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TOWN OF NORTH ANDOVER
BOARD OF APPEALS
NOTICE
April 29, 1991
Notice Is hereby given that the Board of Appeals will
give a hearing at the Town Building, North Andover,
on Tuesday evening the 14th day of May 1991, at
7-30 o'clock, to all parties interested in the appeal of
GREGORY FOLLANSBEE requesting a variation of
Sec. 7 , Para. 7.4.1, 7.2.11a & lb of the Zoning By Law
so as to permit a subdivision of land on the premis-
4 es, located at the north side of Lacy St. and known
as #10 Lacy Street.
By Order of the Board of Appeals
o, Jr., Chairman
Frank Seri
NAC: 5/1, 5/a/91
NOTICE
April 29.1991
Notice Is hereby given that the Board of Appeals will
give a hearing at the Town Building, North Andover,
on Tuesday evening the 14th day of May 1991, at
7:30 o'clock, to all parties Interested In the appeal of
GREGORY FOLLANSBEE requesting a variation of
'Sec. 7 -Para. 7.4.1 7.2.11a & lb of the Zon
I Ing By Law 2 -
so as to permit a subdivision of land on the p;emis-
as, located at the north side of Lacy S14 and known
as #10 Lacy Street.
By Order of the Board of Appeals
Frank Serlo, Jr.. Chairman
N AC: 5/1. 6/&9 1
LE&ciiang,,
4
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
NOTICE
April 29, 1991
Notice is hereby given that the Board of Appeals will
give a hearing at the Town Building, North Andover,
on Tuesday evening the 14th day ot May 1991, at
7:30 o'clock, to all parties Interested in the appeal of
GREGORY FOLLANSBEE requesting a variation Of
Sec. 7. Para. 7.4.1, 7.2.1 a & 1 b of the Zoning By Law
so as to Permit a subdivision of land on the premis.
-3s, located at the north side of Lacy St. and known
as #10 Lacy Street.
MC: Wl, 51stgj Frank Serio, Jr., Chairman
ip
APRIOTI
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
... APRIL. 2.9 9 ... 19.91
Notice is hereby given that the Board of Appeals win give a
hearing at the Town Building, North Andover, on . . Tu 6.s day .
- evening ....... the - 1.4 t Iday of MAY ...............
7:30 P.M.
19 9 1 , at .... o'clock, to all parties interested in the appeal of
....... GRE.GQRY.F0.LLA.NSB.EE
requesting a variation of Seg. 7 para. 7.4.1,
. - -Ic . of the Zoning
2. ;1- -& - I -b ...
By Law so as to permit.. a. subdivis-ion. of..land .....
.......................................................
......................................................
......................................................
................... I ..................................
on the premises, located at.. the. north. �3.ide. S t
and.known. as. #10.1ac.y. S.tre.et ................
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish N.A. "Citizen": May 1 & 8, 1991
Send bill to: G. Folllansbee, Box 398, North
Andover, MA 01845
9 0
I
-00
1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
... APRIL. 2.9, ... ig.91
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on. . Tu 6.s d ay .
evening ....... the . 1.4 t1day of MAY ................
7:30 P.M.
19.91 , at .... o'clock, to all parties interested in the appeal of
....... GRE.GORY. FO.LLA.NSB.EE
requesting a variation of Se�. 7 para. 7.4.1, of the Zoning
2 .'1 c;i' '& - 1-b .....
By Law so as to permit.. a . subdivis.ion. of. Iand .....
................................................... —
on the premises, located at. . the. north. ;s.ide. of. La!:�y. St.
and. known. as - #10. Ia.c.y. S.tre.e t ................
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish N.A. "Citizen": May 1 & 8, 1991
Send bill to: G. Foll-lansbee, Box 398, North
Andover, MA 01845
NORTH
Of��' e41
O Z
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
GREGORY FOLLANSBE:E Petition ##153-90
10 LACY S"I"RE'ET
IVO R'TFi nNI)OVL R, Mn DECISION
The Board Of Appeals held a public hearing on Tuesday evening,
MAY 14, 1991 and Jure 11, 1991 upon the application of GRE=GORY
FOLLANSDEE requesting a Variance from the requirements of Section
'77 Paragrapl-i 7.4.1 arid Section 7.2.1a & lb of the Zoning Dy --Law
SO <As tc, Pei -mit :.,i subdivision of land on the premises lc.cated at
:1:h10 Lacy St rr,et .
The following members were present and voting.- Frank Ser^ i o, Jr, ,
Chairman; William S,jl l ivan, Vice-Chair^man; Walter Goulc?, arid Anna
O ' Ccinnor.
ThQ hearing was advertised in the North Andover Citizen on
May 1 ar,d Play 81 1991 and all abutter's were notified by
mai 1.
Upon a motion made by Mr. Sullivan and seconded by Mrs.
O'Connor-, the Board voted, unanimously, to GRANT Variance as
r`eq uu, st ed.
.Thea I oz.ir^d finds that the petitioner- has satisfied the pr-ovissiciris
of Sect icin 107 PrWaur^aph IC). 4 of the Zoning By -Law arid thi-at the
gr-arit info of this V ,ianc:c? w 1 I not dor-o9ate from t.1) intent i.iricl
purpose cif 'Lf -led Zoning By -Law nor, will it adversely affect the
rieighborhood.
Dated thi�-a ._'ltist day of June, 1991.
BOARD OF AP'P'EALS
Chairman
/gb
o.�
1835
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date .. Jun e..20.,..19.91.........
Petition No.. 153-.90 .............
MAY 14, 1991 &
Date of Hearing.. J09. 11 } , 1.991
Petition of ........ GREGO> X .FOLD#N5RU...............................................
Premises affected .. t.he..nor.th..s id.e . of . L.acy..S txee.t . and. known. as. #.10..Lac.y.. S t .
Referring to the above petition for a variation from the requirements of the ..N o r t h..An do v e r
Zoning. By..-7Law,..Sec.tiD.n. 7.,.. para.... 7...4..1. & .Se.cti.an..7..2...la..&. lb......... .
so as to permit . A.. S-Ubd.ivi.s io.n . o.f . 1.and.............................................
After a public hearing given on the above date, the Board of Appeals voted to ..GRANT...: the
........ Variance ........ I........ and hereby authorize the Building Inspector to issue a
permit to ....... Gregor.y. Follans.bee................................................
Signed 2 / � '
Frank Serio, Jr., Chairman
..........
William Sullivan, Vice -Chairman
Walter Soule
.........................................
Raymond Vivenzio
................... I...................
Anna O'Connor
..................................
Board of Appeals
4
GREGORY FOLLANSBEE Petition #153-90
10 LACY STREET
NORTH ANDOVER, MA DECISION
The Board of Appeals held a public hearing on Tuesday evening,
MAY 14, 1991 and June 11, 1991 upon the application of GREGORY
FOLLANSBEE requesting a Variance from the requirements of Section
79 Paragraph 7.4.1 and Section 7.2.1a & lb of the Zoning By -Law
so as to permit a subdivision of land on the premises located at
#10 Lacy Street.
The following members were present and voting; Frank Serio, Jr.,
Chairman; William Sullivan, Vice -Chairman; Walter Soule, and Anna
O'Connor.
The hearing was advertised in the North Andover Citizen on
May I and May 8, 1991 and all abutters were notified by regular
mail.
Upon a motion made by Mr. Sullivan and seconded by Mrs.
O'Connor, the Board voted, unanimously, to GRANT Variance as
requested.
The Board finds that the petitioner has satisfied the provisions
Of Section 107 Paragraph 10.4 of the Zoning By -Law and that the
granting of this Variance will not derogate from the intent and
purpose of the Zoning By -Law nor will it adversely affect the
neighborhood.
Dated this Fist day of June, 1991.
/gb
BOARD OF APPEALS
Frank Serio, Jr.,
Chairman
KAREN H.P. NELSON; Town of 120 Main Street, 01845
Director NORTH ANDOVER (508) 682-6483
BUILDING�`�`
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Zoning Board of Appeals
Frank Serio, Chairman
FROM: Christian C. Huntress, To,,XlknnW
Ann Kaspryzyk, Acting Conservation Administrator
DATE: June 11, 1991
RE: Request for variance, #10 Lacy Street
In light of conversations our departments have had with you
and Mr. Thomas Neve, Engineer for the applicant, we support this
variance as requested.
Although it is still the feeling of the Planning Department
that this application is in conflict with the original intentions
of Section 7 paragraph 7.2(1), the support of abutters has
convinced staff that this application is properly before your
board and should receive favorable action.
The intent of the Town Planner's memo, dated May 13, 1991,
was to encourage the applicant to develop the property through
the Definitive Subdivision process as dictated by the Planning
Board's rules and regulations governing the subdivision of land.
This process may have granted the applicant additional building
lots and would have required the construction of a minor roadway.
Due to the support of the abutters and their desire to see less
impact on the property staff can now support this variance as
requested.
The applicant should be aware that granting of this variance
and the requirements of Section 7 will restrict future
subdivision of this property.
The applicant is now required to apply to the Planning Board
for creation of these two lots through the Approval Not Required
process. Staff will also encourage the use of a common drive so
as to minimize the impact to the wetlands.
Thank you for your support and we encourage your board to
look favorably upon this application as presented.
