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Home My WebLink AboutMiscellaneous - 0 SALEM STREET 4/30/2018 (2)f NO T" A Zoning Bylaw Review Form Town Of North Andover '• �'. , Building Department 1 M°xea °IP.(5 "SS1N�Ss 1600 Osgood Street, Building 20, Suite 2-32 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 0 Salem Street Ma /Lot: 65/21 & 164 Applicant: Whispering Pines Realty Trust Request: 4Single-family home subdivision Date: 6-21-06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonina District: R-2 Rpmedv for the above is checked below Item # Special Permits Planning Board Item Notes Site Plan Review Special Permit Item Notes A Lot Area Parking Variance F Frontage Lot Area Variance 1 Lot area Insufficient X 1 Frontage Insufficient Variance for Sign 2 Lot Area Preexisting Special Permits Zoning Board 2 Frontage Complies X 3 Lot Area Complies Earth Removal Special Permit ZBA 3 Preexisting frontage Special Permit Use not Listed but Similar 4 Insufficient Information Special Permit for Sign 4 Insufficient Information Other B Use Supply Additional Information 5 No access over Frontage 1 Allowed X ** G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum X 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient X lot 1& 2 1 Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed J Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E I Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Rpmedv for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit X Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit X Lot Area Variance Common Driveway Special Permit X 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 Lame 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 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 fil . You must file a ne�y building permit application form and begin the permitting proces . Building Department bfficiai S gnature Application Received AppTication'Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Form Item Reference Reasons for Denial &.-,'I3jfaw Reference Police X Zoning Board A/2 8.5.6 Planned Residential Development (PRD) Standards: Planning 8.5.6.A. Requires a contiguous 10 acre parcel; applicant has 6+ acres. Other BUILDING DEPT H/1 8.5.6.D Height Limitation = 30' & 2.5 stories; applicant requests 35'. C/5 8.5.6.1) Buffer Zone: = 50' border from the parcel boundary running the full length of the perimeter of the parcel; The proposed dwellings on lots 1 & 2 are within the eastern lot line buffer zone. A Variance from the Zoning Board of Appeals is required for relief from the requirements of 8.5.6. ** The Planning Board approved Red Gate Pasture, a 4 -lot subdivision. Q Referred To: Fire Health Police X Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 ncomplew NAZBA AppReagm putt ?ate: �Jisaiag; i �M_._. _ __ �--- -- -- - _--- -- --- - --._ .. ti��.� IA ` — \x ZONING iBOARD OF APPEALS Community Development Division Any appeal shall be filed within Notice of Decision (20) days after the date of filing Year 2006 of this notice in the office of the IF ... ,. d -i— . ,wr wAnce r --n 1. Ch_ Town (lerk Time Stomp ?ECEIVED TO';`'1 `:!_FRK"S 0FF1CF 2005 AUG 22 Pl-.-'l 5: 01 T u TIN CT NORTH ANDCM: MASSAMIUSE . 40A, §17 at: Salem Street , Parcels NAME: Whispering Pines Realty Trust, Dean HEARING(S): August 8, 2005 Chongris, Trustee, 89 Belmont Street, North Andover, MA l ADDRESS: Salem Street (Map 65, Parcels 21 & 64) PETITION: 2006-025 North Andover, MA 01845 TYPING DATE: AugLig 11, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 8, 2006 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, Massachusetts upon the application of Whispering Pines Realty Trust, Dean Chongris, Trustee, 89 Belmont Street, North Andover, MA for premises at: Salem Street (Map 65, Parcels 218164), North Andover requesting dimensional Variance from Section 8, Paragraphs 8.5 6.A (Allowable Parcel Size), 8.5.6.1)(Height Limitation), & 8.5.6.1) (Buffer Zone) of the Zoning Bylaw for relief from the requirements for Planned Residential Developments in order to apply cluster provisions to an approved four lot conventional subdivision. Said premises affected is property with frontage on the South side of Salem Street within the R_2 zoning district. Legal notices were sent to'all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on July 3 & 10, 2006. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Daniel S. Braese. The following non voting members were present: Thomas D. Ippolito and Richard M. Vaillancourt. Upon a motion by Albert P. Manzi, III and 2°d by Joseph D. LaGrasse, the Board voted to GRANT the applicant's form letter of August 8, 2006 requesting that the Variance petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Daniel S. Braese. Town of North Andover Board of Appeals, Ellen P. McIntyre, Chai Decision 2006-025. M65P21&64. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com 0" — o h� Town Clerk Time Stamp RECEIVED -7 „I. TOt`i� C1_F �� S n ZQ06 JUS 29 Pry ' 2: 51 ZONING BOARD OF APPEALS NORTH ANDOVER. Community Development Division MASSAC`'L` 4 ' Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the I e of July, 2006 at 7:30 PM to all parties interested in the application of Whispering Pines Realty Trust, Dean Chongris, Trustee, 89 Belmont Street, North Andover, MA for premises at: Salem Street (Map 65, Parcels 21 & 64), North Andover requesting dimensional Variance from Section 8, Paragraphs 8.5 6.A (Allowable Parcel Size), 8.5.6.D (Height Limitation), & 8.5.6.1)(Buffer Zone) of the Zoning Bylaw for relief from the requirements for Planned Residential Developments in order to apply cluster provisions to an approved four lot conventional subdivision. Said premises affected is property with frontage on the South side of Salem Street within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on July 3 & 10, 2006. Legalnotice 20 ' M65P21& 164. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com t l + � ZBA 349 Date. 6. -. �k /.— .06. TOWN OF NORTH ANDOVER RECEIPT .............. This certifies that haspaid.o.lt.lo .. ...... , ...................... for..Vqy�, 1.41. f) .. N*- os Receivedby . 1. ..................................................... Department....... Pr ............................................................. WHITE: Applicant CANARY: Departriment PINK: Treasurer ZBA 3 5 0 Date TOWN OF NORTH ANDOVER RECEIPT This certifies that ................ has paid for �;rl 40;e Receivedby ....... ................................................ Department .... 