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Miscellaneous - 0 Mill Road (6)
�j O � N V 1 ar h gl� :D 't, mort1Ff th2f hYe,^,h,I (: ) .!,rsed frcm date of dsc`s;on tiI.—J Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. NORrti O � P 9 ' SSgcHu7E TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RE11. i JOYCE is it',[ TOWN CLF K NORTH ANDOVER s2 J1 C'0P�!' � AIT a s Property: Mill Road, (parcel D) North Andover, MA NAME: Robert I Shannon, Trustee DATE: 4/15/98 ADDRESS: 121 Middlesex Ave, PETITION: 045-97 Medford. MA 02155 HEARING: 1/13/98, 2/10/98, 3/10/98, 4/14/98 The Board of Appeals held a regular meeting on Tuesday evening, April 14, 1998 upon the application of Robert J. Shannon, Trustee, of 121 Middlesex Ave., Medford, MA for property located at Mill Road, (parcel D) North Andover, MA ., in R-2 Zoning District, requesting a Variance from the requirements of Section 7, paragraph 7.1.2 & 7.2 of Table 2, for frontage and lot width requirements,. The following members were present: Walter F. Soule, Robert Ford, Raymond Vivenzio, Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 12/30/97 & 1/6/98 and all abutters were notified by regular mail. Upon a motion made by Raymond Vivenzio, and seconded by Ellen McIntyre, the Board voted to grant a variance for Mill Road, (parcel D) from the requirements of street frontage for relief of 91.7' and for lot width for relief of 41.7' upon the condition that the lot be used as a single family residence and that the residence be connected to a municipal sewer system. Voting in favor: Walter F. Soule, Robert Ford, Raymond Vivenzio, Ellen McIntyre. The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. /decoct5 BOARD OF APPEALS Waiter F. Soule, acting Chairman Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEXLS NOTICE OF DECISION JOYCE U^,; ::r.4W TOWii CL=i'K NORTH Ar1U0VER -g 11 co P '�8 Property: Mill Road', (parcel D) North Andover, MA NAME: Robert J. Shannon, Trustee DATE: 4/15/98 ADDRESS: 121 Middlesex Ave, PETITION: 045-97 Medford, MA 02155 HEARING: 1/13/98, 2/10/98, 3/10/98, 4/14/98 The Board of Appeals held a regular meeting on Tuesday evening, April 14, 1998 upon the application of Robert J. Shannon, Trustee, of 121 Middlesex Ave., Medford, MA for property located at Mill Road, (parcel D) North Andover, MA ., in R-2 Zoning District, requesting a Variance from the requirements of Section 7, paragraph 7.1.2 & 7.2 of Table 2, for frontage and lot width requirements,. The following members were present: Walter F. Soule, Robert Ford, Raymond Vivenzio, Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 12/30/97 & 1/6/98 and all abutters were notified by regular mail. Upon a motion made by Raymond Vivenzio, and seconded by Ellen McIntyre, the Board voted to grant a variance for Mill Road, (parcel 0) from the requirements of street frontage for relief of 91.7' and for lot width for relief of 41.7' upon the condition that the lot be used as a single family residence and that the residence be connected to a municipal sewer system. Voting in favor. Walter F. Soule, Robert Ford, Raymond Vivenzio, Ellen McIntyre. The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning - Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. /decoct5 BOARD OF APPEALS Walter F. Soule, acting Chairman I t . i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OP APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the'. Steven's Memorial Library, 345 Main St., North Andover, MA on Tuesday the 13th day of January, 1998, at 7:30 PM to all parties interested in the appeal of Robert J. Shannon, Trustee, 121 Middlesex Ave., Medford, MA. 02155, requesting a Variance from the requirements of Section 7, Paragraph 7.1.2 + 7.2 of Table 2, for frontage and lot width requirements of the Zoning Bylaws. Said premises are property with frontage on the North side of Mill Road, (parcel D) North Andover, MA which is in the R-2 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 12/30/97 & 1/6/98 negalnov4 LEGAL NOTICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Steven's Memorlal Library, 345 Mein St., North Andover,. MA on Tuesday the 13th day of January, 1998, at 77:30 PM to all parties Interested In the appeal of Robert J. Shannon, Trustee, 121 Middlesex Ave., Medford, MA 02155, requesting, a Variance from the require- I ments of Section 7, Para- graph 7.1.2 + 7.2 of Table 2, for frontage and lot width requirements of the Zoning Bylaws. Said premises are prop erty,with frontage on the North side of Mill Road, (parcel D) North Andover, MA which Is in the R-2 Zoning District. Plans are availabldlor review at the Office of the Building Dept.,.Towd Heli, 120 Main Street..:- `4 By Order of the Board of Appeals William J. Sullivan, Chairman E -T — December 30,1997: 40RT 1 O L TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the. Steven's Memorial Library, 345 Main St., North Andover, MA on Tuesday the 13th day of January, 1998, at 7:30 PM to all parties interested in the appeal of Robert J. Shannon, Trustee, 121 Middlesex Ave., Medford, MA. 02155, requesting a Variance from the requirements of Section 7, Paragraph 7.1.2 + 7.2 of Table 2, for frontage and lot width requirements of the Zoning Bylaws. Said premises are property with frontage on the North side of Mill Road, (parcel D) North Andover, MA which is in the R-2 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 12/30/97 & 1/6/98 llegalnov4 LEGAL NOTICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Steven's Memorial Library, 345 Main St., North Andover, MA on Tuesday the 13th day of i January, 1998, at'7:301 PM to all parties interested in the appeal of Robert J. Shannon, Trustee, 121 Middlesex Ave., Medford, MA 02155, requesting a Variance from the require- I ments of Section 7, Para- graph 7.1.2 + 7.2 of Table 2, for frontage and lot width requirements of the Zoning Bylaws. Said premises are prop- erty with frontage.on the North side of Mill Road, (parcel D) North Andover, MA which is in the R-2 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street. By Order of the Board of Appeals William J. Sullivan, Chairman E -T — December 30, 1997; January 6, 1998 Any appeal shall be filed within (20) days after the date of filing of this notice NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01345 RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 1999. DEC 20 P 2: 2 FAX{ (973) 683-9542 NOTICE OF DECISION Pmnarfv 2f• Mill Rnad lnerwel ni Aj...4k e..,r,\..