OF NO.r"
J KAREN H.P. NELSON? �`a Town of
Director
NORTH ANDOVER
BUILDING �<
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Zoning Board of Appeals
Frank Serio, Chairman
FROM: Christian C. Huntress, To n ner
DATE: May 13, 1991
RE: Request for variance, #10 Lacy Street
120 Main Street, 01845
(508)682-6483
I have reviewed the plans for the above referenced petition
and would ask the board not to grant this variance.
In reviewing Section 7 paragraph 7.2(1) it becomes clear
that the original intention of the frontage exception bylaw was
that no such lot shall be reduced in area below three times the
minimum lot size. I would like to draw your attention to
paragraph 7.2(1) e. which states the following:
No such lot as described above on which a dwelling is
located, shall be hereafter reduced in area below the
minimum area required in section 7.2.1
Your boards approval of this variance would allow
construction on an inadequate frontage exception lot which is
clearly not the intent of the bylaw. The applicant has proper
area and width with lots 1 and 2 to propose a Definitive
Subdivision to the Planning Board.
Again, I would ask that your board deny this application for
a variance due to the fact that it would derogate from the
original intent of section 7.2.1. of the North Andover Zoning
Bylaw.
Thank you for your consideration in this matter. Should you
have any questions concerning this or any other petition please
feel free to contact my office.
KAREN H.P. NELSONr „o a Town of
Director
BUILDING =� NORTH ANDOVER
CONSERVATION eB,CHU DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
MEMORANDUM
TO : Zoning Board of Appeals
FROM : Richard Doucette, Conservation Administrator
DATE : May 2, 1991
RE : Follansbee Variance Request
120 Main Street, 01845
(508) 682-6483
I have briefly reviewed the above variance request that I
understand is on your May agenda. I would like to provide your
board with specific recommendations but cannot since no wetlands
or topography are shown on the plans submitted. The narrative
submitted by the applicant does mention wetlands. If there are
indeed wetlands on the property, these should be shown on the
plan. I do not feel that I, or the members of the ZBA, can
adequately assess the full impacts of this proposal until further
information is shown on the plan.
I have forwarded a copy
hopes that the necessary
your meeting.
CC : Karen HP Nelson
Bob Nicetta
of this memo to the applicant in the
information can be submitted prior to
Gregory Follansbee
PO Box 398
North Andover MA 01845
Recefv,e'd by. To-wn Clerk:
Date SIR• Q 100iT�OWN OF NORTH ANDOVER, MASSACHUSETTS -� - •
1 BOARD -OF APPEALS
Time,......�
: � _ ___ "._._...� s�CNUst
�=`:Notice Thi s application must be typewritten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Gregory Follansbee Address PO
1. Application is hereby made
01845
x 398 North Andover, MA
Section 7 Paragrarh 7.4.1
(a) For a variance from the requirements of Section 7 Paragraph7.2.1.a
and- Table of the Zoning By -Laws,. -Section 7 Paragrarh 7.2.1.b
(b) For a Special Permit under Section Paragraph of the
Zoning By -Laws.
(c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority.
2. (a) Premises affected are land x and building(s) numbered
#10 Lacy Street Street.
(b) Premises affected are property with frontage on the North (x )
South ( ) East ( ) West ( ) side of Lacy Street
Street,,and known as No. #10 Street.
(c) Premises affected are in Zoning District R-1 and the premises
affected have an area of square feet and frontage of
150 .- x WA feet.
3. Ownership
I
(a) Name and address of owner (if joint ownership, give all names):
Gre or Follansbee a y n ee #1 0 Lacy S rPPt-, North Anr3nypr, MA fll Ras„
Date of purchase March 7, 1989 ,Previous -Owner' E & F Builders, Inc.
(b) If applicant is not owner, check his interest in the premises:
Prospective Purchaser. Lesee... Other (explain)
proposed g
14. Size of ro osed buildi: N/p, front; feet deep;n
Height: stories; feet. j
�a) Approximate date of erection:
b) Occupancy or use of each floor:
(c) Type of construction:
15. Size of existing building: 42 feet front; 28 feet deep;
Height: 1 1/2 stories;. 22 feet.
(a) Approximate date of erection: June 1989
(b) Occupancy or use of each floor: residential
(c) Type of construction: wood frame
6. Has there been a previous appeal, under zoning, on these premises?
I f
so.,, -when? _......�...___W _......_ __. .
17.� Description of relief sought on this petition See narrative attached
3. Deed recorded in the Registry of Deeds in Book 2896 Page 314 or
Land',Co.urt Certificate No. Book Page
The principal points upon which I base my application are as follows:
(Must be .stated in detail)
See narrative attached
I
I agree to pay for advertising in newspaper and incidental expenses*
etitione r's Signature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. These -forms shall be furnished by the clerk
upon request. Any communication purporting to be an application
shall be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed.
Every application shall be submitted with a list of "Parties in
Interest" which list shall include the petitioner, b
of land directly opposite on an s utters, owners
y public or private street or way, i
and abutters to the abutters within three hundred feet of the property
line of the petitioner as they appear on the most recent applicable
tax list, notwithstanding that the land of any such owner is located
in another city or town, the Planning Board of the city or town, and
the Planning Board of every abutting city or town.
* Every application shall be submitted with an application charge cost
in the amount of $25.00. In addition, the petitioner shall be respon-
sible for any and all costs involved in bringing the petition before
the Board. Such costs shall include mailing and publi_a ion,..but
are—not necessaflly 11 nil ed to these.
LIST OF PARTIES IN INTEREST
Name Address
See abutters list attached
(Use additional sheets if necessary)
h
7.2
7.3
7.4
be deemed to be transferred in violation of the
provisions hereof.
Street Frontage
Minimum street frontage shall be as set forth in Table
2. In no case shall actual street frontage attKe' street-
line
treetline be less than seventy-five (75) feet. —Corner lots
shall be required to have the required frontage only on.
one street.
1. Minimum street frontage exceptions for large lots:
notwithstanding the above provisions, a lot in any
tesidential district need not have the specified
amount of street frontage, provided that:
a. The area of the lot exceeds by three (3) times
the minimum lot area required for that
district;
b. The lot has a minimum continuous street
frontage of not less that fifty (50) feet and
a width of not less than (50 ) feet at any point
between the street -And,the site of the
dwelling;
c. There is not more than one other such lot with
frontage contiguous to it: and
d. It is not so located as to block the possible
future extension of a dead end street.
e. No such lot as described above on which a
dwelling is located, shall be hereafter reduced
in area below the minimum area required in
Section 7.2.1 (1985/16)
Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set
forth in Table 2, except for eaves and uncovered steps.
Buildings on corner lots shall have the required front
setback from both streets, except in Residence 4 (R-4)
District, where the setback from the side street shall
be twenty (20) feet minimum.
Building Heights
Maximum heights of buildings and structures shall be as
set forth in Table 2. The foregoing limitations of
height in feet in the designated zoning districts shall
not apply to:
77.
1. Farm buildings on farms of not less than ten (10)
acres.
2. Nor. shall they apply to chimneys, ventilators,
skylights, tanks, bulkheads, penthouses, processing
towers, and other accessory structural features
usually erected at a height greater than the.main
roofs of any buildings.
3. Nor to domes, bell towers, or spires of churches or
other- buildings, provided all features are in. no way
used for living purposes.
4. And further provided that no such structural feature
of any non -manufacturing building shall exceed a
height of sixty-five (65).feet from the ground.
5. Nor of a manufacturing building a height of eighty-
five (85) feet from the ground.
7.4.1 Lot Width
The width on any lot created shall have a minimum
lot width of fifty (50) feet between the legal
frontage and building set back to the front building
line. (1985/24)
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in
Table 2. Lot coverage shall mean the percent of the lot
covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in
Table 2. FAR is the ratio between the total amount of
building floor area on all usable floors and the area of
the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre)
shall be as set forth instable 2.
'70
5: I
1. Farm buildings on farms of not less than ten (10)
acres.
2. Nor. shall they apply to chimneys, ventilators,
skylights, tanks, bulkheads, penthouses, processing
towers, and other accessory structural features
usually erected at a height greater than the.main
roofs of any buildings.
3. Nor to domes, bell towers, or spires of churches or
other- buildings, provided all features are in. no way
used for living purposes.
4. And further provided that no such structural feature
of any non -manufacturing building shall exceed a
height of sixty-five (65).feet from the ground.
5. Nor of a manufacturing building a height of eighty-
five (85) feet from the ground.
7.4.1 Lot Width
The width on any lot created shall have a minimum
lot width of fifty (50) feet between the legal
frontage and building set back to the front building
line. (1985/24)
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in
Table 2. Lot coverage shall mean the percent of the lot
covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in
Table 2. FAR is the ratio between the total amount of
building floor area on all usable floors and the area of
the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre)
shall be as set forth instable 2.
'70
rti
Narrative to accompany
Application for Variance - Gregory Follansbee
#10 Lacy Street, North Andover, MA
Request: The Applicant is seeking a variance under Section 7 of
the Zoning By-law particularly paragraphs 7.4.1., 7.2.1.a
and 7.2.1.b.