2.. -AA ............. WHITE 'ical CANARY: Department PINK: Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2006-0022 Date: August 16, 2006 APPLICATION TYPE: SUBMISSION DATE; Commercial Variance Thu Jun 22, 2006 tican rs Name: NAME: �----- Whispedng Pines Reafty Trust Dean Chornlr" ADDRESS: 89 Belmont Street TOWN: N ANDOVER STATE: MA I ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information' Owner's Name: NAME: Whispering Pines Rea Trust Dean Chongri ADDRESS: 89 Belmont Street 0 SALEM STREET TOWN: NANDOVER STATE: 17JPCODE- MA 01846 PHONE NO.: FAX NO.: EMAIL ADDRESS: 01845 Work Locafion.: MAILING DATE: SITE ZONING: 0 SALEM STREET 84 Parcel 219 64 REFERRALS IN DATE: TOWN: HEARING CLOSE DATE SECTION OF BYLAW: NORTH ANDOVER, MA 01845 HEARING DATE: GIS k MAP BLOCK LOT: ACTION TAKEN: 3896 1 065.0 0021 I Reason forfiling: Request relief from requirements of 8.6.8.A for allowable parcel size & 8.6.6.D for height & for 50' buffer Zone. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE FILING DEADLINE MAILING DATE: HEARING CONTINUED DATE Tue Aug08, 2008 DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: Tue Aug 08, 2006 DECISION DATE Tue Aug 08, 2008 SECOND ADVERTISING DATE HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: Ge6TMS81098 Des Lauriers & Associates, Inc. NORTH q Ot ZONING BOARD OF APPEALS Community Development Division TO: Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 R!_ nE&W1E0ime pStamp e,.?i '.fti 2006 AUG -9 PM 2: 14 NORTH lures t.;t F. <�„1 •:L. �r; �' Date (P Please be advised that I wish to withdraw my anan Special Permit Comprehensive Permit (40B) Finding petition without prejudice from the North Andover Zoning Board of Appeals agenda for property located at: STREET: 5 r MAP(S): 61� PARCEL(S): TOWN: —No • A mb,,`Er NAME OF PETITIONER: I ,j?�an lam/ iO�q Ue�S ?(Nsr�c C) Signed: , 7 , � - . � � (A�V►r1 l VI C Petitioner (or/etitioner's representative) 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9541 Fax 978.688.9541 Web www.townofnorthandover.com v►��sP� 2, K-5 P� � PLANNING DEPARTMENT Community Development Division July 27, 2006 Ben Osgood Key Lime, Inc. 60 Beechwood Drive North Andover, MA 01845 RE: Construction of Model Home Olde Salem Village — 37 Dwelling Units Map 107B, Parcels 16 & 73 Site Plan Review Special Permit (ADDENDUM) At the August 1, 2006 Planning Board Public Hearing, the Planning Board voted unanimously to authorize the issuance of a building permit to allow one (1) model home by waiving, in this instance, the requirements of Special Condition 5 - FORM U Ver ficadon of the approved Site Plan Review Special Permit decision. As a condition of this approval, the residential dwelling will not be issued a Certificate of Occupancy until the roadway is constructed to at least a binder coat of pavement to properly access all of the permitted residential units and the all bond amounts associated with the project have been posted. The hours for construction shall be limited to between 7:00 a. m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. Respectfully Submitted: Lincoln Daley, Town Planner For the North Andover planning Board: Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Jack Green Richard Rowen, Alternate CC: Building Department Conservation Department 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9535 Fox 918.688.9542 Web www.townofnorthandover.com 9x-f- M Zi. ..y - , . 3� U o ,� y �'' b o :. - r IT E" - U a ; � cd t obi 7' 6, 1. ` G p � 0 �Oi - .-Oi i b C y cd p F O L { K A :, r, , c r x• F �.%:1. 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I� i. , .U., Z �' -W - , I - __ " North Andover HEATHER MANCINI/Staff photo I'I res Disney movies and memorabilia. The teenager is planning to celebrate his 18th birthday next month at Disney World meeting Mickey Mouse, his favorite character. • — Robin bout the when she ugust. All ok on her undation dly a six - lo, Fla., a in's son, reaction castle is here that ;s," said NEUROFIBR Neurofibromatosis type 1 is a genetic diso people. A common indicator of the disease like brown birthmarks. People with the dis disabilities and tumors on the brain. Childr more likely to have cancers of the eyes, m leukemia, according to the American Canc MAKE -A -WISH The foundation grants the wishes of childr threatening medical conditions. Physicians children to the organization. Children then wish. for more information, visit www.mas undation movie, the date it came out. and ren who trivia about Walt Disney's life. esses. "He wants to meet every single :urofibro- Disney character," she said. "He igical dis- could go on for hours about Dis- igdisabil- ney. He's amazing; he totally at a high blows you away." le also is Christopher said his four fa- After the heavy rains of May, the vorite movies are "The Rescuers," ey World "Peter Pan," "Finding Nemo," and second "Beauty and the Beast." i possibil- When asked what he wanted to meeting see at Disney World, Christopher imputers talked for at least 10 minutes t ®r , about the rides and characters he !d — his wanted to see. He said he re - !d in Dis- searches Disney information on he came the Internet, coming up with a after he Iong list of things he wants to see. s almost The Pirates of the Caribbean lade. ride and buying a Disney World son is an T-shirt were at the top of his list, y knowl- along with getting wet on the y Disney Splash Mountain ride and giving OMATOSIS rder that affects about 1 in every 3,000 is brown cafe-au-lait spots that look ease may or may not develop learning en with neurofibromatosis also are uncles, kidneys and some types of er Society. FOUNDATION en ages 2 to 18 years old with life - social workers and parents can refer meet with volunteers to decide on a s.wish.org or call 888 -354 -WISH. Mickey Mouse a hug. "I want to see the Muppet 3D," he said. "That's going to be wicked cool." The Make -A -Wish Foundation believes in sending the entire fam- ily on vacations because everyone is affected when a child is ill, said Steve Maguire, communications director for the Massachusetts Make -A -Wish Foundation. That will mean the first family vacation for the Fortins. "We've gone to the lake in New Hampshire, but we've never really been away," said Robin Fortin. She works nights at Denny's and her husband is a supervisor for East Coast Cable. Juggling work and their four children doesn't leave much time for them to go on vacation. "Christopher is a joy, but I can't leave him alone," said Robin Fortin. Christopher's parents original- ly thought he just had a learning disability, but doctors diagnosed him with neurofibromatosis when he was 7 years old after they no- ticed he had several birthmarks, known as cafe-au-lait spots be- cause they are the color of coffee and milk. The disease is genetic. Robin Fortin has it, as did her father and her 11 -year-old twins Alex and Brianna. Robin Fortin didn't know about the disease .until her son was di- agnosed: She thought the spots were just birthmarks; and she never had tumors. She said she did have a learning disability, but didn't know it might be caused by the disease. Her son, Danny,14, and hus- band, Michael, do not have it. "The disease can progress, or it may not progress," said Robin Fortin. "You never know. In six months, (Christopher) may get a tumor, or he may