__� ' - - - - - ��...--W. NAME. Robert J. Shannon, Trustee W1 nvl NI miluu Vra DATE: 12115199 ADDRESS: 121 Middlesex Ave. PETITION #043-99 For property at: Mill Road (parcel D) North Andover, MA 01845 HEARING: 12/14/99 .._ The Board of Appeals held a regular meeting on Tuesday evening, December 14, 1999 upon the application of Robert J. Shannon, Trustee, 121 Middlesex St, Medford, MA. for property located at Mill Road (parcel D) North Andover, MA. in the R-2 zoning district Petitioner is requesting a variance from the requirements of Section 7, paragraph 7.1.2 & 7.2 of Table 2 for frontage and lot width requirements. The following members were present; Walter F. Soule, Raymond Viverido, Scott Karpinski, Ellen McIntyre, George Earley. Upon a motion made by Raymond Vivenao, and 2^d by Ellen McIntyre, the Board voted to Grant a variance for (dimensional relief) Mill, Road (parcel D) from the requirements of street frontage for relief of 91.7" and for lot width for relief of 41.7" upon the condition that the lot be used as a single family residence and that the residence be dbnnected to a municipal sewer system. Voting in favor. Walter F. Soule, Raymond Vivenao, Scott Karpinski, ©len McIntyre, George Earley. 10.4 Variance: The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they 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 in (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, they shall lapse and may be re-established only after notice, and a new. hearing. By order of the o�ain 90ard of Appeals William J. Sullivan, Chairman " MI/1999decision52 BOARD OF :APPEAL 033-9541 BLILD17NGS 68S-9145 CONSER'; ATION 683-9530 HEAL71 G3 -9540 A r Memo To: Mr. Walter Soule, Zoning Board of Appeals From: Michael D. Howard, Conservation Administrator CC: Mr. Robert Nicetta, Building Inspector Date. 2-9-98 RE: PARCEL D - Mill Street Per your request, I inspected the above referenced parcel with Mr. Nicetta on 2/9/98. The purpose of which was to assess the property for on-site wetland issues and/or slope concerns. I offer the following comments: ➢ Attached, please find a "marked up" section of Parcel D. Please note that a small intermittent stream and narrow Bordering Vegetated Wetland runs parallel to the lot, across the area where the applicant is requesting a frontage waiver, and towards a small culvert which runs beneath Mill Street and into a 2nd large wetland resource area. ➢ I am quite familiar with the topography and slope characteristics of this side of Town having spent the past three and half years inspecting the North Andover Estates subdivision. Soils are typically classified as a highly erodeable, very fine Paxton. The Conservation Commission will have many concerns should future development be proposed on this lot I trust that this correspondence will suffice, however, should you have any questions or concerns please do not hesitate to contact me. 0 Page 1 -1k .R O ops � 0 � ; I ooh oam� Qeo Z�oQ W�•� oWpo hWo� Z�W�� n �Qo i RECEIVED JOTOWN CADSR�AW Received by Town Clerk: NORTH ANDOVER X499 NOV -2 . A 10. 0b TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 121 Middlesex Avenue Applicant Robert J. Shannon, Trustee Address Medford, MA 02155 Tel. No. ( 617 ) 729-5794 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7.1.2+7.2 and Table 2 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. 2. a) Premises affected are land numbered and building(s) b) Premises affected are property with frontage North (x) South ( ) East ( ) west ( ) side of Mill Road ztxxxaft. Street, and known as No. Street. treet. on the c) Premises affected are in Zoning District R2 , and the premises affected have an area of 85,236 square feet and frontage of 58.30 feet. 5 of 8 p�.� nF n-4 qF 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Cambridge Shannon Realty, 121 Middlesex Ave., Medford, MA 02155 Date of Purchase 5/29/97 Previous Owner Josie M. Bredbury b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: N/A front; N/A feet deep; Height N/A stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: S. Has there been a previous appeal, under zoning, on these premises? yes If so, when? 4-15-98 6. Description of relief sought on this petition variance from frontage and lot width requirements 7. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) see addendum attached hereto I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of Petitioner(s) Dot, (1G r)I Qti DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: R 2 Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area Street Frontage 150 58.30 91.70 Lot Width 100 58.30± 41.70 Side Setback(s) Rear Setback Special Permit Request: 7 of 8 Dom„ OC 0") QC ADDENDUM The Zoning Board of Appeals granted a variance for the premises on April 15, 1998 (see copy of decision attached hereto) on the condition that the lot be used as a single family residence and that the residence be connected to a municipal sewer system. The installation and construction of a sewer to serve the premises was delayed because the variance and the town's sewer moratorium caused by the West Side sewer overflow problems just about coincided. Work on