen Development, Inc.
136 Middlesex Street
North Andover, MA 01845
Re: Forest Glen Condominium I, North Andover
PE -57
Project Eligibility (Site Approval) Application
Dear Mr. Welch:
This letter is in response to your application for a determination of Project Eligibility (Site Approval)
pursuant to Massachusetts General Laws Chapter 40B and 760 CMR 30-31 (the "Comprehensive Permit
Rules") under the Housing Starts Program (the "Program") of the Massachusetts Housing Finance
Agency ("MassHousing"). The proposal is to build 4 condominium units (the "Project") on
approximately 1 acre of land on Parcel 39 (Lot A) Forest Street, North Andover (the "Site"). The land
is currently undeveloped and located in a residential neighborhood.
This letter is intended to be a written determination of Project Eligibility (Site Approval) in accordance
with the Comprehensive Permit Rules, establishing fundability by a subsidizing agency under a low and
moderate -income housing subsidy program.
MassHousing staff has performed an on-site inspection of the Site and reviewed the pertinent
information submitted by the applicant for the Project in accordance with the Comprehensive Permit
Rules. As a result of our review, we have made the following findings: (1) the proposed housing design
is generally appropriate for the Site; (2) the proposed Project appears financially feasible within the
housing market in which it will be situated based on comparable sales figures; (3) an initial pro forma
has been reviewed and the Project appears financially feasible on the basis of estimated development
costs; and (4) the developer meets the general eligibility standards of the Program. In addition, it
appears that the applicant will be eligible to form an entity or use an existing entity to act as a limited
dividend organization in connection with an application for MassHousing financing and a
D
?Tp.Thpsive Permit under the Program.
3
DEC .� 0 1003
BOARD OF APPEALS
Jane Swift, Governor Michael J. Dirrane, Chairman Thomas R. Gleason, Executive Director
Jane Wallis Gumble, Vice -Chair Robert M. Ruzzo, Deputy Director
Page 2
Forest Glen Condominium I, North Andover
PE -57
Staff has also determined that the Project appears generally eligible under the requirements of the
Program, subject to final review of eligibility and to final approval. These requirements include the
following:
1. The developer must offer a minimum of 25% of the units as affordably priced housing units
enabling families with a gross annual income of 80% of the area median income to qualify to
purchase the unit under generally accepted mortgage loan underwriting standards.
The most recent income limits as published by the U.S. Department of Housing and Urban
Development (HUD) indicate that 80% of the current median family income for North Andover
is $53,920.
2. The affordable units will be governed by a Deed Rider ensuring the units remain affordable to
future buyers, for a minimum of 30 years.
3. The developer must be a limited dividend organization and agree to limit the profit on the
development to not more than 20% of the project's total development costs.
4. The developer must enter into a Regulatory Agreement with MassHousing and the Town of
North Andover stating specific requirements that must be met to comply with the
Comprehensive Permit Rules.
5. The developer must comply with MassHousing's Acquisition Value Policy, which is attached as
Exhibit "A".
The following issues should be addressed and fully explored in the public hearing process:
1. Whether or not the development will comply with all statutory and regulatory restrictions and
conditions relating to protection of drainage, wetlands, vernal pools and wildlife habitats and
nearby conservation areas, if applicable to this Site, except to the extent waived by the
municipality.
2. Whether or not the development will comply with Title V regulations regarding the design and
construction of individual wells, septic systems and wastewater treatment plants if applicable to
this Site, except to the extent waived pursuant to Title V.
3. Whether or not there is adequate parking provided for the dwelling units given the absence of on -
street parking on Forest Street
This approval is expressly limited to the development of no more than 4 homeownership units under the
Program, with not less than 1 of such units designated as affordable homeownership units for low and
moderate income persons or families under the terms of the Program. It is not a commitment or
guarantee of MassHousing's financing and does not constitute a site plan or building design approval.
Page 3
Forest Glen Condominium I, North Andover
PE -57
Should you consider the construction of additional units, you will be required to submit a new Project
Eligibility (Site Approval) application for review by MassHousing.
This approval will be effective for a period of two years from the date of this letter. Should construction
not commence within this period or should the effective period of this letter not be extended in writing
by MassHousing, it shall be considered to have expired and no longer be in effect. In addition, we are
requiring that MassHousing be notified at the following times throughout this two year period: (1) when
the applicant applies to the local ZBA for a comprehensive permit, (2) when the ZBA issues a decision,
and if applicable, (3) when any appeals are filed.
If you have any questions concerning this letter, please contact Richard Herlihy at 617-854-1335.
Sincerely,
Thomas R. Gleason
Executive Director
CC: Ms. Jane Wallis Gumble, Director, DHCD
Rosemary Smedile, Chairperson— North Andover Board of Selectmen
Page 4
Forest Glen Condominium I, North Andover
PE -57
Exhibit "A"
Acquisition Value Policy
The maximum permissible acquisition value which can be included in the Development Budget for a
Construction Loan application will be limited to the lesser of:
a. the "as is" appraised market value of the land and improvements, as estimated by the
MassHousing Home Ownership Department at the time of loan commitment, and subject to
confirmation by an MassHousing-commissioned independent appraisal prior to loan closing; or
b. the purchase price of the land and improvements in the last arm's length transaction, if any,
within the last three years, plus (i) reasonable and verifiable costs of property improvements
made subsequent to the above acquisition and/or (ii) reasonable and verifiable carrying costs
related to the land and improvements, such as interest, taxes and insurance.
Special Restrictions for Comprehensive Permit Developments
In addition to the above -noted acquisition policy, developments which have received a comprehensive
permit will be subject to the following restriction:
Economic benefits of the comprehensive permit shall accrue to the development and shall
not be used to substantiate an acquisition cost that is unreasonably greater than the
current appraised fair market value under existing zoning without a comprehensive
permit in place.
This restriction will be applied regardless of ownership transfers which might take place during the
development process.
01
�MASSI-i OU SING
Massachusetts Housing Finance Agency
One Beacon Street, Boston, MA 02108
TEL: 617.854.1000 FAx:617.854.1029
TDD:617.854.1025 www.masshousing.com
December 9, 2002
Gerald E. Welch, President
Forest Glen Development, Inc.
136 Middlesex Street
North Andover, MA 01845
Re: Forest Glen Condominium II, North Andover
PE -58
Project Eligibility (Site Approval) Application
Dear Mr. Welch:
DEC 11 9 20O2
This letter is in response to your application for a determination of Project Eligibility (Site Approval)
pursuant to Massachusetts General Laws Chapter 40B and 760 CMR 30-31 (the "Comprehensive Permit
Rules") under the Housing Starts Program (the "Program") of the Massachusetts Housing Finance
Agency ("MassHousing"). The proposal is to build 4 condominium units (the "Project") on
approximately 1 acre of land on Parcel 71 (Lot C) Forest Street, North Andover (the "Site"). The land is
currently undeveloped and located in a residential neighborhood.
This letter is intended to be a written determination of Project Eligibility (Site Approval) in accordance
with the Comprehensive Permit Rules, establishing fundability by a subsidizing agency under a low and
moderate -income housing subsidy program.
MassHousing staff has performed an. on-site inspection of the Site and reviewed the pertinent
information submitted by the applicant for the Project in accordance with the Comprehensive Permit
Rules. As a result of our review, we have made the following findings: (1) the proposed housing design
is generally appropriate for the Site; (2) the proposed Project appears financially feasible within the
housing market in which it will be situated based on comparable sales figures; (3) an initial pro forma
has been reviewed and the Project appears financially feasible on the basis of estimated development
costs; and (4) the developer meets the general eligibility standards of the Program. In addition, it
appears that the applicant will be eligible to form an entity or use an existing entity to act as a limited
dividend organization in connection with an application for MassHousing financing and a
Comprehensive Permit under the Program.
� 1111 �
DET D
�. 0 2003
BOARD OF �+ I Jane Swift, Governor Michael J. Dirrane, Chairman I Thomas R. Gleason, Executive Director
APPEALp Jane Wallis Gumble, Vice -Chair Robert M. Ruzzo, Deputy Director
Page 2
Forest Glen Condominium II, North Andover
PE -58
Staff has also determined that the Project appears generally eligible under the requirements of the
Program, subject to final review of eligibility and to final approval. These requirements include the
following:
1. The developer must offer a minimum of 25% of the units as affordably priced housing units
enabling families with a gross annual income of 80% of the area median income to qualify to
purchase the unit under generally accepted mortgage loan underwriting standards.
The most recent income limits as published by the U.S. Department of Housing and Urban
Development (HUD) indicate that 80% of the current median family income for North Andover
is $53,920.
2. The affordable units will be governed by a Deed Rider ensuring the units remain affordable to
future buyers, for a minimum of 30 years.
3. The developer must be a limited dividend organization and agree to limit the profit on the
development to not more than 20% of the project's total development costs.
4. The developer must enter into a Regulatory Agreement with MassHousing and the Town of
North Andover stating specific requirements that must be met to comply with the
Comprehensive Permit Rules.
5. The developer must comply with MassHousing's Acquisition Value Policy, which is attached as
Exhibit "A".
The following issues should be addressed and fully explored in the public hearing process:
1. Whether or not the development will comply with all statutory and regulatory restrictions and
conditions relating to protection of drainage, wetlands, vernal pools and wildlife habitats and
nearby conservation areas, if applicable to this Site, except to the extent waived by the
municipality.
2. Whether or not the development will comply with Title V regulations regarding the design and
construction of individual wells, septic systems and wastewater treatment plants if applicable to
this Site, except to the extent waived pursuant to Title V.
3. Whether or not there is adequate parking provided for the dwelling units given the absence of on -
street parking on Forest Street.
4. Whether or not a traffic study is required to determine if adequate site -turning distance is
provided for public safety purposes prior to entering Lot C.
Page 3
Forest Glen Condominium II, North Andover
PE -58
This approval is expressly limited to the development of no more than 4 homeownership units under the
Program, with not less than 1 of such units designated as affordable homeownership units for low and
moderate income persons or families under the terms of the Program. It is not a commitment or
guarantee of MassHousing's financing and does not constitute a site plan or building design approval.
