HomeMy WebLinkAboutMiscellaneous - 104 HIGH STREET 4/30/2018N
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TOWN OF NORTH ANDOVER
RECEIPT
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WHITE: Applicant CANARY: Department PINK: Treasurer
RECEIVED Town of North Andover f ,jORTF�
JOYCE BRADSHAW Office of the Zoning Board of Appeals
TOWN CLER Community Development and Services Division 1� A
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NORTH ANDOVER �,�,,
27 Charles Street "` ,; .941— "
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1001 JUN I i P 4: 05 North Andover, Massachusetts 01845 cHusE�<
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: 104 High Street
NAME: Saraceno Construction, P. O. Box 86, Methuen
DATE: 6/11/02
MA 01844
ADDRESS: for property at: 104 High Street
PETITION: 2002-020
North Andover, MA 01845
HEARING s : 4/9/02, 6/11/02
The North Andover Zoning Board of Appeals held a public hearing at its regular meeting on
Tuesday, June 11, 2002 at 7:30 PM upon the application of Saraceno Construction, for property
at: 104 High Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.2 of
Table 2 for relief of street frontage on Lot `B" in order to subdivide an existing lot into two
separate lots; one conforming lot and one non -conforming lot.' Lot "A" would have sufficient area
and street frontage, however, lot "B" would have insufficient street frontage within the R-4 zoning
district.
The following Board members were present: Robert P. Ford, Walter F. Soule, Ellen P. McIntyre,
George M. Earley, ,& Joseph D. LaGrasse. William J. Sullivan & Scott A. Karpinski were not
eligible to vote on this petition
Motion was made by Joseph D. LaGrasse and 2°a by Ellen P. McIntyre to grant a variance of
14.67' from the requirements of Section 7, Paragraph 7.2 for relief of street frontage of Lot `B" in
order to subdivide an existing lot into one conforming and one non -conforming lot. Voting in
favor: None. Voting in opposition: Robert P. Ford, Walter F. Soule, Ellen P. McIntyre, George
M. Earley, & Joseph D. LaGrasse on the grounds that substantial detriment to the public good
would occur from increased risk to public safety at the intersection of Prescott Street, the only
vehicle exit for a high-density residence complex, a multi -tenant commercial complex parking lot,
and the proposed driveway on the bend of High Street. The petition would affect the zoning
district in general by allowing a two family building at the rear property line overlooking abutter's
back yards and breaking the character of an older neighborhood where houses are close to the
High Street. Finally, the Board felt that the petitioner created his own hardship. The petition was
DENIED.
Town of North Andover
Board of Appeals,
Robert P. Ford, Acting Chairman
Decision2002-0020
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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Town of Forth Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
Heidi Griffin, Division Director
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Legal Notice
North Andover, Board of Appeals
Telephone (978) 688-9541
Fax(978)688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main Street, North Andover, MA on Tuesday the 90' of April 2002, at 7:30
PM to all parties interested in the appeal of Saraceno Construction, PO Boz 86,
Methuen MA, for premises located at: 104 High Street, North Andover, MA
requesting a Variance from Section 7, Paragraph 7.2 of Table 2 for relief of street
frontage on Lot `B". Applicant wishes to subdivide an existing lot into two separate lots;
Lot "A" has sufficient area and street frontage, however, lot "B" has insufficient street
frontage.
Said premises affected is property with frontage on the West side of High Street within
the R-4 zoning district.
Plans are available for review at the office of the Building Department 27 Charles Street,
North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on March 25 & April 1, 2002.
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Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main Street, North Andover, MA on Tuesday the 90' of April 2002, at 7:30
PM to all parties interested in the appeal of Saraceno Construction, PO Boz 86,
Methuen MA, for premises located at: 104 High Street, North Andover, MA
requesting a Variance from Section 7, Paragraph 7.2 of Table 2 for relief of street
frontage on Lot `B". Applicant wishes to subdivide an existing lot into two separate lots;
Lot "A" has sufficient area and street frontage, however, lot "B" has insufficient street
frontage.
Said premises affected is property with frontage on the West side of High Street within
the R-4 zoning district.
Plans are available for review at the office of the Building Department 27 Charles Street,
North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on March 25 & April 1, 2002.
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BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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RE ICE I V ED Town of North Andover
JOYCE BRADSHAW'J Office of the Zoning Board of Appeals
TOWN CLERK Community Development and Services Division
NORTH ANDOVER
27 Charles Street
1001 JUN I I P 4: 0 5 North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: 104 High Street
Telephone (978) 688-9541
Fax (978) 688-9542
NAME: Saraceno Construction, P. O. Box 86, Methuen
DATE: 6/11/02
MA 01844
ADDRESS: for property at: 104 High Street
PETITION: 2002-020
North Andover, MA 01945
HEARING s : 4/9/02,6/11/02
The North Andover Zoning Board of Appeals held a public hearing at its regular meeting on
Tuesday, June 11, 2002 at 7:30 PM upon the application of Saraceno Construction, for property
at: 104 High Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.2 of
Table 2 for relief of street frontage on Lot `B" in order to subdivide an existing lot into two
separate lots; one conforming lot and one non -conforming lot. Lot "A" would have sufficient area
and street frontage, however, lot `B" would have insufficient street frontage within the R-4 zoning
district.
The following Board members were present: Robert P. Ford, Walter F. Soule, Ellen P. McIntyre,
George M. Earley, & Joseph D. LaGrasse. William J. Sullivan & Scott A. Karpinski were not
eligible to vote on this petition
Motion was made by Joseph D. LaGrasse and 2°d by Ellen P. McIntyre to grant a variance of
14.67' from the requirements of Section 7, Paragraph 7.2 for relief of street fi•ontage of Lot `B" in
order to subdivide an existing lot into one conforming and one non -conforming lot. Voting in
favor: None. Voting in opposition: Robert P. Ford, Walter F. Soule, Ellen P. McIntyre, George
M. Earley, & Joseph D. LaGrasse on the grounds that substantial detriment to the public good
would occur from increased risk to public safety at the intersection of Prescott Street, the only
vehicle exit for a high-density residence complex, a multi -tenant commercial complex parking lot,
and the proposed driveway on the bend of High Street. The petition would affect the zoning
district in general by allowing a two family building at the rear property line overlooking abutter's
back yards and breaking the character of an older neighborhood where houses are close to the
High Street. Finally, the Board felt that the petitioner created his own hardship. The petition was
DENIED.