History: This parcel was created in December 1976 when a large
tract of land was subdivided by Daniel E. Hogan (See
N.E.R.D. Plan #7535 record December 23, 1976). At the
time of the subdivision the lot had frontage of 150 feet
in one location and 172 feet of frontage in another
location and was comprised of two parcels of and, one
referred to as Lot B (6.36 by assessors records) and the
other being the residual of Lot "A" (5.09 acres by
assessors records). The lot has remained as one parcel
since 1984 when a portion of Lot B was sold.
At the 1985 Town Meeting articles were adopted which
created Section 7.2 and Section 7.4., creating a minimum
lot width from the street line to the dwelling site to
be at least 50 feet and created "frontage exception
lots," allowing 3 times the lot area to lots only having
50 feet of frontage.
At the 1987 Town Meeting, articles were adopted changing
the then R-2 Zoning District to the existing R-1 Zoning
District, now requiring 2 acre minimum lots where 1 acre
lots were previously allowed.
The Current
Facts: A recent calculation of the boundary of the lot
shows that the parcel is 11.1 with a frontage of
150 feet and a lot width (where it narrows) of 76
feet. In June of 1989 a structure was built on the
property; subsequent to the issuance of an Order of
Conditions from the Conservation Commission to build
a driveway over a wetland resource area; quite close
to an existing pond.
The Request:
The applicant wishes to subdivide the parcel into two
lots, one complying to the existing zoning bylaw and the
other having the required frontage however lacking lot
width and area. The applicant proposes to use the
existing driveway as a common driveway in order to
minimize the wetland disturbance.
The variance should be granted because of the following conditions
which effect the land and without the granting of the variance the
owner will suffer substantial hardship.
1. The lot previously enjoyed the right to be subdivided into 2-
3 acre lots prior to 1987 when the zoning changed to two acre
lots.
2. The applicant proposes the lots to be serviced by a common
driveway i.e. a single driveway will cross the narrow portion
of the lot measuring 76 feet; conventional "porkchop" lot is
50 feet wide.
3. A pond and wetland area exists on the parcel which makes
conventional subdivision of the parcel economically unfeasible
and environmentally impractical for the following reasons:
A. A roadway approximately 600 feet long with a cul-de-sac
of 120 feet in diameter would have to be built in order
to create enough frontage to subdivide the tract into 2
acre lots.
B. The pond and wetland resource areas pose a sever
limitation on the parcel if a roadway is to be proposed.
C. The shape of the "throat" of the parcel leading to Lacy
Street creates a hardship which requires a long road to
be built in order to utilized the buildable portion of
the tract.
4. The soil conditions are ideal on the parcel which creates
little limitation to the subsurface disposal of sanitary
sewage therefore posing no environmental impact to the
groundwater or the neighborhood.
5. Granting of the Variance will not circumvent the intent of the
By -Law. The original intent of changing from one acre lots
to two acre lots was for the protection of the watershed of
Lake Cochicewick. This parcel of land flows into the Mosquito
Brook Watershed and poses no threat to the water supply of the
Town.
6. Granting a Variance will not derogate from the intent of the
By -Law since its intent was to preserve water quality in the
lake. In addition, the common driveway will create a single
driveway through the narrow portion of the lot, 76 feet wide;
which is greater than most porkchop lots (50 feet wide)
minimizing environmental impact.
7. Granting a Variance will not cause hardship to the inhabitants
of the Town of North Andover. Please note on the assessors
map that primarily all of the lots in the neighborhood are one
acre lots and most of the land bounding this tract has already
been subdivided. Subdividing this tract into two lots would
yield tow lots which will be substantially larger then any
buildable lot in the neighborhood.
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iI I11J1\I \1�1I11'1^. /T1/\ r,•�•r`Y TI' r+� \1 IU
fit tottutdo to4erraf, thesaid B & F Builders, Inc.
has caused its corporate seal to be hereto mixed and thm presents to be sighed, acknowledged and delivered
in its name and behalf by V. Scott Follanobee
its President & Treasurebereto duly authorized, this 7th
day of March In the year one thousand nine hundred and eighty nine.
Signed and scaled in presence of
........................... ..
E & F Builders,- Inc.
by
Z0400VIV
V. Scott Follansbol President & ltreasurer
r .........:...:.................
Mks (om n ttulyd114 of Attaud, 4uUng
Essex $a, March 7 1989
Then personally appeared the above named V. Scott Follansbee, President and Treasurer of
E F Buizz er , In .
and acknowietec� the foregoing instrument to be the free act and deed of the' E &1' V Builders ►- 4n .
before me
Mark ohnson, Eaq.Nowy puapc
My commission expires...,....x./,.10L92..................... . 14
CHAPTER 183 SEC. 6 AS AMENDED BY CHAPTER •197 OF 1969
Every deed preser.ted for record ,hall contain or have endorsed upon it the full name, residence and post office address of the grantee and
a recital of the amount of the full consideratloo thereof in dollars or the nature of the other consideration therefor. if not delivered for a
specific monetary sum, The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by thegranter or remaining thereon.. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with
this section shall not affect the validity of any deed, No register of deeds shall accept it deed for recording; unloss 11 is in complisnoe wish the
t�equiteme'nts of this section.
MAISACHYearra quITCLAM OL11D sY .00hta0*ATION tiMORT FORM) feu
.
i
314
' E b F Builders, Inc.
A corporation duly established under the laws of Massachusetts
and having its usual place of business at WA49crL. (Zda, No
: ����
Coant� Masteachus�ts
for consideration paid, and in full consideration of One Dollar ($1.00) and
other valuablelt`
consideration,
grants to Gregory Follansbse PO ASA I. BU's NOW
of North Andover, Massachusetttl
.,
with spiulaiai tst{t�tuiutA
the land In North Andover, ksaex County.
(Description VA tswumbennaes, it tray)
'l
•
SEE EXHIBIT A
.
V N-6 21.
' ;C
fit tottutdo to4erraf, thesaid B & F Builders, Inc.
has caused its corporate seal to be hereto mixed and thm presents to be sighed, acknowledged and delivered
in its name and behalf by V. Scott Follanobee
its President & Treasurebereto duly authorized, this 7th
day of March In the year one thousand nine hundred and eighty nine.
Signed and scaled in presence of
........................... ..
E & F Builders,- Inc.
by
Z0400VIV
V. Scott Follansbol President & ltreasurer
r .........:...:.................
Mks (om n ttulyd114 of Attaud, 4uUng
Essex $a, March 7 1989
Then personally appeared the above named V. Scott Follansbee, President and Treasurer of
E F Buizz er , In .
and acknowietec� the foregoing instrument to be the free act and deed of the' E &1' V Builders ►- 4n .
before me
Mark ohnson, Eaq.Nowy puapc
My commission expires...,....x./,.10L92..................... . 14
CHAPTER 183 SEC. 6 AS AMENDED BY CHAPTER •197 OF 1969
Every deed preser.ted for record ,hall contain or have endorsed upon it the full name, residence and post office address of the grantee and
a recital of the amount of the full consideratloo thereof in dollars or the nature of the other consideration therefor. if not delivered for a
specific monetary sum, The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by thegranter or remaining thereon.. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with
this section shall not affect the validity of any deed, No register of deeds shall accept it deed for recording; unloss 11 is in complisnoe wish the
t�equiteme'nts of this section.
,� , •. ,'. ;.; ' :315 ..
EXHIBIT A
Two certain parcels of land situated in North A>ndovel,�'!r,:'`
Essex County and more particularly described as follower
Lots A & B on the northerly side of Forest "street and>;r'�``*'
Lacy Streets in North Andover, Essex County, Massachusetts and
shown on a plan of land entitled It Plan of Land ' in North
Andover, Mass., as subdivided by Daniel EHogan dated November
1976" and recorded with Essex North District Registry of Deedr,',':.:
.as Plan No. 7535.
Excepting from this conveyance ,a portion of lot A
conveyed to V. Scott Follansbee by deed of grantor -dated "June4d2l
1978 and recorded in the Essex North registry of' deeds in Book
1342 Page 6991 as shown on Plan of Land recorded in said
registry to plan Noo7842.
Also excepting from this conveyance a portion of lot'b3:..
conveyed to R & W Builders by deed of grantor dated September
20, 1978, and recorded in the Essex North Registry of Deeds in.�
Book 1351, page 397, as shown on Plan of Land recorded in the, ,
Eesex,North Registry of Deeds as plan No. 7913, as Lot 20. h
For title to Lot A see deed dated Deoember 12, 19761'!
and recorded in the Essex North Registry of Deeds in.Book 1299;
page 12.: 'For title to Lot B seta dead dated June 198 1978, and'
recorded in the Essex North Registry of Deeds in Book 1342, page
3536
This conveyance does not represent all or substantially,.-.,.
,all of the assets of the corporation.
Recorded Mar.8,1989 at 1:1PM #4659
944 eammanwralth sit magaarflusrtts ,
Essex as, March 7 1999
Then personally appeated the above named. Y. Scott Follansbee, President and Treasurer of
E F 9uildare� In .
an atkno�v a gE tkte oregoing instrument to be. the free act and deed of the' E AvIr Builders,+�In
before me S, 1.1 L .