a connector to the sewer line on Rte. 114 at Chestnut Street did not start until late last year•, it is now completed and two residences on Chestnut Street have been tied into it. Early in March the applicant filed a Notice of Determination with the North Andover Conservation Commission. It quickly became apparent that the drainage, while not extensive, would be a problem. In April it seemed prudent to seek the one-time six-month extension of the variance allowed by statute. The applicant did so, figuring six months would be ample time to satisfy ConCom requirements. The extension was granted, but six months was insufficient. The Conservation Commission's Order of Conditions was finally issued in October, but not in time for the applicant to begin construction. The variance lapsed on October 14, 1999, making this application for a new variance necessary. The original application for the variance filed in December 1997 gave the following principal points as the basis for a variance: Parcel D is a mushroom -shaped lot left over, apparently, from earlier development along Chestnut Street and Mill Road. At one time it was connected by a thin strip of land to property on Chestnut Street. Two other lots, one owned by the Daniel Murphys and the other by Cally Gulliford, almost completely separated the two parts of the property from each other. Parcel D has almost twice the minimum lot area required for the R-2 District. It does lack sufficient frontage. It also does lack certain of the required width. Frontage and width, however, would be sufficient as access to a subdivision of any size. I wish to build a residence on Parcel D. The lot currently lacks sewerage. I intend to hook up the lot to the sewer line on Rte. 114 by means of easement across abutting property that I own on Chestnut Street. I believe that owing to circumstances relating to the peculiar shape of the site, literal enforcement of the town zoning bylaw is a substantial hardship, and the granting of a variance for the property would not be a detriment to the public good nor violate the intent of the bylaw. HAG7442\Addendum 2.doc Any appeal shall be filed wlhin r201 days ager the date of Illing of this Notice in the Office of the Town clerk KaRTh a �SSgCMU��t TOWN OF NORTH ANDOVER MASSACHUSETT5 BOARD OF APPEALS NOTICE OF DECISION JOYCE EI'A5FF-AW TOWN CLERK NORTH AHOOVER APR 21 11 00 PO �W Property_ Mill Road, (parcel D) North Andover, MA NAME: Robert J. Shannon, Trustee DATE: 4115198 ADDRESS- 121 Middlesex Ave, PETITION: 045-97 Medford, MA 02155 HEARING. 9113/98, 2110/98, 3110198, 4/14/98 The Board of Appeals held a regular meeting on Tuesday evening. April 14, 199a upon the application of Robert J. Shannon, Trustee, of 121 Middlesex Ave., Medford, MA for property located at Mill Road, (parcel D) North Andover, MA., in R-2 Zoning District. requesting a Variance from the requirements of Section 7, paragraph 7.1.2 ti 7.2 of Table 2, for Frontage and lot width requirements,. The following members were present, Walter F, Soule, Robert l=ord, Raymond Vivenzio, Ellen McIntyre, The hearing was advertised in the Lawrence Tribune on 12/30/97 8,1/5198 and all abutters were notified by regular mail. Upon a motion made by Raymond Vivenzio, and seconded by Ellen McIntyre, the Board voted to grant a variance for Mill Road, (parcel D) from the requirements of street frontage for relief of 917 and for tot width for relief of 41.T upon the condition that the lot be used as a single family residence and that the residence be connected to a municipal sewer system. Voting in favor. Walter F. Soule, Robert Ford, Raymond VivGru io, Ellen McIntyre, The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the .Zoning Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the ftilding commission. BOARD OF APPEALS Waiter F. Soule, acting Chairman Post -It" brand fax transmittal memo 7671 # of payes •I L L i -) I I JI 0 1026/99 PAGE PARCEL ib: SALE DATE: 000 om PARCEL LAST UPDATED : 91 998 OWN-ACO -Nor, OWNERIDDRA 121 MIDDLESEX AVEN(JE OWNER-IIP 011.55 OWNER-NAME-1 OWNEK-cfly MEOFORD ALTY TRUST ---------------------------------------------------------------------------------- OWNER-STATE MA PARCEL if]: 2!0t09x.6-,001(j-()OOo.o SALE DATE: 000( PARCEL LAST UPURF6 OWN-AUT-NUM I OWNER-AODR-I 20 MILL ROAD OWNER-STATE M A, OWNER-NAME-1 MURPHY. DANIEL W ---------------------------------------------------------------------------------- OWNER-Ci I T NORIH ANUCIVEN OWNER- 11 P 01845 PARCEL B: 210/098.8-0008-0000.0 SALE DAIS: 0000 PARCEL LAST UPDATED : 4/1096 OWN-ACCT-NOM 1 OWNER-ADDR-1 30 MILL ROAD OWNER-11P 01845 OWNER-NAME-1 GULLIFOROr CALLY AND OWNER-CiTy NORTH ANDOVER READAKIS --------------------------------- OWNER-STATE MA PARGEL ib: ------------------------------------------------ SALE DAIS: OoOo PARCEL IASI UPDATE[,, OWN-ACCT-NUM OWNER-ADDR-i 121 MIODLESEx AVENUE OWNER-ZIP 0215 OWNER-NAME-1 CAMBRIDGE SHANNON RE OWNER-CITY MEDFORD AU1 TRUST ---------------------------------------------------------------------------------- OWNER-STATE MA PARCEL 11): 2101098.8-0094-0o00.0 -SALE DATE: ovou PARCEL---LAST UPDA OWN-m4t,'GT-NUM OWNER-ADDR-1 121 MIDDLESEX AVENUE OWNER-i IP 0205 OWNER-NAME-1 comf)(4E smmmori RE OWNER-CITT MEDFORr Rljy TRUST ---------------------------------------------------------------------------------- OWNER-STATE MR PARGEL 11): 210/098-8-0034-0000.0 )ALE DATE: 0000 W; PARCEL LAN UPDATED : 81 W, OWFAU f sum OWNER-ADDR-1 134 ROSEMOV DRIVE MA OWNER-NAME-1 ZALEK RON OWNER-GIT" NORTH ANDOVER OWNER-ZIP 01845 a� PAKC[L i1 NDnii ^ I PARCEL lb: SALE DATE: 0000 PA8�[i LAST UPDATED . 