JUL 0 2 2002
BOARD OF APPEALS
Decision2002-0020
Town of North Andover
Board of Appeals,
Robert P. Ford, Acting Chairman
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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BOARD OF APPEAL: y. 1 ► I
R E v E i �i' E D Town of North Andover
JOYCE BRADSHAW Office of the Zoning Board of Appeals
TOWN CLERK Community Development and Services Division
NORTH ANDOVER
27 Charles Street
1001 JUN I l P 4: 0 5 North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: 104 High Street
Telephone (978) 688-9541
Fax (978)688-9542
NAME: Saraceno Construction, P. O. Box 86, Methuen
DATE: 6/11/02
MA 01844
ADDRESS: for property at: 104 High Street
PETITION: 2002-020
North Andover, ivlA 01 845
HEARING s : 4/9/02, 6/11/02
The North Andover Zoning Board of Appeals held a public hearing at its regular meeting on
Tuesday, June 11, 2002 at 7:30 PM upon the application of Saraceno Construction, for property
at: 104 High Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.2 of
Table 2 for relief of street frontage on Lot `B" in order to subdivide an existing lot into two
separate lots; one conforming lot and one non -conforming lot. Lot "A" would have sufficient area
and street frontage, however, lot `B" would have insufficient street frontage within the R-4 zoning
district.
The following Board members were present: Robert P. Ford, Walter F. Soule, Ellen P. McIntyre,
George M. Earley, & Joseph D. LaGrasse. William J. Sullivan & Scott A. Karpinski were not
eligible to vote on this petition
Motion was made by Joseph D. LaGrasse and Td by Ellen P. McIntyre to grant a variance of
14.67' from the requirements of Section 7, Paragraph 7.2 for relief of street frontage of Lot `B" in
order to subdivide an existing lot into one conforming and one non -conforming lot. Voting in
favor: None. Voting in opposition: Robert P. Ford, Walter F. Soule, Ellen P. McIntyre, George
M. Earley, & Joseph D. LaGrasse on the grounds that substantial detriment to the public good
would occur from increased risk to public safety at the intersection of Prescott Street, the only
vehicle exit for a high-density residence complex, a multi -tenant commercial complex parking lot,
and the proposed driveway on the bend of High Street. The petition would affect the zoning
district in general by allowing a two family building at the rear property line overlooking abutter's
back yards and breaking the character of an older neighborhood where houses are close to the
High Street. Finally, the Board felt that,the petitioner created his own hardship. The petition was
DENIED.
Town of North Andover
Board of Appeals,
Robert P. Ford, Acting Chairman
D r� nnecision2002-0020
JUL p
"II9}�I�B - APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
BOARD OF APPEALS
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bradshaw, CMMC Telephone (978) 688-9501
Town Clerk Fax (978) 688-9556
E-mail ibradshaw@townofnorthandover.com
July 25, 2002
Margery J. Eramo, Esq.
669 Main Street, Suite 5
Wakefield, MA 01880
RE: SARACENO CONSTRUCTION TRUST
APPLICATION FOR VARIANCE FROM
100 FOOT FRONTAGE REQUIREMENT
LOT 24B, 104 HIGH STREET, NORTH ANDOVER, MA
Dear Attorney Eramo:
I have received your letter dated June 14, 2002 in which you stated that the
referenced application was filed on March 14, 2002.
Pursuant to G.L. Chapter 40A, § 15, the Board of Appeals was required to act
within 100 days. On June 11, 2002, the Board voted to deny the variance and on June 17,
2002 the Board's decision was filed in my office, all of which occurred within 100 days
of filing of the application.
Therefore, I cannot issue the Certificate of Approval as referenced in your
correspondence dated July 18, 2002.
cc: Heidi Griffin
Board of Appeals
D. Robert Nicetta
Mark Rees
Thomas J. Urbelis, Esq.
JUL 2 6 2002
BOARD OF APPEALS
Very truly yours,
.o
Joyce A. Bradshaw, Town Clerk
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( 9 78) 282-1500
40 60 MAP #53 PARCEL #825 EMAIL: INFO@AMl A550GIAS5,GO
N/F NAM PARTNERS LIMITED PARTNERSHIP nAI�:10/ C71/ 01 SCALA: I"-20'
O B K 4863 P G 19 3 fi71ZAWN (3Y: PMA CI= aY: ASK
17VVG No. FL- 01-40 9EV-1 /zy a
REBY CERTIFY THAT THIS PLAN CONFORMS
HE RULES AND REGULATIONS OF THE
3TRY OF DEEDS.
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RTH ANDOVER PLANNING BOARD
'ROYAL UNDER THE SUBDIVISION
NTROL LAW NOT REQUIRED.
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BEARING REFERENCE:
PLAN .#9276
MAP #67 PAF''
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MAP #53 PARCEL #23
N/F KEVIN SMITH
BK 5010 PG; 30
4,
PLANNING BOARD'S ENDORSEMENT
THE PLAN AS NOT REQUIRING
ROVAL UNDER THE SUBDIVISION
�TROL LAW IS NOT A DETERMINATION
TO CONFORMANCE WITH THE TOWN
NORTH ANDOVER ZONING BYLAW
D REGULATIONS.
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PLAN" REFERENCE: #92?6
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ASSESSORS MAP #53, PARCEL X24
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MASSACHUSETTS PROFESSIONAL LAND SURVEYOR #39689"�`' •:
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ERTIFY THAT THE PLAN HAS BEEN DESIGNED IN ACCORDANC ANITH TECHNICAL,
11CAL, AND PROCEDURAL STANDARDS FOR THE PRACTICE OF Q' I.R. to ,be "set !
RVEYING IN THE COMMONWEALTH OF MASSACHUSETTS.
Received by Town Clerk:
RECEIVED`,�
JC Y'CE BRADS[L �f9W
T0WN CLERK
N'GRTH ANDQVER
FORM A L11011 DEC 03 A '�
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
WO\ EMM£?. Z8,�,� j
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determination by said Board that
approval by it under and Subdivision Control Law is not required. The undersigned believes that such
approval is not required for the following reasons:
L The division of land shown on the accompanying plan is not a subdivision because every lot shown
thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public
way, namely, 141GVA- f!T Ems" (" or a private way, namely,
being land bounded as follows:
2. The division of land shown on the accompanying plan is not a subdivision for the following reasons:
'�'_'!� PA2C->F_.�, S HAUiv Fes►-'rTt�, a� �v�l F�Gts-T'i � W A�
3. Lot frontage and acreage of each lot depicted on accompanying plan.
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F)hle F L ZA-E5� gs, 3 Ir -T FczbaTplcbE. Z -S. aS-6�
of proposal '70 !!�0Bv�%jxc c - A_� OF t &. p 0" "
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5. Title reference North Essex Deed, Book _to ken ; Page `Z k ; or Certificate of
Title No. , Registration Book ; Page
Applicants' Signature:
��7fEi!
(print name)
Applicant's Address:
90
VIC�s(D ter,
APR 18 2002
OARD OF APPEALS
Owner's signature and address if not the
applicant:
Notice to APPLICANTITOWN CLERK of action of Planning Board on accompanying plan:
I . The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law, and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by
G.L. c. 41, s. 81-L and must therefore be re -submitted to it for approval under the Subdivision Control
Law.