never get a tumor." Robin Fortin said doctors origi- nally didn't expect Christopher to live a full life. That was more than 10 years ago.. Christopher will turn 18 on Aug. 4, their second day of the trip. Robin Fortin said she may not have chosen the month of August to travel to Florida, but a birthday at Disney World was part of Christopher's wish. "I don't care if it's 150 degrees as long as he is happy," she said. PROJECT:. Neighbors worry about future water woes ■ Continued from Page 1 Ee Nonunion, town employees to pay 25 percent of health care benefit y the town TOWN UNIONS . SCHOOL UNIONS NONUNION BENEFITS New housing Weyland Circle on the hill. "Weyland Circle has made my y Qe Clearing of this Contract expires �� basement a retention pond, said „ e� m development began in May 30 Goran Bringert, of 817 Salem St., 'Salem who recalls buying a house with a e�S��e bone-dry basement 24 years ago. all unions After the heavy rains of May, the 9 homeowner remarked, "I had Professional Support (teachers' AeerOf. DETAIL yieylapd�� ducks swimming on my front .ations, in- 4 North, Foxwood lawn." Permitting, Land Court hearings School nurses t ®r , Drive Annual Employee Contribution for ,men, but t 7 and lengthy appeals had stalled' Educational secretaries 17 staff graphic the development of the Redgate Pasture property, near Foxwood Drive, since plans were proposed 1Q in 1996. The Planning Board finally. -I-- & V)n i..... 1, ;..d7..7.1.J ..�.. approved the development in 2001, and abutter Stephen Cyr, of 895 Salem St., then began a long and costly appeals process, which he conceded in September last year. Developer Dean Chongris is ' moving forward with approved -� plans in hand. "They already had their chance," he said of the worried"'`.. abutters. "Their concerns were al-.: ready voiced to the original owner. This is a fully permitted project." The plans finally cleared ap- p peals in March of this year, and in peals , May Chongris, as trustee of Whis- his pering pering Pines Realty Trust, paid r $800,000 to buy the land from Redgate Realty Trust, which in- n eluded John Burke, Ben Osgood eluded KATIE MCMAHON/Staff photo Sr. and Ben Osgood Jr., the current engineer for the site. Clearing and Goran Bringert and his neighbors excavation began soon after- on Salem Street are concerned wards. about potential water problems The project came before the from this new development on Zoning Board last week only be- Woodchuck Hill in North Andover. cause Chongris proposed a newer, The houses already get runoff denser plan for the houses, which from other developments on the would place the new homes lower hill, causing minor flooding every on the hill and require less excava- time it rains. tion. "This is an attempt by Mr. Chon- only if the Zoning Board approves gris to build a smaller subdivision the new proposal. with less cutting and smaller lots," "It's fair to say the Planning said Osgood, the engineer, explain- Board would look for the develop- ing the new alternative, which er to make concessions on his needs zoning variances for height part," said Town Planner Lincoln and setback. `But in the end, the Daley, who is investigating the subdivision is approved. It's there. abutters' claims and reviewing the Work is being done." drainage history for all of Wood - The onset of construction chuck Hill. brought several neighbors to the Chongris, though, is free to con - zoning meeting who were new to tinue with the previously ap- the town since the permitting proved plan and suggested that he process began 10 years ago. may not bother with further hear - "I just wish it would slow down," ings. said Mark Ruhland, of 855 Salem ' "I'm considering withdrawing St., who moved in last September the proposal," he said. "If there's expecting woods behind his house. going to be this much contention, "One day it was complete forest, it's probably not worth moving for - and the next day, like that," he ward with a better plan. snapped his fingers, "we had a "I'm not going to redesign the field." project," Chongris continued, dis- The sudden excavation stirred missing the idea that he would Ruhland's neighbor Bringert to in- take care of runoff from the exist- vestigate the seasonal runoff from ing development. "The whole the Redgate site. He discovered a point is to avoid doing work on the mysterious two-inch drainage pipe hill. That would actually be open - .coming from Weyland Circle ing a can of worms I'm not inter - above his home instead of a retain- ested in tackling." ing wall meant to divert water in The neighbors meanwhile have the proposed Foxwood plan. discussed hiring an independent "All that water runs over the engineer and legal counsel, hoping property. I'm not going to deny that the Planning Board will re - that," conceded Osgood, who rep- work drainage requirements in resented Chongris at the public the new plans or even reconsider hearing, "but it's not our responsi- its decision of five years ago. bility to go fix their problem." "If this guy would engage us, it Town drainage requirements would go a long way," said Ruh - tend to restrict only additional land, frustrated that his and his runoff created by construction. neighbors'recent calls to Chongris The Planning Board could require have gone unanswered. "Mean - the developer to deal with the while they're still razing trees and runoff from Weyland Circle, but carving out the hill." Ee Nonunion, town employees to pay 25 percent of health care benefit y the town TOWN UNIONS . SCHOOL UNIONS NONUNION BENEFITS Union No. of employees Contract status/expiration Union No. of employees Contract expires Annual Town Contribution for fer has re- Clerical 30 June 2008 Teachers Approximately 300 people August 2008 Health Care: $13,214 for each family all unions Communications officers (police dispatch) 9 June 2008 Professional Support (teachers' aides) 110 August 2008 plan, $5,281 for each individual plan .ations, in- Firefighters 53 Under negotiation School nurses 7 August 2008 Annual Employee Contribution for ,men, but Praressima! Gureriuns 7 June 2007 Educational secretaries 17 June 2008 Health Care: $2,151 for each family 1Q I,—')AAQ -I-- & V)n i..... 1, ;..d7..7.1.J ..�.. Hi, Glennon, Michel From: David Eckman [deckman@uatel.com] Sent: Friday, July 21, 200611:27 AM To: Daley, Lincoln Cc: Glennon, Michel; stenbringert@comcast.net; mruhland@acmepacket.com Dear Lincoln, Page 1 of 2 On behalf of my neighbors below the 10 year old Foxwoods/Weyland Crl developement and the new Whispering Pines Development on Salem Street (WP) currently under development, i want to thank you for sharing our concerns regarding water drainage from the Wood Chuck Hill that these developments are built into. We appreciate that you spoke to many of our concems at the Zoning Board of Appeals Meeting on Tuesday July 181'.we really appreciate the exploration of these issues you are currently conducting. Yesterday, we also spoke about these developments and their impact on our homes, yards, basements, and neighborhood in regards to water drainage. Following, I should like to summarize the key points of this phone conversation. 