Should you consider the construction of additional units, you will be required to submit a new Project
Eligibility (Site Approval) application for review by MassHousing.
This approval will be effective for a period of two years from the date of this letter. Should construction
not commence within this period or should the effective period of this letter not be extended in writing
by MassHousing, it shall be considered to have expired and no longer be in effect. In addition, we are
requiring that MassHousing be notified at the following times throughout this two year period: (1) when
the applicant applies to the local ZBA for a comprehensive permit, (2) when the ZBA issues a decision,
and if applicable, (3) when any appeals are filed.
If you have any questions concerning this letter, please contact Richard Herlihy at 617-854-1335.
Sincerely,
Thomas R. Gleason
Executive Director
CC: Ms. Jane Wallis Gumble, Director, DHCD
Rosemary Smedile, Chairperson— North Andover Board of Selectmen
` . Page 4
Forest Glen Condominium II, North Andover
PE -58
Exhibit "A"
Acquisition Value Policy
The maximum permissible acquisition value which can be included in the Development Budget for a
Construction Loan application will be limited to the lesser of:
a. the "as is" appraised market value of the land and improvements, as estimated by the
MassHousing Home Ownership Department at the time of loan commitment, and subject to
confirmation by an MassHousing-commissioned independent appraisal prior to loan closing; or
b. the purchase price of the land and improvements in the last arm's length transaction, if any,
within the last three years, plus (i) reasonable and verifiable costs of property improvements
made subsequent to the above acquisition and/or (ii) reasonable and verifiable carrying costs
related to the land and improvements, such as interest, taxes and insurance.
Special Restrictions for Comprehensive Permit Developments
In addition to the above -noted acquisition policy, developments which have received a comprehensive
permit will be subject to the following restriction:
Economic benefits of the comprehensive permit shall accrue to the development and shall
not be used to substantiate an acquisition cost that is unreasonably greater than the
current appraised fair market value under existing zoning without a comprehensive
permit in place.
This restriction will be applied regardless of ownership transfers which might take place during the
development process.
a' -
v
010-
�MASSHOUSING
Massachusetts Housing Finance Agency
One Beacon Street, Boston, MA 02108
TEL: 617.854.1000 FAX: 617.854.1029
ToD:617.854.1025 www.masshousing.com
December 9, 2002
Gerald E. Welch, President
Forest Glen Development, Inc.
136 Middlesex Street
North Andover, MA 01845
Re: Forest Glen Condominium I, North Andover
PE -57
Project Eligibility (Site Approval) Application
Dear Mr. Welch:
i�n oE��B
OEEICE �E
DEG, 10 2Ot12
i}'
„PicIpment
{�,0'nrrlUfli,L .
cC;�: ;nrvi ,?f•
This letter is in response to your application for a determination of Project Eligibility (Site Approval)
pursuant to Massachusetts General Laws Chapter 40B and 760 CMR 30-31 (the "Comprehensive Permit
Rules') under the Housing Starts Program (the "Program') of the Massachusetts Housing Finance
Agency ("MassHousing'). The proposal is to build 4 condominium units (the "Project") on
approximately 1 acre of land on Parcel 39 (Lot A) Forest Street, North Andover (the "Site'). The land
is currently undeveloped and located in a residential neighborhood.
This letter is intended to be a written determination of Project Eligibility (Site Approval) in accordance
with the Comprehensive Permit Rules, establishing fundability by a subsidizing agency under a low and
moderate -income housing subsidy program.
MassHousing staff has performed an on-site inspection of the Site and reviewed the pertinent
information submitted by the applicant for the Project in accordance with the Comprehensive Permit
Rules. As a result of our review, we have made the following findings: (1) the proposed housing design
is generally appropriate for the Site; (2) the proposed Project appears financially feasible within the
housing market in which it' will be situated based on comparable sales figures; (3) an initial pro forma
has been reviewed and the Project appears financially feasible on the basis of estimated development
costs; and (4) the developer meets the general eligibility standards of the Program. In addition, it
appears that the applicant will be eligible to form an entity or use an existing entity to act as a limited
dividend organization in connection with an application for MassHousing financing and a
Comprehensive Permit under the Program.
9 1_, ff Y
S U
DEC G o � 200
BOARD OF APPEALS Jane Swift, GovernorI Michael J. Dirrane, Chairman I Thomas R. Gleason, Executive Director
)ane Wallis Gumble. Vire-rhnir Rnhart U o no,,,,.,,
Page 2
Forest Glen Condominium I, North Andover
PE -57
Staff has also determined that the Project appears generally eligible under the requirements of the
Program, subject to final review of eligibility and to final approval. These requirements include the
following:
1. The developer must offer a minimum of 25% of the units as affordably priced housing units
enabling families with a gross annual income of 80% of the area median income to qualify to
purchase the unit under generally accepted mortgage loan underwriting standards.
The most recent income limits as published by the U.S. Department of Housing and Urban
Development (HUD) indicate that 80% of the current median family income for North Andover
is $53,920.
2. The affordable units will be governed by a Deed Rider ensuring the units remain affordable to
future buyers, for a minimum of 30 years.
3. The developer must be a limited dividend organization and agree to limit the profit on the
development to not more than 20% of the project's total development costs.
4. The developer must enter into a Regulatory Agreement with MassHousing and the Town of
North Andover stating specific requirements that must be met to comply with the
Comprehensive Permit Rules.
5. The developer must comply with MassHousing's Acquisition Value Policy, which is attached as
Exhibit "A".
The following issues should be addressed and fully explored in the public hearing process:
1. Whether or not the development will comply with all statutory and regulatory restrictions and
conditions relating to protection of drainage, wetlands, vernal pools and wildlife habitats and
nearby conservation . areas, if applicable to this Site, except to the extent waived by the
municipality.
2. Whether or not the development will comply with Title V regulations regarding the design and
construction of individual wells, septic systems and wastewater treatment plants if applicable to
this Site, except to the extent waived pursuant to Title V.
3. Whether or not there is adequate parking provided for the dwelling units given the absence of on -
street parking on Forest Street
This approval is expressly limited to the development of no more than 4 homeownership units under the
Program, with not less than 1 of such units designated as affordable homeownership units for low and
moderate income persons or families under the terms of the Program. It is not a commitment or
guarantee of MassHousing's financing and does not constitute a site plan or building design approval.
Page 3
Forest Glen Condominium I, North Andover
PE -57
Should you consider the construction of additional units, you will be required to submit a new Project
Eligibility (Site Approval) application for review by MassHousing.
This approval will be effective for a period of two years from the date of this letter.- Should construction
not continence within this period or should the effective period of this letter not be extended in writing
by MassHousing, it shall be considered to have expired and no longer be in effect. In addition, we are
requiring that MassHousing be notified at the following times throughout this two year period: (1) when
the applicant applies to the local ZBA for a comprehensive permit, (2) when the ZBA issues a decision,
and if applicable, (3) when any appeals are filed.
If you -have --any questions concerning - this -jetter; please contact Richard Herlihy at 617-854-1335.
Sincerely,
Thomas R. Gleason
Executive Director
CC: Ms. Jane Wallis Gumble, Director, DHCD
Rosemary Smedile, Chairperson— North Andover Board of Selectmen
Page 4
Forest Glen Condominium I, North Andover
PE -57
Exhibit "A"
Acquisition Value Policy
The maximum permissible acquisition value which can be included in the Development Budget for a
Construction Loan application will be limited to the lesser of
a. the "as is" appraised market value of the land and improvements, as estimated by the
MassHousing Home Ownership Department at the time of loan commitment, and subject to
- - _- _-confirmation-by an-MassHousing-commissioned independent -appraisal -prior to -loan closing, -o-r -
b. the purchase price of the land and improvements in the last arm's length transaction, if any,
within the last three years, plus (i) reasonable and verifiable costs of property improvements
made subsequent to the above acquisition and/or (ii) reasonable and verifiable carrying costs
related to the land and improvements, such as interest, taxes and insurance.
Special Restrictions for Comprehensive Permit Developments
In addition to the above -noted acquisition policy, developments which have received a comprehensive
Permit will be subject to the following restriction:
Economic benefits of the comprehensive permit shall accrue to the development and shall
not be used to substantiate an acquisition cost that is unreasonably greater than the
current appraised fair market value under existing zoning without a comprehensive
hermit in nlare
ip transfers which might take place during the
Mark H. Rees
Town Manager
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
PA,
October 18, 2002
Mr. Richard Herlihy, Development Officer Nlt p 1 n y
Massachusetts Housing Finance Agency
One Beacon Street
Boston, MA 02108
Rls: Project Eligibility Letter — Forest Glen Condominium I — PE -57
Dear Mr. Herlihy:
Telephone (978).688-9510
FAX (978) 688-9556
We are in receipt of your letter dated September 23, 2002 whereas Forest Glen Development is requesting
funding from your institution through the Housing Starts program for an 8 unit development on Forest
Street in North Andover, Massachusetts.
It is important to note we did not receive any documentation on the project, other than the plans received
from the applicant, as listed below:
• Plan entitled "Preliminary Site Plan for Comprehensive Permit application, Forest Glen
Condominiums, North Andover, Massachusetts", dated March 5, 2002 prepared by
Andover Consultants, Inc.; and
• Plans entitled "Front, Left, Right & Rear Elevation, First Floor Plan, Second Floor Plan
& Elevation Plan" prepared by Bernard, dated 1/16/02.
Pursuant to your request, below listed please find our comments relative to the proposed project.
1. Adequacy of Proposed Septic System: It is unclear if the septic system for each 4 unit building
is adequate to accommodate each unit containing 2 bedrooms. The septic system, as proposed, appears
to be larger than each 4 unit dwelling. The applicant will need to provide more concise details to the
Public Health Director, and the Board of Health, to ensure that the septic system is reviewed and
approved in accordance with Title V Regulations.
2. Proposed Parking for Dwelling_ Units: The plans depict one parking space for each
townhouse proposed within the dwelling. It is a major concern that ample parking be provided as Forest
Street is a narrow street that will not accommodate on -street parking. As such, it is fairly obvious that
a 2 bedroom dwelling unit should contain at least a minimum of two parking spaces per unit. Therefore,
we believe the parking spaces should be increased to provide for a realistic amount of parking within the
parcels that the dwellings are located on.