Very truly yours,
North Ando er Planning Board
By: '
Date:
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BOARD OF APPEALS
CJS/ lb/ F7UZ 14: 4L 7J I Obb47Z)17L JAMES N 5tN1UK
May -16-02 12:14
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 CnrlcA Street
North Arxlover, Masw,.humells M845
D. RtibLrt Nicett,t
Lludi irlx (.•(rMRI4uivner
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01841
5/16/2002
Date
PAGE 01
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Yetephone (978) 688-9541
C,'ax (1478) W-9.542
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Please be advised that I have agreed to waive the time oYmsiraint* for the Zoning Board of
appeals to make a de6sion regarding tie Wanting aF a Variance and lot Special Perron for
property located at:
STRUT'Foxwood Drive & Wayland Circle
North Andover, MA 01845
TOWN: _—
MECTING DATE(S): POS ort 4 ro,n 3- �.�o -o.1 �v 6 -//-Ox
Residents of Foxwood Subdivision
NAME: OF PEA'I(.)NFR: By Pk9air/,ittorney .
VJames R. senior,; Esq.
348 Park Street, Suite E207
North Reading, MA 01864
wAIVIA (978) 664-0050
BO^R() OF nPPkAIA (,N 4S41 NhAIJH 6148.95.11) I'LANNING b44-951<
pNCE �NE[,
MAY 1 0 2002
BARD OF APPEALS
05/03/2002 13:59 978-687-3888 SARACENO CONST
Apr -25-02 13:36
Town of North Andover
Office of the Zoning Board of Appeals
Community Development aaA Services Division
27 Cllufrks Street
Norib Andcwrr, Ntdssachu.�Us 01845
0. Roth;n Nicetta
,ft4fi g Comex a oner
TO: Town of North Andovet
Zoning Board of Appeals
27 Charles Street
Nj orth Andover MA 0.1845
PAGE 01
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Fax (97M) f4-9%2
Date E2 �� � -L-
Plcase be advised shat I have agreed to waive the time constmints.%r the Zoning Board of
appeals to make a decision regarding the granting of a Variance and for Special Permit,, or Finding
fiir property located at:
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Page 1 of 1
Glennon, Michel
From: Bradshaw, Joyce
Sent: Monday, July 22, 2002 10:21 AM
To: 'THOMAS J. URBELIS (tju@ufb.com)'
Cc: Griffin, Heidi; Glennon, Michel; Eaton, Janet; Fitzgibbons, Karen
Subject: HIGH STREET APPEAL
am in receipt of correspondence from Margery Eramo, Attorney for Saraceno Construction requesting me to
issues a Certificate of Approval via mail to her as no appeals have been filed. Please advise as to what I
need to do next. Thanks, Joyce
1
7/22/02
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bradshaw, CMMC Telephone (978) 688-9501
Town Clerk Fax (978) 688-9556
E-mail.ibradshaw(atownofnorthandover.com
I, Joyce A. Bradshaw, 'Town Clerk for the Town of North Andover do hereby
certify that no appeal was filed in my office of the recording of the denial by the Zoning
Board of Appeals petition 2002-020 filed with me on June 17, 2002 for Saraceno
Construction, P.O. Box 86 Methuen, MA 01844 for property located at 104 High Street,
North Andover, Massachusetts.
Message
Glennon, Michel
From: Bradshaw, Joyce
Sent: Monday, July 15, 2002 5:28 PM
To: THOMAS J. URBELIS (tju@ufb.com)
Page 1 of 1
Cc: Eaton, Janet; Fitzgibbons, Karen; Glennon, Michel; Griffin, Heidi; Nicetta, Robert; Rees, Mark
Subject: HIGH STREET LETTER OF NO APPEAL-SARACENO CONSTRUCTION ZBA DENIAL
Tom, Please review the attached document. I will certify and give to Fred Saraceno. Please advise if there
is anything else that needs to be done. Thanks, Joyce
7/16/02
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: 104 High Street
NAME: Saraceno Construction, P. O. Box 86, Methuen
DATE: 6/11/02
MA 01844
ADDRESS: for property at: 104 High Street
PETITION: 2002-020
North Andover, MA 01845
HEARING(s): 4/9/02,6/11/02_
The North Andover Zoning Board of Appeals held a public hearing at its regular meeting on
Tuesday, June 11, 2002 at 7:30 PM upon the application of Saraceno Construction, for property
at: 104 High Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.2 of
Table 2 for relief of street frontage on Lot "B" in order to subdivide an existing lot into two
separate lots; one conforming lot and one non -conforming lot. Lot "A" would have sufficient area
and street frontage, however, lot `B" would have insufficient street frontage within the R-4 zoning
district.
The following Board members were present: Robert P. Ford, Walter F. Soule, Ellen P. McIntyre,
George M. Earley, & Joseph D. LaGrasse. William J. Sullivan & Scott A. Karpinski were not
eligible to vote on this petition
Motion was made by Joseph D. LaGrasse and 2nd by Ellen P. McIntyre to grant a variance of
14.67' from the requirements of Section 7, Paragraph 7.2 for relief of street frontage of Lot `B" in
order to subdivide an existing lot into one conforming and one non -conforming lot. Voting in
favor: None. Voting in opposition: Robert P. Ford, Walter F. Soule, Ellen P. McIntyre, George
M. Earley, & Joseph D. LaGrasse on the grounds that substantial detriment to the public good
would occur from increased risk to public safety at the intersection of Prescott Street, the only
vehicle exit for a high-density residence complex, a multi -tenant commercial complex parking lot,
and the proposed driveway on the bend of High Street. The petition would affect the zoning
district in general by allowing a two family building at the rear property line overlooking abutter's
back yards and breaking the character of an older neighborhood where houses are close to the
High Street. Finally, the Board felt that the petitioner created his own hardship. The petition was
DENIED.
Town of North Andover
Board of Appeals,
Robert P. Ford, Acting Chairman
Decision2002-0020
BOARD OF APPEALS 688-9541 BLULDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
MARGERY J. ERAMO
ATTORNEY AT LAW
June 14, 2002
RE: Saraceno Construction Trust
Application for Variance from 100 Foot Frontage Requirement
Lot 24B, 104 High Street, North Andover, MA
Dear Parties in Interest:
Enclosed please find a copy of the Notice of Constructive Approval, to be filed
with the Town Clerk's office, notifying the Town Clerk of the Zoning Board of
Appeal's failure to act on the the above referenced Application within the
prescribed time period.
Pursuant to Mass. Gen. L. ch. 40A, section 15, and the Town of North Andover
Zoning ByLaw, Section 10.4(2 ), the Application has, therefore, been
constructively approved.