Mark ohnson, AsgVotaryPublic
Mycommission expires ........ U1019A........... ... ................... 19
CHAPTER Iss SEC, 6 AS AMENDED BY CHAPTER 497 OF 1969
Every deed presented for record shall contain or have endorsed upon It the full name, residence and post office address of the grantee and
a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, If not delivered for a
specific monetary sum. The full consideration shell mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by thegtantee or remaining thereon. All such endorsements and recitals shell be recorded as part of the deed, failure to comply with
this section shall not atfect the validity of any deed, No register of deeds shall accept a deed for recording unless It is in compliance with the
requirements of this section.
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Date- __&R-2 tl 1001 TOW11 OF NORTH ANDOVER, MASSACHUSETTS �� •
Ir BOARD OF APPEALS "`•��'
Time.
Notice: T -his application must be typewritten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
01845
Applicant Gregory Follansbee Address PO Box 398 North Andover, MA
1. Application is hereby made
Section 7 ParagraEh 7.4.1
(a) For a variance from the requirements of Section 7 Paragraph7.2.1.a
and- Table of thee Zoning By -Laws -.-Section 7 Paragralh 7.2.1.b
(b)
For a Special Permit under Section Paragraph
of the
Zoning By -Laws.
(c)
As a party aggrieved, for review
of a decision made
by the Building
Inspector or other authority.
2. (a)
Premises affected are land x
and buildings)
numbered
A10 Lacy Street
Street.
(b)
Premises affected are property with
frontage on the
North (x )
South ( ) East ( ) West ( )
side of Lacy Street
Street,.and known as No. #10
Street.
(c)
Premises affected are in Zoning
District R-1 and
the premises
i
e e aff ct d have an area of
.,square quafeet f t and
frontage of
150 = feet.
3. Ownership
(a)
Name and address of owner (if joint
ownership, give
all names): {
Gregory
a v Follansbee # 10I Lacy rPPt
� North Ant�n�TPr, �
i
MA � � ft 4 S y.
Date of purchase March 7, 1989
Previous• Own-- r' E &
J1
F Builders, Inc. j
(b)
If applicant is not owner, check
his interest in the
premises:
Prospective Purchaser.. Lese.e.. Other (explain)
4. Size of proposed building: N/A front; feet deep;
Height: stories ; feet. fi
(a) Approximate date of erection:
(b) Occupancy or use of each floor:
(c) Type of construction:
5. Size of existing building: 42 feet front; 28 feet deep;
Height: 1 1/2 stories; 22 feet.
(a) Approximate date of erection: June 1989
(b) Occupancy or use of each floor: residential
(c) Type of construction: wood frame
6. Has there been a previous appeal, under zoning, on these premises?
If so, when? no
7. Description of relief sought on this petition See narrative attached
3. Deed recorded in the Registry of Deeds in Book 2896 Page 314 or
Land',-Co,urt Certificate No. Book Page
I
The principal points upon which I base my application are as ,follows:
(Must be stated in detail)
See narrative attached
f,.
I agree to pay for advertising in newspaper and incidental expenses*
- 1r=l -� �.--2 Petitioner's Signature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. -These.-forms shall be furnished by the clerk
upon request. Any communication purporting to be an application
shall be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed.
Every application shall be submitted with a list of "Parties in
Interest" which list shall include the petitioner, abutters, owners
of land directly opposite on any public or private street or way,
and abutters to the abutters within three hundred feet of the property
line of the petitioner as they appear on the most recent applicable
tax list, notwithstanding that the land of any such owner is located
in another city or town, the Planning Board of the c'ity or town, and
the Planning Board of every abutting city or town.
* Every application shall be submitted with an application charge cost
in the amount of $25.00. In addition, the petitioner shall be respon-
sible for any and all costs involved in bringing the petition before
the Board. Such costs shal 1 i ncl ude mai 1 i ng and publ i cation ._-b-ut
- are- not necessar ly 1 1nii te to these.
LIST OF PARTIES IN INTEREST
Name Address
See abutters list attached
(Use additional sheets if necessary)
F` e
Narrative to accompany
Application for Variance - Gregory Follansbee
#10 Lacy Street, North Andover, MA
Request: The Applicant is seeking a variance under Section 7 of
the Zoning By-law particularly paragraphs 7.4.1., 7.2.1.a
and 7.2.1.b.
History: This parcel was created in December 1976 when a large
tract of land was subdivided by Daniel E. Hogan (See
N.E.R.D. Plan #7535 record December 23, 1976). At the
time of the subdivision the lot had frontage of 150 feet
in one location and 172 feet of frontage in another
location and was comprised of two parcels of and, one
referred to as Lot B (6.36 by assessors records) and the
other being the residual of Lot "A" (5.09 acres by
assessors records). The lot has remained as one parcel
since 1984 when a portion of Lot B was sold.
At the 1985 Town Meeting articles were adopted which
created Section 7.2 and Section 7.4., creating a minimum
lot width from the street line to the dwelling site to
be at least 50 feet and created "frontage exception
lots," allowing 3 times the lot area to lots only having
50 feet of frontage.
At the 1987 Town Meeting, articles were adopted changing
the then R-2 Zoning District to the existing R-1 Zoning
District, now requiring 2 acre minimum lots where 1 acre
lots were previously allowed.
The Current
Facts: A recent calculation of the boundary of the lot
shows that the parcel is 11.1 with a frontage of
150 feet and a lot width (where it narrows) of 76
feet. In June of 1989 a structure was built on the
property; subsequent to the issuance of an Order of
Conditions from the Conservation Commission to build
a driveway over a wetland resource area; quite close
to an existing pond.
The Request:
The applicant wishes to subdivide the parcel into two
lots, one complying to the existing zoning bylaw and the
other having the required frontage however lacking lot
width and area. The applicant proposes to use the
existing driveway as a common driveway in order to
minimize the wetland disturbance.
w
The variance should be granted because of the following conditions
which effect the land and without the granting of the variance the
owner will suffer substantial hardship.
1. The lot previously enjoyed the right to be subdivided into 2-
3 acre lots prior to 1987 when the zoning changed to two acre
lots.
2. The applicant proposes the lots to be serviced by a common
driveway i.e. a single driveway will cross the narrow portion
of the lot measuring 76 feet; conventional "porkchop" lot is
50 feet wide.
3. A pond and wetland area exists on the parcel which makes
conventional subdivision of the parcel economically unfeasible
and environmentally impractical for the following reasons:
A. A roadway approximately 600 feet long with a cul-de-sac
of 120 feet in diameter would have to be built in order
to create enough frontage to subdivide the tract into 2
acre lots.
B. The pond and wetland resource areas pose a sever
limitation on the parcel if a roadway is to be proposed.
C. The shape of the "throat" of the parcel leading to Lacy
Street creates a hardship which requires a long road to
be built in order to utilized the buildable portion of
the tract.
4. The soil conditions are ideal on the parcel which creates
little limitation to the subsurface disposal of sanitary
sewage therefore posing no environmental impact to the
groundwater or the neighborhood.
5. Granting of the Variance will not circumvent the intent of the
By -Law. The original intent of changing from one acre lots
to two acre lots was for the protection of the watershed of
Lake Cochicewick. This parcel of land flows into the Mosquito
Brook Watershed and poses no threat to the water supply of the
Town.
6. Granting a Variance will not derogate from the intent of the
By -Law since its intent was to preserve water quality in the
lake. In addition, the common driveway will create a single
driveway through the narrow portion of the lot, 76 feet wide;
which is greater than most porkchop lots (50 feet wide)
minimizing environmental impact.
7. Granting a Variance will not cause hardship to the inhabitants
of the Town of North Andover. Please note on the assessors
map that primarily all of the lots in the neighborhood are one
A..
acre lots and most of the land bounding this tract has already
been subdivided. Subdividing this tract into two lots would
yield tow lots which will be substantially larger then any
buildable lot in the neighborhood.
be deemed to be transferred in violation of the
provisions hereof.
7.2 Street Frontage
Minimum street frontage shall be as set forth in Table
2. In no case shall actual street frontage at' th"e stree-t-
line be less than seventy-five ( 75 ) feet. --Corner lots
shall be required to have the required frontage only on.
one street.
1. Minimum street frontage exceptions for large lots:
notwithstanding the above provisions, a lot in any
residential district need not have the specified.
amount of street frontage, provided that:
a. The area of the lot exceeds by three (3) times
the minimum lot area required for that
district;
b. The lot has a minimum continuous street
frontage of not less that fifty (50) feet and
a width of not less than ( 50 ) feet at any point
between the street and the site of the
dwelling;
C. There is not more than one other such lot with
frontage contiguous to it: and
d. It is not so located as to block the possible
future extension of a dead end street.
e. No such lot as described above on which a
dwelling is located, shall be hereafter reduced
in area below the minimum area required in
Section 7.2.1 (1985/16)
7.3 Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set
forth in Table 2, except for eaves and uncovered steps.
Buildings on corner Tots shall have the required front
setback from both streets, except in Residence 4 (R-4)
District, where the setback from the side street shall
be twenty (20) feet minimum.
7.4 Building Heights
Maximum heights of buildings and structures shall be as
set forth in Table 2. The foregoing limitations of
height in feet in the designated zoning districts shall
not apply to:
77.
1. Farm buildings on farms of not less than ten (10)
acres.
2. Nor. shall they apply to chimneys, ventilators,
skylights, tanks, bulkheads, penthouses, processing
towers, and other accessory structural features
usually erected at a height greater than the main
roofs of any buildings.
3. Nor to domes, bell towers, or spires of churches or
other- buildings, provided all features are in no way
used for living purposes.