1. 1 asked why the planning board has required the developer of Whispering Pines to ensure water conditions of the easterly abutter to Whispering Pines will be protected, but the westerly abutters and adjacent neighborhood do not appear to be a concern. Why? You were not able to answer that but offered that you would seek the answers. 2a. We discussed the fact that the developer of Foxwoods/Weyland Circle did not meet the requirements of the town to diverge water from Weyland Circle to the SouthWest side of WoodChuck hill into Harold parker Forest and that instead it runs down on the properties along Salem Street. You expressed concern over this and said you would explore possible steps that the town and/or developer of Whispering Pines might take to address this issue. 2B. Since the town did not return the $20,000 of bond money that it received to ensure that the Weyland Circle Developer build the swale to redirect the water, because it was more profitable for the developer to give up his bond money than to actually do the necessary construction to protect the citizens of Salem Street, Fuller Farm, etc. 1 asked where is that money and could it be used as it was intended which was to ensure proper management of water runoff from Weyland Cirie. You said that you would look into this. 3. 1 said that it would appear that a main reason why the Developer of WP to request a variance to build lower on Wood Chuck hill would be in order to do less cutting into the hill and therefore reduce his costs. I inquired if it may be appropriate for the developer to use some of those saved dollars to deal with harmful drainage of water across its rather steep property. You had agreed that to be a reasonable idea to explore. 4. 1 had inquired to the existence of documents and communications between the Town chosen engineering firm, Color and Colantonio, and the Town Planning Board. You were not sure of their whereabouts but you would locate them or get them from Color and Colantonio. You seemed to agree that these documents would be integral to the ongoing monitoring of the WP Developement by the Town appointed monitor so that certain conditions are not ignored by the Whispering Pines Developer as they were by the Weyland Circle developer. 5. It is my understanding that if problems with the old or new plan for development of Whispering Pines (Wp) which were overlooked but do become apparent, that the Town would have the obligation and desire to address them. Would that be a correct understanding? 6. In regards to the mysterious 2 inch pipe sending water down the hill towards Salem Street from Weyland Circle, you had said the DPW was investigating that and that some time next week we would likely be able to discuss their findings. E C E �i jr �= r `i 7/21/2006 JUL 2 0 2006 y/0 BOARD OF APPFAU S Hi, Thank you, David Eckman 835 Salem Street CC: G. Bringert, M. Ruhland, M. Glennon, 7/21/2006 Page 2 of 2 0 Town of North Andover July 18, 2006 Zoning Board of Appeals, Community Development Division North Andover, MA 01845 Public -hearing, July 18, 2006on the application of Whispering Pines Realty Trust. Concern: Rain and melt water run-off from the northern side of Woodchuck Hill North Andover. On July 5, 20061 raised the issue of rain and melt water run-off from Woodchuck Hill which, we fear that the Whispering Pines Development will increase the run- off. Here are the reasons for our fears. 1. The Plan of Swale at Weyland Circle in North Andover, MA dated June 26, 1998, and the Drainage Remediation Plan, Foxwood Drive, North Andover, MA dated August 16, 2001 and revised September 21, 2001 both include an Earth Swale surrounding the outer perimeter of the Weyland Circle North to South with the intention to lead off rain and melt water to the Harold Parker State Forrest. There is no Swale, and has never been. Any run-off is free to take the shortest path down the hill. Was the bond amount lower than the cost for the developer to comply with the requirements? 2. The developer of the Weyland Circle installed a 2" pvc drainage pipe in the hillside below lots 16 and 17 of Weyland Circle. The drain flows onto the Whispering Pines property and follows the low line in W -NW direction, dumping water onto the properties of Salem St 871, 855, 835, 817 and 805. 3. Study of the elevation lines above lots 3 and 4 of the Whispering Pines development reveals a 16132 foot slope South to North with a clear low line run- off W -N -W. There is no specific requirements for the protection of the westerly abutters, only to the east. In summary It is our opinion that the Town of North Andover has failed to enforce standard requirements with the purpose of providing protection for the properties of the existing abutters to the Weyland Circle, and apparently is following the same path again. Recommendations made in the Engineering review, Coler & Colantonio March 20, 2001 were more or less ignored. We were not informed of the hearing that led to the Planning board's approval of the development of the Whispering Pines property in early 2006. JUL 1 8 2006 U BOARD OF APPEALS The Town has not monitored the Foxwood development properly and therefore failed us, the long term abutters to the Woodchuck Hill. In May of 2006 ducks found a pond on the front lawn of 817 Salem Street. The actions of the Planning Board of North Andover indicate that there is no master pian for the building developments, treating each application separately without reviewing upstream downstream effects individual decisions. We fear the Whispering Pines Development could become a repeat performance and appear here today to call public attention to these issues. Respectfully, The owners of Salem Street properties 817, 835, 855, 871 and 895. 