Appeals, if any, shall be made pursuant to Mass. Gen. L. ch. 17 and shall be
filed within 20 days after the date of the Town Clerk's receipt of the Notice.
Very truly yours,
Margery J. Eramo,
Attorney of Record to
Saraceno Construction Trust
cc: Town Clerk, Town of North Andover
669 MAIN STREET, SUITE FIVE, WAKEFIELD, MA 01880
TELEPHONE (781) 246-8636
0
Q
FAX (781) 246-9912
JUN
1
7 2002
BOARD OF APPEALS
MARGERY J. ERAMO
ATTORNEY AT LAW
June 14, 2002
Ms. Joyce A. Bradshaw
Town Clerk
Town of North Andover
120 Main Street
North Andover, MA 01845
RE: Saraceno Construction Trust
Application for Variance from 100 Foot Frontage Requirement
Lot 24B, 104 High Street, North Andover, MA
Dear Town Clerk:
The above referenced application was filed in your office on March 14, 2002.
Pursuant to Section 10.4(2) of the North Andover Zoning ByLaw, the North Andover Zoning
Board of Appeals was required to render a decision on this Application within 75 days of the
March 14, 2002 filing, excepting agreed to waivers of time constraints.
On May 3, 2002 the Applicant agreed to a seven day waiver of time constraint. This waiver
brought the required date of the Zoning Board of Appeals decision to June 4, 2002. No decision
was rendered by or on June 4, 2002.
Therefore, in accordance with Mass. Gen. L. ch. 40A, section 15, please be on notice that the
Application for Variance has been constructively approved. Notice to this effect has been sent to
the parties in interest notifying them of their appeal right pursuant to Mass. Gen. L. ch. 40A,
section 17, a copy of which is enclosed.
VeTof
Ma
Aftd to
Saracen Construction Trust
cc: Parties in Interest
669 MAIN STREET, SUITE FIVE, WAKEFIELD, MA 01880Q 19 (-6)E U T L
TELEPHONE (781) 246-8636
FAX (781) 246-9912 JUN 1 7 2002
BOARD OF APPEALS
M.G.L - Chapter 40, Section 15. Page 1. of 2
GENERAL LAWS OF MASSACHUSETTS
PART I.
ADMINISTRATION OF THE GOVERNMENT.
TITLE VII.
CITIES, TOWNS AND DISTRICTS.
CHAPTER 40A. ZONING.
Chapter 40A: Section 15. Appeals to permit granting authority; notice; time; boards of appeal
hearings; procedure.
Section 15. Any appeal under section eight to a permit granting authority shall be taken within thirty
days from the date of the order or decision which is being appealed. The petitioner shall file a notice of
appeal specifying the grounds thereof, with the city or town clerk, and a copy of said notice, including
the date and time of filing certified by the town clerk, shall be filed forthwith by the petitioner with the
officer or board whose order or decision is being appealed, and to the permit granting authority,
specifying in the notice grounds for such appeal. Such officer or board shall forthwith transmit to the
board of appeals or zoning administrator all documents and papers constituting the record of the case
in which the appeal is taken.
Any appeal to a board of appeals from the order or decision of a zoning administrator, if any,
appointed in accordance with section thirteen shall be taken within thirty days of the date of such
order or decision or within thirty days from the date on which the appeal, application or petition in
question shall have been deemed denied in accordance with said section thirteen, as the case may be,
by having the petitioner file a notice of appeal, specifying the grounds thereof with the city or town
clerk and a copy of said notice including the date and time of filing certified by the city or town clerk
shall be filed forthwith in the office of the zoning administrator and in the case of an appeal under
section eight with the officer whose decision was the subject of the initial appeal to said zoning
administrator. The zoning administrator shall forthwith transmit to the board of appeals all documents
and papers constituting the record of the case in which the appeal is taken. An application for a special
permit or petition for variance over which the board of appeals or the zoning administrator as the case
may be, exercise original jurisdiction shall be filed by the petitioner with the city or town clerk, and a
copy of said appeal, application or petition, including the date and time of filing, certified by the city or
town clerk, shall be transmitted forthwith by the petitioner to the board of appeals or to said zoning
administrator.
Meetings of the board shall be held at the call of the chairman or when called in such other manner as
the board shall determine in its rules. The board of appeals shall hold a hearing on any appeal,
application or petition within sixty-five days from the receipt of notice by the board of such appeal,
application or petition. The board shall cause notice of such hearing to be published and sent to parties
in interest as provided in section eleven. The chairman, or in his absence the acting chairman, may
administer oaths, summon witnesses, and call for the production of papers.
The concurring vote of all members of the board of appeals consisting of three members, and a
concurring vote of four members of a board consisting of five members, shall be necessary to reverse
any order or decision of any administrative official under this chapter or to effect any variance in the
http://www.state.ma.us/legis/laws/mgV4OA-15.htm 6/17/02
M.G.L - Chapter 40, Section 15.
application of any ordinance or by-law.
Page 2 of 2
All hearings of the board of appeals shall be open to the public. The decision of the board shall be
made within one hundred days after the date of the filing of an appeal, application or petition, except
in regard to special permits, as provided for in section nine. The required time limits for a public
hearing and said action, may be extended by written agreement between the applicant and the board of
appeals. A copy of such agreement shall be filed in the office of the city or town clerk. Failure by the
board to act within said one hundred days or extended time, if applicable, shall be deemed to be the
grant of the appeal, application or petition. The petitioner who seeks such approval by reason of the
failure of the board to act within the time prescribed shall notify.the city or town clerk, in writing,
within fourteen days from the expiration of said one hundred days or extended time, if applicable, of
such approval and that notice has been sent by the petitioner to parties in interest. The petitioner shall
send such notice to parties in interest, by mail and each notice shall specify that appeals, if any, shall be
made pursuant to section seventeen and shall be filed within twenty days after the date the city or
town clerk received such written notice from the petitioner that the board failed to act within the time
prescribed. After the expiration of twenty days without notice of appeal pursuant to section seventeen,
or, if appeal has been taken, after receipt of certified records of the court in which such appeal is
adjudicated, indicating that such approval has become final, the city or town clerk shall issue a
certificate stating the date of approval, the fact that the board failed to take final action and that the
approval resulting from such failure has become final, and such certificate shall be forwarded to the
petitioner. The board shall cause to be made a detailed record of its proceedings, indicating the vote of
each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth
clearly the reason for its decision and of its official actions, copies of all of which shall be filed within
fourteen days in the office of the city or town clerk and shall be a public record, and notice of the
decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest
designated in section eleven, and to every person present at the hearing who requested that notice be
sent to him and stated the address to which such notice was to be sent. Each notice shall specify that
appeals, if any, shall be made pursuant to section seventeen and shall be filed within twenty days after
the date of filing of such notice in the office of the city or town clerk.