�ECNN WN
UL;2 5 2002
P�Ji
BOARD OF APPEALS
3. Water: The plans depict a proposed 12" water line with a proposed hydrant and gate valve for
the proposed dwellings. These proposed utilities will need to be reviewed by the Department of Public
Works and Fire Department when the applicant provides more detailed information to each of the
respective departments to ensure water .capacity, flow, etc.
4. Traffic: As stated above, Forest Street is an existing town street that is very narrow. The
applicant will need to provide site distance details and criteria. One major area of concern is that prior
to approaching Lot C via a right-hand turn, there is a very sharp curve on Forest Street that a motor
vehicle will have just driven through. It is important to ensure that adequate site -turning distance is
provided for public safety purposes prior to entering Lot C.
The above comments essentially summarize the town's concerns at this point of the project. The town
has not received any pro -forma information, and again, has essentially only received the bare minimum of
information that was provided by the applicant on the submitted plans. However, the town anticipates if
the applicant receives funding from your institution that when an official application is filed with the
Zoning Board of Appeals, the town will work closely with the applicant to ensure the proper
documentation is received to ensure a thorough review on behalf of the town.
We thank you for providing us with the opportunity to comment.
Smce�ely,
Rosemary Smedf e
Chairperson, North Andover Board of Selectmen
cc: Gerard E. Welch, Inc.
130 Middlesex Street
North Andover, MA 01845
Heidi Griffin, Community Development Director
North Andover Zoning Board of Appeals
North Andover Planning Board
North Andover Conservation Commission
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
CIVIL ACTION NO. 00-848-B
Linda M. Emro, Trustee of Pine Hollow Trust,
and Anna M. Gilbert,
Plaintiffs,
V.
Raymond Vivenzio, Robert Ford, Walter F. Soule,
Scott Karpinski, George Earley, and Ellen McIntyre,
As they are members of the Zoning Board of Appeals
For The Town of North Andover,
Defendants.
)STIPULATION OF DISMISSAL.
Pursuant to Mass. R. Civ. P. 41(a)(1), the parties hereby stipulate that this action shall be
and hereby is dismissed without costs.
All rights of appeal are waived.
Linda M. Emro,Trustee of Pine Hollow Trust, Town of North Andover
and Anna M. Gilbert, Zoning Board of Appeals,
By their attorney, By their attorney,
Donald F. Borenstem BBO No. 566810
Law Offices of Mark B. Johnson
12 Chestnut Street
Andover, MA 01810
(978) 475-4488
Dated: �,rlL 'L{; , 2002
R 2 9
sAwp5l\work\n-andoA.4 ( on adismissal.doc
- OPAPPEAIS
Thomas J. U lis BBO No. 506560
Urbelis & Fi; dsteel, LLP
155 Federal Street
Boston, MA 02110
(617) 338-2200
D 0)
o6 doq
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
RECEIVED
JOYCEBRADSHAW
TOWN CLERK
NORTH ANDOVER
1000 APR 2q A 11: 18
FAX (978) 688-9512
Any appeals shall be filed NOTICE OF DECISION
within (20) days after the Year 2000
date of filing of this notice Property at: Lot A-1, Forest St.
in the office of the Town Clerk
NAME: Linda M. Emro, Trustee DATE: 4/12/2000
ADDRESS: for premises: Lot A-1, Forest St. PETITION: 008-2000
North -Andover, MA 01845 HEARING: 4/11/2000
The:Board of Appeals held a regular meeting on -Tuesday evening, April 11, 2000 at 7:30 PM upon the
application of, Linda M. Emro, Trustee, of Pine Hollow Trust, 781 Forest St., North Andover, for premises
at: Lot A-1, Forest St., North Andover, MA Petitioner is a party aggrieved for a review made by the
Building Inspector and for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area
and street frontage in order to construct a single family dwelling within the R-1 zoning district.
The following members were present: Raymond Vivenzio, Robert Ford, Scott Karpinski, George Earley
and Ellen McIntyre.
Upon a motion made by George Earley and 2`d by Ellen McIntyre the Board voted to DENY .
the application for a variance for Lot C, and DENY the party aggrieved petition, and to uphold the
decision.of:the Building Inspector. Based upon advice received in correspondence received from -Town
Counsel dated March 24, 2000 and April 10, 2000; the Board found that a variance granted for this lot in
1990 was not properly exercised and had lapsed. The Board deemed the conveyance of adjoining land to
the rear to be of no assistance to the petitioner as it occurred more than (1) year from the date of the
variance. That being the case, the issue of a new variance request was taken up. The Board found no
circumstances relating to the soil conditions, shape or topography of the land to exist warranting variance
relief. No hardship resulting therefrom being present, the variance request was likewise denied. Voting in
favor of the denial: Raymond Vivenzio, Scott Karpinski, Ellen McIntyre, and George Earley.
ml/decisions2000/12
B r of t g Board of Appeals,
Raymond ive , Acting Chairman
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
pt n ,o 4
+N 0
� w
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
r NORTH ANDOVER, MASSACHUSETTS U 1345
FAX (973) 683-9542
Any appeals shall be filed NOTICE OF DECISION
within (20) days after the Year 2000
date of filing of this notice Property at: Lot A-1, Forest St
in the office of the Town Clerk
NAME: Linda M. Emro, Trustee of Pine Hollow DATE: 1/18/2000
ADDRESS: for premises at: Lot A-1, Forest St PETITION: 047-99
North Andover; MA 01845 HEARING: 1/11/2000
The Board of Appeals held a regular meeting on Tuesday evening, January. 11 . , 2000, at 7:50 PM upon the
application of Linda M. Emro, Trustee of Pine Hollow, for premises at: Lot A-1, Forest Street, North
Andover, MA. Petitioner is requesting a variance from the requirements of Section 7, paragraph 7. 1, & 7.2
for lot area and street frontage in order to construct a single family. dwelling.
The following members were present: Waiter F. Soule, Robert Ford, John Pallone, Ellen McIntyre, George
Earley.
Upon a motion made by Robert Ford and seconded by John Pallone, the Board voted to allow the petitioner
to withdraw without prejudice. Voting in favor of the withdrawal: Walter F. Soule, Robert Ford, John
Pallone, Ellen McIntyre, George Earley.
By order of the Zoning Board of Appeals,
Walter F. Soule, Acting Chairman
mlldecisions2000/5
BOARD OF APPE.ALS 688-9541 BUILDNGS 683-9545 CONSERVATION 688-9530 HEALTH 681-9544 PL.VNN1NG 683 ')535
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
CIVIL ACTION NO. 00-848-B
Linda M. Emro, Trustee of Pine Hollow Trust,
and Anna M. Gilbert,
Plaintiffs,
0
Raymond Vivenzio, Robert Ford, Walter F. Soule,
Scott Karpinski, George Earley, and Ellen McIntyre,
As they are members of the Zoning Board of Appeals
For The Town of North Andover,
Defendants.
)STIPULATION OF DISMISSAL
Pursuant to Mass. R. Civ. P. 41(a)(1), the parties hereby stipulate that this action shall be
and hereby is dismissed without costs.
All rights of appeal are waived.
Linda M. Emro,Trustee of Pine Hollow Trust,
and Anna M. Gilbert,
By their attorney,
Donald F. Borenstein BBO No. 566810
Law Offices of Mark B. Johnson
12 Chestnut Street
Andover, MA 01810
(978)475-4488
Dated: 2.t,'!. '24; , 2002
INEPR 2 ��Q
9 ��`�
s:\wp51\work\n-andove MActip'l on of dismissal.doc
0PAPPEACS
Town of North Andover
Zoning Board of Appeals,
By their attorney,
Thomas J. U lis BBO No. 506560
Urbelis & Fi dsteel, LLP
155 Federal Street
Boston, MA 02110
(617) 338-2200
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Any appeals shall be filed NOTICE OF DECISION
within (20) days after the Year 2000
date of filing of this notice Property at: Lot C, Forest St.
in the office of the Town Clerk
NAME: Anna 1VL Gilbert DATE: 4/12/2000
ADDRESS: for premises: Lot C, Forest St. PETITION: 007-2000
North Andover, MA 01845 HEARING: 4/11/2000
RECEIVED
JOYCE BRADSHAW
TOWN CLERK
NORTH ANDOVER
.1000 APR 2Q A 11: 18
FAX (978) 688-9542
The Board of Appeals held a regular meeting on. Tuesday evening, April 11, 2000 at 7:30 PM upon -.the
application of. Anna M. Gilbert, 260 Main St., Apt. 2, Salem, N.H., for premises at: Lot C. Forest St.,
North Andover, MA. Petitioner is a party aggrieved for a review made by the Building Inspector and for a
Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to
construct a single family dwelling within the R-1 zoning district.
The following members were present: Walter F. Soule, Raymond Vivenzio, Robert Ford, Scott Karpinski
and George Earley.
Upon a motion made; by George Earley and 2o'. by Ellen McIntyre the Board voted to DENY
the application fora variance for Lot C,. and DENY the party :aggrieved petition, and to uphold the
decision of the Building Inspector. , Based upon advice received in correspondence received from Town
Counsel dated March 24; 2000 and April 10, 2000, the Board found that a variance granted for this lot in,
1990 was not properly exercised and had lapsed. The Board deemed the conveyance of adjoining land to
the rear to be of no assistance to the petitioner as it occurred more than (1) year from the date of the
variance. That being the case, the issue of a new variance request was taken up. The Board found no
circumstances relating to the soil conditions, shape or topography of the land to exist warranting variance
relief. No hardship resulting therefrom being present, the variance request was likewise denied. Voting in
favor of the denial: Raymond Vivenzio, Scott Karpinski, Ellen McIntyre, and George Earley.
ml/decisions2000/11
B r of the Zo Board of Appeals,
ymond ivenzio, cting Chairman
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAT NING 688-9535
0.
~ s
JSACHu6e�
NORTH ANDOVER
OFFICE 0 F
THE ZONL iG BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, IvfASSACI-METTS U 1445
FA'( (978) 688-9542
Any appeals shall be filed NOTICE OF DECISION
Within (20) days after, the Year 2000
date of filing ofthis notice Property at: Lot C, Forest Street
in the office of the Town Clerk.
