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Miscellaneous - 10 INGLEWOOD STREET 4/30/2018 (4)
i nen �4eq � a/v,r psP 13 Fluetes 13108 Applkation MW a 0A Hewing dw=TA 5 �� - 912 d5 C9 j (6 �i m� "I--) 'I,- IncftVldeNAMA Date: ••...Tian Aorre Missing,"""'~ 45 C9 tb m b 't? N Q 0 t d 9 dll z 0 ::E V) E D 00 Z Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. qv- .., - - 4 •- Off\ F t A ZONING BOARD OF APPEALS (ommunity Development Division Notice of Decision Year 2106 RIF8M6 Imp TO N "I FRK'S OFFICE 2006 AUG 22 PH 5: 01 TOVIN OF NORTH ANCM R MASSACHUS I 40A, §17 Pro at: In ewood Street NAME: Mathew Xenakis, Trustee, J & M HEARING(S): August 10, 2006 Realty Trust, 701 Salem Street ADDRESS: Inglewood Street (Map 11, Parcel 15) PETITION: 2006-027 North Andover, MA 01845 TYPING DATE: August 18, 2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, August 10, 2006 at 7:30 PM upon the application of Mathew Xenakis, Trustee, J & M Realty Trust, 701 Salem Street, North Andover, for premises at: Inglewood Street (Map 11, Parcel 15), North Andover requesting a dimensional Variance from Section 7, Paragraphs 7.3 & Table 2, and 7.8 for relief of front and right side setbacks of the Zoning Bylaw in order to construct a single-family dwelling. Said premises affected is property with frontage on the Southeast side of Inglewood Street within the R-4 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 26 & August 2, 2006. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Richard M Vaillancourt, and Daniel S. Braese. The following non-voting member was present: Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2°d by Richard M. Vaillancourt the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3, Table 2, and Section 7, Paragraph 7.8.1 of the Zoning Bylaw for relief of 12' from the front setback and 5' from the right side setback in order to construct a proposed single family dwelling, per: Site: 11191ewood Street (Map 11 Parcel 15), North Andover, MA 10845 Site Plan Title: Certified Plot Plan of Land, Inglewood Street, North Andover, MA, prepared for owner: Mathew Xenakis, 317 Blueridge Road, N. Andover, MA 01845 Date (& Revised Dates): July 17, 2006 Registered Professional Land Surveyor John F. McQuilkin Jr., RP.L.S. #36120, JM Associates, 325 Main Street, North Rmdm i_& MA 01864. Sheet/Drawing Job# 500-255 Budding Plan Title Residence For Mathew Xenakis, 317 Blueridge Rd, N. Andover, MA By: GB, G. J. Bruno Associates, Residential Designers, 28 Berkeley Road, N. Andover MA 01845 Date: 2-16-06 Sheet/Drawm : Al -A3 Page 1 of 2 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com ZONING BOARD OF APPEALS (ommunity Development Division Town �Mtb TOV1 11'1-FPK'S OFFICE 2006 AUG 22 PM 5: 01 TCti'H�F NORTH Ail0W-"E-J- MQSSACHU 7! T -' Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Richard M. VMancourt, and Daniel S. Braese. The Board finds that Map 11 Parcel 15 is lot #136 on Plan #463 at the Essex North Registry of Deeds, recorded on May 22, 1922, and titled `Plan of Waverly West Park, North Andover, Mass, June 1906'. The Board finds that the first North Andover Zoning Bylaws were enacted in 1957 and that the applicant wrote, "To the Petitioner's knowledge, the Property has always remained vacant.", therefore, Section 7, Paragraph 7.8.1's requirements of 50' sbW frontage, 5,000 square feet lot area 20' front and rear setbacks, and 12' side setbacks apply to Map 11, Parcel 15. The Board finds that owing to circumstances relating to the soil conditions of Inglewood Street (Map 11 Parcel 15), where the Conservation Commission's 50 -foot No Build Zone extends 43' onto the rear of the property, especially affects Map 11 Parcel 15 but does not affect the general R-4 zoning district in which it is located. The Board finds that a literal enforcement of the provisions of 7.8.1 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that 9 abutters signed the July 25, 2006 petition for the appeal and that there was no written or spoken opposition during the hearing. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Spacial Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, &uo P A&I, Ellen P. McIntyre, Chairmafi Decision 2006-027. M11P15. Page 2 of 2 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorihandover.com ZONING BOARD OF APPEALS Community Development Division Legal Notice North Andover, Board of Appeals Town Clerk Time Stump RECEIVED 2006 JUL 25 P� � 2: 2 Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Thursday, the l0a` of August, 2006 at 7:30 PM to all parties interested in the application of Matthew Xenakis, Trustee, J & M Realty Trust, 701 Salem Street, North Andover, for premises at: Inglewood Street (Map 11, Parcel 15), North Andover requesting a dimensional Variance from Section 7, Paragraphs 7.3 & Table 2, and 7.8 for relief of front and right side setbacks of the Zoning Bylaw in order to construct a single-family dwelling. Said premises affected is property with frontage on the Southeast side of Inglewood Street within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, North Andover, MA Monday through Friday during the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chairman M Published in the Eagle -Tribune on July 26 & August 2, 2006. N OD Irn Legalnotice 2006-027. M11P15. P ADW 770 �� fnD� .io w DAN, r 'EIn a ^^ Z M . y 4w N N °i•� � N (nm wo p 0 4 Oy�•(�aj° FW:*0'M(Qn °$Owvwpca�7Ow11 .O 0Oo' 33,°y30o�Ddu0D3 a3D�m W,(W�XwoDoo:.r .1 3?� W H O �• N m6 Cts 7 N N - - -- 5 0Z C �y�m m0N��o�Z,_E' n nS g 33 m 0'*U0r - o ��m tedo.o�oc' 0-om0MmNomaeMvm— 15 orLF°aydpea=, M> » m dcnmSD QM sm N Ci 0 n � MaN CL w c N� m G 3 m W. o ��movmzm-�,'a —1 Z 7 .7 . 0 CD Z� O w Era. �cacaD0o wro0;1 A � m sm m m • cQ 3 �_ rnEr . , M 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com Zoning Board of Appeals North Andover Hearing No.: ZBA-2006-0025 Date: August 16, 2006 APPLICATION TYPE: SUBMISSION DATE: Variance Wed Aug 16, 2006 Applicant's dame: NAME: J & M REALTYTRUST ADDRESS: 69 MAIN STREET TOWN: NORTHANDOVER STATE MA 171PCODE: 01846 PHONE NO,: FAXNO.: EMAIL ADDRESS: Sits lnfonnation: Owner's Name: NAME: J & M REALTY TRUST MAILING DATE: ADDRESS: 69 MAIN STREET 0INGLEWOOD STREET TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 1 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: REFERRALS IN DATE: Work Location.: MAILING DATE: SITE ZONING: 0INGLEWOOD STREET APPEAL DATE TOWN: WedAugOZ2006 SECTION OF BYLAW: NORTH ANDOVER, MA 01845 REFERRALS IN DATE: GIS # MAP BLOCK LOT: ACTION TAKEN: 324 011.0 0015 Thu Aug 31, 2006 FIRST ADVERTISING DATE Reason for filing: Variance from 7.3 & Table 2 for front & right side setbacks in order to construct single famHy dwelling without encroaching on the Conservation Commisslon%- 50 no go zone. HARDSHIP: FINDINGS COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE DECISION DRAFT BY: APPEAL DATE Tue Jul 11, 2006 WedAugOZ2006 Thu Aug24 2006 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Jul 24 2006 Fri Oct 20, 20M Thu Aug 10, 2006 Thu Aug 24, 2006 Thu Aug 31, 2006 FIRST ADVERTISING DATE HEARING DATE: VOTING DATE: DECISION DATE: Mon Jul 24, 2006 Tue Aug 08, 2006 Thu Aug10, 2006 Thu Aug10, 2006 SECOND ADVERTISING DATE HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: Mon Jul 31, 2006 Fri Nov 24, 2006 Fri Nov 24, 20M MEMBERS PRESENT: MINUTES OF MEETING: GwTAM 1998 Des Lauriers & Associates, Inc. VOTE: O � � 'm •moi id �p a�'•0 �_ Q. 1v�� MI— �!& CO m:c 010; r P m f W 15 F F0-0 "'(D ca i, W NOi 3 1 J Z f to ILLI o F, jm a U Q o, 9 Z }' ui �n 8 U ,�.CM= W Q' f(&V i O 'm m',aIa (Oi 'CO) W) dim 0 Y "`l m v O10 r- 0 a O O 0 J m m) a c F t =j J_ m E E U f S W W O Z O O O d. O w H F o O O Y � Q c Z NK F� O J W W 'ZWY WS W. O Ir - V 1-0 �Z,m M 2 "f ca d 22 J� W< 3:J { oGoo 43 a 1 T cc IL ¢ f S �i ice! co n V �Z,m M 2 oGoo a 1 Z' � p E>i0 o� '4W� j j= Q vv s Z� ONT aC; zoo LL } Z z� w� p o 0 zN aoo Q V ; EO` m m m� a oo Z o ao Vw a t°- 10- O m a = Z 'tA'r- V I- I I 1- i W Y f POSTALSERWCE ***** WELCOME TO ***** NORTH ANDOVER BRANCH ***Welcome to**.*, North Andover Postal Station 07/20/00 04:040i Store USPS Tran5 Wkstn Q= Cashier cashl , 1 s Nlqc lower StOCK irit !A Ju0i ne kmbdr &I �c A -,-,e 1 1 f)l N Ll L 11 Per jal/ 6 VIA. .4 " StaMnb al I-: W, LSK w, c' 10, f an 0 labeli KIN pashy infwation 01 Arc Numne, Y flams K! - ThanK You Have A 4 , ZBA 3 5 3 Date.17.1 —.A.. 0 TOWN OF NORTH ANDOVER RECEIPT ..................... This certifies that .. �0 L4 ':� .9 "1 has paid 4 ... 1: 7 1 9. 1.. 6_1 9 ....... 9 ............... for . ... .... .... . .. ...... ....... ...... Received by .............. .................................... ....................... ........ N - Department................. ................................................. WHITE: Applicant CANARY: Department PINK: Treasurer TRANSMISSION VERIFICATION REPORT TIME 0711812006 16:57 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 07118 16:56 FAX NO./NAME 89783275219 DURATION 00:00:44 PAGE(S) 04 RESULT OK MODE STANDARD ECM JUL-18-F006 16:88 From: To:9776QB95iL1 r. i-;> FAC'SjWLF, A.NSli j T1'A1, S.. "RET SMUT,AK & VAUGHAN L1,P E F FERS014 U� � CE PARK 820'YUMPIKR STRFFTs SUITE 20.3 NORTH ANDOV1E"sR, MA 01945 100 'lE Wrt 1T, p ellectini 1 IRP,CT n1AU- (978) 327-5570 MAIN NUMBER: (978) 127-5220 FAX. N1LW i M!.: (979) 327-R219 CTa1YI' #: F4W July 18,2W6 MATTER u: i6A X64 NumBEx OF PACES SENT (Including Cover Slteet): 5 COMMENTS: I have enclosed a copy of the completed Vviance applic;r..tion form, Pleme feel 'Free to contut ire if there is a problem or if you have any questions. As discussed, John will hand•dcGver this along with tl,c supporting mtocrielg and checks tomorrow mornirig. Thaak you. W YOU ,>",XJ',F,KIENCli ANY PROBLEMS WfL'H1HiS'. RA,NSMISSION OK VO NOT RECEWE A'L,L 1" AGES. PLEASE CALL (97813275220. 9?8_6 8-9542 978-688-9511 Mitch N. Andover 7RA COMMENTS: I have enclosed a copy of the completed Vviance applic;r..tion form, Pleme feel 'Free to contut ire if there is a problem or if you have any questions. As discussed, John will hand•dcGver this along with tl,c supporting mtocrielg and checks tomorrow mornirig. Thaak you. W YOU ,>",XJ',F,KIENCli ANY PROBLEMS WfL'H1HiS'. RA,NSMISSION OK VO NOT RECEWE A'L,L 1" AGES. PLEASE CALL (97813275220. JLL-18-2006 16:08 From: PAGE 2 OF 4 NORTH ANDOVER ZONING 80ARD OF APPEALS I please complete an Items 1.18 below. To:9786889542 P.3/5 for aVARIANCE 1. Petitioner: *Name. "Address and telephone number: opitnew Renakisr :trustee JhM Rea1Ly Trust 70J. saigm street U A� gZ MA n►R45_,.., _9711 -RU -0900 "The pethloner 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: 46M Realty Trust 701 Salem SLIQ99, N Andover., MA (11 US 978-974.0900 Years Owned Land: i + 3. Location of Property: a. Street: Inglewood St:reet Zoning District: R.-4 b. Assessors: Map number: 11 Lot Number: 15 c. Registry of Deeds: Book Number: 9,3 21, Page Number: 3 is 4. Zoning eylaw secdoNer under which the petition For the Variance is made_ Section 7-3 (setbacks), : Ta,bt+� fyyrmary of jZ,ptausi0aal Reouirem�nty) seeLion 7.8 (exceptiuns) as maX be authorized under. Section 10.4 of the Zonis t; Byl- ws. •Refer to they Zoning Bylaw Denial and Plan Review Narrative form as swoled by the awiding Commissioner_ 5. Describe the Variance request: Uu,der Section 7.8.1. Zhg minimute r _Qiijj ed fron& Xard rp jkjjrk im Q rt„�, The 2ropo*gd .wjtb1ck is 8 ft. Also under 7.8_.1. the�mInUgm required side yard setback is 12 ft. The proposed setback is 7 ft. Tiro above dmwftdon atudt be void fm ft pvgMa of to 100 noow and decMan. A more dMaded desedpUon Is mgat and putswnt t4 the Zodrng Dowd RuMe and Ragadadons as died on pqp 4. --,lion 0 of NO appileadort. Failure by the applkant to deeaglbe tiro squad eletitrtp MW reeuR In a dea:Ieloe Hitt dose not addr-es the k ftM of the appkanL ?bo docklon Will be Ilmlied to the aequeg by On app cwd end win not Involve additional tisane not Inoludee ataave. Iff frim- Z'n%g Bylaw requirements: Indicate the dinwision(s) that will not (tit cu law Requirements. (Linea A and 9 are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet spaces Front Side A Side B Rear 13. Side A = soubherly (left side) Stale B - northerly (,iglu side) * - relief required JUL-18-2006 16:08 From: rout 4 Vr w To:9786889542 P.4/5 NORTH ANDOVER ZONING BOARD OF APPEALS application for a ARIAN"CE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. 1% Ft. Coverage Feet Spaces Front Side A Side 8 Rear 5,000 N/A N/A , 50 i3 A rs/A N/A N/A N/A -- 6 C. Proposed Lot(s): Lot Area Open Space Permit Lot Frontage PArlong Minimum to Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear 6 D. Required Lot (As required by zoning Bylaw 8 Table 2) Lot Area Open Spam Percent Lot Frontage parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 13 Rear 5,000 N/A N/A 50.0 2 20' 12, 12` 20' *See Section. 