4. And further provided that no such structural feature
of any non -manufacturing building shall exceed a
height of sixty-five (65) feet from the ground.
5. Nor of a manufacturing building a height of eighty-
five (85) feet from the ground.
7.4.1 Lot Width
The width on any lot created shall have a minimum
lot width of fifty (50) feet between the legal
frontage and building set back to the front building
line. (1985/24)
3'
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in
Table 2. Lot coverage shall mean the percent of the lot
covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in
Table 2. FAR is the ratio between the total amount of
building floor area on all usable floors and the area of
the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre)
shall be as set forth in 'Fable 2.
.....
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MA94ACNUertTa OUITCLAM D[gD DV .QQkPORAT1QU (UORT PCOM$ $84
314 E b F Builders, Inc.
A corporation duly established under the laws of Massachusetts
and having its usual place of business at WA41dra.. rij�*. Nis P4V%4* *.-t.:
: �t'.�►��' Coon , Masiachus�m i
for consideration paid, and In full consideration of One Dollar ($1.00) and other • valuable ` ,
consideration,
grants to Gregory Follansbee Po Eta i. 3U's No. Av%bo
Of North Andover$ Massachusetts
with glsWIalm �rowrpawtitt�
the land In North Andover, kseexr
County
(DwAlption and eacttmbnam, if ipy)
• ...V l
SEE EXHIBIT A
1 , ,
`I3At:1T.
c
t
�tt Wtutgo to4orraf f the said E b F Builders, Inc.
hes caused Its corporate seal to be hereto affixed and thm presents to be signed, acknowledged and delivered
In its name and behalf by V. Scott Follansbee
i' its President b: Treasurshereto duly authorized, this 7th
day of March in the year one thousand nine hundred and eighty nine.
Signed' and sealed in presence of
E b F Builders, Inc.'
...................,..,.,...........................,....,. „ . „ ...,,.........., ..........,. .........,..,,..,..
by
V. Scott Follansbee, President b fregiiure>r
is.......... ,.:.....................
CumtnottwirA114 of Aasstlr4untu
Essex ss, March 7 1989
Then personally appeared the above named V. Scott Follansbee, President and Treasurer of
$F Bui c�er In .
Antacknow edged the foregoing instrument to be the free act and deed of the E & ; F Builders r >;In .
before me
• , ' .11. ,Mr1 ............
Mark ohnsons Esq,IVotiq P#c
My commission expires........ZJ.,1GLIZ.............................t9
CHAP'T'ER 183 SEC. 6 AS AMENDED BY CHAPTER •197 pF 1969
Every decd presented fat record shall contain or have endorsed upon it the full name, residence and port office address of the granter and
a recital of the amount of the full considerstlou thereof In 40110rs of the nature of the other consideration therefor, if not delivered for e
specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by the grsntee or remaining thereon. All such endorsements and recitals shall be recorded as Fart of the deed. Failure to comply with
this section shall not effect the validity of any dted, No register of deeds shall accept a deed for tecordina union it is in compliaoa with the
requirements of this section.
.' o .0
1 44
EXHIBIT A .,.'
Two certain parcels of land situated in North Andovoi" j
Essex County and more particularly described as followst j
Lots A & B on the northerly side of Forest "9treaeht
Lacy streets in North Andover, Essex County, Massachusetts
shown on a plan of land entitled e1 Plan of Land ' in North
Andover, Mass., as subdivided by Daniel E. Hogan dated Noveember
1976" and recorded with Essex North District Registry of Deedss
,as Plan No. 7535...,'
Excepting from this convsyanoe , a portion of lot A
conveyed to V. Scott Foilanssbee by dewed of grantor 'dated 'Ju»e'�91Y
1978 and recorded in the Essex North registry of'deads in Book"''
1342 Page 699, as shown on Plan of Land recorded in said
registry is plan No.7842.
j
Also excepting from this conveyance a portion of lot's
conveyed to R & W Builders by deed of grantor dated September :''
20, 1978, and recorded in the Essex North Registry of Deeds in`
Book 1351, page 397, as shown on Plan of Land recorded in the..*"`�.�
Essax•North Registry of Deeds as plan No. 79138 as Lot 20.
For title to Lot A see dead dated Deoember 12,
and recorded in the Essex North Registry of Deeds in.Book 1.299;
page 12. For title to Lot B sea dead dated June 19, 1978, and
recorded in the Essex North Registry of Deeds in Book 1342, page
353.
This conveyance does not represent all or substantially
.all of the assets of the corporation.
Recorded Mar*8,1989 at 1 s 1 PM #4659
4rht eat">nts t1w>raii44 at lanls etwhuffitlss
Essax as, March 7 1989
Then personally Tpeared the &hove named V. Scott Follansbee, President and Treasurer of
E F Bui dder � an atcknow�edSec� th> oregoing instrument to be the free act and deed of the' E 3p7If Builders,.'iln .
before me
Mark .(,tfohnson, Asq.Noiry Public
, »,
Mycommiaslon expires ........Z.��,���.................................. 19
CHAPTER 133 SEC. 6 AS AMENDED BY CHAPTER 497 OF 1969
Every deed presented for record shall contoln or have endorsed upon it the full name, residence and post office address of the grantee and
a recital of the amount of the full convideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a
specific monetary sum. The full consideration shell mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by the �rantee or remaining thereon. All such endorsements and recitals shall be recorded ss part of the deed, Failure to comply with
this section shat not effect the validity of any deed...No register of deeds shall accept a deed for recording unless it is in compliance with the
requirements of this section.
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DaTOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD -OF APPEALS «;�J; •
Time ' R 2 91991. ,� sACHU
Notre: This application must be typewritten
i 'APPLI:CAT'I.bN Iro*kR!iRELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Gregory Follansbee
1. Application is hereby made
01845
Address PO Box 398 North Andover, MA
Section 7 Paragralh 7.4.1
(a) For a variance from the requirements of Section 7 Paragraph7.2.1.a
.and,Table of the- Zoning By-Laws•.•.Section 7 Paragralh 7.2.1.b
(b) For a Special Permit under Section Paragraph of the
Zoning By -Laws.
(c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority.
2. (a) Premises affected are land x and building(s) numbered
_#10 Lacy Street Street.
(b) Premises affected are property with frontage on the North (x )
South ( ) East ( ) West ( ) side of Lacy Street
Street, and known as No. #10 Street.
(c) Premises affected are in Zoning District R-1 , and the premises
affected have an area of ,square feet and frontage of
150 _, AWA feet.
3. Ownership
I
(a) Name and address of owner (if joint ownership, give all names):
Gregory Follansbee
, North Andnypr, �
Date of purchase March 7, 1989 Previous- Ow6ei r' E & F Builders, Inc. !
(b) If applicant is not owner, check his interest in the premises:
Prospective Purchaser. Lese.e.... Other (explain)
14. Size of proposed building: N/A front; feet deep;
'Height: stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
(c) Type of construction:
5. Size of existing building: 42 feet front; 28 feet deep;
Height: 1 1/2 stories;. 22 feet.
(a) Approximate date of erection: June 1989
(b) Occupancy or use of each floor: residential
(c) Type of construction: wood frame
16. Has there been a previous appeal, under zoning, on these premises?
If: s o when ? no
7. Description of relief sought on this petition See narrative attached
8. Deed recorded in the Registry of Deeds in Book 2896 Page 314 or
Land',Co,urt Certificate No. Book Page
f
The principal points upon which I base my application are as follows:
(Must be .stated in detail)
RPP narrative attached
I agree to pay foradvertising in newspaper and incidental expenses*
Petitioner's Si
Sec. 1 APPLICATION FORM
nature
Every application for action by the Board shall be made on a form
approved by the Board. -These.-forms shall be furnished by the clerk
upon request. Any communication purporting to be an application
shall be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed.
Every application shall be submitted with a list of "Parties in
Interest" which list shall include the petitioner, abutters, owners
of land directly opposite on any public or private street
and abutters to the abutters within three hundred feet of thewayproperty
line of the petitioner as they appear on the most recent applicable
tax list, notwithstanding that the land of any such owner is located
in another city or town, the Planning Board of the city or town, and
the Planning Board of every abutting city or town.
* Every application shall be submitted with an application charge cost
in the amount of $25.00. In addition, the petitioner shall be respon-
sible for any and all costs involved in bringing in
theg g the petition before
Board. Such costs shall include mailin
- ar"e--not r�ecessa.__{ - 9 and Rubltlon,_but
rely �m� ed to these.
LIST OF PARTIES IN INTEREST
Name
See abutters list attached
Address
h
(Use additional sheets if necessary)
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Narrative to accompany
Application for Variance - Gregory Follansbee
#10 Lacy Street, North Andover, MA
Request: The Applicant is seeking a variance under Section 7 of
the Zoning By-law particularly paragraphs 7.4.1., 7.2.1.a
and 7.2.1.b.
History: This parcel was created in December 1976 when a large
tract of land was subdivided by Daniel E. Hogan (See
N.E.R.D. Plan #7535 record December 23, 1976). At the
time of the subdivision the lot had frontage of 150 feet
in one location and 172 feet of frontage in another
location and was comprised of two parcels of and, one
referred to as Lot B (6.36 by assessors records) and the
other being the residual of Lot "A" (5.09 acres by
assessors records). The lot has remained as one parcel
since 1984 when a portion of Lot B was sold.