NAME: Anna M Gilbert DATE: 1/18/2000
ADDRESS: 260 Main St., Apt. 2, Salem, N.H. PETITION: 048-99
for premises at: Lot C., Forest St..
North Andover, MA 01845 HEARING: 1/11/2000
The Board of Appeals held a regular meeting on Tuesday evening, January 11, 2000, at 7:30 PM upon the
application of Anna M. Gilbert, 260 Main St., Apt 2, Salem New Hampshire, for premises at: Lot C.,
Forest St" North Andover, MA. Petitioner is requesting a variance from the
requirements
paragraph 7.1, & 7.2 for lot area and street frontage in order to construct a single amity dweelling.
The following members were present: Walter F. Soule, Robert Ford, John Pallone, Ellen McIntyre, George
Earley.
Upon a motion made by Robert Ford and seconded by John Pallone, the Board voted to allow the petitioner
to withdraw without prejudice. Voting in favor of the withdrawal: Walter F. Soule, Robert Ford, John
Pallone, Ellen McIntyre, George Earley.
By order of the Zoning Board of Appeals,
Waiter F. Soule, Acting Chairman
ml/decisions2000/6
BOARD OF.VPEAL.S 688-9541 BL'ILDNGS 683 9545 CONSERVATION 688-9530 HEALTH 683!)540 PLAIN i1NG 683-9535
�' SEE P —
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,,jO ow �MASSIWUSING
Massachusetts Housing Finance Agency
One Beacon Street, Boston, MA 02108
TEL:617.854.1000 I FAx:617.854.1029
TDo:617.854.1025 www.masshousing.com
December 9, 2002
Gerald E. Welch, President
Forest Glen Development, Inc.
136 Middlesex Street
North Andover, MA 01845
Re: Forest Glen Condominium H, North Andover
PE -58 Application
Project Eligibility (Site Approval) App
,D� D
1n1 oE� � a
NORiH APIDOMa p�f,R
OffICE Uf TOWN
Dear' V&- Welch:
in response to your application for a determination of Project Eligibility omrehensve Pere
This letter is P
pursuant to Massachusetts General Laws Chapter 40B and 760 of the Massachusetts Housing Finan
the Program) the °Pro ecf' .4
Rules") under the Housing Starts Program ( _
Agency {'MassHousing'�. The proposal is to . build 4 condo r odoveunits
(the "Site"). The land
g Y of C Forest Street,
approximately 1 acre of land on Parcel 71(L )
currently undeveloped and located in a residential neighborhood.
Ordan
This letter is intended to be a written determination of Project bligibiubs subsidizing agency Approval)
ander aclow a
with the Comprehensive Permit Rules, establishing fundabil><ty y
moderate -income housing subsidy program.
MassHousing staff has performed an on-site inspection of the Site and reviewed the pertinf
information submitted by the applicant for the Project in accordance with the Comprehensiveed houing desi
info
Rules. As a result of our review, we hateedethe ropos d P oject appears financially feasible within 1
is generally appropriate for the Site, () P arable 3 an initial ro fon
housing market in which it will be situated based o lc feasMP
ibleon the basseof estimated developmt
has been reviewed and the Project appears financially
costs; and 4 the developer meets the general eligibility standards of the Program• . In addition;
co O or use an existing entity to act as a limn
appears that the applicant will be eligible to form an en . for MassHousing financing and
dividend organization in connection with, an application
Comprehensive Permit under the Program.
DEC :J 0 2002
,,:, 6 1 1 Nrrnnr rhairman I Thomas R. Gleason, Executive Dir
I
k
Page 2
Forest Glen Condominium Il, North Andover
PE -58
Staff has also determined that the Project appears generally eligible under the requirements of the
Program, subject to final review of eligibility and to final approval.. These requirements include the
following:
1. The developer must offer a minimum of 25% of the units as affordably priced housing units
enabling families with a gross annual income of 80% of the area median income to qualify to
purchase the unit under generally accepted mortgage loan underwriting standards.
The most recent income limits as published by the U.S. Department of Housing and Urban
Development (HUD) indicate that 80% of the current median family income for North Andover
is $53,920.
2. The affordable units will be governed by a Deed Rider ensuring the units remain affordable to
future buyers, fora minimum of 30 years.
3. The developer must be a limited dividend organization and agree to limit the profit on the
development to not more than 20%0 of the project's total development costs.
4. The developer must enter into a Regulatory Agreement with MassHousing and the Town of
North Andover stating specific requirements that must be met to comply with the
Comprehensive Permit Rules.
5. The developer must comply with MassHousing's Acquisition Value Policy, which is attached as
Exhibit "A".
The following issues should be addressed and fully explored in the public hearing process:
1. Whether or not the development will comply with all statutory and regulatory restrictions and
conditions relating to protection of drainage, wetlands,. vernal pools and wildlife habitats and
nearby conservation areas, if applicable to this Site, except to the extent waived by the
municipality.
2. Whether or not the development will comply with Title V regulations regarding the design and
construction of individual wells, septic systems and wastewater treatment plants if applicable to
this Site, except to the extent waived pursuant to Title V.
3. Whether or not there is adequate parking provided for the dwelling units given the absence of on -
street parking on Forest Street.
4. Whether or not a traffic study is required to determine if adequate site -turning distance is
provided for public safety purposes prior to eniering Lot C.
k
Page 3
Forest Glen Condominium II, North Andover
PE -58
This approval is expressly limited to the development of no more than 4 homeownership units under tI
Program, with not less than 1 of such units designated as affordable homeownership units for low an
moderate income persons or families under the terms of the Program. It is not a commitment c
guarantee of MassHousing's financing and does not constitute a site plan or building design approva
Should you consider the construction of additional units, you will be required to submit a new Projec
Eligibility (Site Approval) application for review by MassHousing.
This approval will be effective for a period of two years from the date of this letter. Should constructio.
not continence within this period or should the effective period of this letter not be extended in writin;
by MassHousing, it shall be considered to have expired and no longer be in effect. In addition, we ars
requiring that MassHousing be notified at the following times throughout this two year period: (1) whej
the applicant applies to the local ZBA for a comprehensive .permit, (2) when the ZBA issues a decision
and if applicable, (3) when any appeals are filed.
If you have any questions concerning this letter, please -contact Richard Herlihy at 617-854-1335.
Sincerely,
Thomas R. Gleason
Executive Director
CC: Ms. Jane Wallis Gumble, Director, DHCD
Rosemary Smedile, Chairperson— North Andover Board of Selectmen
Page 4
Forest Glen Condominium II, North Andover
PE -58
Exhibit "A"
Acquisition Value Policy
The maximum permissible acquisition value which can be included in the Development Budget for a
Construction Loan application will be limited to the lesser of:
a. the "as is" appraised market value of the land and improvements, as estimated by the
MassHousing Home Ownership Department at the time of loan commitment., and subject to
confirmation by an MassHousing-commissioned independent appraisal prior to loan closing; or
b. the purchase price of the land and improvements in the last arm's length transaction, if any,
within the last three years, plus (i) reasonable and verifiable costs of property improvements
made subsequent to the above acquisition and/or (ii) reasonable and verifiable carrying costs
related to the land and improvements, such as interest, taxes and insurance.
Special Restrictions for Comprehensive Permit Developments
In addition to the above -noted acquisition policy, developments which have received a comprehensive
permit will be subject to the following restriction:
Economic benefits of the comprehensive permit shall accrue to the development and shall
not be used to substantiate an acquisition cost that is unreasonably greater than the
current appraised fair market value under existing zoning without a comprehensive
permit in place.
This restriction will be applied regardless of ownership transfers which might take place during the
development process.
FEB -19-2003 WED 12:1k PM MARKJOHNSON FAX N0, 9784756703 P. 03/04
1
Rercived by •.town tauri•_: };};
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-BOARD 01Z APITALS
A1'l'1'.1(:A'I'1(:)N 1�O1ti 1tTiLlr.h FROM �'11G 7.UNJNCi UTi.U1NANCL� '� � ��r I)ei
Apli is iml... froresL tiler t)avelunmwit, !tic --Address Y 0 Dox 248
13(? l`I1,id:lE��x.Sk.l�c�Lill.11n�jnve�;,.�I Q O184S'I•el. No.9? 79 —8191 _
i . Ahplicanl is hereby 117ade;
fl.) For n Variance 1;4,11'1.1114 regt.tireraitnts ur'SCctiotl
and 'I tihle of tl� , lollingBylaws.
Ir) For a SlIccial I'erntit under Section_-
of the lo11im, Bylaws
C) As a fury Ag,14-icve..ct, for rvView oFt1 dc:(;isinn made by i11e Building Inspector or <)tl,er
tluchority.
d) For a Compt'ehenaive )!,erucit pur.st,ant to M.G,L, c -60B, as,20•-23
2. t1) 1'rulniSes a-(lecIed are hind. _ ,_,,md bujjd ngs)
aurrlbc.red 1'nrcel 71, Lot C Forust __.....----._ --. _•Sheet.
h) 1'r�111isrs ath etc d cu•"1,hr0perty with li•ontao(: on the North O Soiah O East ( )West (K)
SideForeat,....._. ,Street.
c;) 1'reniises aritcled are ill Zonint; Distrie'l._____ , _ alld Ilse hrealiscs 4tffected have tui
t1rr.,1 of 45, 170 __s()uttre fzet anr) ironra6e of --149.89 _feet.
3. Ownership:
ri) Mitiv; And address ofowncr (if joint ownership, give a narncs):
Anna Gilbarr 260 Main 5t Salem, NII 03079
_Provious Owner —
b) 1. 11•nl)plir.,01 is not owner, check his/her interest is premises:
X.. „ .11ro5haetivc Purchaser Lessee Other
2.. I,car,:r Of cullhorir►tu>n for ViiihmedSpecial fti-mit rcgttired
5 oFU
NORTH ANDOVER
OFFICE OF
- THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACH[JSETTS 01845
Any appeals shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Cleric
NOTICE OF DECISION
Year 2000
Property at: Lot C, Forest St.