7.8.1 for nonconforming lot provisions 7A. Existing Building(s): GrourrJ Floor Number of Height Total Use of Number Square feet Floors Sq. NO Building' of Units" 'Reference Uses from the Zoning Bylaw 8 Table 1. "State number of units in building(s). 7B. Proposed Building(*): Ground Floor Number of Height Total L1se of Number Sure feet Floors Sq. feet Building" of units" 1,352 2 31 27.32 Regidential (sa$ fam) I `Reference Uses from the Zoning Bylaw 8 Table 1. "State number of units in buildlnq(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the officW 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 documenlation with this Application. 'rho dated Copy of this application received by the Town Chft or the Zoning Board of Appeals does not Absolve the applicant from this responsibility. The petitioner shall be responWe for alt expenses for filing and legal nr tiftcatim. Failure to comply with appticatfort requirements, as dted herd and In the Zoning Board Rules and Reguialions may I estuli in a dismissal by the Zoning Board of this application as incomplete Signature: Type above name(a) here: Mathcw Xenakis, Trustee (authorized) JLL-18-2006 07:23 From: To:97e6889542 P.3-10 Page 1 of 3 John Sntolak From: John Smolak Sent: Monday. July 17, 2006 9:58 PM To: gbrowiiplowiiofnortharidover.Cuiti Subject: Lot 15. Inglewood Street -- Request fur Confirmation of Required Zoning Relief Attachments: Plut Plea 7.17.00.pctf; ZDA Variatwa Menwranduin v,2 (JTS).DOC Hi Gerry. Following up on our meeting at 8:45 am this morning, l have made your requested changes to the proposed site plan fur the proposed single family house on a pre-existing non -conforming lot, as shown on the attached site plan. The lot is currently and has always been vacant. I will bring a copy of the plan with me for a discussion with you tomorrow (Tuesday) morning. This updated plan is attached and has been modified to show the following: e Front yard setback of 8 feet as a result of the 2 -foot overhang depicted on the plans. even though the balance of the setback is 10 feet. . Side yard of 7 feet to the southwesterly side yard as a result of a 1 -foot window overhang on that side. . A rear yard setback of 37 feet, which incorporates the 6 -foot cantilevered deck off the back of the house. o A chart which identifies dimensional requirements (Required, Existing, Proposed). . Identification of the date of the initial recoding of the Pian for Waverly West Park as May 22, 1822 as identified in Note 1 of the attached Plot Plan. Issues I have attached a memorandum in support of what 1 believe are the required variances which are for the front yard and one side yard but will summarize what I think are the pertinent issues for your confirmation. As you.know, I would need a Denial Letter so that I may file my variance petition with the ZBA, so I need to get confirmation from you on the following issues; I. The use of the Property for a single family home is permitted by right under the Zoning Bylaw. The relevant.f orting Bylaw provisions re�S_ectic n 7.3 (Setb�cl�s which refer to Tc le 2 �f thc:_Dimensfgnal R�quir�mAr�,t$ tqr tf�_e_R;�4 Di,Stri�t,�,,,ag we�1 a,$ S�C.tiQn 7:8._1_(Exceptipns for Pre existin�c lawfu,1.8-gn- rmino Lei), Since the provisions of Section 7.e.1 supersede Those identified in Section 7.3 and Table 2 because the lot is a pre-existing non -conforming lot, the required front yard setback under Section 7.8.1 governs and is 20 feet, and the required side yard under the same Section is 12 feet. 2. Lot 15 is a pre-existing lawful non -conforming lot, as evidenced by the creation of the lot by virtue of the recording of the 19_ZZ P n, and as described in Section 7.8.1, because -..the residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less arca or less frontage than above required it such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was Iaw6dly laid out and duly recorded by plan or deed prior to 7/1810)0 JUL-18-2006 07:23 From: To:9786889542 P.4/10 page Z of 3 January 9, 1957..." Moreover, there is no common owner of abutting lots such that a merger of lots could occur. 3. The lot does not Moet the front,y:ard provisions of either 7.3 and 7.4.1, and the $0—YA setback is not met on one side under the side yard setback provisions of either 7.3 and 7.8.1, although the opposite side yard setback of 16 feet complies with both Sections 7.3 (Table 2) and 7.8.1. Footnote 8 of Table 2 does not apply because the lot is a pre-existing non. conforming lot guvemed by Section 7.8.1, and Footnote 8 appears to apply to lots which othorwisc comply with dimensional requirements and which are not pre-existing lawful non- conforming lots. I do ,note, however, there are lots in the area that do have 8 feet (or less) front yard setbacks and similarly situated side yard setbacks. 4. The Property ctoes.ngt need to comply with spec is dot arca, frontagewidth, yard or depth requirements of the Zoning Bylaw since Section 6, Para. 4 of G.L. c.40A exempts the lot from the applicability of such requirements since the Property constitutes a pre-existing lawful non- conforming lot. Specifically, Section 6 of M.G.L. c.40A provides, in part, that, "Any increase in area, frontage. width, yard or depth requirements of a zoning ordinance or bylaw shall not apply to a lot for single and two-family residential o.se which at the Ume of recording or endorsement, whichever occurs sooner, was not heki in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of arca and fifty feet of frontage." See M.G.L. c. 40A, s. 6. par. 4. As a result, the Property does not need to comply with Minimum Lot Area (Section 7.1), Contiguous Buildable Area (7.1.1), Minimum Lot Width (Section 7.1.2), and Minimum Street Frontage (Section 7.2) requirements of the Zoning Bylaw. Again, l look torward to discussing the attached with you tomorrow morning. I am hoping to make a filing either late tomorrow afternoon, or first thing on Wednesday, subject to obtaining your denial letter. Thanks for your time. Regards, John John T. Smoisk, Esq. Smolak & Vaughan SLP Jefferson office Park 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 TeL 978.327.5220 (Main) Tel. 978.327.5215 (Direct) Fax 978.327.5219 E -Mail. jsmolak@SmolakVaughan.com Web Address. www.Smolak.V_ayghan.com ..................................... . IRS CIRCULAR 230 NOTICE Applicable Treasury Regulations require oral i inform you that any U.S- tax advira in this communication and any attached document is not intended or wilitP.n to be used, and cannol be used by any taxpayer for the purpose of avoidinq U.S. tax Penalties. STATEMENT OF CONROPNTIALITY /his communication is intenc9-td only Mr the usa of the individual or entity named as the address&&. It may contain information wtriclr iti pnvilttgocl enrl/nr confidential under applicable law. It you are not the intended 7/18/2(1)6 JUL-18-2006 07:24 From: To:9786889542 P.6/10 ti f y. 4& r,r p t�* O ;u z I; N �i �rMir�*i C�UzC� p xt�t In M C, OZ c ,)rJ� A y -) rn>*�0 arno O v=C 4 co'_'k $.-nmw o C) rnm�z to -< �� �aDzmz-+� V�, O rrnn m 0) NJ PO %d r1 � � r*1 M In X (7 O � A n) n's -� --r In m Vt X -i •*�mOD rOrlrin�Q T. �y gOO-NX C. .'0 ? 40 Zj t -4 !� t � c 0 00 cny)rn rnzCG l�� m r�z v Ul (>�x>QZm Z ZJ`rn- S-ai Q 7 M. O Z pnCz7n GZD{ ow r m z -4 — O c) 25 � 25 > < fntA 0r- C�t r I Org ri i i�.+t Ju f)0 ZOr- (if O rn r , p X D W ri ,> '*1 * 9 r*1 IA .a „n ..� z R Orn O a Z Mtn --I In p O O ZO'� .n 00— Q z J ln(n�V C t*t cu m ri pZ0 p Z �x-n n��l �- n o� pM z 4D r l Ill -0 ;u _ 0�C G ZrD ;u s =0'r.C) M m �zm :�i =S71V) �-nNz m,r10 C7 0 Nn` �M o cZ—i r In o m rr �rl*1 O umcc C) md:s 4 0 z rpt Z r Q -n rTl Ln n — A z ri) z0n � '-i * rn cn n z 0 z r � rn ;0 fw't Zv J C y -p < 7 Z O Z irk ; r rn� t- E• i 20:•t a 0 — c_ vl �Ln A Ln �► _-� Z* ''j rn 0 W G JIL-18-2006 07:24 From: To:9786889542 P.7/10 TOWN OF NORTH ANDOVER ZONING' BOARD OF APPEALS AITLICANVOWNER: i & M Ra,A.I.TV TRUS'T PROPEKI'V: l.Ntt LRWOOA STREET (ASSESSORS MAP ll, L07' 15) MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE 1. INTRODUCTION Thr Pctitiotca, J & M Realty -roost, is filing this petition requesting curtain dimensional. variances to allow ,fur thc construct Kill of a si.nf le family home on the currently vucant lot on inglewimil Strew, and is dcsignatcd on the Town of Norah Andover Assessor's Maps as Map 11, Lot 15. The Petitioner is sacking relief from Sections 7.3, Table 2 and 7.8.1 of the Zcming Bylaw of the North Attdovur, as amended (the " L)ning Bylaw'°). Specifically, the Petitioner is requesting approval of dimensional varianeca from Will the front yard setback and the tide yard setback on a pre-existing lawful noncunlirrming 101. II, BACKGROUND Mathew Nenakis and John Yenakis, as Trustees ol'J be M Realty 'frust (tine'Tctitiotner" or "I & M'') are the owners of a vacant parcel of land on the eastside of Inglewood Street, near tlx iaterst.ctiou of MasSauliusctts Av4nuc:. As shown nn a plan entitled "C"ertilied Plat Plan of Land, Infilewood Street, Notch Andover, MA," dated .1 kily 17, 2006, prepared by IM Aswxiates (tile ".Plot Plan"), tile. lot is approximately 5,iXu1 "quare feet (0.11 acres) in sale and is designated on the Town of North Andover Assessors Maps as Ma.p 11, Lot 15 (the "Property"). J&M acquired the: property in Januaty, 2(X15, as evidenced by a Deed dated January 28, AN)5, and recorded with the L:ssex North Registry of Deeds at Book 9321, Page. 315. A copy of the Deed is attached as Fxhihit A. The Property is located in the Residence 4 ("R 4") 7.oning District where the proposed use of the property fora one family residential dwelling is permitted by right. Rased upon the fluildinb Commissioner's denial letter, dated July 1$, 1006 (the N)cnial fetter"), the Property constitutes a preexisting, lawful nonconforming parcel. Specifically, Cine the lot was shown a` Lot .1.36 on a plan entitled "Plan, of Waverly West .Park, North Andover, Mass.," dated June 1'71 K►, and recorded with file Registry of ikcds as Plan Ni -.l. 463 oil or alvut May 22, 1922, the Prol:vrty constitutes a preexisting nonconforming lot since the lot was lawfully laid out and duly rcundcd by plan in 1922 (i.e., lot was lawfully lair) nut and thtly rcu.►rdcd by plan or deal prior to lile time at which the North Andover Zoning fiylaws were enacted which wa` .ittnu»ry 9, 1957). To the Petitioner's knowledge, the Property has always remained vacant. On or about February 23, 2(06, the Petitioner applied for a building permit to allow for the construction of a otc family resiticrtlial dwelling. On or about July 16, 2006, the Building Inspector issued a denial of the building permit (the "Denial Letter'). As the basis for denial, the JLL-18-2006 07:24 From: To:9786889542 P.8-110 Building Commissioner determined that tlu: proposed Project docs not Comply with the requirements ol'Scetion 7.3 (Setbacks), Table 21 ('fable of Dimensional Requirements) and 7,8.1 (Exceptions for Nuncunfunming ,t,,uts) of the. Zolting Bylaws.' M. DISCUSSION As noted abovo, the Petitioner is requesting; relief in the form of zoning dimensional varialicts for boib tlw trout yard stdbrack as well as a side yard setback for the westerly side of, the lot. Specifically, Suction 7.3 of the Zoning Bylaw~ require: that lots within an R-4 Zoning District comply with minimurn front, side mid real- setbacks asset forth in 'fable Thme %erback requirement~ (which iucludi: it mininium front yard ktback of 30 feet, and a minimum side yard setback of 15 feet), are modified by certain exceptions liar prc-existing lawful non- conforming lots described in Section 8.7.1 of the Zoning Bylaws. Section 8.7.1 states, in part, that: The re:identiM tot areas and frontages above required and lista! iu Tabit: 2 shall not apply in ar►y resitlelwe di Inco to any lot of less arca or less frontage than above; required if such lot by not udioinctl by cither lan(I cit the same owner, available for combination with or use in connection with such lot, provi&J shat tic applicant for a building prrmil on any ouch lot shall chow by citations from the Essex County Reg;islry ol" Meds irtcs)rtioralctl in on altt+ched lit such nitrlicatinn that such Int was lawfully laid out and (Moly rtx:nrded by plan or deed prior lot .lanuary 9, 1957 and provided that on such a kit there: shall be kohl cyn:n ;ani 11tH huib upoll it Ilont yard and a rear yard each not less than 24:► feet deep, and two :gide ytitds, each not tics than 12.. feet wide -,and further provided that such lot shall have a minimum drool fronlagu of 50 tint attd tt natninttntl lot alert of .5•,00(1 square feet, See NAZ.11, Section 8.7.1. A.