At the 1985 Town Meeting articles were adopted which
created Section 7.2 and Section 7.4., creating a minimum
lot width from the street line to the dwelling site to
be at least 50 feet and created "frontage exception
lots," allowing 3 times the lot area to lots only having
50 feet of frontage.
At the 1987 Town Meeting, articles were adopted changing
the then R-2 Zoning District to the existing R-1 Zoning
District, now requiring 2 acre minimum lots where 1 acre
lots were previously allowed.
The Current
Facts: A recent calculation of the boundary of the lot
shows that the parcel is 11.1 with a frontage of
150 feet and a lot width (where it narrows) of 76
feet. In June of 1989 a structure was built on the
property; subsequent to the issuance of an Order of
Conditions from the Conservation Commission to build
a driveway over a wetland resource area; quite close
to an existing pond.
The Request:
The applicant wishes to subdivide the parcel into two
lots, one complying to the existing zoning bylaw and the
other having the required frontage however lacking lot
width and area. The applicant proposes to use the
existing driveway as a common driveway in order to
minimize the wetland disturbance.
The variance should be granted because of the following conditions
which effect the land and without the granting of the variance the
owner will suffer substantial hardship.
1. The lot previously enjoyed the right to be subdivided into 2-
3 acre lots prior to 1987 when the zoning changed to two acre
lots.
2. The applicant proposes the lots to be serviced by a common
driveway i.e. a single driveway will cross the narrow portion
of the lot measuring 76 feet; conventional "porkchop" lot is
50 feet wide.
3. A pond and wetland area exists on the parcel which makes
conventional subdivision of the parcel economically unfeasible
and environmentally impractical for the following reasons:
A. A roadway approximately 600 feet long with a cul-de-sac
of 120 feet in diameter would have to be built in order
to create enough frontage to subdivide the tract into 2
acre lots.
B. The pond and wetland resource areas pose a sever
limitation on the parcel if a roadway is to be proposed.
C. The shape of the "throat" of the parcel leading to Lacy
Street creates a hardship which requires a long road to
be built in order to utilized the buildable portion of
the tract.
4. The soil conditions are ideal on the parcel which creates
little limitation to the subsurface disposal of sanitary
sewage therefore posing no environmental impact to the
groundwater or the neighborhood.
5. Granting of the Variance will not circumvent the intent of the
By -Law. The original intent of changing from one acre lots
to two acre lots was for the protection of the watershed of
Lake Cochicewick. This parcel of land flows into the Mosquito
Brook Watershed and poses no threat to the water supply of the
Town.
6. Granting a Variance will not derogate from the intent of the
By -Law since its intent was to preserve water quality in the
lake. In addition, the common driveway will create a single
driveway through the narrow portion of the lot, 76 feet wide;
which is greater than most porkchop lots (50 feet wide)
minimizing environmental impact.
7. Granting a Variance will not cause hardship to the inhabitants
of the Town of North Andover. Please note on the assessors
map that primarily all of the lots in the neighborhood are one
acre lots and most of the land bounding this tract has already
been subdivided. Subdividing this tract into two lots would
yield tow lots which will be substantially larger then any
buildable lot in the neighborhood.
7.2
7.3
7.4
be deemed to be transferred in violation of the
provisions hereof.
Street Frontage
Minimum street frontage shall be as set forth in Table
2. In no case shall actual street frontage at'tKe street
line be less than seventy-five (75) feet. —Corner lots
shall be required to have the required frontage only on.
one street.
1. Minimum street frontage exceptions for large lots:
notwithstanding the above provisions, a lot in any
residential district need not have the specified
amount of street frontage, provided that:
a. The area of the lot exceeds by three (3) times
the minimum lot area required for that
district;
b. The lot has a minimum continuous street
frontage of not less that fifty (50) feet and
a width of not less than ( 50 ) feet at an oint
between the -i—treet—and the site of the
dwelling;
c. There is not more than one other such lot with
frontage contiguous to it: and
d. It is not so located as to block the possible
future extension of a dead end street.
e. No such lot as described above on which a
dwelling is located, shall be hereafter reduced
in area below the minimum area required in
Section 7.2.1 (1985/16)
Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set
forth in Table 2, except for eaves and uncovered steps.
Buildings on corner Tots shall have the required front
setback from both streets, except in Residence 4 (9-4)
District, where the setback from the side street shall
be twenty (20) feet minimum.
Building Heights
Maximum heights of buildings and structures shall be as
set forth in Table 2. The foregoing limitations of
height in feet in the designated zoning districts shall
not apply to:
77.
1. Farm buildings on farms of not less than ten (10)
acres.
2. Nor. shall they apply to chimneys, ventilators,
skylights, tanks, bulkheads, penthouses, processing
towers, and other accessory structural features
usually erected at a height greater than the.main
roofs of any buildings.
3. Nor to domes, bell towers, or spires of churches or
other- buildings, provided all features are in. no way
used for living purposes.
4. And further provided that no such structural feature
of any non -manufacturing building shall exceed a
height of sixty-five (65) -feet from the ground.
5. Nor of a manufacturing building a height of eighty-
five (85) feet from the ground.
7.4.1 Lot Width
The width on any lot created shall have a minimum
lot width of fifty (50) feet between the legal
frontage and building set back to the front building
line. (1985/24)
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in
Table 2. Lot coverage shall mean the percent of the lot
covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in
Table 2. FAR is the ratio between the total amount of
building floor area on all usable floors and the area of
the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre)
shall be as set forth in 'Fable 2.
7Q
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" , MAOSACHVINSM aUITCLAM 0990 OY .09111P01tATION (SHORT *ORM SSI
014 E i'r F Builders, Inc.
A corporation duly established under the laws of Massachusetts
and having its usual place of business at .33 WA49+'d`L.
MN, NO 14v%40V'1L1t
i.
C,'"eVC Qunttr,Massvchus to
for consideration paid, and in full consideration of One
Dollar ($1.00) and other', valuable`"'
consideration,
Wants to Gregory Vollansbss PO 1616 3ff,
No. AA&G&*t.
" of North Andover, Massachusetttl
,
"
with gaitrlahn rQu�aavt�+r
the land in North Andover, kaaex County,
(Description sad eocwnbteaces, it say)
o. Y
SEE
EXHIBIT A
L'
.
I
:f.
ht Wttriri0.0 W40rj?L1f s the said E 6 F Builders, Inc.
has caused its corporate seal to be hereto mixed and these presents to be signed, acknowledged and delivered
in Its name and behalf by V. Scott Follanobee
its President & Treasurebereto duly authorized, this 7th
..
day of March in the
yen one thousand nine hundred and eighty Hina.
Signed and sealed in presence of
E &'FBuilders,- Inc.
by
V. Scott Follansbee, Presidenreasiursir
.........: ...............,......
MommattwFU11 of f
.. he aamuaettsi
Essex ss, March 7 1989
Then personally appeared the above named V. Scott Follansbee, President and Treasurer of
E F Bui er , In
an acknowC gec� the toregoing Instrument to be the free act and deed of the E ' F Builders 6-o In .
before me
i ... ......1.... .... .N. ......1............
Mark ohnson, Esq.NotaryP?. c VVUV
i,
My commission expires ........Z./.. OL9.2............................ 19
CHAPTER 163 SEC. 6 AS AMENDED BY CHAPTER •197 OF 1969
Every deed presented for record shall contain or have endorsed upon it the full name, residence and post o9'ue address of the grantee and
a recital of the amount of the full consideration thereof In dollars or the nature of the other consideration therefor, if not delivered for e
specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by the gtantee or remaining thereon.. All such endorsements and recitals shall be recorded as part of the deed. Failure towmply with
this section shall not affect the vslldity of any deed, No register of deeds shall accept a deed fat recordins unless it is in compliance with the
requirements of this action.
315
EXHIBIT A i
Two certain parcels of land situated in North Andove.�,f
Essex County and more particularly described as followfat f`
Lots A & B on the northerly side of Forest" Stre+Bt. and;k►c; �"' ;."
Lacy Streets in North Andovore Essex County, Massachusetts
shown on a plan of land entitled It Plan of Land'in North
Andover, Mass., as subdivided by Daniel E. Hogan dated November;;
1976tt and recorded with Essex North District Registry of Dee�d1�,
as Plan No. 7535.
Excepting from this conveyance ,a portion of lot A
conveyed to V. Scott Follansbee by deed of grantor"datod Duns'
1978 and recorded in the Essex North registry of doods in Book'"'
1342 Page 6991 as shown on Plan of Land recorded in said
registry its plan No.7642.
Also excepting from this conveyance a portion of lot'B
conveyed to R & W Builders( by deed of grantor dated September.'.';';=
20, 1978, and recorded in the Essex North Registry of Deeds in":':
Book 1351, page 397, as shown on Plan of Land recorded in
Essex North Registry of Deeds as plan No. 7913, as Lot 20.
For title to Lot A see deed darted Deoember 42, 1976,
and recorded in the Essex North Registry of Deeds in Book 1299;
page 12.;"For title to Lot B see deed dated June 19,`1978, and'
recorded in the Essex North Registry of Deeds in Book 2.342, page
3553.
This conveyance does not represent all or substantially--.'-,.
all of the assets of the corporation.