NAME: Anna M. Gilbert DATE: 4/12/2000
ADDRESS: for premises: Lot C, Forest St. PETITION: 007-2000
North Andover, MA 01845 HEARING: 4/11/2000
RECEIVED
JOYCE BRADSHAW
TOWN CLERK
NORTH ANDOVER
.2000 APR 2 u A 11: 18
FAX (978) 688-9542
The Board of Appeals held a regular meeting on Tuesday evening, April 11, 2000 at 7:30 PM upon the
application of Anna M. Gilbert, 260 Main St., Apt. 2, Salem, N.H., for premises at: Lot C. Forest St.,
North Andover, MA. Petitioner is a party aggrieved for a review made by the Building Inspector and for a
Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to
construct a single family dwelling within the R-1 zoning district.
The following members were present:, Walter F. Soule, Raymond Vivenzio, Robert Ford, Scott Karpinski
and George Earley.
Upon a motion made by George Earley. and 2'd by Ellen McIntyre the Board voted to DENY
the application for a variance for Lot C, and DENY the party aggrieved petition, and to uphold the
decision of the Building Inspector. Based upon advice received in correspondence received from Town .
Counsel dated March 24, 2000 and April 10, 2000, the Board found that a variance granted for this lot in
1990 was not properly exercised and had lapsed. The Board deemed the conveyance of adjoining land to
the rear to be of no assistance to the petitioner as it occurred more than (1) year from the date of the
variance. That being the case, the issue of a new variance request was taken up. The Board found no
circumstances relating to the soil conditions, shape or topography of the land to exist warranting variance
relief. No hardship resulting therefrom being present, the variance request was likewise denied Voting in
favor of the denial: Raymond Vivenzio, Scott Karpinski, Ellen McIntyre, and George Earley.
B r of the Zo ' Board of Appeals,
ymond ivenzio,cting Chairman
ml/decisions2000/11
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLA,ti'NING MQ
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
FAX (978) 688-9'
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St., North Andover, MA., on Tuesday the 14`x' day of March, 2000 at
7:30 PM to all parties interested in the appeal of Anna. M. Gilbert, 260 Main St., Apt.. 2,
Salem, N.H., for premises at: Lot C, Forest St., North Andover. Petitioner is a Party
Aggrieved for a review made by the Building Inspector and for a Variance from the
requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to
construct a single family dwelling.
Said premises affected is land with frontage on the South side of Forest Street within the
R-1 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North'
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on -February 2q, and March 7, 2000.
MUlegalnotice 2000/5
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BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
FAX (978) 688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St., North Andover, MA., on Tuesday the 14°i day of March, 2000 at
7:30 PM to all parties interested in the appeal of Anna.. M. Gilbert, 26.0. Main. St.,. Apt, 2,
Salem, N.H., for premises at: Lot C, Forest St., North Andover. Petitioner is a Party
Aggrieved for a review made by the Building Inspector and for a Variance from the
requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to
construct a single family dwelling.
Said premises affected is land with frontage on the South side of Forest Street within the
R -I Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on February 21f, and March 7, 2000
MI/legalnotice 2000/5
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
r
ADDENDUM
The Building Inspector has denied the application of applicant for a building permit upon
two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre
area required by the ordinance. The second basis is the lot contains frontage of 150.16 feet, which
is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that
Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are
the subject of a prior and valid variances.
Applicant believes that Applicant is entitled to relief because the subject lot has the benefit
of valid variances. This Board granted two variances. The first variance is dated February 15,
1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This
variance granted a frontage and size variance to the subject lot (Plan No. 7809). The second
variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book
3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these
variances, eight (8) separate lots were legally created, including the subject lot. The Building
Inspector declined to honor the variances upon the basis that the variances were not properly
exercised within one (1) year of date of issue. It is the position of Applicant that said variances
were in fact properly exercised. The then owner of the lots conveyed various lots in accordance
with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by
Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the
subject lot and prevents the subject lot from coming into compliance with the current zoning
regulations. The Massachusetts Appeals Court in the case of Hogan v. Haves, 19 Mass. App. Ct.
399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a
lot, that the variance is sufficiently and irrevocably exercised by the partition of the property
according to the variance. In this case, the subject property was partitioned according to the
J
variances. Therefore, that variances were properly and irrevocably exercised. The denial of the
Building Permit should be overturned.
In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a
current variance. The premise is unique in the following ways: (i) its size and shape were created
by the said prior variance, (ii) it is bounded by a public way, the lot created by the said prior
variance, and two (2) unrelated lots. This configuartion prevents expansion of the lot in order to
create a conforming lot. Denial of a variance would create a substantial hardhip in that it would not
allow the use of the lot for purposes in compliance with the zoning ordiance, and would leave the
lot with no economically feasible use. Each of these grounds has been found consitute a hardship
under the zoning statute. See Cavanaugh vs. Di umera, 9 Mass. App.Ct. 396, 401-402 (1980),
Chater v. Board ofjppeals of Milton, 348.Mass 237 (1964). This relief may be granted without
derogating from the purpose of the ordinance in that the resulting use will be consistent with both
the neighborhood and in compliance with the allowable uses in the zoning district. The granting of
the varinace would not be against public interest in that it would allow a lot which is consistent
with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in
conformity with the prevous granted variances.
For each of these reasons, the Applicant request that the decision of the Building Inspector be
overruled, or in the alternative that the Applicant be granted a variance.
ADDENDUM
The Building Inspector has denied the application of applicant for a building permit upon
two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre
area required by the ordinance. The second basis is the lot contains frontage of 150.16 feet, which
is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that
Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are
the subject of a prior and valid variances.
Applicant believes that Applicant is entitled to relief because the subject lot has the benefit
of valid variances. This Board granted two variances. The first variance is dated February 15,
1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This
variance granted a frontage and size variance to the subject lot (Plan No. 7809). The second
variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book
3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these
variances, eight (8) separate lots were legally created, including the subject lot. The Building
Inspector declined to honor the variances upon the basis that the variances were not properly
exercised within one (1) year of date of issue. It is the position of Applicant that said variances
were in fact properly exercised. The then owner of the lots conveyed various lots in accordance
with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by
Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the
subject lot and prevents the subject lot from coming into compliance with the current zoning
regulations. The Massachusetts Appeals Court in the case of Hogan v. Haves, 19 Mass. App. Ct.
399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a
lot, that the variance is sufficiently and irrevocably exercised by the partition of the property
according to the variance. In this case, the subject property was partitioned according to the
variances. Therefore, that variances were properly and irrevocably exercised. The denial of the
Building Permit should be overturned.
In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a
current variance. The premise is unique in the following ways: (i) its size and shape were created
by the said prior variance, (ii) it is bounded by a public way, the lot created by the said prior
variance, and two (2) unrelated lots. This configuartion prevents expansion of the lot in order to
create a conforming lot. Denial of a variance would create a substantial hardhip in that it would not
allow the use of the lot for purposes in compliance with the zoning ordiance, and would leave the
lot with no economically feasible use. Each of these grounds has been found consitute a hardship
under the zoning statute. See CavanaughDi lumera, 9 Mass. App.Ct. 396, 401-402 (1980),
Chater v. Board ofjppeals of Milton, 348 Mass 237 (1964). This relief may be granted without
derogating from the purpose of the ordinance in that the resulting use will be consistent with both
the neighborhood and in compliance with the allowable uses in the zoning district. The granting of
the varinace would not be against public interest in that it would allow a lot which is consistent
with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in
conformity with the prevous granted variances.
For each of these reasons, the Applicant request that the decision of the Building Inspector be
overruled, or in the alternative that the Applicant be granted a variance.
r
`
sSAemu ggt i_
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
FAX (978) 688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St., North Andover, MA., on Tuesday the 14'' day of March, 2000 at
7:30 PM to all parties interested. in the appeal of Anna. M. Gilbert, 2.60 Main St., Apt. 2,
Salem, N.H., for premises at: Lot C, Forest St., North Andover. Petitioner is a Party
Aggrieved for a review made by the Building Inspector and for a Variance from the
requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to
construct a single family dwelling.
Said premises affected is land with frontage on the South side of Forest Street within the
R-1 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on February 2?', and March 7, 2000.
MI/legalnotice 2000/5
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Zoning Bylaw.Review Form
Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
Phone 978-688-9645 Fax 978-688-9642
Street: -- --
- Forest St. Lots A & C --
Ma /Lot:
1050 / 71 & 38
Applicant:
William J. & Deana J. Hamel f Ronald F. & Linda M. Emro I Anne M. Gilbert
Request:
Construction of 2 single family homes on lots 71 & 39
Date:
January 24 2000
1
Frontage Insufficient X
Please he advised that after review of your Building Permit Application and Plans that
your Application is DENIED for the following Zoning Bylaw reasons:
Zonina
Rernedv for the ahnve is cher_kad halnw_
Item III Special Permits Planning Board
Item Notes
Site Plan Review Special Permit
Item Notes
A
Lot Area
F
Frontage
1
Lot area Insufficient X
1
Frontage Insufficient X
2
Lot Area Preexisting
2
Frontage Complies
3
Lot Area Complies
3
Preexisting frontage
4
Insufficient Information
4
Insufficient information
B
Use
5
No access over Frontage
1
Allowed
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Infomtation
C
Setback
H
Building Height, -
1
All setbacks comply
1
Height Exceeds kximu'
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 setback(s)
1
Coverage exceeds maximum.
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
1
Not In Watershed
4
Insufficient Information
2
In Watershed
J
Sign
3
1 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
2
Parkin Com lies
3
Insufficient Information
Rernedv for the ahnve is cher_kad halnw_
Item III Special Permits Planning Board
Item A Variance
Site Plan Review Special Permit
Setback Variance
Access other than Frontage Special Permit
Parking Variance
Fronta a Exception Lot Special Permit
At / F1 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 Sign
R-6 Density Special Permit
Other
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 shag be based on verbal emAnnatlons by the applkxnt 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 shag be grounds for this review to be vokled at the discretion of the
Building Department. The attached document tilled *Plan Review Narrative' shag be attached hereto and Incorporated herein
by reference. (((T���he building department will retain an plans and documentation for the above file. You must Ne a new building
perms appli f n fo 7ndtn ng pis
/ffa
C/ i a div i 0�
r uil ing Depanm nt Official Signature App' ion eceived Appli6ation 6enied
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:
\62R �,2 ,� a
RECEIVED
Received by Town Clerk: JOYCE BRADSHAW
LERK
Applicant
TOWN C
TOwN NORTH ORTH AINDOVER. -kLaSSACHUSETTS ORTN ANDOVER
BOARD of APPEALS 1000 FEB .10 A I1: 48
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Anna M. Gilbert
Salem, NH 03079
Address 260 Main Street, Apt.