5W.H'N%I'NUM 0Nd[8'NW8'1 142 ROSEHON} V8lY[ OWNER -STATE MA 00N0-MAME-1 8VSS0, N0[8{Ck A 0wN[K-C[lY HVKT8 ANDOVER 0NHEk'Dp 01846 PAKC[L 0: ----------------------------------------- SAL[ DATE: VVVV ## PARC! LAST VP0UPDATED' U/ 711,96 ' 0�x'ACCl'�� 0 0WN[K'A00K-� l50 S[M0HT 081Y[ ONN[8'SiATE M: 0WH0'NAM['1 kAYSAH, 8k0nlSiAN 0NN[K'ClT\ NORTH AHk0Y0 0NH[8'DP 0045 PARCEL lh: _________________________________________ 1lv/V98.k'0��7'VVVV.� SAL[ DATE: 000 PARCEL LAS[ UPDATED U/ 7/�k ' 0Na'AC�'N;H W8'} l58 S�0N DRIVE0NN[k'STAT[ OWNER-�� HA OWNER-NAME-1Wi0, K0[CW ] �WH0'Clh 80K0 ANDOVER0NH[K'�{P 0184.5 PAKC[i {A� —_—_------_—_—_—___—_---__------__—_—_—_— 210/098.8'0038+0000.01 SAL[ DATE: 0000 u PARCEL' LAS UPDATED U/ 771:96*#* OWN'ACCT-NUM OWME8'AV0K-1 164 ROS[MONl 00«[ 0wxFK'STAl1 A 0NH[K'HAH[-1 OAYAHAV0H. RICHARD J 0NH[K-ClT\ NORTH AN00Y[k 0MMEk-DP 018*.5 --_—_--__—_____—__---__-----__---__—_—___ PARCEi 0' (/ ' 2101098.8-0039-0000.0 SAL[ DATE: 0000 #�* YAH�[L LAST V�AT[0 . ' 6/151 YY OWN-ACCl'N(jr, 0NU[H-A00R'\ 170 80SEH0HT k8lYE 0NH0-STAl[ MA OWNER -NAME -1 PA [RIC!"' A OWNER -CITY NORTH ANDOVER 0Nh[K'Z0 01845 yApi:8 10:21�/C�88'��4V'VVV ------------------'----------------------' SALE 00E: 0000 A��/ P[ � LAST UPDATED' �T[b lU _106�� VmN'A(."Gl'xVR 0NNEK'A00K-} 178 RO$EM0Hl NKN[ 0wwtK'dP 01845 0xN0'AAhi'l }�6 k0��M0Nl K[AL}\ 0WH[K'�lT\ NORTH ANDOVER T 0wn6 PARCEL 1D: 21008.0-0041-0000.0 PARCEL OWN -ACCT -NUM OWNER -NAME -1 WH88 REAL ESTATE LIM iTEO PARTNERSHIP PARCEL 10: OWNER -NAME -1 CHILDREN WORLD LEA R, N I H G PARCEL 10: '210/107.6-0004-0000.0 OU PARCEL OWN -ACC I-NUm OWNER -NAME -1 KILLNER.. HELEN M PARCEL 10: 210007-G-0109-0000.0 ��TT PARCEL OWN-ACC'll -NUM nARER. KARL G SALE OAfE: 0000 LAST UPDATED OWNER-ADDR-1 116 SO RIVER ROAD/ 8 OWNER -STATE LOG 11 OWNER -ZIP OWNER-ClITY BEDFORD SALE DAIL: 0000 LAST UPDATED OWNER-ADDR-1 513 PARK POINT DRIVE 04NER-CITI GOLDEN OWNER-STRIE SALE DATE: 0000 LAST UPDATED y112197 OWNER.-AOOR-1 920 TURNPIKE STREET OWNER -CITY NORTH ANDOVER ,SALE DATE: 0000 LAST UPDATED : 1/1.404 OWNER-ADDR-1 43 MILL ROAD OWNER-CFY NORTH ANOOVE14 OW!'0-11P OWNER -STATE OWNER -11P OWNER -STATE OWNER-iip NH 03110 80401 MA 01845 MA 01845 MASSACHUSETTS DOR PARCEL LIS11INGil FAb t PARCEL 10: 21t)rG98,G-GUDB-Gtji;O,ti SALE Om"iE: 0000 PARCEL [AS! UPDATED : l.t 669 -Null OWNER-AbDR-1 11b so RIVER ROAD/ 8 OWNER-SIATI NH OWNER -NAME -1 WH88 REAL ESTATE LIM LOG 1) OWNER -Zip 03110 iiff) PARTNERSHIP OWNER-(,'! 1Y BEDFORD PARCEL 1D: 21008.0-0041-0000.0 PARCEL OWN -ACCT -NUM OWNER -NAME -1 WH88 REAL ESTATE LIM iTEO PARTNERSHIP PARCEL 10: OWNER -NAME -1 CHILDREN WORLD LEA R, N I H G PARCEL 10: '210/107.6-0004-0000.0 OU PARCEL OWN -ACC I-NUm OWNER -NAME -1 KILLNER.. HELEN M PARCEL 10: 210007-G-0109-0000.0 ��TT PARCEL OWN-ACC'll -NUM nARER. KARL G SALE OAfE: 0000 LAST UPDATED OWNER-ADDR-1 116 SO RIVER ROAD/ 8 OWNER -STATE LOG 11 OWNER -ZIP OWNER-ClITY BEDFORD SALE DAIL: 0000 LAST UPDATED OWNER-ADDR-1 513 PARK POINT DRIVE 04NER-CITI GOLDEN OWNER-STRIE SALE DATE: 0000 LAST UPDATED y112197 OWNER.-AOOR-1 920 TURNPIKE STREET OWNER -CITY NORTH ANDOVER ,SALE DATE: 0000 LAST UPDATED : 1/1.404 OWNER-ADDR-1 43 MILL ROAD OWNER-CFY NORTH ANOOVE14 OW!'0-11P OWNER -STATE OWNER -11P OWNER -STATE OWNER-iip NH 03110 80401 MA 01845 MA 01845 1V/ZbIYY PAGE .PAh(:EL ID: 210f09Lt.6-0G»1-(itjtn. ii SALE DAIS: O000 PARCEL LAST UPDATED 3!1'CIYi OWN-Ai;Cj-NUM OWNER-ADDR-1 166 ROSEMONT DRIVE OWNER -STATE OWNER -NAME -1 YEAZEL. GORDON H OWNER -i; iTY NORTH ANDOVER ---------------------------------=-------------------------- OWNER -ZIP MA 016 PARCEL ID: 210098,6-0042-0000.0 SALE DATE: 000( PAR(:fl LASE UPDATED : 11 OWN-At:t::f-Nor, OWNER-ADDR-1 194 ROSEMONT DRIVE OWNER-SIAIE MA OWNER -NAME -1 CHIN. ROBERT n OWNER-Cill NORTH ANDOVER tjWNER-ZIP ---------------------------------------------------------- 01845 PARCEL ID: 210096.6-0043-0000.0 SALE DAIS: 000() PARCEL LAST UPDATED : Iii 7r9f, OWN -ACG -NUM OWNER-ADOR-1 I0Z ROSEMONI DRIVE OWNER-SIAIE OWNER -NAME -I BRANi:A. FRANK S OWNER -CITY NORTH ANDOVER -------------------------------------------------------------- OWNER-ZIPMA u1845 PARCEL ID: 2101096.6-0O44-0000.0 SALE DAIE:.0000 PARCEL LAST UPDATED : 31 3/99 OWN-ACC1-HIM OWNER-ADDR-1 210 ROSEMONT DRIVE OWNER -STATE MA OWNER -NAME -1 GARriEA(i. S1Mt)i+ N OWNER -CITY NORTH ANDOVER OWNER -11P i 8 J1:45 � ---------------------------------------------------------- PARCEL ID:210109n.6-;!0tn-0i;(i0.0 SALE DAIS: 0000 PARCEL LAST UPDATED : 11/23/94 OWN -ACCP -Num OWNER-ADDR-1 12o MAIN STREET OWNER-1IP 01645 OWNER -NAME -1 ]OWN OF NORTH ANDOVE OWNER -("ITT NORTH ANDOVER OWNER. -STATE MA PARi:EL 1D: 210f096.6-[;tj�.ti-titj0(i.(i --------------------------------------------------------------- SALE DATE: 0('j �{ PARCEL LAST UPDATED 9i27i99 0WN-ACCT-NUN OWNER-A[;DR-1 321 COMMONWEALTH RNA (iw;+ER-SIAIt OWER -NAME -1 ELM SERVICES CORPORAi, #102 OWNEk-ZTP MA 01776 f10N OWNER -CITY Wm" YLAND '0 `a`6 0 WNa a eD o a O n sr C v o, cT x Qui M•i ► Na. pp iOR N W 5 `�° °".—�.4 - G7 K N Ywo �o a Y"�a'0Y �'� �o a"'�,MI 2'� .. ; C �, Myo w o a hO OD OQowp -4 - r '0 az�CO > a 0 pO a om�N Y° a xar 00 a a o n D 0pop 0 T o r'Op C w ` ��'. S M Tai Na R O „� 00 0 O .,a'WW'SFj uti M a.HOQ CO3„0,,..tp � LL O: Mn b? ? 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'-' fD o AOi ,moi rD Oho — Ai 'z Q A ] r+ Ova c .a °' Ci O o °! 00 0. i1 K n] `C p ... rt •-- a a�a�°ro n m000 $0R:a000wM Ny'W Q n Q a m n 'Av g r cn• ;' c„ "� n o 'C A�+ 8 �j .�� A < a,a�ro o a rOo^v < vim, vo, O f1 0 `C v, tD T?'►Gb eb 7 a 7 N'v <�b p.� .��-0 2.°''�' O bd rNp 'a. jp 'U O cm OA3 0 rD V O ] ^Z` cn cn (a rp O fD W ►Y (A p, v o, 04 n a `" `^ ` 'a+ oo a O.:. v C rt w Cr C n Q `� O .r p 'd n O' n P. O �O po O n •y C7 N m fp "r+ Q ��'• ytr b'd .h �a' �, �a„ m.. T]Ln )o?O o o n MO O O w Oo p O rt `� ” •. .' ]r C < y.� o,a �� ga cr�`C O.n � p-0 O.� Q .wy p0 U'j.. N O bi ^ rD O .� -. c �a o rO�o w o 0¢ ?' a"O " a X,° C O a. M rt T] O O ti fD �, rt fD 1--� O ly �• n Q1 a O roao o�rQ�a�9�ioohu,'•o� „ ] a cn Pr;MT�a'a�oOro�' o CA a" a�5 0 ._'"r '�rD QO 'o•�' .'