<ucordingly, and although the Property qualifies us a Pre existing n0neonforl»ing lot, it kkv,, not mniply with the front yard setback and side yard setback requirements of either Scetion"/.3 (Tabid 2) or with the setback. requirements of Section 8.7.1 as they relate to ('Tont yard We also nate that the Building Commissioncr has confirmed that the Property doer not need to comply with specific kA area, frontage, width. yard or depth requiremorils •4 the 7,,otuug ti, Para. 4 tof (,.L c.40A exeuiltts the lut fnou) the applicabIilty of such tequirements -ince the Property constitute.% a pre-existing lawful non -conforming ion. Spe, ifieally. Section ti of M.G.L. c 40A providwi, iu hurt, limn: "Any inercaw in area; Ci✓omagc, width, yard or depth rcquinrnncnts of a tuning ordinance or bylaw shall not apply it) a Int for single and two family rc;idcntiai use which at the time of recording 4r endorsement, whir,.ht•ver txx urti suuncr, was not helot In ct9nn,tcnt owner%lnip with :nty adjoining; land, Conformed to then existing re.<luirenwrits and hind Ica % than Lite prttlxr.ct) neOlcment but at least live thousand square feet of area and fifty feet of tronmg;e." M.G.4 c. 40A, s. b, par. 4. Asa result, the I.tuildnng Commissioner has determined that the Property doxaa not need to comply with Minimum I of Area (Section 7.1), Contiguous Duildahlc Area (7.1.1), Minimum Lot Width (Section 7..1..). and Minimum titre+, Frontage ('Section /'2) rrryuirrme.nis of rhe' Zoning liylaw. JUL-18-2006 07:24 From: To:9786889542 P.9/10 setback (20 !boot minimum) as well as tlrc sidee, yard setback (12 font minimum) requirements. In fact, the. Petitioner is requesting; approval of an eight -toot front yard sctback where 20 feet is required, and approval of a 7 -foot setback where .12 feet is rcyuin d. We nota, however, that the requested setbacks are, generally c'onsimeni with residential lots within the general vicinity of the Prirpurty. IV. BASIS FOR VARIANCE The Petitioner's proposed vahanecs meet all of the conditions for granting of it varifrnct. The basis for the Petitioner's appeal is as li+lluws. 1. There are circumstances relating to soil contlitions, shale:, or tolxigraphy of the land or structures and esheeially affecting such land or structures but not affecting generally the. zoning district in which the property is located. In particul.ir, the following property conditions arc uoted: a. What is primarily driving the neral to reduce the front setback is the need to comply with the North Andover Wetlands Protection Regulation.s (the "Local Wetlands Regulations") which impose a 25 -filet "No Disturbance Zone" and a 50-1trot "No., Build 'Gone" extending, from the- edge of wetlands located.just heyond the rear ol'the Property but where }itch zones extend onto the Petitioner's Property. Specifically, the 511. -hoot "No -Build Gori" extends to the rear foundation lint, of the pmposed building as shown Ott the Plot Plan. Within the No-kuitd '!Zone, the i.neal Wetland Regulations state that "construction orany kind is prohibited within this Zone, including hot not limited to, foundations associatcd with single; family homes ...turd decks (i.e.. tboting. piling or sonotubc), patios, ...and shed." These conditions related to soils and related wMands are, unique to this patticulai parcel and do not generally affect the entire R 4 zoning; district. b. Moreover, there is an existing telephone pole located in the. front of the southern side ol" the Property's lot which would preclude the construction of a driveway for parking on this, side of the Property. and as a result, the propustrd dwelling was shifted southerly to acceunm0atc a driveway ol'suitabic width to the nortltenr side of the lot. The shifting of the building necessilate.s the reduction of the southern side yard sethack to 7 feet to accommodate the driveway on the northern side, of the lot, all as shown on the Plot Plan. 2. As a result of the chcunrstanu:s desetibed above which affect the Property but do not affect the zoning district in general, a literal onlonxincut of tlu. dimensional rquiretn4»ls felt the R-4 District of the. 7alning Kylaw will involve substantial hardship, financier) or otherwise, to the Petitioner. For instance, the proximity of the wetland to the rear of the lot and the 50 -foot No -Build Zone requirements under the Local Wetlands Regulations preclude the movement of the building further back from the front yard and still maintain 7 rc,asonably sized dwcdling. Similady, tlrc- location of tlrc telephone pole restricts to and from parking for thc. residence, thereby requiring the proposed icsidonce to iryrpingc ulxnr the requircJ sctback on tlrc southerly lot tine. Otherwise, to attempt. to create, a driveway JUL-18-2006 07:25 From: To:9786889542 P.10/10 poses a Safety hazard. and the significant cost of moving or placing the i;1cclrical pole or removing the pole and installing the line undcrgtound would irnposc a substantial financial hardship not only for the Petitioner, but also for any other person seeking to build a house on the Property. 1110. rulicf sought will N., ilesifable and without substantial detriment to the public' good :mei wilhoul nullifying or %uhhumnrdly derogating from the intent or purpose of the Zoning Bylaw. The construction of this single family home will enhance the aesthetics of the lot. in all respects, the proposed single family rcridence will he consistent with other lots in the ne•ighburhood without detriment to the public. Moreover, allowing the construction of the proposed residunea. will not dcrogale .fron) file intent or purlKtste of the Rylarw hecaeuse it will allow duvelopment that is consistent with and in keeping with the development of other properties in the neighborhood. The. use is a permitted use, and the appearatxx will remain mnsisfent with other single latnily homes within the neighborhood. Accordingly, for the reasons slated above, :std others that will be presented at the; hearing, the Petitioner respectfully request.~ the laming Board of Aplicals to grail Clic ruyuestud variances, and to allow the proposed construction vac a single family rewidcri". on thv Property. Respectfully submitted, J & M REALTY TRUST By its 'I torney, John T. Smolak, E.s4. SMOLAK & VAUG.HAN .LLP 820'Turnpike Sucet, Suite 203 North Andover, Massachusals 01845 Tol. (978) 327 5217 O D / os os os o D/ � ..... . : Etl CF) WMWAft W e L st Al. ..r G -A rl -•. ...:fib �S �/ ��, .` �` W � Pi- f O D / os os os o D/ � ..... . : DEED sa-0rce �a. �Pks 0 �jee S� I AVE N u C: 0 S0 N w •o w 94 30 5o /02 SO !03 So 132 S o !.33 /00 /0+ 100 109 /IQ 0 i6 /29 107 I So /00 X00 1091110 So $o les 3o !26 I S0 40 w Ld (n �a C �JD Oy^ l.-sy ac s'o 1 so 13,x' SO A 3 so 16-4 /o o goo 109 /IQ /25 /R6 So I So SO SO 40 w Ld (n �a C �JD Oy^ l.-sy ac s'o 1 so 13,x' SO A 3 so 16-4 /00.1 f 00 � 1�56 IS? 138 /60 13� /59 loo /aa lvo 141 50 142 5o so so w w in 4a 140 -- 30 /00 log 141 142 1�56 IS? so 6o so se 65 4 1 1 so 1sa so 16.61 /60' 19.E /00 a /6(Y I j l00 i w 172 1?3o tn So fo S© l0 0 172 1?30 v1 A B L i N AVM .50 SO 30 So SO 9z 0 0 so .So 0 8l ,so foo /oo 113 /ZZ s'4I s©s /4sO 9 /?! y ? �aY 0 4 1►°� S4 30 So SO 0 Se .So so ,so foo /oo 113 /ZZ s'4I s©s /4sO /dam. /?! /2.t .1/6 .1/9 X00 MY 46 . Joa 4AYVS H Ate' I Tn ��� 149 SO 13 0 143 1 4 4 1,-S4 1S5 s'4I s©s /4sO o So 10 a /OG X00 149 JUL-18-2006 07:23 From: . , A.7 14 � .f .• �� ,lt;l iii'' K.M,a�y�!�Fj,�. J.tijll�.. V.IV %f�"..1:r�?'r'i%�'2't�t's',•.-s° , �.5}i'i.r�'it��'ElniL 9'�`'•,' :5. � �.':t�s .i To:9786889542 P.5/10 n �. _ ..._ (Oi rT, t LS z i T n 0-00t � rr► I � ' PROPOSED i °' DWELLING 100 o' o 0 Ixom o •,� `� 1 m M •°4 " m ' a JUL-18-2006 16:08 From: PAGE •4 OF 4 3. WRITTEN DOCUMENTATION �pplicatlon fora Variance must be supported by a legibly written or typed memorandum setting forth in detail aft fads pelted upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional iN. uirements Mall be clearly identified and factually Supported. All points, A -F, are required to be addressed -Mth this application. A. The particular use proposed for the land or stmeture. 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 bre applicable zoning restrictions with respect, to the land or building for which the variance is sought. D. Fads relied upon to support a finding that relief sought will be desirable and without aubMantlal detriment to the public- good. E. Fads relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA .application. -10. PLAN OF LAND _ach 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 :><pp!als. A set of building elevation plans by a Registered Architect may be required when the application itvolves new construction/convemiont and/or a proposed change in use. 10-,k Major Projects :=.ir:I, Pr Ochs -ire those. 14hich involve rite of the ':►'rv4rg '.+vtether a cistinq or pe2pcsed: 5 [we 05; or more pat*.vq) swces. it) dime i3),x ircie dr -yelling uryits, ila.et of uWding sues. '' rr r't';y�! �,; .;heli �.,,�s:i,�; ch9t in .-dditt�: id'?'•<', '.�r� •ii ' �':.-�?t1.t1'?S �h'!1• �l!9 �ilsif» ::il���r. •'!�};�c(f�d ►.ILitlt:'B9..�: S, To:9786889542 P.5/5 VARIANCE *10.0. 'Plein :Spec-rMtIons: 1) Size of plan: Tan (10) paper copies of :a plan not to exceed 11"x17', preferred scale of V=4W 11) One 11) Millar,with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. 1111) Plan sh3li be prepared, stamped -and certified by a Registered Profesional land Surveyor. Please note that plans by* Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. •10 C. 'Requilred Features On Plan: 0 Site Orientation shall include: 1. north point Z zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of properly, within 300' radius S. locations of buildings on adjacent properties ,y{gt SW from applicants imposed structure 7. deed restrictions, easements. -0) legend a Graphic Aids shall include: 1. Proposed features in solid lines it outtined in red 2. Existing features td be removed in dashed lines 3. Graphic scales 4. Date of Plan 5. Tate of Plan 6. Nantes Wdresses and phone numbers of the applicant, owner or record, and Iand 3urv4eyor. T. locus 10 D. WNW Projects Minor projects, such as decks, shreds, and garages, shall require only the plan information as indicated with an. asterisk ('). In some cases turther inform cion may be required. -11. APPLICATION FILING FEES 11. A Notification fees: AFplicant shall provide a check or money order to: -Town of North ,1%ndover - 0022-17600841' for the cost of first class, certified, return receipt (84.64 as of January 2006) x # of all parties in interest identified in MGL.A cr. 40A .111 on the abutters list for the legal notice check. Also, the appkant shall supply first class postage clamps !currently 39¢) x the # of parties of interest zn the abutter's list for rhe decision malting. 11.6. filing L abels: Applicant shall provide jour ts) 'mss of mailing labels sho :ager tnan 1'x2 -5r8" ;3 c;p.es `or the L J. 81, Ind •:rte .hOpy for the Or,Cisk%n -mill rg) 11. C. ';de 2015 "Irbr;ed F" a 17tlt'edvie. L%- A'l•,lrianue fine granted by'he 7.0.1% •:'I . •)p.e ,n 1 'ore) ,rear if s:ot ,�.-@wwized -P4 •.i nu-,ty : dtirn -ne.•.Nt 1e submined. •4 JUL-18-2806 16:08 From: To:9786889542 P.2/5 r TOWN OF NORTH ANDOVER VARMKE ZONING BOARD OF APPEALS MM • J&H Realty Trusit, jna1i4wuud,5-tr gr, Ma; I r - Lot is ADDRES�APPEAL: Town ctftfk Tint $t" Procedure & Requirements for an Application for a Variance Ten (10) Copies of the following information must be submitted thirty (,W day$ prior to the first pui lio hearing, Failure to submit the required inf+ortmation within the time periods prescriCed may resuR In a dismissal by the 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 laaWoasrvwill_compiete items:_ STEP 1: AONIINiSTRATOR PERNIrr DMIAL- The petitioner applies for a Building Permit and receivers a Zoning Bylaw Daniel form completed by the Building Commissioner. STEP 2: VARIANCE AftUg&WH FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All inforrnatlon as required in items 1 through and including 11 shall be completed. STEP I: PLM PREPARATION• Petitioner submits all of the required plan information as Wed in page 4, section 10 of this form. `STEP 4: OBTAIN M OF PARTIES ILII INTEOEST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). -�J&P 5:_SUBNDT APPLI_ C _ MON• Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's ufr" to be certified by the Town Clerk with the time vid date of filing. The original will be left at the Town ''erk's Office, and the 10 Xerox copies will be left with ~a Zoning '?oard of Appeals secretary. MPORTAJNT PONE NUMBERS: +" 715-39,80533 1trwa of Community !