Recorded Mar.8,1989 at 1:1 PM #4659
aIle Mamut ,ttwrrldO at Ana>a>xrhault s
Essex $s,
Then personally appeared the t:bove named. V. Scott Follansbee, President and Treasurer of
E F Bui dder In .
an ncknow4e lee the > otegoing Instrument to be the free act And deed of the' E hi! If BuiideraIn .
before me /� A ,
Mark/8.`tfohnson, Esq
My commiselon expires........11,1913,A.....•........................ 19
CHAPTER 1e3 SRC. 6 AS AMENDED BY CHAPTER 497 OF 1969
Every deed presented for record shall contain or have endorsed upon It the full name, residence and post office address of the grarttee and
a ncltal of the amount of the full consideration thereof in dollars or the nature of the other consideration therefar, if not delivered for a
specific monetary sum. The full consideration shell mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by the8rantee or remaining thereon. All such endorsements and recitals shell be recorded as part of the deed, Failure to comply with
this section shall not affect the validity of any deed, No register of deeds shall accept a deed lot recording unless It is in compliance with the
requiremenn of this section.
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Da'te. = �'-_ , TOWNOF NORTH ANDOVER, MASSACHUSETTS : �_, •
t BOARD OF APPEALS
T i me : APR 2 91991 _ , � �� JswCHUStt`
NNAtice: This application must be typewritten
:AP-PL'ICATtI+ON�'FOR�RELIEF FkOM THE REQUIREMENTS OF THE ZONING ORDINANCE
01845
Applicant Gregory Follansbee Address PO Box 398 North Andover, MA
'1. Application is hereby made
Section 7 Paragralh7.4.1
(a) For a variance from the requirements of Section 7 Paragraph7.2.1.a
and, Table of the Zoning By-Laws,..•Section 7 Paragralh 7.2.1.b
(b) For a Special Permit under Section Paragraph of the
Zoning By -Laws.
(c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority.
2, (a) Premises affected are land x and building(s) numbered
#10 Lacy Street Street.
(b) Premises affected are property with frontage on the North (x )
South ( ) East ( ) West ( ) side of Lacy Street
Street,.and known as No. #10 Street.
(c) Premises affected are in Zoning District R-1 and the premises
affected have an area of .,square feet and frontage of
150 >&A xWA feet..
Ownership
(a) Name and address of owner (if joint ownership, give all names):
Gregory Follansbee #10 Lacy Strept., North Andn pr, MA 01R49 7
Date of purchase March 7, 1989 Yprevious•Own.er' E & R Builders, Inc.
(b) If applicant is not owner, check his interest in the premises:
i
Prospective Purchaser. Lese.e.... Other (explain)
Size of proposed building: N/A front; feet deep;
Height: stories ; feet.
�a) Approximate date of erection:
b) Occupancy or use of each floor:
(c) Type of construction:
5. Size of existing building: 42 feet front; 28 feet deep;
Height: 1 1/2 stories;. 22 feet.
(a) Approximate date of erection: June 1989
(b) Occupancy or use of each floor: residential
(c) Type of construction: wood frame
6. Has there been a previous appeal, under zoning, on these premises?
If so when? no _
17. Description of relief sought on this petition See narrative attached
8. Deed recorded in the Registry of Deeds in Book 2896 Page 314 or
Land',,Co,urt Certificate No. Book Page
The principal points upon which I base my application are as follows:
(Must be stated in detail)
See narrative attached
I agree to pay for advertising in newspaper and incidental expenses*
v
Petitioner's Signature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. -These.-forms shall be furnished by the clerk
upon request. Any communication purporting to be an application
shall be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed.
Every application shall be submitted with a list of "Parties in
Interest" which list shall include the petitioner, abutters, owners
of land directly opposite on any public or private street or way,
and abutters to the abutters within three hundred feet of the property
line of the petitioner as they appear on the most recent applicable
tax list, notwithstanding that the land of any such owner is located
in another city or town, the Planning Board of the city or town, and
the Planning Board of every abutting city or town.
* Every application shall be submitted with an application charge cost
in the amount of $25.00. In addition, the petitioner shall be respon-
sible for any and all costs involved in bringing the petition before
the Board. Such costs shall include mailing and publi a
to these. i.on,_.but
— are i�ut necessarily 7mi ed—
LIST OF PARTIES IN INTEREST
Name
See abutters list attached
Address
(Use additional sheets if necessary)
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Narrative to accompany
Application for Variance - Gregory Follansbee
#10 Lacy Street, North Andover, MA
Request: The Applicant is seeking a variance under Section 7 of
the Zoning By-law particularly paragraphs 7.4.1., 7.2.1.a
and 7.2.1.b.
History: This parcel was created in December 1976 when a large
tract of land was subdivided by Daniel E. Hogan (See
N.E.R.D. Plan #7535 record December 23, 1976). At the
time of the subdivision the lot had frontage of 150 feet
in one location and 172 feet of frontage in another
location and was comprised of two parcels of and, one
referred to as Lot B (6.36 by assessors records) and the
other being the residual of Lot "A" (5.09 acres by
assessors records). The lot has remained as one parcel
since 1984 when a portion of Lot B was sold.
At the 1985 Town Meeting articles were adopted which
created Section 7.2 and Section 7.4., creating a minimum
lot width from the street line to the dwelling site to
be at least 50 feet and created "frontage exception
lots," allowing 3 times the lot area to lots only having
50 feet of frontage.
At the 1987 Town Meeting, articles were adopted changing
the then R-2 Zoning District to the existing R-1 Zoning
District, now requiring 2 acre minimum lots where 1 acre
lots were previously allowed.
The Current
Facts: A recent calculation of the boundary of the lot
shows that the parcel is 11.1 with a frontage of
150 feet and a lot width (where it narrows) of 76
feet. In June of 1989 a structure was built on the
property; subsequent to the issuance of an Order of
Conditions from the Conservation Commission to build
a driveway over a wetland resource area; quite close
to an existing pond.
The Request:
The applicant wishes to subdivide the parcel into two
lots, one complying to the existing zoning bylaw and the
other having the required frontage however lacking lot
width and area. The applicant proposes to use the
existing driveway as a common driveway in order to
minimize the wetland disturbance.
The variance should be granted because of the following conditions
which effect the land and without the granting of the variance the
owner will suffer substantial hardship.
1. The lot previously enjoyed the right to be subdivided into 2-
3 acre lots prior to 1987 when the zoning changed to two acre
lots.
2. The applicant proposes the lots to be serviced by a common
driveway i.e. a single driveway will cross the narrow portion
of the lot measuring 76 feet; conventional "porkchop" lot is
50 feet wide.
3. A pond and wetland area exists on the parcel which makes
conventional subdivision of the parcel economically unfeasible
and environmentally impractical for the following reasons:
A. A roadway approximately 600 feet long with a cul-de-sac
of 120 feet in diameter would have to be built in order
to create enough frontage to subdivide the tract into 2
acre lots.
B. The pond and wetland resource areas pose a sever
limitation on the parcel if a roadway is to be proposed.
C. The shape of the "throat" of the parcel leading to Lacy
Street creates a hardship which requires a long road to
be built in order to utilized the buildable portion of
the tract.
4. The soil conditions are ideal on the parcel which creates
little limitation to the subsurface disposal of sanitary
sewage therefore posing no environmental impact to the
groundwater or the neighborhood.
5. Granting of the Variance will not circumvent the intent of the
By -Law. The original intent of changing from one acre lots
to two acre lots was for the protection of the watershed of
Lake Cochicewick. This parcel of land flows into the Mosquito
Brook Watershed and poses no threat to the water supply of the
Town.
6. Granting a Variance will not derogate from the intent of the
By -Law since its intent was to preserve water quality in the
lake. In addition, the common driveway will create a single
driveway through the narrow portion of the lot, 76 feet wide;
which is greater than most porkchop lots (50 feet wide)
minimizing environmental impact.
7. Granting a Variance will not cause hardship to the inhabitants
of the Town of North Andover. Please note on the assessors
map that primarily all of the lots in the neighborhood are one
ya
acre lots and most of the land bounding this tract has already
been subdivided. Subdividing this tract into two lots would
yield tow lots which will be substantially larger then any
buildable lot in the neighborhood.
7.2
7.3
7.4
be deemed to be transferred in violation of the
provisions hereof.
Street Frontage
Minimum street frontage shall be as set forth in Table
2. In no case shall actual street frontage at' th'e' street
line be less than seventy-five (75) feet. —Corner lots
shall be required to have the required frontage only on
one street.
1. Minimum street frontage exceptions for large lots:
notwithstanding the above provisions, a lot in any
tesidential district need not have the specified
amount of street frontage, provided that:
a. The area of the lot exceeds by three (3) times
the minimum lot area required for that
district;
b. The lot has a minimum continuous street
frontage of not less that fifty (50) feet and
a width of not less than (50 ) feet at any point
between the s reet and he site of the
welling;
c. There is not more than one other such lot with
frontage contiguous to it: and
d. It is not so located as to block the possible
future extension of a dead end street.
e. No such lot as described above on which a
dwelling is located, shall be hereafter reduced
in area below the minimum area required in
Section 7.2.1 (1985/16)
Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set
forth in Table 2, except for eaves and uncovered steps.