00& ZONING BOARD OF APPEALS Community Development Division Town Clerk Time Stamp 2016 JL 20 All 1: 2 tl ET1 �.i �7 eel Q,d�; •� � - . Date % i 7 Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a C:Vja;�Z�e) Special Permit Comprehensive Permit (4013) Finding for property located at: STREET: —�rl I Fow Q I dile I MAP: PARCEL: TOWN: 4vi ),,)oer- TO MEETING DATE(S): U S NAME OF PETITIONER: ✓J P S Signed: ` eti ner (or petitioner'sresentative) 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fox 978.688.9542 Web www.townofnorthandover.com Joe H. and Monica L. Simmons 87 Foxwood Drive North Andover, MA 01845 (978) 683-0323 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover, MA 01845 July 13, 2006 Re: Whispering Pines Realty Trust, Dean Chongris Trustee Board of Appeals: As homeowners whose property directly abuts the proposed development for which a variance is being requested, we would like to enter into record that we have concerns regarding how the variance will impact our property. Because the proposed variance would allow the new construction to be closer to our existing structure, we are would like assurance that an adequate landscape buffer will be included in the plan to maintain our privacy and to provide a barrier from the noise from Salem Street traffic and the new subdivision. As it stands now, the complete removal of the trees and vegetation from the lower half of the property has already caused an increase in the amount of noise we are subjected to daily, a situation we are sure will get worse in the winter. Although we are unable to attend the July 18, 2006 public hearing because we will be out of town, we respectfully request that we be notified of any action taken at the meeting and also that we be notified of any further issues regarding the proposed subdivision. Sincerely, Joe and Monica immons I� C E 0 W �1, JUL 1 S 2006 BOARD OF ,"P,AI S Glennon, Michel From: monica_simmons@vedzon.net vedzon.net Sent: Thursday, July 13, 200611:12 PM To: Glennon, Michel Subject: Whispering Pines Variance Hearing MI L Whispering Pines Variance Lett... Hello, I was in your office earlier this week discussing the variance request for Whispering Pines and how it would affect our property on Foxwood Drive. I am attaching a copy of the letter I am submitting by mail since we cannont attend the meeting. I know you needed to get the packages for the meeting together this week so I hope it is not too late to have our letter included with the other information. Thank you for all of your assistance and all of the helpful information that you provided during my visit to your office. Sincerely, Monica Simmons 87 Foxwood Drive North Andover, MA 01845 �ECEHEF .. .y n•1n I BOARD OF AHF LAi-S 1 Town of North Andover July 5, 2006 Zoning Board of Appeals, Community Development Division North Andover, MA 01845 Public hearing , July 18, 2006on the application of Whispering Pines Realty Trust. Concern: Rain and melt water run-off from the northern side of Woodchuck Hill, North Andover. The run-off of melt- and rain water form Woodchuck Hill, on to the properties along Salem Street between Summer Street and Foxwood Drive, has gradually increased to unacceptable proportions since the development of Foxwood drive and Weyland Circle. With the recent approval of the development of four houses on the Red Gate Realty Trust property we fear for further increased run-off and request that the Town of North Andover take action to prevent the ongoing damage to our properties and ensure that any developments under way do not add new run-off. See photo from May 15, 2006 817 Salem St front lawn. When the Town approved the development of Foxwood Drive and Weyland Circle on Woodchuck Hill, the permit was conditional on the construction of a deflection conduit for run-off water from the north side of Woodchuck Hill, below Wayland Circle, to the south side draining into the Harold Parker State Forrest. This was never implemented. A recent review shows no traces of a deflection conduit but one 2" drain pipe in a man-made funnel like depression directing water from Wayland Circle basements down the northern side of the hill. The erosion caused by the water over the years has created a creek discharging the water onto Salem St 805, 817, 835, 855 and 871. The steepest slope on the Red Gate Pasture, located on Lot 3, drops 16 over 32 feet distance. This slope is located close to the westerly stone wall. The run-off water we have experienced, prior to the start of construction on Red Gate Pasture, comes along the westerly stone wall. We request that measures be taken to reduce the current flow from Weyland Circle and prevent addition flow from the new construction. Sincerely, G6ran Bringert 817 Salem Street North Andover, MA 01845 (978) 794 0653 stenbringert(cDcomcast.net ll� JUL 6 - 2006 U BOARD OF APPEALS �, � iP !�S • ^k f � � ' d a ""44 y 8 a a - S J U L - 2006 BQARD OF APPEALS Y , - r yt '' '"r: ,� +2'%�,. } A • .Y war {` �"1 M1 .s d a ""44 y 8 a a - S J U L - 2006 BQARD OF APPEALS TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS VARIANCE RECEIVED Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (JQJ days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Board of an application as The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. -STEP 2• VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3• PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4. OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5• SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. l�gg 4c� a.I IV, . '. I y 'it-iei�3�+.i✓it+J..,4.i k STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The office of the Zoning Board of Appeals schedules the -applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7• DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board .of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the, Town Clerk STEP 10• RECORDING THE DECISION AND PUNS The petitioner is responsible for recording certification o the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. 16"tl.YWAMM .61..d m--- ---- ..W.W..,...........W....MM..H.......iY...r IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 400 Osgood Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Depart ' t 978-688-9541 Zon�iVerl Is Office D Zoos nAi� ^� AP°ENLS North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-88&9568 Assessor's Office PAGE 1 of PAGE 2 OF 4 `The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: W H I4; P E RA &J G (( N ES R.E'Ad_lL'-3 _MQ Ju T Sq aEt_uoN-r s�i12 T` it/o 4-X ANDOUe '4 404 ot-s (Ks- Years S Years Owned Land: 3. Location of Property: a. Street: 45ALstit s7_t21_1_ e <" Zoning District: K — 7— b. b. Assessors: Map number: 6.5- Lot Number: c. Registry of Deeds: Book Number: 4cyg 2 Page Number: l7 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. SFCC1oN 8.6 A SEGTIO,v 6.5_,, JN,e&crL+ LiA4IlMi*t.1 "Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: C`D IQLt r2 w A AEP u cci,> fAiU6-1_ si z C Yr -'&.e A- P2D 1--�z2Z ^--x 5 eEa,;r2Ep By Ike- 0_!>'_J1urr 0_;_q114LA/ -1-o MRCS: O&L.0 u -r G- r.3"1 g i'eu'y7 17. . GL6ArzW!3 4Q vl.> &-94 t71 N4 % sem. So pu o t OL44! ,e SNE To TXE PA.¢ c�L ao uv L> Jorz�J The above description shall used for the purpose of the legal notice and decision. A more detailed desfttlon Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional Items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking cul Ny P f2o TCcr ZovV Sq. Ft. Sq. Ft. Coverage Feet Spaces NIK' &-KT Front Side A Side B Rear u /twz *I bo ' C> w cC.0 l tity s 7a eC �' 1 H67 I ,v j -/E'_) v i= T14&_ Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2% 5-38 zen,538 0 a _L ,I& o — — — — 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2i�78o mgK 153,000 100 Z 30` + 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 2 I 78v AJ l e Z 7A. Existing Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet ,✓a .vE Minimum Lot Setback Front Side A Side B Use of Building* *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). 