-l9v. & ;'ervices 1ky00 Osgood Street. :larth Andover, MA O1 R45 3-r.: a -?R 32 'ax for C ,ntrnwtity Ceve!opm,4rit �. ices 3'S f!"18- ?F,-* 3%ilding Cepartment �'ir a8=�5i1 ?-inir•g .3oard of Appeals c:fRce STEP 5: SCHEDUUNO OF NEARING 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 pubikation in the newspaper. The petitioner is notified that the !egad notice has been prepared and the Cost of the Party in interest fee. STEP 7: DELIVERY OF LgM NO_TiC�TO NEWSPAPER The petitioner picks up the legal notice from the Once of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC NEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear In hisiher behalf, or be represented by an agent or atlemey. In the absence of any appearance without dud Cause on behalf Of the petition, the Boafd shall decide on the matter by using the information it has rived to date. STEP 9: DECISION: After the heering..a copy of the Board's decision will to 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 (ZO) days after the decision is Mod with the Town Cleric. STEP 10: RECORDING THE DECISIOhI AND PLANS_ The petitioner Is responsible for recording certification of the decision. the Mylar, and any accompanying plans at the Essex County, North Registry of geed$. 'Mi Common St., Lawrence MA, and shall romptete the Certification of Recording form and fofwand it to the Zoning Board of Appeals and to the Building Department. North Andover Town Hall i 20 Main Street 378688.6501 Te no Ciar1c's offl.;e 9718-688.9M6 AssessoPs r"fftce JUL.-18-2006 14:01 From: To:9766889542 P.2/3 Pave 1 of 2 John Smolak From: John Smolak Sent: Tuesday, July 18, 200612:35 PM To: 'Glennon, Michel' Cc:`rpellegrini@smolakvatighan.com' Subject: J &. M Realty Trust, Inglewood Street -- Building Commi3sioner's Denial Letter, Hi Mich. in order to complete the variance filling, we would need to know when Gerry could issue the denial letter. I would think that he has the into he needs to issue [tie determination, but it needs additional into, I could provide him with the same. Owner/Petitiaher J & M Realty Trust Property: Inglewood Street (Assessor's Map 11, Lot 15) Dred: Dated January 28, 2005, and recorded with Essex North Registry of Deeds at Book AW 1, Page 315 As noted in my memo in support of the variance petition, (a) the required relief is requested under 7.0 (Setbacks), Table 2 of Dimensional Requirements, and 7.8.1 (Exceptions for rtonctoriforining lots); (b) request is for 8 foot front yard setback where 20 tent is required, and 7 foot side setback where 12 feet is required. (c) Consistent with my discusSion.s with him this morning. I would flops that tie would confirm in the letter or somehow rover the following: We also note that the Building Commissioner hes confirmed that the Property docs not recd to conitrly with spccifie 10113M, frontap;e, width, yard or depth mquitemeals of the Zoning Bylaw since Section 6, Para. 4 of G.L. c.40A exempts the lot !'font the al►plicability of suLh requirements since the Property constilutas a pre-existing lawful non. conformine. lot. Slit -'(44,4111y, Suatiw.,n 6of M.G.L. c•.40A provides, in part, that - "Any incrcacr. in arra, frontage, width, yard or depth requirements M' a zoning ordinance or bylaw shall not upply to a lot liar xingle,, and two-family residential use which at the. time 4f recording or endorsement, whichever e cors wwncr, was not held in c;immon ownership with any adjoining' land, c:omformcd to then existing rcquircntcnik field had Ics% than the proposed requirement but at least five thousand syuure feet ofarea and fifty feet of frontal s." tics M.G.L. c. 40A, s. 6, peer. 4. As a result, the Building t immissioner has determined that the Property does not need to comply with Minf nurn Lot Area (Section 7. 1), ronligoom liuiki<ihie Area ('/.1.1), Minimum Lot Width (Section 7.1..1), and Mininuort Sh4et Frosmige. ($cation 7.2) requirement,,, of the i.,oning Bylaw. ISI Thanks for your help. 1 can he reached at 978-327-5215 if you have. any questions. Thanks for your help. Regards, John. John T. Smolak Esq. 7/18/2006 JUL-18-22006 14:01 From: To:9786889542 FACSIMLE TRANSMITTAL SHEET SMOI.AK & VAUGHAN LLP JEFFERSON OFFICE PARK 820 TURNPIKE STRFF,,T, SItiTF. 203 NORTH ANDOVER, MA 01845 MAIN N[1MBER: (978) 327-5220 FAX NUMBER: (978)327-5219 FROM: John T. Sinolak, Eiq. CLIENT #: DATE: July 18,24H)6 M)VrFER #: NUMBER OF PAGES SENT (including Cover Sheet): P.1-13 ... ... �:.. ,. _-.i'L••ti.:i::Sr �Y) Ai. Y uCiA ,.yyA.j.Tri�YF,' `nRM w �~ : '''' S.'::i ...•: ...':r.:':: .. . .. Air NOM;RiyR. ... .. ;, .... 7.7-k, MAiN,:NIlMI3F,R Gerry Brown, (978) 6$8-9545 Building Town of North (978) 688-9542 commissioned Mich Andover Clcimon. Z13A COMMENTS: INGLEWOOD STREET Plew;e ,ee the attached regarding the Denial letter. I can he reached at 978-327-5215 should you have any questions. Thanks for your help. Regards, John IF YOU EXftK)•,ENCb ANY PROBLEMS W1'i'M THIS TRANSMISSION OR VO NOT RECEIVE ALL PAGES, PLEASE CALL (978) 327 -522U - Thi. Idix- Opy is allow.y.clie.nt privileged and wntains confidential information intended only fnr the. person(s) named above. `Any other distribution, copying or disclosure is strictly prohibited. if you have received this telccopy iil esriir, pl4^w, notify w,, immr-tCaloly by tolophune and return tha original trmurnissn.m to us by mail witlwut making a copy. JUL-18-2006 14:01 From: Smolak & Vaughan LLP Jefferson Office Park 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 Tel. 978.327.5220 (Main) To/. 978.327.5215 (Direct) Fax 978.327.5219 E -Mail. jsmptak.(�Smo/akVaughan.com Web Address; www.SrttpiakVeughen.com 7/18/2(x)h To:9786889542 P.3/3 Page 2 of. 2 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 l Reference C-2 &C-4 A Variance is required from the requirements of section 7.3 &Table 2 for the front & right side setbacks on the proposed single family dwelling, and from the requirements for front & side setbacks of 7.8.1 for lawfully laid out and duly recorded prior to January 9, 1957 lots.. 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Remarks: 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 918.688.9542 Web www.townofnorthandover.com e Zoning Bylaw Review Form A Town Of North Andover ` Bu ,�,..,;•.--; aIlding Department 1600 Osgood Street, Building 20, Suite 2-32 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: Inglewood Street Ma /Lot: 11115 Applicant: Matthew Xenakis Request: Construct single family dwelling Date: 7-18-06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Remedy for the above is checked below. Item # S ecial Permits Planning Board Item Notes -# C-2, Setback Variance C-4 Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly H using Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies Other 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 1 4 Insufficient Information B Use 5 1 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback Fi I Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient X 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed Sign 3 Lot prior to 10/24/94 1 not allowed 4 Zone to be Determined 2 -Sign Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review re uired 1 More Parkin Required 2 Not in district X 2 Parking Complies 3 Insufficient Information Remedy for the above is checked below. Item # S ecial Permits Planning Board Item Variance Site Plan Review Special Permit -# C-2, Setback Variance C-4 Access other than Frontage Special Permit Parkinq Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Hei ht Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly H using Special Permit Special Permit Non-ConformingUse ZBA Lar a 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 S ecial 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 file. You must fit ew building permit application form and begin the permitting process. o Building Uepartment Offici Signature nature Application Received licafon Denied Denial Sent :____ If Faxed Phone Number/Date 000ZjPNanmel.(8'.unio7 ld34 JNimine Ja410 uoissiwwo0 leouolslH buluueld s�joM ollgnd to luawile a(l uoilmesuoo pJe08 6uluoz X aopod glleaH aiid :ol paija;aa s101 L561 `6 iicnnun f of ioud papioaa.c Slnp pun )no pfrl Sllnjmnl 103 1'8'L J0 gmglas apis 7y1uo.g ao3 s;uawalinbw aql uioa} pun "Suilia,tiy Xpwe3 a ftis pasodocd aql uo sxonglas apis lgiu y luog aql l03 aigr..� L uoilaas }o sluauia.nnhar aql uiog paambai si aaunurA V tl-J-Iy Z -J aouaialaa Wa;l wJOA aouejejoa nnelAS'g leluaa aolti suoseatl nnalnaa :apls asJanaJ all uo paleolpul Aliadoid all jol llwjad 6wpinq all jol leluap jol suoseai all uleldxa jalunl of papinoid sl anllejjeu 6ulnnollol all anl;eaaeN nnalnab ueld PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items 1I-10 below: 1. Petitioner: *Name, *Address and telephone,number: _ Qdd�ais• - , *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: ownershi 74A Name, Address, telephone number, and number of years under this Years Owned Land: f- 0 3. Location of Property: r a. Street: W J �'�� Zoning District: b. Assessors: Map mber:. // Lot Number: / c. Registry of Deeds: Book Number: 932/ i___Page Number: 4. Zon' ons under which a petition for the Variance is made. imuscf�ct is � 0 rS c� I& / - y a uio r ostc�s�ba �s Zonin B law Denial an Plan Review Narrative form as supplied by a Commissioner. 6. Describe.the Variance request: The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result In a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear A,. % 3. / B. % 90OZ/SZ/L Z 3O Z 0873d J & M Realty Trust 701 Salem Street N. Andover, MA 01845 978-974-0900 July 25, 2006 Ellen McIntyre, Chair Zoning Board of Appeals Town of North Andover 400 Osgood Street North Andover, Massachusetts 01845 RE: Application for Variance Property: Inglewood Street (Assessors Map 11, Lot 14) Owner/ Applicant: T & M Realty Trust Dear Chairperson McIntyre: I (We), the undersigned, being abutters or neighbors to the above referenced property, understand that J & M Realty Trust intends to construct a single family residential home on the property as shown on the site plans attached to this letter. We have been made aware of the variance hearing scheduled for August 10, 2006, at 7:30 PM. I (We) do hereby support the petitioner's variance application, as we believe the project proposes a home which is consistent with other homes in the neighborhood and will not be a detriment to the public. Sincerely, Name Address r m1n �'Sl 3 2006 BUMF'["; 01" APPEALS I0 J & M Realty Trust 701 Salem Street N. Andover, MA 01845 978-974-0900 July 25, 2006 Ellen McIntyre, Chair Zoning Board of Appeals Town of North Andover 400 Osgood Street North Andover, Massachusetts 01845 RE: Application for Variance Property: Inglewood Street (Assessors Map 11, Lot 14) Owner/Applicant: T & M Realty Trust Dear Chairperson McIntyre: I (We), the undersigned, being abutters or neighbors to the above referenced property, understand that J & M Realty Trust intends to construct a single family residential home on the property as shown on the site plans attached to this letter. We have been made aware of the variance hearing scheduled for August 10, 2006, at 7:30 PM. I (We) do hereby support the petitioner's variance application, as we believe the project proposes a home which is consistent with other homes in the neighborhood and will not be a detriment to the public. Sincerely, Name1 0� Address AUG g 2006 BOARD Or APPEALS 7 Z MAIL l cy PSV 4/1 9W6<1 cz- inya-gls Cn c r/ 4utwtr 5 ft5 i v�a� eM q 6 LIA-✓ -) Sir 4 SEE PLAT N0.9 PA DnT T . s J Y00 STREET DtWEY ST. WILLIAM I ST. J & M Realty Trust 701 Salem Street N. Andover, MA 01845 978-974-0900 July 25, 2006 Ellen McIntyre, Chair Zoning Board of Appeals Town of North Andover 400 Osgood Street North Andover, Massachusetts 01845 RE: Application for Variance Property: Inglewood Street (Assessors Map 11, Lot 14) Owner/Applicant: T & M Realty Trust Dear Chairperson McIntyre: I (We), the undersigned, being abutters or neighbors to the above referenced property, understand that J & M Realty Trust intends to construct a single family residential home on the property as shown on the site plans attached to this letter. We have been made aware of the variance hearing scheduled for August 10, 2006, at 7:30 PM. I (We) do hereby support the petitioner's variance application, as we believe the project proposes a home which is consistent with other homes in the neighborhood and will not be a detriment to the public. Sincerely, Name Address i Au 111111 11111 1. 