Tel. No. , G°osSi.d�h
I . Applicant is hereby made:
a)or a variance Crom the requirements of Section
Para`raph�/Y 7•d- and Table of the Zonin` Bvlaws.
b) For a Special Permit under Section Parasraph
of the Zoninf7 Bylaws
c) As a Party' Aggrieved. for review of a decision made by the Building Inspector or other
authority.
?. a) Premises affected are land and buildimu(s)
numbered Street.
b) Premises affected area property with frontage on the North ( ) South (X� East ( ) West ( )
side of Forest /�� G Street.
C) Premises affected are in Zoning District R-1 and the premises affected have an
area of 45,243 square feet and ti ontage of 150.16 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, sive all names):
Anna M. Gilbert
260 Main Street, Salem, NH 03079
Date of Purchase Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
4. Site of proposed building: 60 Feet Wide front: 30 feet deep;
2/1/2 34
Height stories: feet.
a) Appro\-,-'tnate date of erection immediately
residential
b) Occupancy or use of each floor:
C) Type of construction
wood frame
5. Has there been a previous appeal. under zoning. on these premises'' no When
overturn the decision of the building inspector
6. Desc:�ption of reliefsought on this petition
to deny building permit
7. Deed recorded in the Re 77stry of Deeds in Book No. 779 Pa„e 303
Land Court Certiricate No. Book Pai7e
The principal poir_ts upon which [ ba -se my application are a ollo% s: (must be stated in detail)
See attached addendum.
I agree to pay the firing fee, advertising in newspaper, and ircidental expenses*
'
;.
A/1/)t � '
Signature of Petitioner (s)
6 of
".1 A1-1YWY118"V-
The Building Inspector has denied the application of applicant for a building permit upon
two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre
area required by the ordinance. The second basis is the lot contains frontage of 150.16 feet, which is
less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that
Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are
the subject of a prior and valid variance.
Applicant believes that Applicant is entitled to relief because the subject lot has the benefit
of a valid variances. This Board granted two variances. The first variance is dated February 15,
1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This
variance granted a frontage and size variance to the subject lot (Plan No. 7809). The second
variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book
3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these
variances, eight (8) separate lots were legally created, including the subject lot. The Building
Inspector declined to honor the variances upon the basis that the variances were not properly
exercised within one (1) year of date of issue. It is the position of Applicant that said variances were
in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the
variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed
recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject
lot and prevents the subject lot from coming into compliance with the current zoning regulations.
The Massachusetts Appeals Court in the case of Hogan v. Haves, 19 Mass. App. Ct. 399, 474 NE
2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the
variance is sufficiently and irrevocably exercised by the partition of the property according to the
variance. In this case, the subject property was partitioned according to the variance. Therefore, that
variance was properly and irrevocably exercised. The denial of the Building Permit should be
overturned.
r
30 3 5,
Town of North Andover, Zoning Board of Appeals
APPLICANTS PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP I PARCEL NAME
105D 171 lAnna M. Gilbert
ABUTTERS PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
TOWN OF NORTH ANDOVER
Zoning Board of ADc.e2is
27 Char!e
North Ar —
ADDRESS
260 Main St., Apt. 2
North Andover, MA 01845
MAP
I PARCEL
I NAME
ADDRESS
105D
I72
I Timothy A. & Doreen Prisby
769 Forest St.
North Andover,
Ma
01845
105D
I40I
Ronald F. & Linda M. Emro
781 Forest St.
I North Andover,
MA
01845
105D
1176
I Dennis S. & Linda J. Jillso
757 Forest St.
r h An over
MA
01845
F
175
John R. & Annette L.
Iannarone
743 Forest St.
I North Andover,
MA
01845
105D
J39
I Pine Hollow Trust,
Linda M. Emro
781 Forest St.
I North Andover,
Ma
01845
105D
I35
I Scott L. & Barbara L.
Blanev
780 Forest St.
North Andover,
MA
01845
105D
44 I
Paul E. & Pamela J. 1790
Guerriero
Forest St.
North Andover,
MA
01845
I
I
I
TLJI[� 1111tH n..nTtnu,.
r.n ..
I I Ilv uv1 vluvini Ivly vvl-.J0 �'111VC'J H nC HJJCJJUK v urrlUt ANU GtK 111 -ILD BY THE
ASS R'S OFFICE.
BY: L- DATE: a'
TATURE, ASSES R, TO OF NORTH ANDOVER
Required list of parties of interest Page one _ of _� '
at J"a
J.". .. r..+ • Cp
f,•
NORTH ANDOVER
0 PEKE OF
f THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01345
FAX (973) 683-9542
Any appeals shall be filed NOTICE OF DECISION
within (20) days after. the Year 2000
date of filing ofthis notice Property at: Lot C. Forest Street
in the office ofthe Town Clerk
NAME: Anna M Gilbert DATE: 1/18/2000
ADDRESS: 260 Main St., Apt 2, Salem, N.H. PETITION: 0487
for premises at: Lot C., Forest St..
North Andover, MA 01845 1 HEARING: 1/11/2000
The Board of Appeals held a regular meeting on Tuesday evening, January 11, 2000, at 7:30 PM upon the
application of Anna M. Gilbert, 260 Main St., Apt 2, Salem New Hampshire, for premises at: Lot C.,
Forest St., North Andover, MA. Petitioner is requesting a variance from the
Paragraph 7.1, & 7.2 for lot area and street frontage in order to construct a sinrequirements
e f � el Section 7,
• single family dwelling.
The following members were present: Walter F. Soule, Robert Ford, John Pallone, Ellen McIntyre, George
Earley.
Upon a motion made by Robert Ford and seconded by John Pallone, the Board voted to allow thepetitioner
to withdraw without prejudice. Voting in favor of the withdrawal: Walter F. Soule, Robert Ford, John
Fallon, Ellen Mclutyre, George Earley.
By order of the Zoning Board of Appeals,
Walter F. Soule, Acting Chairman
mUdecisions2000/6
a
BOARD OF APPEALS 688-9541 BLTLDNGS 683 9545 CONSERVATION c588-9530 HEALTH 683-'9540 PLJuNNING 683-0535
i
BH3115
232
``o c
ZOww ah �vER
TOWN.:.;, . .
OF NORTH ANDOVER
MASSACHUSETTS ;
BOARD OF APPEALS i
r
NOTICE OF DECISION `
Acne L. Gilbert �
701 Forest St. '
N. Andover, KA 01845 Dab ...M!7..?x.1990
Petition NO. ..l11-89 i
Date of Fiearing.�4yjr. j"p......
i
Melon of ....... Anne.l!r. O.�1Recc .......................... l
Premise. affected .......701. Rorest.Street..............................................
Referring to the above petition for a variation from the
regtiiremenb of t86 Section. l.......
..Paragraph 1.1,..7.2. and .Table. 2. of .the. Zoning. ByIAV ..............................
so u to permit division of. land. into .six. (6) .lou.y,!.................................
r...........................................................................
t After a public hearing given on the above data, the Board of Appeal voted to ..GAANI .... the I
i Variance . .
.....................................................................
The vote was as follows: In favor; Serio, Nickerson, Soule and Vivenzio
Opposed; Rissin
TNb is to arty out nantY (M Dari
Nave euCeed tram date of deUtbn ted
retnout chop Of an appeLL
Dwet La+d
Tam Dot%
. A1Tt8T
A71wCoq
�C
Town clerk
Signe4.7,Ld ,)•
Frank Slt - �Serio, Chairman
Augustine Nickerson, Clerk
...................
Walter Soule
Raymond Vivenzio
Louis Rieein
Board of Appeal
BE3115
,� 4,• ���ce ' = ,�: µ0R A��gQ
�n 0��
��.
C �y n l• - `re '\\•` -)
0
.,..,
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
* *
* *
* Anne E. Gilbert * Petition: 0111-89
701 Forest St.
*
N. Andover, MA 01845
* DECISION
The Board of Appeals held a public hearing on Tuesday evening, May 1, 1990
upon the application of Anne E. Gilbert requesting a variation from the re-
quirements of Section 7, Paragraph 7.1, 7.2 and Table 2 of the Zoning Bylaw
so as to permit division of landclntorsiuc(-6)=lots-on-•the-premises-'locatea�
r4!t-791"Forest Street- The following members were present and voting: Frank
Serio, Jr., Chairman, Augustine Nickerson, Clerk, Walter Soule Ra
Vivenzio and Louis Rissin. Ymond
The hearing was advertised in the Lawrence Eagle Tribune on April 13, 1990
and April 20, 1990 and all abutters were notified by regular mail.
Upon a motion made by Mr. Soule and seconded by Mr. Vivenzio, the Board
voted to GRANT the variance. The vote was as follows: In favor, Serio.
Nickerson, Soule and Vivenzio, opposed: Rissin, therefore the patitioa
was granted.
The Board finds that the petitioner has satisfied the provisions of Section
10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance
will not derogate from the intent and purpose of the,Zoning Bylaw nor will it
adversely affect the neighborhood.
Dated this 3rd day of May. 1990
BOARD OF APPEALS
Frank Serio,
Jr.
Chairman
/avt
Recorded May 31,1990 at 3:55PM #11416
F
11
• '318082 •,
.31.ti .. ... .`^
a� easi+a'i be pled . ,
Its
AAY �.:.. olvir
dal ,
.�
vivm" tilis N00ce 'j0'9Plh'.01r NO= ANDM
at n
d0:� of (I""�the Tow UAhihiAAiOiU6Bi�
of
U the Ottice
DOW m APMM
NOTICE 0/ DECISION '
'r
a
An Gilbert
S J. J. Tullis, Jr.
