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Town Clerk Time Stamp
Town of North Andover
ZONING BOA" OF APPEALS. RE(3EIVEO
Albert P. Manzi III,Esq.Chairman TM,
Ellen P.McIntyre, bice-Chair man It NORTH
Richard J.Byers,Esq.Clerk 0. A.'OLD ".
_.0 - ',. 6 0 2007 MAR -6 PH' 4: 24
Joseph D. LaGrasse 0
David R.Webster
Associate Members
Thomas D.Ippolito NORTH
Richard M. Vaillancourt T.oHIASSACi it,T.1L
Daniel S.Braese,Esq. CH
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2007
of this notice in the office of the
Town Clerk,per Mass. Gen.L.ch.
OA, §17 Property at: 1132 Salem Street
NAME: Patricia Degan HEARING(S): November 14,2006
&February 20,2007
ADDRESS: 1132 Salem Street PEIMON: 2006-037
North Andover,MA 01845 TYPING DATE: March 5,2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center,
120R Main Street,North Andover,MA on Tuesday,February 20,2007,North Andover,Massachusetts
upon the application of Patricia Degan,1132 Salem Street(Map 106.A,Parcels 52&53),North Andover
requesting a dimensional Variance from Section 7,Paragraphs 7.1 &7.3 and Table 2 of the Zoning Bylaw
for relief of lot area for both parcels and the front setback of the existing dwelling on Parcel 52 in order to
construct a single family dwelling on Parcel 53. Said premise affected is property with frontage on the East
side of Salem Street within the R-1 zoning district. Legal notices were sent to all names on the abutter's
list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North
Andover,on October 23&October 30,2006.
The following voting members were present: Joseph D. LaGrasse,Richard J.Byers,Albert P. Manzi,111,
David R_ Webster,and Daniel S.Braese. The following non-voting members were present: Ellen P.
McIntyre,Thomas D. Ippolito,and Richard M. Vaillancourt.
Upon a motion by Joseph D.LaGrasse and 2d by Daniel S.Braese,the Board voted to DENY the
Variance. Voting in favor of the Variance: Albert P.Manzi, Hl. Voting to deny the Variance:Joseph D.
LaGrasse,Richard J.Byers,David R_ Webster,and Daniel S.Braese.
Page I of 2
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com
Town Clerk Time Stamp
Town of North Andover
E E
ZONING BOARD OF APPEALC I V E D
Albert P.Manzi III,Esq.Chmmum
Ellen P. McIntyre, Vice-Chairman Of VjoRT#j
Richard J.Byers,Esq,Clerk 0 2097 MAR 6 PILI L.: 24
Joseph D.LaGrasse
0
David R.Webster 0.-
Associate1lembers
H!0 R A L,
Tik 0,V L
Thomas D.Ippolito
Richard M. Vaillancourtr.o F!A S 01 iAA C
Daniel S.Braese,Esq. ACHU
The Board finds that the applicant has not proven that the statutory requirements;of Mass.Gen.L.ch.40A
§10, --."circumstances relating to the soil conditions,shape,or topography of the land or structures and
especially affecting this land".-- are present at 1132 Salem Street,Map 106.A Parcels 52&53,in order to
allow the Board to divide a conforming lot into two non-conforming lots. The Board finds that several
abutters were in opposition The Board finds that the applicant has not received the four affirmative votes
required to grant a variance.
Town of North Andover
Board of Appeals,
AVbert P.Manzi III,Esq. himan,
,aen P.McIntyre,
Mclfft�e
/Richard J.Byers,E Clerk
Joseph D.a:i
David R.Webster
Associate Members
Thomas D.Ippolito
Richard M.Vaillancourt
Daniel S.Braese,Esq.
Decision2006-037.
M106.AP52&53.
Page 2 of 2
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-ww-w-townofhorthandover.com
s r►ORT#j
or Ob,+L[D M6 eN Om T RECEtVpme Stamp
0't r r! F IRKS OFFICE
2006 OCT 16 PM 12' 58
RSS�CNU`+�� 3
ZONING BOARD OF APPEALS INUT1i
Community Development Division VIASSA =;°
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on
Tuesday the 14th of November, 2006 at 7:30 PM to all parties interested in the
application of Patricia Degan, 1132 Salem Street(Map 106.A, Parcels 52& 53), North
Andover requesting a dimensional Variance from Section 7, Paragraphs 7.1 & 7.3 and
Table 2 of the Zoning Bylaw for relief of lot area for both parcels and the front setback of
the existing dwelling on Parcel 52 in order to construct a single family dwelling on Parcel
53.
Said premises affected is property with frontage on the East side of Salem Street within
the R-1 zoning district.