1� Ag .r _ -�. p AUG 8 2006 0 PD OF APPEALS 1t - J & M Realty Trust 701 Salem Street N. Andover, MA 01845 978-974-0900 July 25, 2006 Ellen McIntyre, Chair Zoning Board of Appeals Town of North Andover 400 Osgood Street North Andover, Massachusetts 01845 RE: Application for Variance Property: Inglewood Street (Assessors Map 11, Lot 14) Owner/ Applicant: T & M Realty Trust Dear Chairperson McIntyre: I (We), the undersigned, being abutters or neighbors to the above referenced property, understand that J & M Realty Trust intends to construct a single family residential' home on the property as shown on the site plans attached to this letter. We have been made aware of the variance hearing scheduled for August 10, 2006, at 7:30 PM. I (We) do hereby support the petitioner's variance application, as we believe the project proposes a home which is consistent with other homes in the neighborhood and will not be a detriment to the public. Sincerely, Name Address MA IN illill= 10fly AUG 8 2006 BOARD OF APPEALS S MOLAK & VAUGHAN ATTORNEYS AT LAW Via Regular Mail Michelle Glennon, Clerk North Andover Zoning Board of Appeals 1600 Osgood Street North Andover, MA 01845 RE: Authorization Letter Dear Mich: Robert R. Pellegrini T: 978-327-5570 1 F: 978-327-5219 rpellegrini@smolakvaughan.com July 25, 2006 Enclosed please find the Authorization Letter with original signature, as requested. Thank you. V ly Yours ZA Obert R. Pell grim, r. Of Counsel Enclosure DE CIN DIE ,JUL 3 12006 Jefferson Office Park, 820 Turnpike Street, Suite 203, North Andover, MA 01845 13()ARD OF APPEALS WWW.SMOLAKVAUGHAN.COM J UL-17-C%]M 10:1b r r om: SMQLAK _&V_A_UGH_AN J ATT0PthE IVS A'�a. Nora Andover Zomig Board of Appeals 1600 Osgood stmt North Andover, MA U 1845 Re: J & M Realty Trust Inglewood Street Assessor's Map 11, Lot I S To Whom It May Contain: 10:715it(7(4tw4to July 1, 2W6 Rubert R. Fellegrin, 1 016.12).,,901 �11k-s�.•,1�a (tIC�ICr(/�� I7'�i11t1Ib� vy(N�`btd � ��it� J & M Realty Tnut, with a usual place of business at 701 Salem Street in North Andover, Mamachusctts( dues hereby authorize the law Jinn orStnulak & Vaugban LLP to apply for and represent J & M Realty frust in tiling of any applications Cor required permits and/or approvals for the o struction of a residential hones located on Irglewond Street, in N4 orth Andover, Massachusetts, including, but not limited to, appearing before any governmental abcnc'y at general routings or public hearings addreming such construetion/improvetneat locates! them. J & M Realty Trust xoqovxoe�< Mathew Xrnakis, ra.Ntee (awthorized) JeMrs(ln t)Itiet POt'9t. 820 Turnpike Street, Suite 2M North Andover. MA 01845 WW W,jMULAKVAtJGHAN.COM tOLAK & VAUGHAN Tr tra�r ryi`r Robert R. Pellegrino 10 �+ �� � . ,» T:i9F:8-327-5570 I F: 978-327-5219 rpeflegrini �c—i;.smolakvaughan.com pCS LLUU 4�� ( l ! i: n JJuly 18 2006 / By Hand Joyce Bradshaw, Town Clerk Town of North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 RE: Application for Variance Property: Inglewood Street (Assessors Map 11, Lot 14) Owner/Applicant: T & M Realty Trust Dear Ms. Bradshaw: On .behalf of the Petitioner, J & M Realty Trust, enclosed for filing with the Town Clerk and Zoning Board of Appeals are one (1) original and ten (10) copies of the Application Variance, Memorandum in Support of Petition for Variance, and accompanying Site Plans. Also enclosed are checks payable to the Town of North Andover in the amount of $150.00, representing the filing fee, and $167.04 to cover the cost of certified abutter notices, together with 36 stamps for mailing the Board's decision to abutters. Please date -stamp the duplicate copy of this letter and return the same to me. Thank you for your assistance with this matter, and please feel free to contact my office with any further questions or concerns. Serely, 11hn T. Smolak cc: J&M Realty Trust John F. McQuilkin, Jr., JM Associates Jefferson Office Park, 820 Turnpike Street, Suite 203, North Andover, MA 01845 VVWW.SMOL,AKVAUGHAN.COM ', • / !�'ff � • int-, l 1t} i TOWN OF NORTH ANDOVER VARIAN'r31 ZONING BOARD OF APPEALS 206 JU 19 Pik 1:29 _NAME: J&M Realty Trust, Inglewood street,_ ma; 11 . Lot 1 - ADDRESS OF APPEAL: _ T i.' ' 6 Town cierk Time Stamp Vii' T H: ^ E«r-,. ,s� MASSMi-1 U.S"E Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Board of an application as The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 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 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 _ '- a Zoning '3oard of Appeals secretary. APORTANT PHONE NUMBERS: +78-688- 3533 .ffice of Community Dev. & 13en ices 1600 Osgood Street, `forth Andover, MA 01845 ..73-08-0542 ` x for Community De-relopment ^rfices 373-F48-_'3545 3kiilding Cepartment ?''8--x':98-95.41 Toning Soard of ,appeals rffice STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a -hearing dateand 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 T14E ZONING BOARD OF APPEALS: The petitioner should appe4r 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 8: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 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. North Andover Town Hall '120 Main Street 378-688-9501 Town Clerk's office 978-688-GO466 ;assessor's Office PAGE 9 cif 4 PAGE 2 OF 4,,,, ,,. NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items 1 -10 below: 1. Petitioner: *Name; *Address and telephone number: Hatnew Xenakis,.Trustee J&M Realty Trust 701, Salem Street. N. Andover, MA 01845 97R-974—rign1 "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: J&M Realty Trust 701 Salem Street, N. Andover, MA 01845 978-974-0900 Years Owned Land: i+ 3. Location of Property: a. Street: Inglewood Street Zoning DiitriCt: R-4 b. Assessors: Map number:.-, 11 Lot Number: 15 c. Registry of Deeds: Book Number: 9321 Page Number: 315 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7.3 (setbacks):.:Table 2 (Summary of Dimensional Requirements): Section 7.8 (exceptions) ns may be 'authorized under Section 10.4 of -the Zoningg Bylaws. "Refer to the Zoning eylavr Denial and Plan Review, Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request:, Under Sect ion'7:8:1. the minimum required front yard setback is 20 ft The proposed setback. is 8 ft. Also under 7.8".1, the minimum required side yard. setback is 12 ft. The proposed setback is 7 ft. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not Included above:: . 6 A. Differehce from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines"A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. I. % 12 t 5 B- % Side A = soub.herly (left side) Side B = northerly (right side) rayG � v� •r 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 5,000 N/A N/A 50 N A N/A N/A N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 5,000 .&N/A N/A 50 2 Minimum Lot Setback Front Side A Side B 8 16 7 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 Front 5,000 N/A N/A 50.0 2 20' *See Section 7.8.1 for nonconforming lot provisions 7A. Existing Building(s): Ground Floor Number of Height Total Use of Square feet Floors Sq. feet Building" N A *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s), 7B. Proposed Building(s): Ground Floor Number of Height Square feet Floors 1,352 2 35' Rear 37 Minimum Lot Setback . Side A Side B Rear 12' 12' 20' Number of Units"* Total Use of Number Sq. feet Building* of Units" 2132 Residential (single fam) 1 *Reference Uses from the Zoning Bylaw & Table 1 "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. J lt Tr Signature: �,,�2Ar4_ Type above name(s) here: Mathew Xenakis, Trustee (authorized) PAGE 4 OF 4 3. 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 =ach 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 t.nvolves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects " njar projects are those, ,,vhich involve one of the =c111c,ovirg whether existing or proposed: a) five (5) or rnore harking spaces, (1) throe (3) or mcie 4wellirg units, '11) 2,000 suare feet of building :afpa. :.:ajor �'rojects ;si all •aq�si; e, ;.fiat in ,: ddition o -. ae (,Is �� ieotUres. T.9t t'he plans �3how retailed utilities. :3cils _tA t,,pcgr)phic E,fc'rmation. . VARIANCE *10..B. 'Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan rot to exceed 11 'x17', preferred scale of 1 "=40' H) One (1) Mylar, With one block for Registry Use Only, and one block for five (5) ZBA signatures & date. IM Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans bya Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: Q Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. H) Legend & Graphic Aids shall include: 1. Proposed, features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and land surveyor. 7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, 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 - 4022-1760-4841" for the cost of first class, certified, return receipt ($4.64 as of January 2006) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 39¢) x the # of parties of interest on the :abutter's list for the decision mailing. 11.9. Mailing labels: Applicant shall provide `our (4) Nets of mailing I:ibels no larger than 1",(2-518" (3 copies for the Ugal, and �,,ne copy for tt.e Cecision mailing). 'i1. C. gee �Or?5 revised Fae ched��ie .* A Variance once granted by the ;ZSA -411 €:3pse s,n I ;ore) 'year if ;lot; xerrlsed :grad .i new 7-,otition :xi!s:3t ae submitted. -4 4' OLAK & X11 AUGHAN � Robert R. Pellegrini T: 978-327-5570 ; F: 978-327-5219 s T 10 11. i-, E `' f L A 'fix - 1 rpeliegrini2smolakvaughan.com FICE U I * 30 July 18, 2006 i i I,tif6`.. ER r f TS s ^i By Hand Joyce Bradshaw, Town Clerk Town of North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 RE: Application for Variance Property: Inglewood Street (Assessors Map 11, Lot 14) Owner/ Applicant: T & M Realty Trust Dear Ms. Bradshaw: On behalf of the Petitioner, J & M Realty Trust, enclosed for filing with the Town Clerk and Zoning Board of Appeals are one (1) original and ten (10) copies of the Application Variance, Memorandum in Support of Petition for Variance; and accompanying Site Plans. Also enclosed are checks payable to the Town of North Andover in the amount of $150.00, representing the filing fee, and $167.04 to cover the cost of certified abutter notices, together with 36 stamps for mailing the Board's decision to abutters. Please date -stamp the duplicate copy of this letter and return the same to me. Thank you for your assistance with this matter, and please feel free to contact my office with any further questions or concerns. Sincerely, ohn T. Smolak cc: J&M Realty Trust John F. McQuilkin, Jr., JM Associates Jefferson Office Park, 820 Turnpike Street, Suite 203, North Andover, MA 01845 WWW.SMOLAKVAUCHAN.COM ' TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS P-7 r,r3 1Ftn VARIAN` 2V6 JUvt 19 Pfl 1: 3 NAME: J&M Realty Trust, Inglewood Street Map 11. Lot 15 R ADDRESS OF APPEAL: = Towierk Time Star+p A'o Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Board of an application as i The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to I 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 irl Interest (sfbufters). 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 :md date of filing. The original will be left at the Town f"! -:ark's Office, and the 10 Xerox copies will be left with a Zoning 3oard of Appeals secretary. MPORTANT QIVE NUMBERS: ?78-30-8-4533 30.8-4533 � office of Community Dev. & "w(ar�.rices 116OO Osgood Street, . :forth Ar.dover, MA 01845 42 -=x for Community De eltopm?nt cEfices luilding Cepartment 7onirl 3oard of •9pp"als C'ffFce 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 dud 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 Cleric, STEP 10: RECORDING THE DECISION AND PLAN . The petitioner is responsible for recording certification of 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. Noiith Andover Tern Hall ! 20 Porlain ,vtreet 978-683-9501 T -Mn C: iark's sfice 978-688-9v-66 ,*4ssessar's Cftice PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Aa thew Xenakis, Trustee J&M Realty Trust 701; Salem Street id Andover. MA 01845 978-974-noOn *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: J&M Realty Trust 701 Salem Street, N. Andover, MA 01845 978-974-0900 Years Owned Land: 1+ 3. Location of Property: a. Street: Inglewood Street Zoning District: R-4 b. Assessors: Map number:.11 Lot Number: 15 c. Registry of Deeds: Book Number: 9321 Page Number: 315 A. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7.3 (setbacks): Table 2 (Summary of Dimensional Requirements): Section 7.8 (exceptions) as may be authorized under Section 10.4 of the Zoning Bylaws. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner 5. Describe the Variance request: Under Section 7.8.1. the minimum required front yard setback is 20 ft. The proposed setback is 8 ft. Also under 7.8.1, the minimum required side yard setback is 12 ft. The proposed setback is 7 ft. The above description shall he used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % 1 5 P3. % Side A = soub.herly (left side) Side B = northerly (right side) rage j or 4 1. NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 5,000 N/A N/A 50 N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 5,000 N/A N/A 50 2 Minimum Lot Setback Front Side A Side B Rear N/A N/A N/A N/A Minimum Lot Setback Front Side A Side B Rear 8 16 7 37 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5,000 N/A N/A 50.0 2 20' 12' 12' 20' *See Section 7.8.1 for nonconforming lot provisions 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units"* N/A `Reference Uses from the Zoning Bylaw & Table 1. *"State number of units in building(s). 713. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units*" 1,352 2 35' 2132 Residential (sin 1 - gam_ f a m) 1 *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited 'herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. ,. ^ &�,M R�� l t y T r s Type above name(s) here: Mathew Xenakis, Trustee (authorized) Jug. 18 06 03:29p NORTH ANDOVER 9786889542 p.2 ` Zoning Bylaw Review Form (� Town Of North Andover Building Department 1600 Osgood Street, Building 20, Suite 2-32 North Andover, MA. 01845 Phone 978-688.9545 Fax 978-888-9542 11115 Date' 17.15-t)6 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: E I Historic District f( ranting 1 In District review reqLAred f More Parking Required 2 Not in oistrict X 2 Parking Complies 3 1 insifffcient Information Parkinc 'dadance Frcntace Exception Lot Special Permit PRi nP(IV fnr tha ahnvn ie rha�lrari holnw_ Item a3 Special Permits Planning Board Item # Variance Sate Plan Review Special Permit C-2, C-4 Setback Variance Access other than Frontage Special Permit Parkinc 'dadance Frcntace Exception Lot Special Permit Lot Area Variance Cormmor, Drivewa Special Permit Height Variance Concireclate Housing Special Permit Variance for Sion Continuing Care Retirament Special Permit §pecial Permits Zoning Board Inde22nderitEIder,yHousiniq Special permit Special Permit Non -Conforming Use ZBA ..Large Estate Condo Special Permit Eartn Removal Special Permit ZBA Planned Develo ent District S ectal Permit Special Permit Use not Listed but Similar Planned Residential Special Permit SDecial Permit for Sign R-6 Dens S tial Permit Evill 21her shr;d S ial Permit SL o Additional lnformdlion The :AtOve review and attached expianation of such is based of% the plans ano information subndted. Nd definitive laroiw,v,md or aevca shall to based on verbal explanations by the applicant nrr shall sum venal ettplar aeons by the applicant erje to pr -vide defirntive arswefs to the above ransons for DENIAL. Any ;naccuraaes. m.;aeading .nlermadon or other subsequent changes to the informador suomitted by It --e applicant shall to gourds for this rry ev, to ae votdcd at the discretion of the Building Depar.ment. The attached document tilled Plan Review Narrative' shall be attached hereto and incoraorated herein by reference. The budrtirg department vvll retain all plans and documentation for the , bore Gle. You must file mew building perrrrt applicaion !crm and twin the permitting process. Building Cepariment Officidl Signature Appfication Received A;Vizir to on Denied Dental Se -it: If; --:axed Phone NumberlDate: JUL-18-2006 04:00PM From: 9786889542 ID: — �- Pa9e:002 R=94% Jvl 18 06 03:29p NORTH ANDOVER 9786889542 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 C-1- &C4 A Variance is required from the requirements of seetion 73 &Table 2 fru the front & right side setbacks on the proposed angle family du-cll ing. and from the requirements for front & side setbacks of 7.8.1 for lawfully 1 aid out and duly recorded prior to Januan, 9, 195 7 lots.. Referred To - Fire I Health Police X Zoning Scard 0onservalion Deaartment of Public Woks Planning Historical Commission Othe BU1LDnvG DEPT Zon i ngByl awpeniaL'UUO JUL-18-2006 04:01PM From: 9786889542 ID: p.3 Page:003 R=94% TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT/OWNER: J & M REALTY TRUST PROPERTY: INGLEWOOD STREET (ASSESSORS MAP 11, LOT 15) MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE 1. INTRODUCTION The Petitioner, J & M Realty Trust, is requesting certain dimensional variances to allow for the construction of a single family home on a currently vacant lot on Inglewood Street. Specifically, the Petitioner is seeking relief from Sections 7.3, Table 2 and 7.8.1 of the Zoning Bylaw of the Town of North Andover, as amended (the "Zoning Bylaw") in the form of dimensional variances from both the front yard setback and the side yard setback on a pre- existing lawful nonconforming lot. II. BACKGROUND Mathew Xenakis and John Xenakis, as Trustees of J & M Realty Trust (the "Petitioner" or "J & M") are the owners of a vacant parcel of land on the east side of Inglewood Street near the intersection of Massachusetts Avenue. The lot is shown on a plan entitled "Certified Plot Plan of Land, Inglewood Street, North Andover, MA," dated July 17, 2006, prepared by JM Associates (the "Plot Plan"), and is approximately 5,000 square feet (0.11 acres) in size (the "Property"). The Property is designated on the Town of North Andover Assessors Maps as Map 11, Lot 15. J&M acquired the Property in January, 2005, as evidenced by a Deed, dated January 28, 2005, and recorded with the Essex North Registry of Deeds at Book 9321, Page 315. A copy of the Deed is attached as Exhibit A. The Property is located in the Residence 4 ("R-4") Zoning District where the proposed use of the Property for a single family residential dwelling is permitted by right. Based upon the Building Commissioner's denial letter, dated July 18, 2006 (the "Denial Letter"), the Property constitutes a preexisting, lawful nonconforming lot. Specifically, the Property constitutes a preexisting lawful nonconforming lot since the lot was lawfully laid out as Lot 136 on a plan entitled "Plan of Waverly West Park, North Andover, Mass.," dated June 1906, and recorded with the Registry of Deeds as Plan No. 463 on May 22, 1922 prior to the time at which the North Andover Zoning Bylaws were enacted which was January 9, 1957. To the Petitioner's knowledge, the Property has always remained vacant. The Petitioner applied for a building permit to allow for the construction of a single family residential dwelling. On or about July 16, 2006, the Building Inspector issued a denial of the building permit (the "Denial Letter"). As the basis for denial, the Building Commissioner determined that the proposed Project does not comply with the requirements of Section 7.3 (Setbacks), Table 2 (Table of Dimensional Requirements) and 7.8.1 (Exceptions for Nonconforming Lots) of the Zoning Bylaws! III. DISCUSSION As noted above, the Petitioner is requesting relief in the form of zoning dimensional variances for both the front yard setback as well as the side yard setback for the westerly side of the lot. Specifically, Section 7.3 of the Zoning Bylaws requires that lots within an R-4 Zoning District comply with minimum front, side and rear setbacks as set forth in Table 2 ("Summary of Dimensional Requirements"). Those setback requirements (which include a minimum front yard setback of 30 feet, and a minimum side yard setback of 15 feet), are modified by certain exceptions for pre-existing lawful non -conforming lots described in Section 8.7.1 of the Zoning Bylaws. Section 8.7.1 states, in part, that: The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. See Zoning Bylaws, Section 8.7.1. Accordingly, and although the Property qualifies as a pre-existing nonconforming lot, it does not comply with either Section 7.3 (Table 2) or Section 7.8.1 as they relate to front yard setback (20 foot minimum) as well as the side yard setback (12 foot minimum) requirements. In We also note that the Building Commissioner has confirmed that the Property does not need to comply with specific lot area, frontage, width, yard or depth requirements of the Zoning Bylaw since Section 6, Para. 4 of G.L. c.40A exempts the lot from the applicability of such requirements as the Property constitutes a pre-existing lawful non -conforming lot. Specifically, Section 6 of M.G.L. c.40A provides, in part, that: "Any increase in area, frontage, width, yard or depth requirements of a zoning ordinance or bylaw shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage." See M.G.L. c. 40A, s. 6, par. 4. As a result, the Building Commissioner has determined that the Property does not need to comply with Minimum Lot Area (Section 7.1), Contiguous Buildable Area (7.1.1), Minimum Lot Width (Section 7.1.2), and Minimum Street Frontage (Section 7.2) requirements of the Zoning Bylaw. fact, the Petitioner is requesting approval of an eight -foot front yard setback where 20 feet is required, and approval of a 7 -foot setback where 12 feet is required. We note, however, that the requested setbacks aregenerally consistent with residential lots within the general vicinity of the Property. IV. BASIS FOR VARIANCE The Petitioner's proposed variances meet all of the conditions for granting of a variance as follows: There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in which the property is located. In particular, the following property conditions are noted: a. First, what is primarily driving the need to reduce the front setback and side yard setback is the need to comply with the North Andover Wetlands Protection Regulations (the "Local Wetlands Regulations") which impose a 25 -foot "No Disturbance Zone" and a 50 -foot "No -Build Zone" extending onto the Petitioner's Property, as shown on the Plot Plan. Specifically, the 50 -Foot "No -Build Zone" extends to the rear foundation line of the proposed building as shown on the Plot Plan. Within the No -Build Zone, the Local Wetland Regulations state that "construction of any kind is prohibited within this Zone, including but not limited to, foundations associated with single family homes ... and decks (i.e., footing, piling or sonotube), patios, ...and sheds." These conditions related to soils and related wetlands are unique to this particular parcel and do not generally affect the entire R-4 zoning district. b. Moreover, there is an existing telephone pole located in front of the southerly side of the Property which precludes the construction of a driveway, and as a result, the location of the proposed dwelling was shifted southerly to accommodate a driveway of suitable width to the northerly side of the Property. The shifting of the building necessitates the reduction of the southern side yard setback to 7 feet. 2. As a result of the circumstances described above which affect the Property but do not affect the zoning district in general, a literal enforcement of the dimensional requirements for the R-4 District of the Zoning Bylaw will involve substantial hardship, financial or otherwise, to the Petitioner. For instance, the proximity of the wetland to the rear of the lot and the 50 -foot No -Build Zone requirements under the Local Wetlands Regulations preclude relocating the building further from the roadway while still providing a reasonably sized dwelling. Similarly, the location of the telephone pole restricts access to, and for parking for, the residence thereby requiring the proposed residence to impinge upon the required setback on the southerly (side) lot line. Otherwise, to attempt to create a driveway would pose a safety hazard, and would result in significant costs to relocate the electrical pole, which would impose a substantial financial hardship not only for the Petitioner, but also for any other person seeking to build a house on the Property. 