•7ma'*p �n9 �rO-, OM (.n M rp N _ pO 7 0 H �nCyi r{' r.. .�„� a• o a Y o m m �. O `� ACr O Ai �_ ] m •a no O ,° ti O °; M a 7 'ti ,� Ov N a O O rD a s Ti n»;; rra :° ny a ]-�oti rt p n• 00 O n �D . .. ,O �D N n 7 m .na C .� a �p ] w' :: A , O �% pl y ,40RT4 .' p • t i r � \'fir,•'°��„o •r'`-4`� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the'. Steven's Memorial Library, 345 Main St., North Andover, MA on Tuesday the 13th day of January, 1998, at 7:30 PM to all parties interested in the appeal of Robert J. Shannon, Trustee, 121 Middlesex Ave., Medford, MA. 02155, requesting a Variance from the requirements of Section 7, Paragraph 7.1.2 + 7.2 of Table 2, for frontage and lot width requirements of the Zoning Bylaws. Said premises are property with frontage on the North side of Mill Road, (parcel D) North Andover, MA which is in the R-2 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 12/30/97 & 1/6/98 negalnov4 LEGAL NOTICE TOWN OF NORTH ANDOVER' MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Steven's Memorial Library, 345 Mein St., North Andover,. MA on Tuesday the 13th day of January, 1998, at 7:30 PM to all parties Interested in the appeal of Robert J. Shannon, Trustee, 121 Middlesex Ave., Medford, MA 02155, requesting. a Variance from the require- I ments of Section 7, Para- graph 7.1.2 + 7.2 of Table 2, for frontage and lot width requirements of the Zoning Bylaws. Said premises are prop- erty , with frontage on the North side of Mill Road, (parcel D) North Andover, MA which is in the R-2 Zoning District. Plans are availabld'for review at the Office of the Building Dept., Town. Hall, 120 Main Street. <- v - By Order of the Board of Appeals William J. Sullivan, Chairman E -T — December 30, 1997; January B. 1QQR . VICTOR L. HATEM ALSO ADMITTED IN N.H. JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. Zoning Board of Appeals Town Hall North Andover, MA Q 1845 ATTN: Mary Re: Robert Shannon Dear Mary: rylug U LAW OFFICES ¢ (! FFB 2 IM Y i 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845-5095 BOARD OF AB-PE��� 9�1— (978)685-3368 FAX: (978) 682-1712 January 26, 1998 Enclosed is a copy of my letter of last Friday to Walter Soule and accompanying documents. My thought was that you might place this material in the pre -hearing information that I am told is made available to all members. If you have any questions, please call and, thanks for your assistance. JVM/bld Enclosures cc: Robert Shannon H:\G6305\ZBA1tr.doc LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER. MASSACHUSETTS 01845-5095 VICTOR L. HATEM ALSO ADMITTED IN N.H. JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. January 23, 1998 Mr. Walter F. Soule Co -Chairman North Andover Board of Appeals 70 Raleigh Tavern Lane North Andover, Mass. 01845 re: Robert Shannon Dear Mr. Soule: (978) 685-3368 FAX: (978) 682-1712 I've enclosed for your consideration a memorandum with respect to Robert Shannon's petition for a variance. I wanted to be sure you got it in timely fashion. A copy of this memo has been sent to Mary Ippolito. I expect that she will include it with the information that goes to all board members before a meeting. Not sure that this procedure I've taken here is appropriate, I ran it past Jeannine (in Mary's absence the other day), and she said that it was. So ... I hope it may be helpful. There was mention at the last meeting of "pork chop" lots. I made the point that these are the product of crafty engineers, and not something left over from previous land divisions. In that connection I've enclosed a copy of a plan proposed some years ago by K. Dun Gifford and other Nantucket investors. Now, the lots on that plan are really pork chop lots. (The Supreme Judicial Court made sure the plan never got off the ground.) Very �Y/Y040 , os e LY V . ' Mahoney JVM : mmj G630510 810 376 Mass. 801 Gifford u. Planning Board of Nantucket APPENDIX H M'�4SH/NGTC�y AVENUE AJWAI 675 sn AVENUE 673 ti W sft 674 �i 672 67/ 646 $70 = 680 679 678 676 'f.. �Q677 681687::. 688 68,9 682 686 669 684 &V 0/ NANTUCX£T LONG POND ; . MEMORANDUM I want to thank you and the members of the Board of Appeals for continuing the hearing of the petition of Robert J. Shannon, Trustee, for variances for the lot he owns on Mill Road. As you know, we never quite reached the merits of the petition at the hearing on January 13. Two member of the board felt that Mr. Shannon was in the wrong forum. There also was a question of the meaning of the words "variance" and "exception" , the latter as used in Section 7.2.2 of the Zoning Bylaw. I continue to believe that the Board of Appeals is the correct and appropriate forum, and that the Appeals Board does have jurisdiction in this case. FORUM AND JURISDICTION At issue at the hearing was an interpretation of Section 7.2.2, the so-called Frontage Exception. It says that exceptions for meeting the frontage and lot width requirements required by sections 7.1.2 and 7.2 may be granted upon the approval of a Special Permit. The Planning Board is the permit granting authority. Section 7.2.2. , however, specifies that a special permit can be granted only after several conditions are met. Among the conditions is that the lot area exceed by three times the minimum lot area required for the district. Mr. Shannon's lot it big, but not that big. The Planning Board as the granting authority is without power to make such a grant. Accordingly, there is no exception. Mr. Shannon's recourse, then, is like everyone else's --to seek relief from the literal enforcement of the zoning bylaw by petitioning for a variance in accordance with the provisions of MGL c. 40A, s.10. This is the road he has taken. The permit: granting authority for such is the Board of Appeals. ( Section 1A of Chapter 40A). EXCEPTION