Plans are available for review at the office of the Board of Appeals office, 1600 Osgood
Street, North Andover, MA Monday through Friday during the hours of 8:30AM to
4:30PM.
By order of the Board of Appeals
Ellen P. McIntyre, Chairman
Published in the Eagle-Tribune on October 23 & October 30, 2006.
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1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com
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EDWARD ek PANE HANLEY
BOO(2380 PAGE 122
ASSESSORSMAP 10BA PARCEL 181
01212 sALJ:ER STREET
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` SALEM ST JOHN R ELLEN DOMAIBY
BOOK 4863 4883 PAGE 88
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LOT AREA 87,120 S.F. 45.427.4 SF./5%536.6 S.F.
> FRONTAGE 17100' 179.19'/199.07POOL
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RECEIPT
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VI NEW BUSINESS
A. Septic-1135 Salem Street(New England Engineering)
Local Bvlaw Variance Request
Allow a dwelling to be constructed with a cellarfloor elevation below the estimated high
groundwater elevation(ESHGW).
Mr.Ben Osgood,Jr.presented the request before the Board. Soil testing was completed on the property,and the
perch water table was 20"-28' down. In the spring months,the soil is so saturated;it cannot penetrate the C soil
layer. The soil tests completed in September 2006 were at 118'. There was no water,and the pits were dry. This
system was designed on a 24"water table. The proposed foundation drain will drain away any water that might
accumulate. Mr.Markey was not present at the meeting,but spoke with Mr. Osgood,and stated that he does not
have a problem with the design with the exception that the drain should not get routed toward the street. He would
like to see the drain run across the lot at a low point,away from the street. Mr.Osgood states that the requirement to
have the basement above the water table is not a requirement of Title 5,but speculates that the local regulation was
implemented,as there was possibly a concern that if a septic system was too close to the house,and foundation was
in the groundwater,it may take water out of the septic system.
The proposed house is 167 feet away from the septic system. Therefore,there would be no risk of this happening.
Ms. Sawyer received a communication
from Mr.Markey,
and he confirmed nfirmed that it is
general.a good idea to keep
basements from being built in the water table. In certain circumstances,such as a perched water table,this would be
a good option. Ms. Sawyer reviewed this as well,and states it is a difficult lot,and small in width. It is the right
option to not to have the drain outlet towards the street. Also note that the drainpipe will need to be maintained 10
feet away from the septic system. Mr.Osgood explained that the perimeter drain has a sealed joint,it is waterproof,
and in a sealed,solid pipe. The pipe is slotted around the house,and after that,becomes a solid pipe,so water
cannot get through it. The slotted pipe is designed to take water away from the house,and drain it through the solid
pipe. Solid pipes can be 10 feet from the septic system. The placement of the pipe is based on elevation. If the pipe
is installed properly,and bedded in stone,it should last forever. This location is up on a hill,and the sill elevation is
162 feet and really close to the street. If the house were to be raised up any more,the front door would be 20 feet
above the road. Basements are built all the time under the water level. At the time of soil testing,there was no
water in the ground at 10 feet down,and the proposal is for five feet down.
The Board members asked if a deed restriction could be put on the property to not allow the basement to be finished.
The basement will have no windows,and no second egress,so it does not meet the definition of a room per the
building code.Dr.Trowbridge suggests a deed restriction be placed on the property so that any future owner is clear
about the guidelines of how the home is setup.
Motion: Mr.Fixler motions to approve the variance as requested,and in addition to add on a deed restriction
to the property stating that the basement will never become a finished room. All were in favor. (This
variance is to allow the construction of a basement floor lower than the estimated seasonal high water table.)
JAIL 90
BOARD OF APPEALS
T%ORTy
of t,eo 'a A7' Town Clerk Time Stam
Al " RF
!O SA Tot N s;:_ERK' Sit s'
,. * 2001 JAN 12 PM 3. 21*
�RSSACHUS �a
N.
ZONING BOARD OF APPEALS 1N0� � ANOC'VE,
Community Development Division
Date A i
Zoning Board of Appeals
1600 Osgood Street y
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North Andover
Zoning Board of Appeals to make a decision regarding the granting of a
1ptciPermit
Comprehensive Permit(40$)
Finding
for property located at:
STREET: I �- S� I P vo S1 Y e e
MAP: , PARCEL: _ 1�
TOWN: i ik A n do J 2 r,
TO MEETING DAMS): E P n tW O V i, a- 0 , D-07
NAME OF PETITIONER: PC., t I L I ca -Cr—G>1
Signed:
Petiti her(or petitioner' presentative)
JAN 1 �• " 1600 Osgood Street,North Andover,Massachusetts 01845
"'1 UU Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com
BOARD OF APPEALS
Of T&ORTH A
Town Clerk Time Stomp
--�!-CEIVED
J6.