3. The relief sought will be desirable and without substantial detriment to the public good without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The construction of this single family home will enhance the aesthetics of the lot. In all respects, the proposed single family residence will be consistent with other lots in the neighborhood, and therefore will not be a detriment to the public. Moreover, allowing the construction of the proposed residence will not derogate from the intent or purpose of the Bylaw because it is a permitted use and will allow development that is consistent with and in keeping with other properties in the neighborhood. The use is permitted by right and the appearance will remain consistent with other single family homes within the neighborhood. Accordingly, for the reasons stated above, and others that will be presented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variances, and to allow the proposed construction of a single family residence on the Property. Respectfully submitted, J & M REALTY TRUST By its attorney, John T. Smolak, Esq. �MOLAK & VAUGHAN LLP 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 Tel. (978) 327-5217 ra JM 3715 QUITCLAWDERD, We, MIARU GALVAGNA. N ESINGER, SAMUEL A. GALVAGNA aAd MARIE A. CATALANO, of North Andover, Essex County, MiassachuSetts, and ANTHONY L. GALVAGNA of Charlestown, Suffolk County, Massachusetts for em on of 031 glib FORT ' SUR THOUSAND D DOLLARS 11 910 (5144,000.0 Paid, hereby <d ew-X ds and Xerak6� Y � A4uattiiatssakis and John Xentakis, Trustees or J&M Realty Tevst, under Declaration of Frust dated May 21, 1995, recorded with Essex South Registry of Deeds in Book 7895, Page 349, of 701 Salem Street, North Andover, Essex County Massachusetts with QU CLAIM COVENANTS our undivided interest m the following parcel b of land more particularly descriaed as follows: A certain tract of land situated in North Andover, Essex. County, being: sown as Lot autntbered one hundred thirty-six (136) on a plan of laud titled: `°Plat of Waverly Wag Park", receded with North Essex Registry of Deeds, Plan No. 463, said Lot being morn Particularly bounded as follows: Northwestffly by lrngiewrood Street fifty feet ("); Northeasterly by Lots numbered one hundred thirty -fox (134) and one buudmd thirty Eve m q (135), as shown on said plan, one hundred (1490) %et; Cn Southeasterly by Lot numbered one hunted sixty-two (162) as shown on said plan, fifty (5(3 8; and,.; Southwesterly by Lot acunbaOCI one hmidred thirty-seven (137) as shown on said plait, one = � 1%0hundred (100) feet. �?-' O Subject to the conditions and restrictions of record insofar as the some an in force and app MCD For title, see Deed recorded with North District Essex Registry of Deeds Book 1157, Page 769. � For Grantors tide see Estate of Arms L Sopa, alta. Alun Lucia Sopa and An= L. Schepps, Commonwealth of Massachusetts, ]fix abate Court Docket No. 04P1 l I9EP1. COM1MoNwEALTH OF mASSAC>`iuwrrS� COUNTY OF ESSEX ) On Jaauaryr 21905 before me persomlly appearvd.MSM Galvagna Mesi r, persomlly known to me (or proved to me ort. tine basis of satisfry evidence) to .%e the pmon whose Warne is subscribed to the within instrument ajW acimowledged to me t she execrated the same in her individual capacity., voluntarily. S my hand egad official seal. Notary Public m,,w 1C r 7 MY cordon expires: r q�e �p�8 v 8t �dll6ae0800e�too���, E��'I PG 316 EXECUTED as a sealed i ent this4 d1W of January, 2005. Maria A. Cawafto COMMONWEALTH ON MASSACHUSETTS COUNTY OF ESSEX On Januarylg, 2005, before me personally gppeared Marie A. Catalano, PersonaDiy known to me (ox proved to ane on the .basis of udsfhctwy evidence) to be the person whm naatae is subscribed to the within mstrurnent and ackaowrledged to me that they executed the same in their individual capacities. voluntarily. WITNESS my hand and official seal. , 7A y corannission expires: tJo� �� 1®e, c � C r �t?'®Co EXECUTED as a sealed it at this /, y of January, 2005. 411 Samuel A. Oalvagna — COMMONWEALTH ON MASSACHUSETTS COUNTY OF ESSEX Oda JMuRry15, 2005, before ane vim, personally �' appeared Samuel A. Gal. known to. me or MOM evidence) to be the C P to ffie on the lassie of strt' periost whose name is subscribed to the within instnmeut and acknowledged to me hist they exwutgd the same in their individtasl capacitiesr voIuntari 1y . WITNESS my hand and official seal, r ; 111 ��3 7 otacy lit �re�i � • 'EPaz My" Mission expires: wo ' BK 9321 PG.37 EXECUTED as a sewed i�nst umew this � of January, 2005. COM ONWEALT R ON MASSACMSETT'S COUNTY OF ESSEX � On .ian atryMS 2005, before ase pmenMy appeared Anfta y L. GalvagW petsonally known to sae (or proved to ane on tae bogs of satis y evia ) to be fm pmw whose name is sub=i ed to tate WitiM insttmtaent and acknowledged to me that they exvcuted the same in their individual Capacities. o voluntarily. CESS my Wnd and opal seal. I Pio lslic Tett ; e^ ►� �. MY cct Mission expims: W OVeMbo—T 10, Q®O G Abutterro Abutter( ) aladdhg 009 ( ) CmservaU- ( 1 Zoning ( ) This certifies that the dames North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01645 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01846 Andover, MA 01810 North Andover, MA 01846 Boston, MA 02116 North Andover; MA 01845 North Andover, MA 01845 North Andover, MA 01645 North Andover, MA 01845 North Andover, MA 01845 tae 71791200E Page 1 or 2 Town of North Andover AMutters (_IsUng REAUIREIM MGL rM. Ssraw 11 stens in pan'Palles in bond s wed In 9* chpPW anal now do pefuoner, abdWM mars or bad drSL* ep0ObUsl^ a7 pubic or pnvaLe tor. and SWlets m ebdbn wWA time hundred (3001 Leel of Me prop" lin of to P OR I ft SPOOK en M most Owls go cable tot list, not of tstw4kv Mal gte lad of Ory sock Omer is IOWM In Ktelnr CRY at wow. the planing bond of 6e dWw ben, wd M plsnnkp board of ev" Nxdmg oya town' Subkgt ProDer1Y: MAP PARCEL Name Adder 11 15 J & M Realty 701 Salem Street Abutters Progenies MOD Panel Nettie Address 11 1 Albert Dees' 287 Waverley Road 11 2 Ronald Pellerim 222 Massachusetts Avenue 11 3 Leonklha Slrakosha 293 Waverley Road 11 4 Kim Herrera - 16 Harwood Sheet 11 5 Gregory Aferian . 17 Inglewood Street 11 6 Lawrence Savoia . 22 Harwood Street 11 7 Doreen Cunningham . 28 Harwood Street 11 8 David Kalembe q 31 Inglewood Street 11 9 -g alenbs- O k p @ 11 10 D & R Pacci Realty r 16 Inglewood Street 11 11 Dennis Moran 21 Jetwood Street 11 12 John Xenakis 11 Inglewood Sheet 11 13 Frances Cloonan - 205 Massachusetts Avenue 11 14 Patricia Murray 213 Massachusetts Avenue 11 17 Rosaria Geremia - 14 Inglewood Sheet 11 18 Inglewood Realty Trust. 18 Inglewood Street 11 19 John Spardo 20 Inglewood Street 11 20 John Peter Salemi 45 Mablin Ave 11 21 Mathew Xenakis. 317 Blue Ridge Road 11 22 Reuben Decosta Hallett • 223 Massachusetts Ave 11 23 Donald OswA, 233 Massachusetts Ave 11 24 Dann Nicotosi to Jetwood Street 11 25 Branco Realty Trust . 78 Cross Street 11 26 Charles Maniacs 36 Mablin Ave 11 28 Peter Menounos 431 Columbus Ave 11 33 Santina Falk 29 "in Ave 11 11 34 35 William Quarantello• d N p p 241 Massachusetts Ave 11 54 James Halt, 22 Inglewood Street 11 62 Agnes Lu Cho• 232 Massachusetts Ave This certifies that the dames North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01645 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01846 Andover, MA 01810 North Andover, MA 01846 Boston, MA 02116 North Andover; MA 01845 North Andover, MA 01845 North Andover, MA 01645 North Andover, MA 01845 North Andover, MA 01845 tae 71791200E Page 1 or 2 Atatlrer to Abutter ( ) 81mY&v Dept ( ) Cors —gon ( ) ( ) Town of North Andover Abutters Ustina R&WIRENEW . MU 40K Saco* N slaae In W'4a on in Mteim m geed infas chapter slwl awsi the pxalf aier, A diwa, owns d hnd do* oppmd w my p Ak or O�+M ver. and abuhm b eb Wrs waim feae hundred (90Q) lad d fxe pOptafy liriad fia pef6aiar w fah eypsw as tha moat nbaani aDMiCJUId lax list rot WM$k '*q VW fw land of awo such awner Is bedad M &VMar tlry or bre, fn pla Wag mad d IN dly or lawn, and ft plaadxg mad d every WKAft un urban subk t ibdoe►tr 6fAP PARCEL Name 11 15 J & M Realty Abufiers Prooertitfa Map Parcel Nam 10 44 Blackstone Realty Trust 10 45 Marion Palanfran, 10 46 Linda Johnson 10 47 Ton La 10 54 Licciardello Really Trust. 10 55 Tracy Shea 10 56 Cheryl Hil 10 51 Beckton Nominee Trust 10 52 Jet Bee Nominee Trust 10 371 Classic Really Trust This certifies that the names appearing on the records of the Assesso a as of Certified by: ate / Address 701 Salem Street AddWW 257 North Mian Street t6 200 Massachusetts Ave 210 Massachusetts Ave 81 Exeter Street 6 Warton Road 191 Massachusetts Ave 197 Massachusetts Ave 11 Harwood Street 11 Harwood Street 198 kbssachuselts Ave North Andover, MA 01845 Andover, MA 01810 North Andover, MA 01845 North Andover, MA 01845 Laurence, MA 01843 Nashua, NH 03062 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Lot 7113!1006 p9'@ 2 of 2 Town of North Andover Zoning Board of Appeals; Community Development)Division North Andover, MA 01845 rr Trust. �' Concern: Rain and melt water runoff firm the° North Andover. x� On July 5, 20061 raised the issue ofi£ ' rain Hill which, we fear that the Whisperi6oim off. Here are the reasons for our fears. . July 18,,` 2006 4 1. The Plan of Swale at Weyland Circle in North Ando'!�,"MMAK"' I 1998, and the Drainage Remediation Plan, Foxwood Drwe,twort dated August 16, 2001 and revised September 21, 2001�both kv Swale surrounding the outer perimeter of the Weyland Circle No the intention to lead off rain and melt water to the Harold Parke'. There is no Swale, and has never been. Any run-off is free to tat path down the hill. Was the bond amount lower than the cost for comply with the requirements? 2. The developer of.the Weyland Circle installed a 2" pvc draine hillside below lots 16 and 17 of Weyland Circle. The drain flows Whispering Pines property and follows the low line in W -N W di water onto the properties of Salem St 871, 855, 835, 817 anq 3. Study of the elevation lines above lots 3 and 4 of the development reveals a 16/32 foot slope South to North off W -N -W. There is no specific requirements for the p 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 Y property in earl 2006. �N( �( JUL 11006 JO DAF -0 of APPEA! 8 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 plan 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. Ammer ra A&Aer ( ) & ddhg Pept ( ) C— 86- ( ) Zoning ( ) This certifies that the names 5ppeanng on the records of the Assas of U--'124 '1'1f'd71O1qR* , , Certified Date 12 1� Oma 7113(2008 Page 1 of 2 Town of North Andover f Abutters LlsOna REQU as used In Oss dfapta shd moan tho Pe6tbner, abu0as, oreda d land daec0y oppnftn any public orprlvate ray, aid abuOna to abOM within three hundred (.1001 feet Gift Property ane of pr Poft" r as Oat' appear an Oro most recent 8PP1"W tpl list, not Watara vafar amiand d arty such Omar is heated in Wmaw dy or tarn Ole PUMA bond d Me ctya brm, aM Oro pYonNg board of every aMrq MY ormrn' SUDIM P/onerw MAP PARCEL Name AdA 11 15 J & M Realty 701 Salem Street North Andover, MA 01845 AbuhVv Prooerdes Map Parcel NNa Address 11 1 Albert Deshaies 1,287 Waverley Road North Andover, MA 01845 11 2 Ronald Pellerin —222 Massachusetts Avenue North Andover, MA 01845 11 3 Leonktla Strakosha 1rzilr rn1 X293 Waverley Road North Andover, MA 01845 S -1S-06 11 4 Kim Herrera Harwood Street North Andover, MA 01845 11 5 Gregory Afarian Inglewood Street North Andover, MA 01845 "� 11 6 Laurence Savoie y,z�1�22 Harwood Street North Andover, MA 01845 5 ~ 7 6 11 7 Doreen Cunningham 26 Harwood Street North Andover, MA 01845 11 a David Kalembe )-1 Inglewood Sheet North Andover, MA 01845 11 9 David Katemba31 Inglewood Street 11AL,-" North Andaver, MA 01845 11 10 D & R Pecci Realty // Inglewood Street North Andover, MA 01845 11 11 Dennis Moran i<fK fnirl Jetwood Stmt North Andover, MA 01845 g �� 11 12 John Xenalds lAl Inglewood Skeet North Andover, MA 01845 11 13 Frances Cloonan 1,205 Massachusetts Avenue North Andover, MA 01845 11 14 Patricia Murray 213 Massachusetts Avenue North Andover, MA;01845 11 17 Rosaria Geremla L.;* Inglewood Street North Andover, MIK 01845 11 18Inglewood Realty Trust 1�Winglewood Sbeet " ✓� Inglewood Street North Andover, MA 01545 North Andover, MA 01846 11 11 19, 20 John Spanio �c IqL � r John Peter Salami(9`Yhe'U X45 Mablin Ave - , North Andover, MA 01845 _] D,6 11 21 Mathew Xenalds�p L,417 Blue Ridge Road North Andover, MA 01845 11 22 Reuben Demsta Hallett ICi gV4,U"03 Wissachusetts Ave North Andover, MA 01845 — J ✓411, 11 23 Donald Oswald V233 Massachusetts Ave North Andover, MA 01845 11 24 Dann Nioolosi LX.letwood Street North Andover, MA 01845 11 25 Branco Really Trust r,78 Cross Sheet Andover, MA 01810 11 26 Charles Maniace �UyU1� 35 Mab6n Ave North Andover, MA 01845 _ 3 _ 6 11 28 Peter Menouno5 �� u(Af 431 Columbus Ave Boston, MA 02116 '� 11 33 Santina Fanta L-29 Mablin Ave North Andover, MA 01845 11 34 Williem OuaranteBo 241 Massachusetts Ave North Andover, MA 01845 11 35 r William Otia.ra pro 241 Massachusetts Ave. North Andover, MA 01845 11 54 James Holt YC� tl �• 22 Inglewood Sheet r Norah Andover, MA, 01845 8 7 -0/1 11 62 Agnes Lu Cho 232 Massachusetts Ave North Andover, MA 01845 This certifies that the names 5ppeanng on the records of the Assas of U--'124 '1'1f'd71O1qR* , , Certified Date 12 1� Oma 7113(2008 Page 1 of 2 AN&-toA"W( ) &LUgg DW ( ) Conseroatian ( ) ZwhV ( ) Town of North Andover Abutters Listing RlYi MEMEW, W.I. 4M Section N slate in paft Panin in IntansMas used In rss