AeeeeA.r-ae+iw
�
lid pleaant ac. peon Na.. PA: l9 ..............
tt. AAdovsr. IPA 01i(i5
Rata d Aanlot.. Orpory A .;Flo
,;.
pedtba ......................4..
bushes adaoeed ...701.10Y991L Aulat.............................................6
Rah shay Is 61 awn Pon 6qe u "daft des tha n4uinmia4 d the ................ .
llretian. 7.. 2arasnph IJ. KA table. Z aL.tbs. Taatw WAV
...... I ..................
,
as 4 As /1!m!t .!a=iaf tree• area ted. trutap. taquiraeeea ......... 641911.9 .........
I
........... ........... ..................9..................•..9..9......................
After a pWft heady r1 m as the,bare data. do Baud of Appeals 90ad to OM...... do
IatiaAtf:K s'igY:aaC�d^.-eb••••
4
Lot A. 16757 and lot C. 17109'. a registers at the laaistry a1 Daada.
....................................................
.:.:. ..............49...99.
— — -- bow am am fallslbq ama'aul
Petitioner be shoved to VIMPAV ilIMM i!1l IM= the pecitian for .ariaaoa
for all of the land swept Let A and eat C. listed ae.the Ra{iatr7 oc Oeed: u�
6757-LOC_A.�4nd-709-Lot C: -Area nd`froocap eeliel-lseated-se raqusatad a W@at
;
rM
4's MW
seriaLv thatea,di %W........Trio.44149►.IMILi.�a...gg6666.
l
WkWc are ..,
call aha R r;........AulYstlAe.NiClatrgv9r.Ri9ask....
j
pifMel C 4690
�
T&A" Ge"r `e 1, .�; . ' \0
•
X:k'. 1'"
�� ..L7s�aad .YiYaaGlry ...6..6..66
6 6 6 6 . ' ........:
Beard al Amish
. be$ cud
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r
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' axsasx _I.
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It be
mod � ' • • acv Oil%
601 of -or th
wtil,.ln (-01 Of t qty %8066 '"—`-° ''
dLl, of pji1c al oo SawIp 00
And ctlbort
2 Attorney J. J. Yil
701 Fairest Bt
N. A"MV, NA 01,865
TOWN Or NORTM AMCVCR
MASSACHUSETTS
BOARD OF APPEALS
Petition: 198-89
arcl�saN
The Board of Appeals hold a public bearing oa Tuesday evening, Febt- ary 12, 1990
open Cho applteatioa of Ann 611bert, c/o Attaney J. J, U111te requaacini ■
"rutin Eras Cha n4utrasancs of Section 7, 18111140 1.2 And Table 2 of the
Zoning Bylaw so an co panic relief frog area and franca" requirancto an the
prasiase located as 701 Ponot Street. the fallowing umbers van pns#nt cad
""t Prank Betio, Jr., Chalraan, Aggustieo Nlekenon, clerk, Yalcor Souls,
tad lsynand Tiventio.
The heerial vac advertised to Cho North Andover CAtates oil lanuary 29. 1990 agd
February 1. 1990 and all &button own aotifiod by regalae gill.
" a gation mods by Me. Yive4810 and eaccndad by lir. Nlek.non, the Board
noted. anoninvoly, to QwT the varionee■ so raqueatod. subject to the follov-
sol coadieiees:
1. Petitioner be allowed to VMIAV i11I8M FUJOICt the
prtition for varteaee for 811 of the lead except Lae A
ad Let C• lilted ac the Baliaery of Deed# as Lot A-6757
ad Loc C-7109.
i. Ates and fraacag# relief greeted of requested oa theca
two logo.
!be Board finds that the pacittaner Me satisfied Cho'prMa"no of Section 10,
htalr#ph 10.4 of the geeing Byte v sad tMt the graneial of this variants Will
got derogate frog the teeter end perpoea of Cho Zoning lylav nor Will it
advara#ly inset the aetgbborhood.
Paced tbte iltb day of Fabcuary, 1990
10ARa 01 AF9gAU
/on .•
RaareleA AR -10,1990 at 114WA ,7385
I
_ 7.5
APPROVAL UND�/z
S UBD/ v/s /Div CONi,QO,- LAW
NO T ,Q,C Q U D
/V U /-c-I T /-/ A /VD O A AW /A/ 90AaD
(,.. .: t.i .., ....,'s ..., ...'a ,. ....v BOARD I'
DA T.E
FEB 4 201
L F3 ,ER 7 -
57- 5 TR,��Z- 7-
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dal.a�
T,411S PG A IV IOPZ-PA P�"
IAI 4 CCO,,C-ID W17 -Al
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,E-: /"= �O " IYA Y 5, /977
4-,1'4 /TI/A B 1-,6-
WILLIAM J. SCOTT
Director
(978)688-9531
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 01845
FAX Transmission
FAX Number: 972. 7'W- 0 y2
FROM: -)?L-�
Town of North Andover
Zoning Board of Appeals
FAX: 978-688-9.542
PHONE: 978-688-9541
DATE: /a -
SUBJECT: /A
Total number of pages: 3
to
o
Fax(978)688-9542
REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal
notice has to be placed with the legal notice department of the Lawrence Eagle -Tribune and it is
your responsibility to do so as -soon -as -possible in order to meet the required deadline. Failure to
place the legal notice in the paper within the required deadline will mean that you will not be able to
be placed on the ZBA agenda for the upcoming meeting. The phone number for the Eagle
Tribune is: 978-685-1000, ext. #412, should you require further assistance.
Ml/fax
m
BOARD OF APPEALS 688-9541 BUILDING 683-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CI-iARL17S STREET
NORTH ANDOVER. MASSACHUSETTS 01415
FAX (973) 6133-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St., North Andover, MA on Tuesday the 11I day of January, 2000 at
7:30PM to all parties interested in the appeal of Anna M. Gilbert, 260 Main St., Apt. 2,
Salem, N.H., for premises at: Lot C. Forest St., North Andover, for a Variance from the
requirements of Section 7, Paragraph 7.1 & 7.2 of Table 2, for lot area and street frontage
in order to construct a single family dwelling.
Said premises affected is land with frontage on the South side of Forest Street which is in
the R-1 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:OOAM to 1:OOPM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 12/28/99 & 1/4/2000.
MUlegalnotice/16
B0!UZD OF APPEALS 688 9541 BUILDINGS 688-9545 CONSERVATION -688-9530 HEALTH 688-9540 PLANNING 698-9535
f
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER MASSACHUSETTS 01845
FAX (978) 688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St., North Andover, MA on Tuesday the 110' day of January, 2000 at
7:3OPM to all parties interested in the appeal of Linda M. Emro, Trustee of Pine Hollow
Trust, 781 Forest St., for lot A-1, Forest St. for a Variance from the requirements of
Section 7, Paragraph 7.1 & 7.2 of Table 2, for lot area and street frontage in order to
construct a single family dwelling.
Said premises affected is land with frontage on the South side of Forest Street which is in
the R-1 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:OOAM to 1:00PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 12/28/99 & 1/4/2000.
Ml/legalnotice/15
BOARD OF :) PPE:iLS 688-9541 BUILDINGS 68&9545 CONSERVATION 688-9530 HE., I,LTI-I 683 9540 PLANNING 6880535
Town Of North Andover
Building Department
27 CHARLES ST
978-688-9545
fte ef 86 a& A
Project:
Lots A & C Forest St
New Home Construction Documents
APPLICANT: Gerard Welch,
1361 Main St., Reading, MA 01867
RE: Building Permit applications for lots A & C Forest St North Andover
DATE: August 13, 1999
Title of Plans and Documents:
Please be advised that after review of your Building Permit Application and Plans that your
Application is DENIED for the following reasons:
Zoning
Use not allowed in District
Not in conformance with Phased Development
Violation of Height Limitations
Sign exceeds requirements
Violation of Setback Front Side Rear
x Insufficient Lot Area
Insufficient Parking
Violation of Building Coverage
Insufficient Open Space
Use requires permits prior to Building Permit
Sign. re uiresermits rior to Building Permit
FormU not complete b other departments
Not in conformance with Growth @Y -Law
x Other insufficient frontage
Remedy for the above is checked below
X Dimensional Variance
Special Permit for Watershed Review
Special Permit for Site Plan Review
Special Permit for sign
Complete Form U sign -offs
x . Copv of Recorded Variance
Information indicating Non -conforming status
Copv of Recorded S ecial Permit
Other
Other
Plan Review The plans and documentation _ 5 i ted have the following inadequacies:
1. Information Is not provided, 2. Requires additional information,
3. Information requires more clarification. 4 Infnrmatinn is innnrm t 9; all „f ti,o ,k
Administration
The documentation submitted has the following inadequacies
1. Information Is not provided. 2. Requires additional information.
3. Information reauires more clarification 4 Infnrmatinn'is inmrrant S all .,f tt,o h-.
#
1#
Foundation Plan
Plumbin2 Plans
Subsurface investigation
Certified Plot Plan with proposed structure
Construction Plans
116 Affidavit
Mechanical Plans and or details
Plans Stamped by proper discipline
Electrical Plans and or details
Framing Plan
Fire Sprinkler and Alarm Plan
Roofing
Footing Plan
Plans to scale
Utilities
Site Plan
Water Supply
Sewage Disposal
Waste Disposal
other
ADA and or ABBA re uirements
Administration
The documentation submitted has the following inadequacies
1. Information Is not provided. 2. Requires additional information.
3. Information reauires more clarification 4 Infnrmatinn'is inmrrant S all .,f tt,o h-.
#
1#
Water Fee
State Builders License
Sewer Fee
Workman's Compensation
Building Permit Fee
Homeowners Improvement Registration
Building Permit Application
Homeowners Exemption Form
Other
other
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 a new building
permit applicaWn form and begin the permitting process.