...... 2006 DEC 4 59
Arso�
ZONING BOARD OF APPEALS u7 W
Community Development Division MASSA
Date -10
Zonmig Board of Appeals
1600 Osgood Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North Andover
Zoning Board of Appeals to make a decision regarding the granting of a
ariance
pedal Permit
Comprehensive Permit (40B)
Finding
for property located at:
STREET: /13 a Vz',
MAP: 10G A PARCEL: -
TOWN: /Vo llz-[-ff el
TO MEETING DATE(S):
NAME OF PETITIONER:
Signed: '0' c
Petit;dner(or petitioner' representative)
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com
NEw ENGLANDENGINEERING SERVICES, ING
B00 Osgood Street
uilding 20 Suite 2-64
North Andover, MA 01845
Tel: (978) 686-1768 • Fax: (978) 327-6138
Benjamin C. Osgood, Jr., P.E.
President
December 12,2006
North Andover Board of Appeals
1600 Osgood Street
North Andover, MA 01845
Re: 1132 Salem Street,North Andover
Variance application
Dear Madam Chairman:
Please accept this letter as a request to continue the public hearing for the above
referenced property to your January 9,2006 meeting.
This office is still in the process of compiling additional information as requested at the
last hearing. I will be at your meeting tonight to discuss this matter.
Sincerely,
C
en' C. Osgo d, Jr., PE
President
DEC 1ct,� 2006
BOARD Or APPEALS
OE 14ORTH
r Town Clerk Time Stamp
to
RT"CE�IVE!D�
ACNU2006 NOV 16 PH 1: 13
SSE
ZONING BOARD OF APPEALS
Community Development Division : T`�'1'`
I�Q��F� r'�tal.ND
OV U
NASSACHUS'i i
Date
TO: Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
=Variance
Special Permit
Comprehensive Permit(40B)
Finding
for property located at:
STREET: 3 S ev✓1 �Y-e,
MAP:__ Q A PARCEL: jr
TOWN: North Andover. MA 01845
TO MEETING DATE(S):_ OC. r✓I P� ' a- t r 1,y
NAME OF PETITIONER: �YttG rr y�
SIGNED:
Petitioner(or petition s representative)
lIuj
NO V LJ 1600 Osgood Street,North Andover,Massachusetts 01845
n ^ ^ Phone 978.688.9541 Fax 978.688.9541 Web www.townoinorthandover.com
BOArD OF AP PE=ALS
f I r ^~ VED
-r
TOWN OF NORTH ANDOVER
VAAN E
ZONING BOARD OF APPEALS
2006 OCT 13 ,P1, 1: 111
NAME: SW 2td LCCr19A-/
ADDRESS OF APPEAL: /13.2 519L-F,," -S?2E-671- AJ AN:i 1"'i'"lam E{ F� n Clerk T rr;e Stamp
a�(o- X37 ° t �as',Ci ;� i
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty U days prior to the first.public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal
Zoning Board of an application as incomplete. notice for mailing to the parties in interest (abutters) and
The information herein is an abstract of more for publication in the newspaper. The petitioner is
specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the
Rules and Regulations and is not meant to cost of the Party in Interest fee.
supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO
that are underlined NEWSPAPER
The petitioner picks up the legal notice from the Office
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the !egal
The petitioner applies for a Building Permit and notice to the local newspaper for publication.
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petition, the Board shall decide on the matter by using
completed. the information it has received to date.
STEP 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be
cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4. OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A § 17, within twenty (20) days after
The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk.
a certified list of Parties in Interest (abutters).
STEP 10: RECORDING THE DECISION AND PLANS.
STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of
r
Petitioner submits one (1) original and ten (10) Xerox the decision, the Mylar, and any accompanying plana at
:-opies of all the required information to the Tev-vn Clerk's the Essex County, North Registry of Deeds, •'81
�3f5ce to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the
:-71d date of filing. The original will be !eft at the Town Certification of Recording form and forward it to the
:!.erk's Offire, .and the 10 Xerox copies,.mill to left,xith Zoning Board of Appeals.and to the Building
`-tee ;Loon rq ?oard of Appeals secretary. CeF.artment.