chapkr shall mean the pemb er, ■kdtas, ownora of h w dwedy OF my Pr61ie or private viy, and Autln to abuearc "win bw hundred (900) led of fie property lkwaf the poStiwrer es trey appear an the mod reectN pp*A% to Int, not WOn ilgrI g than One land of any such emw Is I I In awl my or town, alta pLmahg hoard of the dry or bum, and the plar"it; homd af"Wiling dry or mwn' MAP PARCEL Name Address 11 15 J & M Realty 701 Salem Street Abutters Pronerd Mao 10 Pared 44 Nam Blackstone Realty Trust Address 457 Nath Mian Street #5 10 45 Marion Palanjian %,260 Massachusetts Ave 10 46 Linda Johnson 410 Massachusetts Ave 10 47 Ton La V81 Exeter Street 10 54 Licciardello Realty Trust UO Weirton Road 10 55 Tracy Shea r/i91 Massachusetts Ave 10 56 Cheryl Hill1,197 Massachusetts Ave 10 51 Benton Nominee Trust Harwood Street 10 52 Jat Bee Nominee Trust ---_ art Harwood Street 10 371 Classic Really Trust 1198 Massachusetts Ave This certifies that the names appearing on the records of the Assesas of so ; Certified by: ate / North Andover, MA 01645 Andover, MA 01810 North Andover, MA 01845 North Andover, MA 01845 Lawrence, MA 01843 Nashua, NH 03062 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Oleate 711arm P099 2 or 2 �I ate/ o \ K � � V PSG p94Y ® N ro N y N C m 1r1^ II P,Q M 4 \ o I O° O h N ry g ` ` m r� Ol ° N°4 M N N ` V j I0 J 33tiyS $ 000AANSM r Fes r os o os o f M O PJE f 01 \ oo M Ln e It � or Rr or os of ° ti 00 O ° N O � O 01 b o o W 7o D, DO W r ce �y O c N M h O n ° + I / � o,° p \ a O 0 ° N $ n N N / 0° os or .L.23hus ,ay Cloo/\.L3(' M OS Or Dr OS � O ° N O � O 01 b o IW M o 0 M � o O r ce �y O c N M h O ° + I O + h � M OS Or Dr OS � O SV IW A o 0 01 a0 n lC c �y O N M h O ° + I O + h � o,° p \ a O 0 ° N N Q z u e z ,FA 49 -L3:2'J1S om CJaoAAj=jWri S'�� Y v o OS Or Dr OS � O SV IW A o 0 01 a0 n lC c �y O h O\ ° + I M 61 � � N M y N N N I 0° Q 2 N 133biL5 CO 0�OAA N�:I O N ooi or Dr os 0 b � M o .moo O c O+o IM N M N b OOi OS Or Dr OS � e lT / SV IW A o 0 01 a0 n lC c �y I ° + N � � N M Q 2 N 133biL5 CO 0�OAA N�:I O N ooi or Dr os 0 b � M o .moo O c O+o IM N M N b OOi DDm OS Or Dr OS � e h N SV � A o 0 01 a0 n lC c �y I ° + N � � N M y N N N DDm OS Or Dr OS � e �N SV a y_ i I ° + N � N M N t5 OU OMPi d tn c- 133L� 5 U) OOUNtIn N Y it Q \W 0 o Z 0 F- Z ul' LU Q N J � a d � F - (i Cc o > Z �N SV a y_ I N � N M N N N N 133L� 5 U) OOUNtIn N Y it Q \W 0 o Z 0 F- Z ul' LU Q N J � a d � F - (i Cc o > Z SV 133L� 5 U) OOUNtIn N Y it Q \W 0 o Z 0 F- Z ul' LU Q N J � a d � F - (i Cc o > Z 10.6 N /F FARDO #20 N/F I PECCI REALTY I #15 31.0. 10.8. N/F INGLEWOOD REALTY TRU #18 N/F XENAKIS #11 12.7' 12.8.1 N/F CLOONAN # L05 MASS. AVE. NGLEWOOD STREET 2' OVERHANG (40' WIDE R.O.W) TO MASS AVE. MABLI N . AVE. 50,0'i l 7:8 1 ° 1 '-1 1- 19_3, - 193' N/F o GEREMIA O #14 ,yD, 1' OVERHANG — 6' X 22' CANTILEVERED DECK - 2 -10'X20' PARKING SPACES MAP 11 PARCEL 15 AREA 5,000 SF 50.0' i 50.0' 137.0' SME N/F GARAGE MURRAY # 213 MASS. AVE. -PROP. ROOF PEAK TO GROUND=35' 0 0 O N/F MENOUNOS N/F —+ XENAKIS. \ i / WETLANDS ofJOHN B McQtY1LKNJ, JR. N No. 36120 ,b (DF FEET ) 1 inch = 40 & LOCUS ZONE: RESIDENTIAL 4 "I REQUIRED EXISTING PROPOSED HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LOT AREA LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC 12,500 S.F. 5,000 S.I. 5,000 S.F. OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT MAX. HEIGHT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR 35 FT N/A <35 FT NEW WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE RULES STREET FRONTAGE AND REGULATIONS OF THE REGISTRY OF DEEDS." 100 FT 50 FT 50 FT FRONT SETBACK /kAl. r r c+ (, 20 FT * SIDE SETBACK N/A 8) FT (JOAN F. McQUILKIN JR. U DATE 12 FT * N/A 7 FT(WEST SIDE) NOTES: 16 FT (EAST SIDE) REAR SETBACK 1. LOT WAS CREATED AS SHOWN AS LOT 136 ON A PLAN ENTITLED 20 FT N/A 37 FT "PLAN OF WAVERLY WEST PARK, NORTH ANDOVER, MASS." DATED REQUIRED PARKING JUNE 1906, RECORDED AT NORTH ESSEX REGISTRY OF DEEDS 2 N/A 2 ON MAY 22, 1922 AS PLAN NO. 463. DEED RECORDED IN *=SEE NORTH ANDOVER ZONING REGULATION 7.8(1) BOOK 9321 PAGE 315. 2. SECTION 6, PARA 4 OF GL.c40A STATES "ANY INCREASE IN AREA, FRONTAGE, WIDTH, YARD OR DEPTH REQUIREMENTS OF A ZONING BYLAW SHALL NOT APPLY TO A LOT FOR SINGLE... FAMILY RESIDENTIAL USE WHICH AT THE TIME OF RECORDING... CONFORMED TO THEN EXISTING REQUIREMENTS ... BUT AT LEAST FIV!--- THOUSAND SQUARE FEET OF AREA AND FIFTY FEET OF FRONTAGE." 3. ZONING DISTRICT: R4 4. FLOODZONE = X COMMUNITY PANEL 2500 98 0003C DATED 6/3/93. FOR REGISTRY USE ONLY CER it_ IFIED APPROVED BY THE TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS DATE DATE OF APPLICATION DATE DATE OF HEARING DATE DATE OF DECISION DATE PLOT PLAN OF LAND- INGLEWOOD STREET NORTH ANDOVER, MA SCALE: 1 in. = 40 ft. DATE: JULY 17, 2006 PREPARED FOR OWNER: Mathew Xenakis 317 Blueridge Road N. Andover, MA PREPARED BY: JM Associates 325 Main Street North Reading, MA 01664 976-664-6666 1 JOB# 500-255 ,q o n m Y m�yY+� 09 mqmW mojpnym Sb CmyyY ¢n m �Oqqq N�uNr'MHO�C �Hf9 CySN° �bmCH R'm• �° ul..rm W uyz�e GGGrw ^r. N W 4W11111���tt NNW NNNNNNSON- TNrw 2CNl^Nr w J—H �� o of@jo`INS; ����5.. saMR$ Mm9��ee 03 eC W W °N !2% ¢O WSSw Omm RSO N¢SM•G¢j Itl NAA[p' tl$S '. MQRpl �Gl of ~Ho.!• `m «wW ;{1111 a to ugCS �py� o�i On SCwp° m..q .. 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BRUNO ASSOCIATES RESIDENTIAL DESIGNERS 28 BERKELEY ROAD N. ANDOVER MA 01845 978-683-1153” a I g o' � t ifn4-4 S :pox 3 em�o DflAYM BY I JOB NO. ' DflAWING NO. I G. J. BRUNO ASSOCIATES RESIDENTIAL DESIGNERS 28 BERKELEY ROAD N. ANDOVER MA 01845 978-683-1153” 7w eZ,:)4r 04C 1 1 nu 74 .6. J. BRUNO ASSOMATES. RESIDENTIAL -DESIGNERS 28 BERKELEY ROAD N. ANDOVER MA 01845 O Lz .,m .4 5, or i. iI A 77R I :-, tl UZI 7w eZ,:)4r 04C 1 1 nu 74 .6. J. BRUNO ASSOMATES. RESIDENTIAL -DESIGNERS 28 BERKELEY ROAD N. ANDOVER MA 01845 QL 10.6 F N /F PARDO #20 10.8. N/F INGLEWOOD REALTY TRU #18 N/F PECCI REALTY #15 N/F XENAKIS #11 12.7' 12.8'1 N/F CLOONAN # 205 1 MASS. ,AVE_. 12 3' INGLEWOOD STREET 2' OVERHANG (40' WIDE R.O.W) _ _ _ _ _ TO MASS AVE. TO MABLI N AVE 7 8, 1 ° 1 I 19.3' O N/F O GEREMIA O #14 ,yo, 1' OVERHANG — 6' X 22' CANTILEVERED DECK 2— 10' X 20' PARKING SPACES MAP 11 PARCEL 15 AREA 5,000 SF 8.0'1 i LoZ � 1 0_j a_ r O `r 0' O s.d 26.0' 50.10' i 50.0' 13 rel Each N/F GARAGE MURRAY 2'-3 MASS. AVE. -PROP. ROOF PEAK TO GROUND=35' 0 O O N/F MENOUNOS XENAKIS o�� JOHN \ g F. McWILKIN, . 90 No. X120 WETLANDS 1 tmeh = 40 & LOCUS ZONE: RESIDENTIAL 4 REQUIRED "I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LOT AREA Lr Tt.i 'r -f`. A WrAv0 c`i.in�ean: Anr Tt_IC)�[ (1C C7�I i.. 12 inn .F. iINES OF HE STR�,L', S AND" r. i .J 3r rvrnv -i-%F' L iii �' C -r - B1 i'.. - , OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT MAX. HEIGHT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR 35 FT NEW WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE RULES STREET FRONTAGE AND REGULATIONS OF THE REGISTRY OF DEEDS." 100 FT FRONT SETBACK cl 20 FT N F M QUILKIN JR DATE SIDE SETBACK EXISTING PROPOSED 5,(1QQ_S_F.. _5.000 ,S_F. N/A <35 FT 50 FT 50 FT N/A 8 FT Mc 12 FT * N/A 7 FT(WEST SIDE) NOTES: 16 FT (EAST SIDE) REAR SETBACK 1. LOT WAS CREATED AS SHOWN AS LOT 136 ON A PLAN ENTITLED 20 FT N/A 37 FT "PLAN OF WAVERLY WEST PARK, NORTH ANDOVER, MASS." DATED REQUIRED PARKING JUNE 1906, RECORDED AT NORTH ESSEX REGISTRY OF DEEDS 2 N/A 2 ON MAY 22, 1922 AS PLAN NO. 463. DEED RECORDED IN *=SEE NORTH ANDOVER ZONING REGULATION 7.8(1) BOOK 9321 PAGE 315. 2. SECTION 6, PARA 4 OF GL.c40A STATES "ANY INCREASE IN AREA, FRONTAGE, WIDTH, YARD OR DEPTH REQUIREMENTS OF A ZONING BYLAW SHALL NOT APPLY TO A LOT FOR SINGLE... FAMILY RESIDENTIAL USE WHIM{ AT THE TIME OF RECORDING... CONFORMED TO THEN EXISTING REQUIREMENTS ... BUT AT LEAST FIVE THOUSAND SQUARE FEET OF AREA AND FIFTY FEET OF FRONTAGE." 3. ZONING DISTRICT: R4 4. FLOODZONE = X COMMUNITY PANEL 2500 98 0003C DATED 6/3/93. CERTIFIED FOR REGISTRY USE ONLY APPROVED BY THE TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS DATE OF APPLICATION DATE OF HEARING DATE OF DECISION DATE DATE DATE DATE PLOT PLAN OF LAND INGLEWOOD STREET NORTH ANDOVER, MA SCALE: 1 in. = 40 ft. DATE: JULY 17, 2006 PREPARED FOR OWNER: Mathew Xer-kis 317 Bluerid_ge Road N. Andover, AAA01845 PREPARED BY: JM Associates 325 Main Street North Reading, MA 01864 978-664-6668 ;� JC' 94 0-- PAGE 4 OF 4 3. WRITTEN DOCUMENTATION :application for a Variance mljst be supported by a legibly ,written or typed memorandum setting forth in detail all facts relied upon. Vhen 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 :3upported. 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 =ppeals. A .set of building elevation plans by a Registered Architect may be required when the application i.n.volves new construction/conversion/ ,and/or a proposed harage in use. `0. A. Pelijor ;projects :ser projects are those. vvnich involve one of the rcr;p�ii^g .,k1hether ex'asl ng or pmw7sed: ?) rive S) or more PaCK'19 spaces, 4dw,e ,3) or me;'e dowelling snits, 11) ' 0130 - uare r,.�et :f burr'tjing .?a.':,a. r�r' !"'�•iyecJl: ,'. iL-.3#fir' c r�,,At r,l?P r,l<?r?:: 2=tL.,led .:t!P.t:`i s. _:5 VARIANCE `10. S. `Plan 'Spec.flcations: II) Size of plan: Ten (10 ) paper copiesof a plan riot to exceed 11 "x17 preferred scale of 17=401 Il) One (1) Mylar, with one block for Registry :lse Only, and one block for five (5) ZBA signatures & date. IM Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans bya Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 0 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. oH) Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. flames addresses and phone numbers of the applicant, owner or record, arod land surveyor. 7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as iodicated 'owith an. asterisk (*). In some cases further information ricay be required. -I1. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - :4022-1760-4841" for the cost of first class, certified, return receipt ($4.64 as of January 2006) x # of all p arties 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 :tamps ;currently Uo) x Khe # of parties of interest ;n the .abutter's list for'the decision trailing. 11. B. Rhailing labels: Applicant shall provide four,,,') ,;.etsof n^arlirg !,bels sio';argerthan 1":c2-3 8" (3 cvcies r the LagaI, ,ird :,ne co`cy f(:r P. Cecis' n A Variance a nmre g ran,4` d by 4he ,'Z3A `:;'1Ul i-.: pp a al t ,�r:e) 'jr:ar if '`:Nit n°.r. t.- ,.n e i :day'wr bmefted. A N/F I PECCI REALTY I #15 '31.0. N/F XENAKIS #11 12.7. 12.8, 12.3, N/F CLOONAN # 205 MASS. AVE. INGLEWOOD STREET 2' OVERHANG (40' WIDE R.O.W) TO MASS AVE. TO MABLIN AVE �' !7s' X01' 10.6 10.8. 10.0'1 9.81 1g•3' — — N/F � � N/F FN D INGLEWOOD N W Z GARAGE #U2RAY #20 REALTY TRUGEREMIA C7 O J � 'SASS. AVE. #18 °- w #14 8.0 p 3:Of 0 -PROP. ROOF PEAK TO GROUND=35' 2' OVERHANG 26.0' 6. -' 6' X 22' CANTILEVERED DECK _0 2-10'X20' (9 o �^u PARKING SPACES E) t fd T t }�iS7 wr4 s e t rT y r T N/F C.vG'ktt. vi7y MAP 11 PARCEL 15 50.0' MENouNos y1 Fvs ��1 ��,.x' I •( �<Fi€ s- rsT'>lEr ----+ f WIN x wAREA 5,000 SF 50.0,MMM 43.0 XENAKIS i£S H"'R, � >i �15� k fi hry ak { v m R_ r '•Sp�`eti� � i�lfiel,�' ek ��iah s �� t , ,. �r-,•,: ,'�� �'� »� WETLANDS (INS') 1 inch = 40 fL LOCUS "I HEREBY CERTIFY THAT THE PROPERTY LINES BENCHMARK SHOWN ON THIS PLAN ARE THE LINES DIVIDING IN UTILITY POLE EXISTING OWNERSHIPS, AND THE LINES OF THE = 101.07 STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC of MAs, OR PRIVATE STREETS OR WAYS ALREADY � JOHN ESTABLISHED, AND THAT NO NEW LINES FOR E (PS1 DIVISION OF EXISTING OWNERSHIP OR FOR NEW McQUILKIN; WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE �o� No. 36120 RULES AND REGULATIONS OF THE REGISTRY OF DEEDS" Fss ��NAI iANO 30 FT 10 QDHN F. MCQUILKIN JR. DATE SIDE SETBACK NOTES: 1. REFERENCE N.E.R.D. BOOK 9321 PAGE 315 8 N.E.R.D. PLAN 463 REAR SETBACK 2. ZONING DISTRICT: R4 3. BENCHMARK = SPIKE 1 FT UP IN UTILITY POLE #4305 = 101.07 4. FLOODZONE = X COMMUNITY PANEL 2500 98 0003C DATED 6/3/93. FOR REGISTRY USE ONLY APPROVED BY THE TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS DATE OF APPLICATION DATE OF HEARING DATE OF DECISION ZONE: RESIDENTIAL 4 REQUIRED PROPOSED LOT AREA 12,500 S.F. 5,000 S.F. MAX. HEIGHT 35 FT 35 FT STREET FRONTAGE 100 FT 50 FT FRONT SETBACK 30 FT 10 FT SIDE SETBACK 15 FT 8 FT REAR SETBACK 30 FT 43 FT REQUIRED PARKING 2 2 CERTIFIED PLOT PLAN Of LAND INGLEWOOD STREET DATE NORTH ANDOVER, MA SCALE: 1 in. = 40 ft. DATE: JULY 12, 2006 PREPARED FOR OWNER: Mathew Xenakis 317 Bluerid_ a Road N. Andover, MMAA01845 DATE PREPARMk BY: JM Associates DATE 325 Main Street North Reading, MA 01864 DATE 978-664•-6668 JOB# 500-255 T 3 I