Return to:
** Next Section ** Previous Section ** Chapter Table of Contents ** Legislative Home Page
http://www.state.ma.us/legis/laws/mgl/40A-15.htm 6/17/02
06/07/2002 09:33 FAX 978 688 9556
Jun -07 -02 C 3 _ 49
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November 21, 2001
10:00 a.m. - 4:00 p.m.
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must
be submitted thirty (30) days prior to the first public
hearing. Failure to submit the required information
within the time periods prescribed may result in a
dismissal by the Zoning Board of an application as
incomplete.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. Items that
are underlined will be completed by the Town.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receives
a Permit Denial form completed by the Building
Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Variance. All information as
required in items 1 through and including 91 shall be
completed.
Step 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in item 10 page 4 of this form.
STEP 4: ' SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
Post -it® Fax Note
IMPORTANT PHONE NUMi co./Dept.
Phone #
978-688-9541 Zoning Board of A
978-688-9501 Town Cleric's Offie Fa" #
978-688-9545 Building Departmt
VARIANCE
KTP.
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
NEWSPAPERIPARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in histher, behalf, or be
represented by an agent or. attorney. .!n the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matfer by using
the information it has otherwise received.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
7671 Date _ # of pages 1,61
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Page 2 of 4
Application for a VARIANCE
z
Zoning Board of Appi
1. Petitioner: Name, address and telephone number:
- >.��-1v ct�` tit �, a ► ��-4-
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
51�CZ1?�G ; 0 Gv
Years Owned Land:
3, Location of Property:
e. Street: IQ44k1 ,4 e--rrC-E1 Zoning District
b. - Assessors: Map number E35 Lot Number. _-4" � I
c. Registry of Deeds: Book Number Cts t B9 Page Number: IZ t
4. Zoning Sections under which the petition for the Variance is made.
*Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
t" 0-4- --- � _ �I t�rL - -►v ___
*The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this appilication. Failure by the applicant to clearly describe the request may result in
a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not involve
additional items not included above.
fia, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current
Zoning By -Law Requirements. (A and B are in the case of a lot split)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back •
Sq. Ft. Sq. Ft. Coverage Feet Spaces front Side A Side B Rear
A. �c >S pc t4 p�'- % �Q'•�1 i Pt i" R F1 ev lk
B. %
06/14/2002 14:43 FAX 978 688 9556 TOWN OF NORTH ANDOVER
MARGERY J. ERAMO
ATTOWI)EY-AT
June 14, 20 ')2, -
MS. Joyce. j L. Bradshaw
Town Cleric
TownofNurth Andover
120 Main (jreet
North Ando ver; MA"01845
RE: Saraceao Construction Trust -
Applica ion for * Variance from 100 Foot Frontage Requirement
Lot 2413, 104 High Street, North Andover, MA
Dear Town t*.'Ierk-
The above nfmnced application was filed in your office on March 14, 2002.
Q001
.J.OYCE BRADSHAW
N
' TOWN CLRK
. PRTHANDOEVER
.. . ,1001.JUN I � P 2: 4
Pursuant to Section 10.4,(2) of the North Andover Zoning
i� ir:... i, - " `decision ` 9 ByLaw, the North Andover Zoning
Board of Appeadg.*as'15 th
On, s ApAittiti &Y's'bf e
r��07 �
March 14,':! ooz-#iipg; 'p, '. 66d 'i' waivers
constraints: , ..: : . .11:-.- o'. *,;:..
ain ap to waiv6rs.ox: time i�p
On May.. 3,.:;.D02..ihe Applicant agreed to a seven day waiver .wai oftime. constraint; This waiver
brought the :equiMf * d date Zoning. Board of Appeals decision .to June_ , , 4, 200 . 2. - No , decision
was renderer :l.byoron. June .4,-2002;
Therefore, i>>, accordance with Mass. Gen. L. ch. 40A, section 15, please be-on,notice.that the
Applicatio:n for-Variance-has been conswacdvely approved. Noticelo-this effect -has-been sent to
the parties it i intefest no&ying- them -,of th6ir appeal right Pursuant to Mass.- Gen. L: ch: 40A,
section 17, 2 copy of whichii-enclbsed.*
Jwil;Very
��- ,
Mar
Aey
of . tecord to..,
Saracen Ca Ustluction Tnwt
cc* Parties i -,L Interest
669 MAW $TREET; SUM FIVE, WAKEFIELD, MA 01880
TELEPHONE' (791) 246-8636
I IC 12
jUt`il 1302
BOARD OF APPEALS
0
MGLENNON
MGLENNON
Microsoft Word - formZBAfax.doc
02-05-16 11:00
Post -it® Fax Note
Any apj �ihah Notice of Decision
within (2 eve Fear 2002
date of fih
in the offia
NAME: Si,
MA 01844 '.
ADDRESS:
North Andov, ( S
The North Aj
Tuesday, Jun
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Table 2 for
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George M. E }
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M. Earley, &
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7671 Date
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Fax # a fQ.7Q _ / & 1 _ / 7 Fax #
Decision2002-0020
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Identification
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May -22-02 13:31
Result Eno Tvne Date Time
OK
02 Sent May -22 13:30
Duration Diagnostic
00:00:44 002582030022
Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts
01845
phone: 978-688-9541
fax: 978-688-9542
f do
40
�Az
To: Steven Saraceno
Re: 104 High Street
Fax: 978-687-1394 Pages: 3
Phone: Date: 5/16/02
❑ Urgent ❑ For Review ❑ Please Comment " Please Reply ❑ CC:
Please sign and return the North Andover Zoning Board of Appeals "waive time constraints" form.
Hopefully, June 11 will have no surprises.
HP OfficeJet
Personal Printer/Fax/Copier
Identification
89786871394
1.2.0 18
Fax Log Report
May -16-02 12:31
Result Pages Tvne Date Time Duration Dia ostic
OK 03 Sent May -16 12:30 00:00:58 002580030022
HP OfficeJet
Personal Printer/Fax/Copier
Fax Log Report.
Apr -25-02 13:37
Identification Result Pages Tvne Date Time Duration Diagnostic
89786871394 OK 02 Sent Apr -25 13:36 00:00:46 002580030022
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05/03/2002 13:59 978-687-3888 SARACENO CONST
Apr -25-02 13:36
Town of North Andover
office of the Zoning Board of Appeals
Community Development ajAA Services Division
27 ChAirlim Street
North Andover, Mi)suchuMis 01845
n. Robert N►cetta
B1ri4><ing ('d►nixtirstoncr
TO: i'own of North Andover
Zoning Board of Appeab,
27 Charles Street
Nj orth Andover MA 0.1845
PAGE 01
P.02
F. .
Tvi phow. (979) W-4541
Fax (978) 6"-4542
Date r- 1-?>L�-
AS g•rA r* -o
please be advised that I have agreed to waive the time constraintstr the Zoning Board of
appeals to make a decision regarding the granting of a Variance and for Special Permit; or Finding
ROT property located at:
TOWN: �l� �''�1-� act•-Si7�V E-2... _.