Plan Rei
The followirn
permit forth
`�.a,.('S .7x`� � ;kb
s'�`�+,'..�c ,,�A�`,�.^�•:.,
� 10��� #.� 4}�IS�:. �:� }t iasp'� ?i'1j��, � a Li er.• t'�e���+�.t�.<�?�Ey`ik"�''-� tr iy',��°�1,t' .r�,sr�`i` 4��3:
�Ei�E Yte'�'t.�-�$, atu^�.. '&'3 ��`ie a�Y`StR�j k'`•<�`�z���� sem• �t'��. �r�k"„'ai��X Sr"�J(��Y'� y3��,,'33`E'�'����"�'�i�� rY»�j'TL'..
Dimensiotnal Requirements Table 2
Section 7
Not having the required area and frontage for both lots A & C
Residence 1 District require 2 acres and 175' of frontage
i
t
"d='V e' by i own,
.� 7uT _�_.-. _.�i -'� ----- - --'..'-\ _ - -- •,i—iii_ �'!-..�._ ,-'�--
V
RECEIVED
JOYCE.BRADSHAW
TOWN CLERK
NORTH ANDOVER
1999 DEC - 2 P 2: 21
-- Anna M Gilbert - 260 Main Street Apt. 2
Salem, NH 03079 -
• - Gy -nG e al...=^J 0._-� 1. _ ...... 7
_----_�llt,� 2 - -_ -= _ -• - -
7 77
Forest
R-1
4.5, 243
Anna M. Gilbert
260 Main Street, Apt. 2, Salem, NH 03079
8/13/53
- `� -- - -
2 7 C5...-"..
Ci="n-CC60 Feet Wide C'C:' 30 C�=�
7 Upon approval of variance
Residential
-Cr_--_r;.',r Wood Frame
— - - _
_ overturn decision of Building Inspector or
Brant dimensional variance.
_ �Cc 779 303
-_
See Attached Addendum to this application.
Anna M. Gilbert
ADDENDUM
The Building Inspector has denied the application of applicant for a building permit upon two (2)
basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area
required by the ordinance. The second basis is the lot contains frontage of 150.06 feet, which is
less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that
Applicant is entitled to relief from this decision upon two (2) separate and independent grounds.
Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of a
valid variance. This Board granted a variance dated May 3, 1990 which was recorded at the
Registry of Deeds on May 31, 1990 at Book 3115, Page 232. Under that variance, six (6)
separate lots were legally created, including the subject lot. The Building Inspector declined to
honor this variance upon the basis that it was not properly exercised within one (1) year of date
of issue. It is the position of Applicant that said variance was in fact properly exercised. The then
owner of the lots conveyed variance lots in accordance with the variance, including lot 6 on
Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at
Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject
lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals
Court in the case of Hogan v. Hayes, 19 Mass. App. Ct. 399, 474 NE2nd 1158 (1985) held that
where a variance has been issued allowing the division of a lot, that the variance is sufficiently
and irrevocably exercised by the partition of the property according to the variance. In this case,
the subject property was partitioned according to the variance. Therefore, that variance was
properly and irrevocably exercised. The denial of the Building Permit should be overturned.
In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a
current variance. The premises is unique in the following ways: (i) its size and shape were
created by the prior variance, (ii) it is bounded by a public way, the lot created by the prior
variance, and two (2) unrelated lots. This configuration prevents expansion of the lot in order to
create a conforming lot. Denial of a variance would create a substantial hardship in that it would
not allow the use of the lot for purposes in compliance with the zoning ordinance, and would
leave the lot with no economically feasible use. Each of these grounds has been found constitute
a hardship under the zoning statute. See Cavanaugh v. Diflumera, 9 Mass. App. Ct. 396, 401-402
(1980), Chater v. Board of Appeals of Milton, 348 Mass. 237 (1964). This relief may be granted
without derogating from the purpose of the ordinance in that the resulting use will be consistent
with both the neighborhood and in compliance with the allowable uses in the zoning district. The
granting of the variance would not be against public interest in that it would allow a lot which is
consistent with other lots in the neighborhood, for a use which is allowed under the zoning
ordinance, and in conformity with the previously granted variance.
For each of these reasons, the Applicant requests that the decision of the Building Inspector be
overruled, or in the alternative that the Applicant be granted a variance.
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TOWN OF NORTH ANDOVER
LIST OF PARTIES OF INTEREST: PAGE
SUBJECT PROPERTY
OF
MAP jPAR#j NAME
ADDRESS
/ 1-9 ! l
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ABUTTERS:
1 /o. -,� 7LM
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2
3
4 Id ,5 7s_ 1 upn(J
Q 1
5 /6s
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6
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7
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8
9
10
11
12
13
14
15
16
17
18
THIS CERTIFIES ONLY THAT ON iL
INTEREST A PREPARE Y THF APP
ASS S,6 -RS OFFICE
THIS LIST OF NAMES & ADDRESSES OF PARTIES OF
LICA ROM THE RECORDS OF THE ASSESSORS OFFICE.
Town Of North Andover
Building Department
27 CHARLES ST
978-688-9545
APPLICANT: Gerard Welch, '�Ss��Huse<�'
Project:
to yep- S
Lots A & C Forest St
New Home Construction Documents
1361 Main St., Reading, MA 01,867
RE: Building Permit applications for lots A & C Forest St North Andover
DATE. August 13,1999
Title of Plans and Documents:
Please be advised that after review of your Building Permit Application and Plans that your
Application is DENIED for the following reasons:
Use not allowed in District
Violation of Hei ht Limitations
Violation of Setback Front Side
Not in conformar
riedy for the al
Dimensional Varie
Special Permit for
Complete Form U'
Information indica
Other
s prior to Building Permit
with Growth By -Law
is checked below.
Not in conformance with Phased
Insufficient Lot Area
Violation of Buildi.na
Other
alres permits prior to Bui
not complete by other dE
Special Permit for Watershed Rel
Plan Review Special Permit for sign
offs x Copy of Recorded Variance—
qon-conforming Variance-
Jon-conformingstatus Copy of Recorded Special Permit
Other
Permit
Plan Review The plans and documentation submitted have the following inadequacies:
1. Information Is not provided, 2. Requires additional information,
3. Information requires more clarification 4 Information is incorrect. 5. All of the above
I-oundation Plan
Plumbing Plans
Subsurface investigation
Construction Plans
Certified Plot Plan with ro osed structure
Mechanical Plans and or details
116 Affidavit
Electrical Plans and or details
Plans Stamped b proper discipline
Fire Sprinkler and Alarm Plan
F—raming Plan
Footing Plan
Roofin
UtilitiesSite
Plans to scale
Plan
..aQ« "" U'a' Other
ADA and or ABBA requirements
Administration
The documentation submitted has the following inadequacies:
1. Information Is not provided. 2. Requires additional information.
3. Information requires more clarification. 4. Information is incorrect. 5. All of the above.
Water Fee State Builders License
Sewer Fee Workman's Com ensation
Building Permit Fee Homeowners Improvement Registration
Buildin Permit Application Homeowners Exemption Form
Other Other
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 a new building
permit applicationfomi an gin the permitting process.
Building Department Official Signature Application Received Application Denied
Denial Sent If Faxed
Referral recommended:
Fire
Police
Conservation
Planning
Other
cc: William Scott
Revised 9197 jm
Health
)ping Board.
apartment of Public
storical Commission
UILDING DEPT
Pian 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:
�� Hpp7►r
ti
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 018-45
Any appeals shall be filed NOTICE OF DECISION
within (20)days after the Year 2000
date of filing of this notice Property at: Lot C, Forest St.
in the office of the Town Cleric
NAME: Anna X Gilbert DATE: 4/12/2000
ADDRESS: for premises: Lot C, Forest St. PETITION: 007-2000
North Andover, MA 01845 HEARING: 4/11/2000
RECEIVED
JOYCE BRADSHAW
TOWN CLERK
NORTH ANDOVER
.2000 APR 2Q A I 1 : 18
FAX (973) 688-9542
The Board of Appeals held a regular meeting on Tuesday evening, April 11, 2000 at 7:30 PM upon the
application of Arora M. Gilbert, 260 Main St., Apt. 2, Salem, N.H., for premises at: Lot C. Forest St.,
North Andover, MA. Petitioner is a party aggrieved for a review made by the Building Inspector and for a
Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to
construct a single family dwelling within the R-1 zoning district.
The following members were present:. Walter F. Soule, Raymond Vivenzio, Robert Ford, Scott Karpinski
and George Earley.
Upon a motion made by George Earley and 2"d by Ellen McIntyre the Board voted to DENY .
the application for a variance for Lot C, and DENY the party aggrieved petition, and to uphold the
decision of the Building Inspector. Based upon advice received in correspondence received from Town-. .
Counsel dated March 24, 2000 and April 10, 2000, the Board found that a variance granted for this lot in
1990 was not properly exercised and had lapsed The Board deemed the conveyance of adjoining land to
the rear to be of no assistance to the petitioner as it occurred more than (1) year from the date of the
variance. That being the case, the issue of a new variance request was taken up. The Board found no
circumstances relating to the soil. conditions, shape or topography of the land to exist warranting variance
relief. No hardship resulting therefrom being present, the variance request was likewise denied Voting in
favor of the denial: Raymond Vivenzio, Scott Karpinski, Ellen McIntyre, and George Earley.
Vr of the Zo ' Board of Appeals,
d ivenzio, ding Chairman
ml/decisions2000/11
BOARD OF APPEALS 688-9541 BULDINGS 688-9545 CONSERVATION 688-9530 HEALTI-1688-9540 PLAININING 688-9535
rz
NORTH. ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER- MASSACHUSETTS 01845
FAX (978) 688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St., North Andover, MA on Tuesday the 11"' day of January, 2000 at
7:30PM to all parties interested in the appeal of Anna M. Gilbert, 260 Main St., Apt. 2,
Salem, N.H., for premises at: Lot C. Forest St., North Andover, for a Variance from the
requirements of Section 7, Paragraph 7.1 & 7.2 of Table 2, for lot area and street frontage
in order to construct a single family dwelling.
Said premises affected is land with frontage on the South side of Forest Street which is in
the R-1 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:OOAM to 1:OOPM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 12/28/99 & 1/4/2000.
Ml/legalnotice/16
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BOARD OF MIPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535