and VARIANCES Exceptions and variances are two different things. A variance is the authority extended to an owner to use his land or property in a manner forbidden by the zoning ordinance, while an exception, on the other hand, allows him to put his property to a use which the enactment expressly permits, under qualifying conditions which must be met. Zoning Law & Practice 4h Edition_ Section 20.4. To put it another way, an exception is a permission given by the appropriate board—in North Andover, the Planning Board—for an applicant to use his property in a manner contrary to the provisions of an ordinance. A variance, on the other hand, is an authorization by a board—in North Andover, the Board of Appeals—granting relief and doing substantial justice in the use of his property by an owner where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship. Idem. And yet another: A variance contemplates a departure from the terms of the ordinance in order to preclude confiscation of property, while the exception contemplates a permitted use when under the terms of the ordinance the prescribed conditions therefor are met. 83 Am Jur 2d. Section 831. CONCLUSION Given the foregoing, Mr. Shannon's only relief is by a variance, and not by a special permit which grants an exception. THE MERITS I would request that the Board of Appeals consider his petition on its merits, which is for frontage and lot -size variances so that he may build a single-family home on a lot almost twice the required size, access to which would be via street frontage which, in another context,. would be sufficient for a multi -lot subdivision, and which would be served by a sewer he would install and connect to tow sewerage at or near Rte. 114.. C H:\G6305\Memo.doc Received by Town Clerk: RECEIVED 10* �'CCLERK �AFiC�OY�F DEC Z3 9 33 N 151 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 121 Middlesex Avenue Applicant Robert J. Shannon, Trustee Address Medford, MA 02155 Tel. No. ( 617 ) 729-5794 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph7.1.2+7.2 and Table 2 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. 2. a) Premises affected are land and building(s) numbered Street. b) Premises affected are property with frontage on the North (x) South ( ) East ( ) West ( ) side of Mill ko A4 e L- . -10A,e f'10 I - Street, and known as No. Street. c) Premises affected are in Zoning District R2 and the premises affected have an area of 85,236 square feet and frontage of 58.30 feet. 5 of 8 Rev. 06.03.96 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Cambridge Shannon Realty Trust, 121 Middlesex Ave., Medford.MA 02155 Date of Purchase 5/29/97 Previous Owner Josie M. Eredbury b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: N/A front; N/A feet deep; Height N/A stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: 5. Has there been a previous appeal, under zoning, on these premises? No If so, when? 6. Description of relief sought on this petition variance from frontage and lot width requirements 7. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) see addendum attached hereto I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of Petitioner(s) 6 of 8 Do7r 04Z 01 0ez DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT. R 2 Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area Street Frontage 150 58.30 91.70 Lot Width 100 58.30+ 41.70 Side Setback(s) Rear Setback Special Permit Request: 7 of 8 p,= -KT ng r)-iaF ADDENDUM Parcel D is a mushroom -shaped lot left over, apparently, from earlier development along Chestnut Street and Mill Road. At one time it was connected by a thin strip of land to property on Chestnut Street. Two other lots, one owned by the Daniel Murphys and the other by Cally Gulliford, almost completely separated the two parts of the property from each other. Parcel D has almost twice the minimum lot area required for the R-2 District. It does lack sufficient frontage. It also does lack certain of the required width. Frontage and width, however, would be sufficient as access to a subdivision of any size. I wish to build a residence on Parcel D. The lot currently lacks sewerage. I intend to hook up the lot to the sewer line on Rte. 114 by means of easement across abutting property that I own on Chestnut Street. I believe that owing to circumstances relating to the peculiar shape of the site, literal enforcement of the town zoning bylaw is a substantial hardship, and the granting of a variance for the property would not be a detriment to the public good nor violate the intent of the bylaw. C� '.916m%ll IST OF PARTIES OF INTEREST: PAGE_. OF ;UBlECT PROPERTY ANAP PAR # NAME ADDRESS %BUTTERS: �! 1"AIN I 77 774,777 l - �.� / ISA ,S 6 /)Y Nf /ipfVI: DN _ �D J Oeti I lei 1� tet- 1�,i�t r c'C721-Z .. d 0 --?(2777777/7 i 4 Wt 16-0 e �- , r MxRx/ 1- 722 i _ n "Ot CERT. B - DATE: �//9` =� WN , /� V{ c� s I lei 1� tet- 1�,i�t r c'C721-Z .. d 0 --?(2777777/7 i 4 Wt 16-0 e �- , r MxRx/ 1- 722 i _ n "Ot CERT. B - DATE: �//9` =� -2/iaIgg I{ 4� ,-t4�,47 7i-� Rd4e,1,1/99R j 4 V-074 A/ 7'�4 VV74 -ca,,4 " ?� //" 71 ../L1w,�•- ,/998 LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD EVERETT J. MARDER PATRICK J. COSTELLO JOSEPH L. TEHAN, JR. ANNE -MARIE M. HYLAND THERESA M. DOWDY WILLIAM HEWIG 111 DEBORAH A. ELIASON JEANNE S. McKNIGHT JUDITH C. CUTLER RICHARD BOWEN 0 KOPELMAN AND PAIGE, PJC. ATTORNEYS AT LAW -10AR 31 ST. JAMES AVENUE d� i{�� BOSTON, MASSACHUSETTS 02116.4102 BOSTON OFFICE (617) 556-0007 FAX (617) 654-1735 NORTHAMPTON OFFICE (413) 585.8632 WORCESTER OFFICE (508) 752-0203 February 9, 1998 BY FACSIMILE - (978) 688-9556 Zoning Board ofAppeals Town of North Andover 120 Main Street North Andover, MA 01845 ,j EEN O'DONNEL I �1 DAVI J. DONESKI p ®�` �/.