Buildings on corner lots shall have the required front
setback from both streets, except in. Residence 4 (9-4)
District, where the setback from the side street shall
be twenty (20) feet minimum.
Building Heights
Maximum heights of buildings and structures shall be as
set forth in Table 2. The foregoing limitations of
height in feet in the designated zoning districts shall
not apply to:
77.
1. Farm buildings on farms of not less than ten (10 )
acres.
2. Nor, shall they apply to chimneys, ventilators,
skylights, tanks, bulkheads, penthouses, processing
towers, and other accessory structural features
usually erected at a height greater than the.main
roofs of any buildings.
3. Nor to domes, bell towers, or spires of churches or
other• buildings, provided all features are in. no way
used for living purposes.
4. And further provided that no such structural feature
of any non -manufacturing building shall exceed a
height of sixty-five (65) -feet from'the ground.
S. Nor of a manufacturing building a height of eighty-
five (85) feet from the ground.
7.4.1 Lot Width
The width on any lot created shall have a minimum
lot width of fifty (50) feet between the legal
frontage and building set back to the 'front building
line. (1985/24)
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in
Table 2. Lot coverage shall mean the percent of the lot
covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in
Table 2. FAR is the ratio between the total amount of
building floor area on all usable floors. and the area of
the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre)
shall be as set forth in T able 2.
'7Q
i
1. Farm buildings on farms of not less than ten (10 )
acres.
2. Nor, shall they apply to chimneys, ventilators,
skylights, tanks, bulkheads, penthouses, processing
towers, and other accessory structural features
usually erected at a height greater than the.main
roofs of any buildings.
3. Nor to domes, bell towers, or spires of churches or
other• buildings, provided all features are in. no way
used for living purposes.
4. And further provided that no such structural feature
of any non -manufacturing building shall exceed a
height of sixty-five (65) -feet from'the ground.
S. Nor of a manufacturing building a height of eighty-
five (85) feet from the ground.
7.4.1 Lot Width
The width on any lot created shall have a minimum
lot width of fifty (50) feet between the legal
frontage and building set back to the 'front building
line. (1985/24)
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in
Table 2. Lot coverage shall mean the percent of the lot
covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in
Table 2. FAR is the ratio between the total amount of
building floor area on all usable floors. and the area of
the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre)
shall be as set forth in T able 2.
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lit ottutl o w4orraf, thesaid E & F Builders, Inc.
has caused its corporate teal to be he mixed and thesta presents to be signed, acknowledged and delivered
In its name and behalf by V. Scott Follansbee
its President & Treasurehereto duly authorized, this 7th
day of March In the year one thousand nine hundred and eighty nine.
Signed and sealed in presence of
• ,... .�....,........................• . I..............
E & F Builders. - Inc.'
1111 .............. ................................, ......... „ . 11 1,1.. ..........,.......... .,...........,......
y
V. BcotC Follansiiee, President & 1eretliiiiurer
.........: ......................
ffiile �somtnlanulsaxittl sAf >�us,�rtluatttis ,
Essex ss, March 7 1989
Then personally appeared the above named V. Scott Follansbee, President and Treasurer of
E F Bui�.
ad@tan acknow ge eor
egoing instrument to be the free act and deed of the' E &�' t?' Builders 6' An .
'. before me
Mark chnson, Esq.Notaq Ptsbw
My commisdon expires........1./.1011L........................... 19
CHAP'T'ER 183 SEC. 6 A9 AMENDED BY CHAPTER 497 OF 1969
Every deed presented for record shall contaln or have endorsed upon it the full name, residence and pat ofike address of the gmtet and
a recital of the amount of the full conhicteratloo thereof In dollars or the nature of the other consideration therefor, if not delivered for a
specific monetary sum, The full consideration shall mean the total price for the conveyance without deduction for any liens or enambrances
assumed by the grantee of rrmalning8 thereon. All such endorsements and recitals $hall be recorded as part of the deed. Failure to comply with
this section $hall not affect the +alldity of any deed, No register of deeds shall accept a deed for recording un1w It is in compliance with the
requirements of this section,
MAOSACHU89 TA QU1TCLAM DtLD DY .0011PONATION (GHORT FORss) es.
E'& F Builders, Inc.
a corporation duly established under the laws of Massachusetts
and having its usual place of business at ;3 WA49CM„
Prot, No Av%4QW4-L
.4,�.�ej< Coun 1, Masstachusi�ts
for consideration paid, and in full consideration of One
Dollar ($1,00) and other. valuable 't'
consideration,
grants to Gregory Follansbee Po 84.i. IM
NO. A040wert.;
of North Andover, Massachusettcs
with 4untialm rQstirtutlata
the land In North Andover, kDsex County;''
(Descriptlen turd etecttmbraooes, if nay) ' .;
L. ';,
A .1
SEE
t � �
EXHIBIT A
J'YYS '
�
•
I N
7 ,
Cq
f
t
lit ottutl o w4orraf, thesaid E & F Builders, Inc.
has caused its corporate teal to be he mixed and thesta presents to be signed, acknowledged and delivered
In its name and behalf by V. Scott Follansbee
its President & Treasurehereto duly authorized, this 7th
day of March In the year one thousand nine hundred and eighty nine.
Signed and sealed in presence of
• ,... .�....,........................• . I..............
E & F Builders. - Inc.'
1111 .............. ................................, ......... „ . 11 1,1.. ..........,.......... .,...........,......
y
V. BcotC Follansiiee, President & 1eretliiiiurer
.........: ......................
ffiile �somtnlanulsaxittl sAf >�us,�rtluatttis ,
Essex ss, March 7 1989
Then personally appeared the above named V. Scott Follansbee, President and Treasurer of
E F Bui�.
ad@tan acknow ge eor
egoing instrument to be the free act and deed of the' E &�' t?' Builders 6' An .
'. before me
Mark chnson, Esq.Notaq Ptsbw
My commisdon expires........1./.1011L........................... 19
CHAP'T'ER 183 SEC. 6 A9 AMENDED BY CHAPTER 497 OF 1969
Every deed presented for record shall contaln or have endorsed upon it the full name, residence and pat ofike address of the gmtet and
a recital of the amount of the full conhicteratloo thereof In dollars or the nature of the other consideration therefor, if not delivered for a
specific monetary sum, The full consideration shall mean the total price for the conveyance without deduction for any liens or enambrances
assumed by the grantee of rrmalning8 thereon. All such endorsements and recitals $hall be recorded as part of the deed. Failure to comply with
this section $hall not affect the +alldity of any deed, No register of deeds shall accept a deed for recording un1w It is in compliance with the
requirements of this section,
:ALlpri., rrtl
315
EXHIBIT A
.Y.
Two certain parcels of land situated in North Andove.g,,r' `'`
Essex County and more particularly described as followst,
Lots A & B on the northerly side of Forest •'street tind,�,:;
Lacy Streets in North Andover, Essex county, Massachusetts
shown on a plan of land entitled 11 Plan of Land ' in North
Andover, Missal as subdivided by Daniel E. Hogan dated November : -
,197611
197611 and recorded with Essex North District Registry of Deedls'•; =
as Plan No. 7535.
Excepting from this oonveyanoee • a portion of lot A >'
conveyed to V. Scott Fol lanobee+ by dewed of grantor `'deiced "our W -ri `' `'�'
1978 and recorded in the Essex North registry ot'deeds in Book."
1342 Page 699, as shown on Plan of Land recorded in said
registry is plan No.7642.
Also excepting from this conveyance a portion of lot 8•
conveyed to R & W Builders by deed of grantor dated September
20, 1978, and recorded in the Essex North Registry of Deeds in.
Book 13511 page 397, as shown on Plan of Land recorded in the;"".;'
Esssx�North Registry of Deeds as Plan No. 7913, as Lot 20.
For title to Lot A see deed dated Deoembsr 12, 1976,
and recorded in the Essex North Registry of Deeds in .Book 1299V
page 12 For title to Lot B see deed dated June 190 1978, and
: -
recorded in the Essex North Registry of Deeds in Book 1342, pe►ge
353,,a^i
This conveyance does not represent all or substantially:.....`*-:
.all of the assets of the corporation. ^?
Recorded Mar ,8,1989 at 1 O PM #4659
,
�i�r �nmmaawr8iiq laf ��s�larftulllrtts '
Essex as, March 7 1989
Then personally appeared the slbove named V. Scott Follansbee, President and Treasurer of
EF Bui dder In
an stknow4e ge the ®oing Instrument to be the free act and deed of the' E hipl? Builders pAlin .
V.before me
Mark ohnson, Asq.Notary Public
Mycommuslon expires ........ U101.22 ....... I ........................ 19
CHAPTER ts3 SEC. 6 AS AMENDED BY CHAPTER 497 OF 1969
Every deed presented for record shall contaln or have endorsed upon It the full name, residence and post office address of the grantee and
a recital of the amount of the full cornideration thereof in dollars or the nature of the other consideration therefot, If not delivered for a
opecific monetary sum. The full consideration shell mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by thegrantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed, Failure to comply with
this section shall not affect the validity of any deed, No register of deeds shall accept a deed for recording unless it is in compliance with the
requirements of this section.
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�$ACNUSt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
C
Date:_'
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ for the following:
Filing Fee $
Postage
$
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
Audrey W. Taylor, Clerk.