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MF.FrrNG DNI-E(8).Mkf 2-1 � - 7rod-2, -M m A" ? �
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Town of North Andover
14ORY
Office of the Zoning Board of Appeals Of'J,.o ,�-+ti
Community Development and Services Division * s
27 Charles Street
North Andover, Massachusetts 01845
ante ��
D. Robert Nicetta
Building Commissioner
FAX TRANSMISSION
Telephone (978) 688_9541
Fax (978) 688-9542
TO: J feV f V1 sq
FAX NUMBER: -
L.0101,e461
FROM: Town of North Andover
Zoning Board -of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX 978-688-9542
PHONE 978-688-954.1
DATE�—
SUBJECT: Z Af
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Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
Heidi Griffin, Division Director
27 Charles Street
D. Robert Nicetta. North Andover, Massachusetts 01845
Building Commissioner
Date:
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Telephone (978) 688-9541
Fax(978)688-9542
Please be advised that I have agreed to waive the time constraints for the
Zoning Board of Appeals to make a decision regarding the granting of a Variance
and/or Special Permit for property located at:
STREET:
TOWN: r7 �/".�01 19
MEETING DATE(S): -- 2
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Mar -20-02 11:34
Identification Result Pa es Tune Date Time Duration Diagnostic
89786871394 OK 01 Sent Mar -20 11:33 00:00:32 002580030022
1.2.0 2.8
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FaP5 FORM 4002
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must
be submitted thirty (30} days prior to the first public
hearing. Failure to submit the required information
within the time periods prescribed may result in a
dismissal by the Zoning Board of an application as
incom fete.
The information herein is an abstract of more speck
requirements fisted in the Zoning Board Rules and
Regulations and is not meant to supersede them. items that
are underlined will be completed by the Town.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receives
a Permit Denial form completed by the Building
Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Variance. All information as
required in items 1 through and including 91 shall be
completed.
Step 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
978-6$8-9545 Building Department
VARIANCE
W.
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the toning Board of
Appeals and the Building Department Office.
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Page 2 of 4
Application for a VARIANCE
_ 3..
Zoning Board of Appeals
9. Petitioner: Name, address and telephone number:
P. 0. 6ok ata
to i~t � M a 0 % (6A_4__
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
F- c . 50 Y-- 8(D , t\A J�,TV--10 QJ, V -,A A o i cc 4 4 -
Years Owned Land: 9
3. Location of Property:
a. Street: t04 4k'<=,4 ate i Zoning District ZA-
b. Assessors: Map number E35 tot Number. Z4" S''
c. Registry of Deeds: Book Number (p1S9 Page Number: tZt
4. Zoning Sections under which the petition for the Variance is made.
*Refer to the Permit Denial and Zoning By -taw Plan Review as supplied by the Building ComrWssiom
5. Describe the Variance request
irJca` ti -._1 .- 0.4 t`JJ�tz.22—t tv rr —
*The above description shall be used for the purpose of the legal notice and decision. A more detailed description is
Zoning Board Rules and Regulations as cited on 4 of this required pursuant to the
page application. Failure by the applicant to clearly describe the request may result in
a decision that does not address the interni of the applicant. The decision will be ilmited to the request by the applicant and will not involve
additional items not included above.
6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current
Zoning By -Law Requirements. (A and B are in the case of a lot split)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Sack •
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. Ik tS Pr Pt % 14-51,
t, 11i/N
B. %
i
�ge3of4
i
6. b. Existing Lot:
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
23,99.3 21.491 10.4 %
c. Proposed Lot (S):
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
a
Application for a VARIANCE
Zoning Board of Appeals
Frontage Parking Minimum Lot set Back
Feet Spaces Front Side A Side 8 Rear
Frontage Parking
Feet Spaces
X5.43
d. Required Lot: (As .required by zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back •
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
t'7_1r(u ty/k 41 % 1cc' 1 c \E—,c ls,
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building'
VII/p, t,�/ice.
!v P. N A N A
N k t� R �A
"Reference Uses from the Zoning By -Law. State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use o
Square feet Floors Sq. feet Building*
'Reference Uses from the Zoning By- State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with
the Town Cleric'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 Cleric 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.
Type above name (s) here 0
Minimum Lot set Back `
Front
Side A
Side B
Rear
1-34
t �'
1'� `
32
d. Required Lot: (As .required by zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back •
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
t'7_1r(u ty/k 41 % 1cc' 1 c \E—,c ls,
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building'
VII/p, t,�/ice.
!v P. N A N A
N k t� R �A
"Reference Uses from the Zoning By -Law. State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use o
Square feet Floors Sq. feet Building*
'Reference Uses from the Zoning By- State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with
the Town Cleric'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 Cleric 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.
Type above name (s) here 0
PAGE 4OF4
9. WRITTEN DOCUMENTATION
Application for a variance must be supported by a legibly written or
typed memorandum setting forth in detail all facts relied upon. iNhen
requesting a variance from the requirements of MGLA ch. 40A, Sec.
10.4 of the North Andover Zoning By -Law all dimensional requirements
shall be clearly identified and factually supported and addressing
each of the following points individually is required with this
application.
A.
B.
R
M
E.
F.
The particular use proposed for the land or structure.
The circumstances relating to soil conditions, shape or
topography of such land or structures especially
affecting the property for which the variance is sought
which do not affect generally the zoning district in
which the property is located.
Facts which make up the substantial hardship,
financial or otherwise, which results from literal
enforcement of the applicable zoning restrictions with
respect to the land or building for which the variance
is sought.
Facts relied upon to support a finding that relief sought
will be desirable and without substantial detriment to
the public good.
Facts relied upon to support a finding that relief sought
may be given without nullifying or substantially
derogating from the intent or purpose of the zoning
bylaw.
Submit RDA from Conservation Commission when
Continuous Buildable Area is applied for in ZBA
application.
10. Plan of Land
Each application to the Zoning Board of Appeals shall be
accompanied by the following described plan. Plans must
be submitted with this application to the Town Clerk's
Office and ZBA secretary at least thirty (30) days prior to
the public hearing before the Zoning Board of'Appeals.
10 A. Major Projects
Major projects are those which involve one of the following
whether existing or proposed: a) five or more parking
spaces, b) three or more dwelling units, and
c) 2000 square feet or more of building area.
Minor projects that are less than the above limits shalt
require only the plan information as indicated with an
asterisks (*). In some cases further information may be
required
10 B. Plan Specifications:
a) Size of plan: Ten (10 ) copies of a plan not to exceed
11 "x17", preferred scale of 1'=40'.
b) Plan: prepared by a Registered Professional Engineer
and/or Land Surveyor, with a block for five (5) ZBA
signatures and date indicated on mylar.