�° j��y �SANN A CHARTON VC - IJ.E u41 h' C SAMUJRK 5 CALLAHAN BRIAN W. RILEY JOHN J. KENNEY, JR. ROBERT PATTEN• MARY L. GIORGIO KATHLEEN E. CONNOLLY MICHELE E. RANDAZZO PETER J. FEUERBACH MARY JO HARRIS THOMAS W. MCENANEY JONATHAN M. SILVERSTEIN TIMOTHY J. ERVIN KATHARINE I. GOREE CHRISTOPHER J. POLLART Post-ItTm brand fax transmittal memo 7671 #of pages ► To From /f Co. Co. Dept. Phone #/ Igo, G7 Fax # /' (j� s / Fax # Re: Petition #045-97 - Robert J. Shannon, Trustee Dear Members of the Zoning Board of Appeals: . You have requested an opinion regarding Mr. Robert J. Shannon's petition #045-97 to the Zoning Board of Appeals for a variance from the requirements of Section 7, paragraphs 7.1.2 and 7.2 of the. Town's. Zoning By -Law. Specifically, you have asked whether the Zoning Board of Appeals can consider Mr. Shannon's application for a variance or whether the by-law gives the Planning Board sole jurisdiction to grant exceptions from frontage requirements. You have also asked whether there is any significance to attorney Joseph V. Mahoney's description of the lot in question as a "mushroom" shaped lot as opposed to a '`pork chop" shaped lot. For the reasons discussed below, it is my opinion that Mr. Shannon is entitled to have his application for a variance considered by the Zoning Board of Appeals without having to apply to the Planning Board for a special permit for frontage and lot width exception. Also, in my opinion, the label to describe the shape of Mr. Shannon's lot (whether "pork -chop" or "mushroom") is not legally significant. Section 7.2.2. of the Zoning By-laws of the Town of North Andover provides: Exceptions for meeting the frontage and lot width requirements required by sections 7.1.2 and 7.2 may be granted upon the approval of a Special Permit. The permit granting authority shall be the Planning Board. PRINTED ON RECYCLED PAPER 1 KOPELMAN ANb PAIGE, P.C. Mr. Walter F. Soule Acting Chairman, Zoning Board of Appeals February 9, 1998 Page 2 The first of seven conditions that must be satisfied under Section 7.2.2(a), prior to the Planning Board's grant of a frontage and lot width exception, is that the area of the lot must exceed by three times the minimum lot area required for that district. The minimum lot area in an R-2 district, as set forth in Table 2 of the Zoning By-laws, is 43,520 square feet. Mr. Shannon's lot has an area of 85,236 square feet. The area of Mr. Shannon's lot is less than two times the minimum lot area required for that district. Therefore, the Planning Board could not grant Mr. Shannon a frontage and lot width exception if he were to apply for a special permit for frontage and lot width exception. Since Mr. Shannon is not eligible for a special permit for a frontage and lot width exception, it is my opinion that Mr. Shannon may apply for a variance. Even though Mr. Shannon is entitled to apply to the Zoning Board of Appeals for a variance,the e Board is, of course, free -denv the variance. Vgrrjaaqes are to be sparingly granted. rod rick v.. 7� meal of Boston, 361 Mass.72_(1.972).,-B are a zoning variance can be granted, all o the requirements set forth in M.G.L. c. 40A, § 10 must be satisfied. M arren v -_M. of Appeals of �, 383 -Ma s. (_1981) The other issue which you have raised is whether there is any legal significance in Attorney Mahoney's description of Mr. Shannon's lot as a "mushroom" shaped lot instead of a "pork chop" shaped lot. In my opinion, the label used to describe the lot is not legally significant. "Pork chop" is merely a label commonly used to describe a lot that has a long strip running from the street to the main portion of the lot and where the bulk of the lot is well back from the street. The label in and of itself has no legal significance, in my opinion. If you have further questions in this regard, please do not hesitate to contact me. Very truly yours, Joel B. Bard JBB/az cc: Town Manager 42752/NAND/9999. , S �!ANA'a ^� Memo To: Mr. Walter Soule, Zoning Board of Appeals From: Michael D. Howard, Conservation Administrator CO Mr. Robert Nicetta, Building Inspector Date: 2-9-98 RE: PARCEL D - Mill Street Per your request, I inspected the above referenced parcel with Mr. Nicetta on 2/9/98. The purpose of which was to assess the property for on-site wetland issues and/or slope concerns. I offer the following comments: ➢ Attached, please find a "marked up" section of Parcel D. Please note that a small intermittent stream and narrow Bordering Vegetated Wetland runs parallel to the lot, across the area where the applicant is requesting a frontage waiver, and towards a small culvert which runs beneath Mill Street and into a 2nd large wetland resource area. ➢ I am quite familiar with the topography and slope characteristics of this side of Town having spent the past three and half years inspecting the North Andover Estates subdivision. Soils are typically classified as a highly erodeable, very fine Paxton. The Conservation Commission will have many concerns should future development be proposed on this lot I trust that this correspondence will suffice, however, should you have any questions or concerns please do not hesitate to contact me. 0 Page 1 ti LCONARD KOPI_LMAN DONALD a. PAICE ELIZABETH A. LANE JOYCK FRANK JOHN W. GIOROIO ■AR{ARA J, GAINT ANDRS JOEL B. BARD EVERKTT J. MARDER PATRICK J, COSTELLO JOSEPH L. YiHAN. JR, ANNC•MARIE M. HYLAND TNERRIA M. DOWDY WILLIAM HEWI* III DgYORAN A. ELIA$ON JdANNE B. MCKNIGHT JUDITH C. CUTLER RICHARo sowlt(N KOPELMAN AND PAIGE, P. C. ATTORNEYS AT LAW 31 ST. JAMES AVENUE BOSTON. MASSACHUS9TT9 02716.4102 BOSTON OFFICE (61 71 0660007 FAX (617) 6t.4.173B NORTHAMPTON OFFICE (413) 585.6632 WORCESTER OFPICC 16093) 72.0203 III -I yr elflerr KAT146i16N M. O'OONNELL DAVID J. DONKSKI LANPRA CNARTON PLANA M. QUIRK JOHN RICHARD HUCKOAM. in. YUSAN M. CALLANAN URIAN W. RILEY JOHN J. KENNEY. JR. RO0RIST