76. Proposed Building(s): Rear Number of Units" Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units** Z 3r poo S o d o 2GS•��.�-7R pwC t �[ti3Cr- �_ *Reference Uses from the Zoning Bylaw & Table 1. "*State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeal does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Type above name(s) here: D CQ,1 C-Aon4rtS % rVsn e- -- G✓�,sPere�,u� P•��s %z�i��T� T c,s� PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application Involves new construction/conversion) and/or a proposed change In use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, II) three (3) or more dwelling units, Ill) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show -detailed utilities, soils; and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1'=40' II) One (1) Mylar. IM Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with.a black for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: I) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. LI) 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 Plata 6. Names addresses and phone numbers. of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. 4 A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted.+ TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS VARIANCE ADDRESS OF APPEAL: 0,Q,s ,v,,9-� 6�S c.6TS � s � `Y 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 Zoninq Board of an application as The information herein is an abstract of more speck requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP Z• VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3• PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4. OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP S• SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office . and the. 10- Xerox copies will be left with the Zoning Board of Appeals secretary. 978-68 978-688- 978-68 MORTM Ot ��so •1�0 4 0 2E#4�� ?'2V sT STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the -applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attomey. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusettshdays � General Law ch. 40A § 17, within twenty ( ) the decision is fled with the Town Clerk STIP 10 RECORDING THE DECISION AND PLAN The petitioner is responsible for recording certification c the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. a..r...a.�...w.da.�r�ru.d...r.nw....aqua"""".........w.u.w�.uu....:;....uuu....w...wau�..w.na......«...d.�..w+.w.w� "" -,-,r1li�q�VIV4 PAG TANT PHONE NUMBERS: tip#1'q1 . 9533 Office of Community Dev. & Services North Andover Td�vr1"d�a�,I� ;tiftj i 400 Osgood Street, North Andover, MA 120 Main Street 01845 rt -7 _Vlar � 8-9542 fax for Community Development offices 978-688-9501 �o gitr 978-F88-9566 ssessoes Office . 9545 Building Department 71.�.�t1,,i`tGj 8-9541 Zoning Board of Appeals Office Cl3l�la� E1 of, I PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 1. Petitioner: *Name, *Address and telephone number: _ r% Ati� e Flo N �sRtS T2 psi � of wNls P� 21 NC- Pj Ve-;> 2tsL 84 13ec^Mo�rr �i 2ET /pJZ"r( A Dd�eL? .vth O[E *The petitioner shall be entered on the legal notice and the decision as entered above. I 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: W N Imo, PE R1�v G t� t ti E s RE'A�t_ 2�s ST -- S4 aEi un�T i122T� Ale) Z7Y AtNDoue 9- '4404 C-)18 YS Years Owned Land: 3. Location of Property: a. Street: SAt.Etit sr�C f—L Zoning District: Z- 7- b. b. Assessors: Map number: 6-37 Lot Number: 2t 16N c. Registry of Deeds: Book Number: `r2t8 2 Page Number: 1*17 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. SEGTtoN S 6 A SEcnoN 8.t ,.aD I-�e�4.+ t-tn,�►�'lio.� *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 6. Describe the Variance request: T ��, w F% RED u crit F&a46- - si z c ,4 t�leD �i2� M to ,¢ s ee-a�l2t;p 40V life- za.J-ut;- 3YL-sIw -TV Eye �r�E 'Ta TXE Plte c�� r3d u,v D �z2 yy The above description shall a used for the purpose of the legal notice and decision. A more detailed d=Uon Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional Items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that gKnot meet current Zoning Bylaw Requirements. (Lines A and B are in case of a i plit) + (-LEA1tNAt U ) Lot Area Open Space Percentage Lot j6Vl�jAJ& coNa� avjLA#9 t? M0-Tcr[T ?vFFZa zovV Sq. Fa) Sq. Ft. Coverage TN &&'WIZ 79W4 _ Hc' 6 -RT Front Side A Side B Rear X. yyOd,Z % '�',S SO --5-0 'y b B. % w 6-L,L I S 7a B� eis' I i •v KCI G! / % t, --j 6.l t v v i-- W -Ll - AL_L_s--, t%Ci sT 010(,. coPuR0c'it>� 3ZaAA0 �t R2EL ... ('J 1-100 v F I -N 45- 'If -0 . 2 E6'j r'2ED rage s OT 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a �r`' ARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 24 38 Zq 538 _ — 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 21,780 M"Vt /53000 !oma Z 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces ZI, 7s%D 7A. Existing Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet Na,vE Minimum Lot Setback Front Side A Side B 30` 2,� + 2.--l+ Minimum Lot Setback Front Side A Side B Use of Building' 'Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). Rear 3d Rear Number of Units" 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" i o d o Z 35 /Y_ *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeal does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Type above name(s) here: L cQri C�on4r+�s ! r41sn 4- PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversioni and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, I1) three (3) or more dwelling units, Ill) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x1T", preferred scale of 1"=40' 11) One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land, Surveyor, with.a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: t) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. 4 A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted.+ Zoning Bylaw Review Form y ' Town Of North Andover Building Department 1600 Osgood Street, Building 20, Suite 2-32 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 0 Salem Street Ma /Lot: 65121 8164 Applicant: Whispering Pines Realty Trust Request: 4Single-family home subdivision Date: 6-21-06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonina District: R-2 Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes Site Plan Review Special Permit... Item Notes A Lot Area Parking Variance F Frontage Lot Area Variance 1 Lot area Insufficient X 1 Frontage Insufficient Variance for Sign 2 Lot Area Preexisting Special Permits Zoning Board 2 Frontage Complies X 3 Lot Area Complies Earth Removal Special Permit ZBA 3 Preexisting frontage Special Permit Use not Listed but Similar 4 Insufficient Information Special Permit for Sign 4 Insufficient Information Other B Use Supply Additional Information 5 No access over Frontage 1 Allowed X •* G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum X 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient X lot 1 8 2 1 Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed J Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit... X Setback Variance Access other than Frontage S ecial Permit Parking Variance Frontage Exception Lot Special Permit X Lot Area Variance Common Driveway Special Permit X Height Variance Con re ate 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 Den sit S ecial Permit Other Special ecial Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative' shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file.a nevi building permit application form and begin the permitting process. E% Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Reasons for Denial & Bylaw Reference Form Item Reference A,/2 8.5.6 Planned Residential Development (PRD) Standards: 8.5.6.A. Requires a contiguous 10 acre parcel; applicant has 6+ acres. H/1 18.5.6.1) Height Limitation = 30' & 2.5 stories; applicant requests 35'. C/5 I 8.5.6.D Buffer Zone: = 50' border from the parcel boundary running the full length of the perimeter of the parcel; The proposed dwellings on lots l & 2 are within the eastern lot line buffer zone. A Variance from the Zoning Board of Appeals is required for relief from the requirements of 8.5.6. ** The Planning Board approved Red Gate Pasture, a 4 -lot subdivision. Referred To: Fire Health Police X Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylae,Denial2000 \�5 _ BK 10 182 PG 17 QUITCLAIM DEED I, John J. Burke, Trustee of tate Redgate Realty Trust, dated July 31,1996 and recorded with the Essex Norm District Registry of Denis in Book 4561, Page 10, of North Andover, Essex County, Massachusetts, for consideration of Eight Hundred Thousand and 001100 ($800,000.00) Dollars paid, grants to Dean Chougr% Trustee of the Whispering Picea Realty Trust u/d/t dated May 1, 2006 with a mailing address of 89 Belmont Street, of North Andover, Essex County, Massachusetts with Qukdlabn Covenants, PROPERTY ADDRESS: Lots 2A and 2B, Salem Street, North Andover, MA the land in North Andover, Essex County, Massachusetts on the southerly side of Salem Street being Lot 2A containing 3.3464 acres and Lot 2B containing 3.3464 acres as shown on a plan entitled "Plan of Land in North Andover, Mass." dated May 1985, drawn by Merrimack Engineering Service, Inc., which plan was recorded with the Essex North Registry of Deeds on December 10, 1985, as Plan No. 10117. For a more particular description, see said Plan 15349 as recorded at said Registry. Subject to any and all easements, restrictions and covenants of record insofar as the same may be in force and applicable. Redgate Realty Trust has not been amended or revoked I am the sole Trustee of said Trust and I am duly authorized by the beneficiaries to sign and deliver this deed. $r For my title see deed dated July 31, 1996 and recorded with said Registry of Deeds at Book 4561, Page 16. Executed under seal this %s*day of M 2006. 0 R 4 REDGATE REALTY TRUST �umimr mot mm yJ J. Trustee CD o zm N GJ cs 0 cs- 0- NEW ENGLAND ENGINEERING 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 I N C (978) 686-1768 - (888) 359-7645 - Fax (978) 685-1099 SERVICES JOB / 4 �r— c— SHEET NO. O OF CALCULATED BY B•C'�' tJ2 DATE CHECKED BY DATE SCALE NEw IENGLAND IENGMEIUNG SERWES9 INC. 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01845 Tel: (978) 686-1768 • Fax: (978) 327-6138 Benjamin C. Osgood, Jr., P.E. President North Andover Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: Red Gate Pasture Subdivision, North Andover Variance application Dear Madam Chairman: June 20, 2006 Please accept this letter as a memorandum in support of the request for a variance for the above referenced property. The particular supporting information as required by the application is outlined below. A. The particular use proposed for the land or structure. The proposed use for the property is as a 4 lot residential subdivision. The property is currently approved for a four lot conventional subdivision, however the applicant would like to develop the property with four lots in a cluster fasion. B. The circumstances relating to soil....which do not affect generally the zoning district in which the property is located. The property slopes upward from the roadway from an elevation of 143 to 300. The development is currently approved to occur up to an elevation of 220. Developing the property under a cluster provision would allow the disturbance to below the 200 elevation, requiring less cutting in to the land, less runoff, and provide the opportunity to grant open space to the town.. C. Facts which make up the substantial hardship, financial or otherwise, which would result from literal enforcement of the applicable zoning restrictions with respect to the land or the buildings for which the variance is sought. Since the requirement for a cluster development is to have 10 acres of land and a 50 foot buffer zone around the perimeter of the land a cluster development is not possible. The shape of the property also limits the ability to comply with the 50 foot buffer zone since the property is so narrow. _ 4 D. Facts relied upon to support a finding that relief sought will be desired and without substantial detriment to the public good. The property is located in a single family residential zone. The use will remain as single family dwellings. The grading, house locations, and cutting will be no closer to the property lines and will not affect any abutters to any greater extent than is already approved. The benefits include having the ability to provide more undeveloped land in the vicinity of the abutters, less impervious area and therefore less runoff which then requires a smaller detention basin. The town also gains open space to be added to the ownership of the town. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. The intent and purpose of the bylaw is to protect the inhabitants of the town and the properties within the town. The specific intent of the cluster bylaw is to lessen the area used for development and lessen the impacts of development of the town. By allowing these variances the intent of the bylaw will be met.. F. Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, C. Benja nn C. Osgood, Jr., P.E. President Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( This certifies that the names appearing on the records of the Assessor - Office as of /-/-e � Certified b : Date "b Town of North Andover 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 oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 65 21 & 164 Redgate Realty Trust 60 Beechwood Drive, North Andover, MA 01845 Abutters Properties Map Parcel Name Address 65 35 George Clark V862 Salem Street, North Andover, MA 01845 65 43 Stephen Tombarelli A_04 Salem Street, North Andover, MA 01845 65 68 Robert Eddy 886 Salem Street, North Andover, MA 01845 65 69 Gary O'Boyle v898 Salem Street, North Andover, MA 01845 65 70 Albert Erler x9•'10 Salem Street, North Andover, MA 01845 65 71 __ — -- Yok Lin Chan �J 2 Salem Street, North Andover, MA 01845 65 59 Goran Bringert CX7 Salem Street, North Andover, MA 01845 65 60 - David Eckman x,855 Salem Street, North Andover, MA 01845 65 61 Michael Ruhland N -36B Salem Street, North Andover, MA 01845 65 17 Robert Meikle LRfl Salem Street, North Andover, MA 01845 65 39 & 20 Town of North Andover Main Street, North Andover, MA 01845 65 54 Stephen Cyr x--895 Salem Street, North Andover, MA 01845• 65 67 _ _ William Cyr t e5th Street, Salisbury MA, 01952 • 65 231 _---- --Joe Simmons li,8�Foxwood Drive, North Andover, MA 01845 65 232 Brian Vaughan x-95 Foxwood Drive, North Andover, MA 01845 11 —0-6 65 271 Natalie Donahue I tT4 Foxwood Drive, North Andover, MA 01845 65 237 Walter Lohnes `23 Weyland Circle, North Andover, MA 01845. 65 235 Yael Kadoshi Weyland Circle, North Andover, MA 01845 65 236 Jeanne Colachio \A77 Weyland Circle, North Andover, MA 01845 65 238 George Moore V-c-)MV449 Weyland Circle, North Andover, MA 01845 9-7 -610 65 239 Abbas Torabi k45 Weyland Circle, North Andover, MA 01845 65 240 Joan Corbett \) ^Weyland Circle, North Andover, MA 01845 65 241 James Satterwhite \_3i5 Weyland Circle, North Andover, MA 01845 65 242 Paul Ferullo x,77 Weyland Circle, North Andover, MA 01845 65 243 Jonathan Albano }gdrttt�5 Weyland Circle, North Andover, MA 01845 8 % "06 65 244 Maurice Martini t -X1 Weyland Circle, North Andover, MA 01845 65 263 Jeffrey Zimmermen L,*66 Weyland Circle, North Andover, MA 01845 65 264 Tracy Anne Fuchs rt" Weyland Circle, North Andover, MA 01845 65 265 Steven DukichWeyland Circle, North Andover, MA 01845 65 266 — Gennaro lovine ✓64 Weyland Circle, North Andover, MA 01845 65 267 . _, Michael Thomas �6 Weyland Circle, North Andover, MA 01845 65 268 ------Evan Sanders V3&Weyland Circle, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessor - Office as of /-/-e � Certified b : Date "b Lrfio-]�� 0 .7 Sy a o ID lcFiE t., n IN Lrfio-]�� 0 Sy a o Of MTM TOWN OF NORTH ANDOVER VARIANCE 10 3= •'�'��''," ZONING BOARD OF APPEALS. _ ;131 2 NAME' .DEAN TRv STEL vr- ADDRESS OF APPEAL: /L4A-P 46- i_&TS a. t- s L L - `l 7—/Z s i S�kLEm 5TrLl✓ ET' iv z,2_, �tirpo4c/b Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonina Board of an application as incomplete.. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP S: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of -filing. The original will be left at the Town Clerk's Office,'and the, 10. Xerox copies will be left with the Zoning Board of Appeals secretary. :X= STEP 6: SCHEDULING OF RINGD.' PREPARATION OF LEGAL W.VtE:c.� ;,c7 The Office of the Zoning Board of ppe sq1 jQules the applicant for a hearing daiiirepplresl,. legal ,6 iil notice for mailing to the partih eresf-"(ab,_ rs) and for publication in the newspaper_v,The pattiori#.f is notified that the legal notice has-been pr8are,4 and the cost of the Party in Interest fee. co `ll STEP 7• DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board .of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is fled with the Town Clerk STEP 10• RECORDING THE DECISION AND PLANS The petitioner is responsible for recording certification c the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. - W.i4.HYW....W...«.O..:W......1W..4..W..N..................YHWY......ia...........W.V.U....,H......N..O.,..gtl IMPORTANT PHONE NUMBERS: 978-68&9533 Office of Community Dev. & Services 400 Osgood Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 1 of PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 1. Petitioner: *Name, *Address and telephone number: — A10 7-2 1.$ � of wNts PE - l2) NG Prnt0;> RQTc, 7gy!�—( sQ 3ec.il�to ..r,- s i 2E� N� lZTtf A D o�e.Q 4 OL9 YrS- *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: U-) R I-;;, PE90J & P( ti► E -Q R.E'A 6L3 TR.y ST Sq 3eL.-4AuN-T s�iac2–:T A-10P--IV4Nbo U ea_ v4 yr -84S Years Owned Land: 3. Location of Property: a. Street: sAt.Enn Zoning District: /Z— Z b. Assessors: Map number: 7 Lot Number: 2i s 164 C. Registry of Deeds: Book Number: lolB 2 Page Number: !7 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. S EG-ctoN a.6 . fo . A SEeTI on. 8-41 f_ a, Q ( Ke!al`-+ L- AA1jMi 0,1) 5e -c -(1y... $,S'a C 0 C6uFF-Et2 zaaU-) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: (9 IQLI.c�c.. d 99Duc-LO Pfi-at6z- ar! 2 c- 7='v,2 A- i'2D I—i?z M !O d-cAg&—s The above description shall used for the purpose of the legal notice and decision. A more detailed desellption Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and w111 not Involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimensions) that wl of meet current Zoning Bylaw Requirements. (Lines A and B a in case of a lot split) 1/U Lot Area Open Space Percentage Lot ,6u1j,0fN& cows . avjj qv? tLo5E'cr' 3vF�2 zonrE Sq. F,tt..� Sq. Ft. Coverage 2N XPFE/L 7VtV- - NC 6 -KT Front Side A Side B Rear �JZ % B. % w Ce,t t krq S 72� BG- 3v ` R67<p�-)42��. AI_La... O..•..CLL\NG- eo,usTRueittJ.� 30` >ei2anti —jWF- f A2EG�- AIV Wires 0f S'V, Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARAN c E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear Zgl,_,538 Z_ g1�538 O � J.�.✓(� O - — _ — 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B 2it78o min /53,000 loci Z 30' 2,, + 2,.D+ 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B 21, 7&D 7A. Existing Building(s): Ground Floor Number of Height Total Use of Square feet Floors Sq. feet Building* 'Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). Rear 3o Rear Number of Units** 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units** r o a Z 3S ova fZ�s•��•-1�.4L �wC cu c3G- 41 *Reference Uses from the Zoning Bylaw & Table 1. `;�- "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appea does not absolve the applicant from this responsibility. The responsible expenses for filing and legal po ty. petitioner shall be res nsible for all notification. Failure 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: C -k#1! a,-ce 7p -a-,. n e- PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show -detailed utilities, soils; and topographic information. VARIANCE *10. B. *Plan Specifications: I) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' I1) One (1) Mylar. IM Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with -a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: t) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). 11-C. Administrative fee of $50.00 per application. 4 A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted.+ Sa N N w 40 V CV)o 4MNi CV)NN oax1%IOR NN «000 vv C Cl J J C6 m m m Q mM� 7P oc CiMN� YY V❑ C�j U AD 4W m fl. 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