VARIANCE
10 C. FEATURES TO BE INDICATED ON PLAN:
A. Site Orientation shall include:
1. North point
2. zoning district (s)
3. names of streets
4. wetlands to be shown on plan (if applicable)
5. abutters of property, within 300 foot radius
6. location of buildings on adjacent properties within
50' from applicants proposed structure
7. deed restrictions, easements
B. Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red
2_ Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names/addresses/phone numbers of the
applicant, owner of record, and designer or
surveyor.
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information. A set of building elevation and
interior of building plans shall be required when the
application involves new construction/conversion/ and/or
a proposed change in use. Elevation plans for minor
projects including decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which includes a ground level elevation.
11. APPLICATION FILING FEES
A. Notification Fees: Applicant is to send by
certified mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
Applicant is to supply stamps (appropriate
current postage) for mailing of decisions to all
parties in interest as identified in MGLA ch. 40A,
sec. 11 as listed on the application. ZBA Secretary
will compute number of stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretary who will mail
decisions to abutters and parties in interest.
C. Administrative fee of $50.00 per application.
A Variance once granted by the ZBA will lapse in
one (1) year if not exercised and a new petition must
be submitted.
Zoning Bylaw Denial
k Town Of North Andover Building Department
27 Charles St North Andover, MA. 41845
Phone 978-SUA545 Fax 978.688-9542
Street:I
P,4ece.1 o?":i "- " . S fo.Mrrl ip Hr b Z4.
Notes
Setback Variance
A llCant
�r2CeA o CON q,{r���.oN 'river
Request
6,4 C1,01rje Par, :Dv le wa/liN
Date:
-a - o z�_
rtease oe aavisen mar arter review or your Appttcaaon ana Plans that your Application is
DENiED for the following Zoning Bylaw reasons.
Zonina
RemPriv fnr tho ahnva ic rtrarrra•t r.ot_
Item 0 Special Permits Planning Board Item #Variance
Item
Notes
Setback Variance
item
Notes
q
Lot Area
Common Driveway Special Permit I
F
Frontage
Variance for Sign
1
Lot area Insufficient
Independent Elderly Housing Permit
i
Frontage insufficient
CY C_ S
2
Lot Area Preexisting
Planned Residential Special Permit
2
Frontage Complies
5pecal, Permit preeDdsting rronoonformin
3
Lot Area Complies
C4e 3
3
Preexisting froe
4
Insufficient inforrnation
4
Insufficient Information
g
Use
5
No access over Frontage
1
Allowed
y e g
Ca
Contiguous Building Area
2
Not Allowed
1
insufficient Area
3
Use Preexisting
2
Complies
4
Special Permtf Required
-3-•-preeidstirtg.CBA ... ....
5
1 insufficient information
4
Insufficient Information
C
Setback
N
Building Height
1
All setbacks amply
e s
i
Height Exceeds Maximum
2
Front Insufficient
2
Complies
y Its
3
Left Side Insufficient
3
Preexisting Height
4
Right Side insufficient
4
Infomuation
5
Rear Insufficient
I
-Insufficient
Building Coverage
N A
6
Preexisting setback(s)
i
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
ti cg
4
Insufficient frifannation
2
in Watershed
i
Sign
A
3
Lot prior to 1024194
t
Sign not allowed
4
Zone to he Detemtined
2
Sign Complies
5
Insufficient Information
3
Insufficient information
E
Historic District
K
Parking
1
In District review required
1
More Parking R uired
2
Not in district
yt
2
Parking Complies
y S
3
Insufficient. information
3
insufficient hlfomtation
4
Pyre existi Parking
RemPriv fnr tho ahnva ic rtrarrra•t r.ot_
Item 0 Special Permits Planning Board Item #Variance
Site Plan Review i Permit
Setback Variance
Access other t 1iPermit____F
Parkinq Variance
Frontage Exception Lot Special Permit I
Lot Arm Variance
Common Driveway Special Permit I
Height Variance
Congregate Housing Special Permit
Variance for Sign
Continuing tare Retirement Special Permit
Special Pefmifs Zoning Board
Independent Elderly Housing Permit
Special Permit Non-Contonving Use ZSA
LaMe Estate Condo Special Permit
Earth Remarab S ' Permit ZBA
Planned Development ambict SDecaw Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
S Pemvi for Si n"
R-6 Density Special Permit
5pecal, Permit preeDdsting rronoonformin
Watershed S ial Permit
F'l
Atm BNCt; pr F,•oad-a a
The above revlsw and attacfed mon of such is based ort iter Plans and informations Ko delind a review and
or advice strap be trassd on verbal expiem9orrs by Ire applIMM nor strap such verbal aTlaraftne bymeappfic a d -to
provicle dermfive ansows to the above reasons far DENIAL My inaccuracim, musleadmg nwnnabon. or other subsequera
changes to the kdorna4on submated by the applicard sIM beWowuts tar aft m ievv to be voided at the discretion of the
Building Dapartrnerd. The atkaoheddocumwdtilled"Plan ReviewtimaW shd beattached is and Incorporated herein
by reference. The b uldrg deparbnerd wilt rdai all plans mrd ftcuo fttimfortne above fde_ You mud foe anew trulidbng
permit application form and ixgin Ire pwnMV process,
-a - o a - x/ -o a
ildiB� ing Department Official Signature Application Received Application Denied
Denial Sent: If Faxed Pilon Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
.. y � t' :' ` t
iY r ry� ��, i 'tee '� .5.�' 3�* .f ,-+�,x.• '�"i�.4-ve ,v �., -.. �,
V�. �,sk a�-+.SnT�• i' .�`c.,�uc �,�. ,. �._4
/. �
Aar 1or��r'VA.24& C f j-'G/C i^/'')
r e�eO� o�ISD sQP
u,��,�ted
,.UCo y.J A/
e r t ti t.. AN.VI.0 noa�L dS u.•"�/� � s
7 '� �c.
Referred To:
...... . vim. 4-1 Lnw vrr ii.= mmHnU rU1L4b7171L t''.161
MEMORANDUM IN SUPPORT OF VARIANCE APPLICATION
FOR
LOT 24 B, HIGH STREET, A PORTION OF 104 HIGH STREET
BY
SARACENO CONSTRUCTION TRUST
Saraceno Construction seeks a variance from the requirements of Section 7.2, Street Frontage, of
the Zoning Bylaws so that it may subdivide 104 NIGH STREET into two lots, 24A and 24B.