PATTSN MARY L. OIOROIO KATHLEFN N. CONNOLLY MICHELE E. RANOAZZO PRTER J. VILUERBACH MARY Jo HARRI* TMONIA5 W. MCENANEY JONATHAN M. RILVEROTRIN TIMOTHY J. ERVIN KATHARINE 1. OORgR CHRISTOPHER J. POLLART February 9,1<198 n U V 1 BY FACSThTi,E- (97R1 h<)556Ll° RM 9e Zoning Board of Appeals pAPD * P;,' Town of North Andover 120 Main Streel North Andover, MA 01845 Re: Petition ##045-97 — Robert J Shannon Irustee Dear Members of the Zoning Board of Appeals: You have requested an opinion regarding Mr. Robert J. Shannon's petition 4045-97 to the Zoning Board of, Appeals for a variance from the requirements Of Section 7, paragraphs 7.1.2 and 7.2 of the Town's. Zoning By -Law. Specifically, you have asked whether the Zoning Board of Appeals can consider Mr. Sliannnn's al)plicatiuri for a variance or whether the by-law gives the Planning Board sole jurisdiction to grant exceptions liom frontage requirements. You have also asked whether there is any significance to attorney Joseplz v. Mahoney's description of the lot in question as a "mushroom" shaped lot as opposed to a "pork chop" shaped lot. For the reasons discussed below, it is my opinion that Mr. Shannon is entitled to have his application for a variance considered by the Zoning Board of Appeals without heaving to apply to the Planning Board for a special permit for fi•oma.ge anis lut width exception. Also, in my opinion, the label to describe the shape of Mr. Shannon's lot (whether "pork -chop" or "mushroom'') is not legally sigiificacit. Section 7.2.2. of the Zoning By-laws of tl,e Town of North Andover provides: Exceptions for meeting the frontage and lot width requirements required by sections 7.1._•' and 7.2 may be granted upon the approval of a Special Permit. The permit granting authority shall be the Planning Board, PRINTE15 ori RECYCLED PAF -[-:R 02/09/98 11:28 TX/RX N0.7788 P.002 ' KoPELMAN AND PAIGE, P.C. Mr, Walter F. Soule Acting ChaLr man, ,Zoning Board of Appeals February 9, 1998 Page 2 The first of seven conditions that must be satisfied under Section 7.2.2(it), prior to the Pltmning Board's grant of a frontage and lot width exception, is that the area of the lot must e:tceed by three times the minimujai lot area required for that district. The minimum lot arta in an R-2 district, as set forth in Table 2 of the Zoning By-laws, is 43,520 square feet. Mr. Shanxrom's lot has an area of 85,236 square feet. The area of Mr. Shannon's lot is less than two time. the minimum lot area required for that district. Therefore, the Planning Board could not grant Mr. Sbantron a frontage and lot width exception if he were to apply for a special permit for frontage and lot width exception. Since Mr. Shannon is not eligible for a special permit for a frontage and lot width exception, it i.s my opinion that Mr. Shannon may apply for a variance. Even though Mr. Shannon is entitled to apply to the Zoning Board of Appeals for a variance, the Board is of course, iiee to deny the variance. Variances are to he sparingly granted. Broderick v. Ed. of ®Rnea_l of Boston, 361 Mass, 472 (1972). Before a zoning variance can be granted, all of the requirements set forth in M.G.L. c. 40A, § 10 must be satisfied. Wye v. Bei, of Ap cals of Amherst, 383 Mass. 1 (1981). The other issue which you have raised is whether there is any legal significance in Attorney Mahoney's description of Mr. Shannon's lot as a "mushroom" shaped lot instead of a "pork chop" shaped lot. in my opinion, the label used to describe the lot is not legally significant. "Pork chop" is merely a label commonly used to describe a lot that has a long strip running from the street to the main portion of the lot Lind where the bulk of the lot is well Lack from the street. -The label in and of itself has no legal significance, in my opinion. 1f you have further questions in this regard, please do not hesitate to contact me. JBB/az cc: Town Manager 42752/NAND/9999 Very truly yours, dl�le&lqll Joel B. Bard 02/09/98 11:28 TX/RX N0.7788 P.003 North Andover Health Department 27 Charles Street No. Andover, MA 01845 Phone (978) 688-9540 Fax (978) 688-9542 dip To: Tom Tiemy From: Susan Ford, Health Insp. Fax: 521-5520 Pages: 3 Phone: 978 688-9540 Date: 03/27/2001 Re: Mill Pond CC: . ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Mr. Tierny, � � /lam, �� OS C� //- ' 1 spoke with Bob Allen Milt Pond He requested information regarding clean up of sewer back-ups. 1 di nsive search of the Internet and came up with some recommendations regarding safe clean up. (See attached) Indoor clean up information was plentiful, however, outdoor clean up information was scarce. If there were drinking water wells there may be some concern, but in Mill Pond's case that is not applicable. The major concern for outside clean up is mainly for the worker doing the job. The person should be properly dressed in boots and gloves. All paper and sewer solids and debris should be picked up, bagged and removed. In the case of other chemical or biological concerns, the basic rule of thumb is dilution is the solution. The earth is a natural filter and it appears that there is likely going to be more rain on Thursday. The rain should help dilute any residue and the ground will filter it. This should take care of most problems. 1 am sorry if 1 do not have all of the information you were looking for, but I hope this assists you. Also see attached the memorandum. This was forwarded to me from DPW. thought this might be of interest to you. Best of luck. lm,�Mwln COW Li ,+t. i;....' . r.5; 1, AMY ., i ?.Y it - in 11 r,11 ..r• ANqu .ir.+a`e„ 1,02 r 1cow 0.1 ;;„Q•t.t ...'!: 1- Tr .,.. '%!C,'. .'9f.E ,!ov »: L."Yn a F�°y {. [ „,,.: 'Ttr .r� ^f• , o ?''�'. f �'F: i". _ � � Jt ani, _ :': J':.i �.. A.i ».%, .. i:.. 4.'"S'. a�:".� .. t•.'.11:. '-. �... _.. ,, il? .. .