HISTORY:
A brief, but important, history of 144 High Street is as follows. On May 4, 2001 (prior to its
purchase of 104 High Street), Saracen Construction thereinafter Saracen) applied for a Building Permit
to construct a 4 -family, pointing out in its application that the preexisting structure would require razing
due to extreme dilapidation. On May 14, 2401, the Building Inspector denied the permit, citing the need
for a Special Permit under 4.122, subsection 14 of the Bylaws, and, timely therewith, Saraceno filed an
application for Special Permit with this Board, Saraceno purchased 104 High Street on June 8, 2001. If
granted, the Special Permit would have resulted in Saraceno building a4 -family structure. Following the
Saraceno's purchase of the Lot, the Special Permit Application was administratively withdrawn, i.e. not
heard, by the Town as it came to light that due to the Saraceno's requirement of razing the structure, a
Special Permit under 4,122, subsection 14 of the Bylaws would not allow building a 4 -family,
In August, 2001 Saraceno applied for and was granted a Building permit to construct a 2 -family on
on 104 High Street, which 2 -family exhibits the quality of Saraceno construction projects.
On December 3, 2001, Saraceno placed an application in front of the Planning Board proposing the
subdivision of 104 High Street into two parcels, Lots 24A & 24B, deeming Lot 24A as buildable and Lot
24B as non -buildable due to a 14.57' lack of frontage. The plan was stamped as an ANR.
On January 2, 2002, Saraceno applied for a Building Permit to construct a 2 -family on Lot 24B.
This permit was denied, citing the need for a Variance due to 14,57' lacking in frontage. We now appear
before this Board.
DIMENSIONAL REQUIREMENTS:
The Lot/Proposed-Structure-Placement exceeds the front yard requirement by more than 105', and
meets or slightly exceeds the side yard and rear yard requirements. The Lot lacks 14.57' of frontage.
PROPOSED USE OF THE LAND:
A 2 -family structure.
CONDITIONS UNIQUE TO THIS LOT/STRUCTURE AND THE SUBSTANTIAL
HARDSHIP:
As exhibited by the above history, the structure which existed on this Lot was dilapidated to the
point of disrepair. It was so dilapidated in fact, that Saraceno allowed the North Andover Fire Department
to use it for its drill exercises. But for the extent of this dilapidation, Saraceno, via Special Permit may
have been allowed to construct 4 units on the property. Additionally, the enforcement action takers at the
time of the 4 -family Building Permit application was relied upon. The hardship created by the extent of the
.. - . -- ......_- . ., -- v- . .v... i.,. -.v 1O♦i.`f 07711 r. 171
structure's disrepair and the subsequent error, resulted in a 2 -family construction, thereby a loss of
substantial revenue to the Saracenos.
LACK OF DETRIMENT;
There would be no detriment to the public good if this Variance is granted, In fact, many of the
abutters have expressed to the Saracenos their support for this application, as a Lot 24B 2 -family structure,
of the same quality as that now on Lot 24A, would improve the aesthetics ar:d value of the entire
neighborhood.
LACK OF DEROGATION FROM THE INTENT OF THE BYLAW;
Lastly, the granting of a Variance would not derogate from the intent of the Bylaw which, in
general terms, is to set reasonable limits on the use of the land in order to protect the general health and
welfare of the inhabitants of the community. Excepting 14.57' of frontage, the lot meets or exceeds all of
the requirements of the R-4 zone.
WHEREFORE, having met the fora requirements of C. 40.x, Section 10 of the M.G.L., the
applicant respectfully requests that this Board grant the variance as requested.
Saraceno Construction Trust
by its attorney,
� � 4
7 J
Marg 1. Erama, BBO #562521
66j ain Street, Suite 5, Wakefield. MA
781.246-8636
Town of North Andover, Zoning Board of Appeals
Parties of Interest / Abutters Listin
REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this
chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to abutters within three hundred (300) feet of the
property line of the petitioner as they appear on the most recent applicable tag list,
notwithstanding that the land of any such owner is located in another city or town, the
planning board of the city or town, and the planning board of every abutting city or
town."
Applicant's property, list by map, parcel, name and address (please print clearly
and use black ink.)
MAP PARCEL NAME ADDRESS
53 2 4"L�► u s � c am- . -Te
xy,j
ABUTTERS PROPERTIES
MAP PARCEL
(0-1 -43
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55 Zto
NAME
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ADDRESS
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THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY:
SIGNATURE
DATE
PAGE / OF 2
09 ified by DMeger/Ae
of Assessor Orth And
TOWN OF NORTH ANDOVER
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71
4spCHUSEK
Street:
Zoning Bylaw Denial
Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
Phone 978688-9545 Fax 978-688-9542
.5-3/a'/ ".A"
"y.,���•. �� eQrul e �bn ,/)v Ple b wc/ iti
Date: _� o
Please be advised that after review of your Application and Plans that your Application is
DENIED for the .following.Zoning Bylaw -reasons:
Zonina
lernedy for the above is checked below.
Item
Notes
Variance
Item
Notes
A
Lot Area
Frontage Exception Lot Special Permit I
F
Frontage
Height Variance
1
Lot area Insufficient
Continuing Care Retirement Special Permit Lspecial
1
Frontage Insufficient
e S
2
Lot Area Preexisting
Planned Development District Special Permit
2
Frontage Complies
Special Permit for Sign
3
Lot Area Complies
e- g
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage -
1
Allowed
y c S
G
Contiguous Building Area
N
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4
Special Permit Required
3
Preexisting CBA
5
Insufficient. Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
s
1
Height Exceeds Maximum
2
Front Insufficient
2
___F
Complies
S
3
Left Side Insufficient
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
5
Rear Insufficient
_F
Building Coverage
/,,f A
6
Preexisting setback(s)
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
4
Insufficient Information
2
In Watershed
j
Sign
3
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
`1 e
2
Parking Complies
y e S
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parkin
lernedy for the above is checked below.
Item # Special Permits Plannin Board Item #
Variance
Site Plan Review Special Permit jV
I Setback Variance
Access other than Frontage Special Permit I
Parking Variance
Frontage Exception Lot Special Permit I
Lot Area Variance
Common Driveway Special Pe I
Height Variance
Congregate Housing Special Permit
Variance for Sign
Continuing Care Retirement Special Permit Lspecial
Permits Zoning Board
Independent Elderly Housing Special Permit
Special Permit Non -Conforming Use ZBA
Large Estate Condo Special Permit
Earth Removal Special Permit ZBA
Planned Development District Special Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Watershed Special Permit
Special Permit preexisting nonconformin
gr-aNee cc, P"_Wag r_
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 documehtation for the above file. You must file a new building
permit application form and begin the permitting process. .
/ -a o ';2 /-"V-0
ilding Department Official Signature Application Received Application Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application%
permit for the property indicated on the reverse side:
Referred To:
Fire
Zonin Board
Conservation De artment of Public Works
Plannin Historical Commission
Other _..._ __