,"41 PC f PHONE TIMBERS:
1 -: 8-)533 ffice .f Community Oev. & :3r;rr ty,es 'kith AAFgdol,.er Tcwn I-!all
11613C Osfic.,od Str?et, ;�0 n''g3in .freet
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PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
Please complete all items 1 - 10 below:
1. Petitioner: *Name, *Address and telephone number:
-FaTRtr-c,+ aPE 6-1g1V /132 !�;,9LrRl" .6 ;/7�c 1U. r9iy' is jC12, 1-1- 04
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
P yq-r;2l C l r4 a =G�9r�i /�3 z sA�C-i1.i' s '�,T ti i4.✓.�� C ,..� <! ���3
Years Owned Land: 2 rna,.r�ls
3. Location of Property:
a. Street: ii.3 zs�- ,vt s;��� Zoning District: 2-1
b. Assessors: Map number: /off •9 Lot Number:, _5,Z Ls-33-
c.
c. Registry of Deeds: Book Number: 0 3ss Page Number: 2 S� j
4. Zoning Bylaw Section(s)" under which the petition for the Variance is made.
%i9aLC Z Sc/nn.�,t,9f�y D� t]�..A�nlstV N.q-� P—ez U 10-L11"
'Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance request:
RL-Lb-- - -rR'F 07::�- -4iV CXls f(cJ� 1.3
7L%."ID ?470-Ce L-s �,� �,®y .gyp i Am s
The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4,section 9 of this application. Failure by the applicant to describe the request clearly
may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not involve additional items not included above.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
1-ot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Frcnt Side A Side B Fear
A. %
93os' % - e?. L/ _
iE- �X1sTw � Noi✓ co��R.uin� HwE�.L�NS
i
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E
I 1
6 B. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
lD�4636fl!A 378.x3 I e 73
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
�► " yap ,vrr .��.� i�9.�q — 35,2 y8 8 ya
�.S— 10.6 328 1/0 i73
I
6 D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7/.;2o n� .� — 175- — 30 30 3 C) 3 d
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building* of Units""
I
i
Z,S`�O 2 32 ` �/oc�c�� f�cs�ouT ( D.,•ctli _�_
I
"Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s).
7B. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building' of Units"
1. oL t A oZ 33/ 3Ba y �cS�1>e-t itA-L- r-)wcL4-c C- L
2 S`cl o Z. 32` o�� !�.cs•d)e.1;7 c�l 1�w��1 �_
*Reference Uses from the Zoning Bylaw&Table 1.
"State number of units in building(s).
6. Petitioner and Landowner signature(s):
Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by the Zoning Board of this application as incomplete.
Signature: 2
Type above name(s) here:
PAGE 4OF4
1
VARIANCE
3. WRITTEN DOCUMENTATION 110. U. :?!,,-m Specrtic;atidns:
^Ipplication for a `'lanance mtjst be supported by a q 'Size of plan: Ten (10 ) paper copies of a plan not
legibly written or typed memorandum setting forth in o exceed 11'x17', peafereed scale of V=40'
detail all facts relied upon. '0]hen requesting a Variance M One (1) Mylar, rrlth one block for Registry rJse
from the requirements of MGLA ch. 40A, Sec. 10.4 and Cnly, and one block for five (5) ZBA signatures & date.
the North Andover Zoning By-laws, all dimensional III) Plan shall be prepared, stamped and certified by
rf�quirerr;ents.shall be clearly identified and factually a Registered Professional Land Surveyor. Please
Supported. All points, A-F, are required to be note that plans bya Registerad Professional Engineer,
;addressed with this application. Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
A. The particular use proposed for the land or X10 C. Required Features On Plan:
structure. n Site Orientation shall include:
E3. 1 he circumstances relating to soil conditions, shape 1. north point
or topography of such 'and or structures especially 2. zoning district(s)
affecting the property for which the Variance is " 3. names of streets
sought which do not affect generally the zoning 4. wetlands (if applicable) j
district in which the property is located. 5. ]butters of property, within 300',radius
C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties
financial or otherwise, which results from literal !Alithin 50' from applicants proposed structure
enfcrcement of the applicable zoning restrictions 7. deed restrictions, easements.
with respect to the land or building for which the TI) Legend S Graphic Aids shall include:
variance is sought. 1. Proposed features in solid lines & outlined in red
D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines
sought will be desirable and without substantial 3. Graphic Scales
detriment to the public rood. 4. Date of Plan
E. Facts relied upon to support a finding that relief 5. Title of Plan
sought may be given without nullifying or 6. Names addresses and phone numbers of the
substantially derogating from the intent or purpose applicant, owner or record, acrd land surveyor.
of the ordinance. 7. Locus
F. Submit RDA from Conservation Commission when 10 D. Minor Projects l
Continuous Buildable Area is applied for in ZBA 'Minor projects, such as decks, sheds, and garages,
aoplication. shall require only:he plan information as i„dicat-ed vith
an. asterisk('). In some cases further ie-4ormation ritay
'!0. PLAN OF LAND be required.
1 teach application to the Zoning Board of Appeals hall
be accompanied by the foiicwing described plan. Plans 11. APPLICATION FILING FEES
must be submitted with this application to the Town 11.A. Notification fees: Applicant shall provide a
Clerk's Office and ZBA secretary at least thirty (30) Jays check or money order to: "Town of North Andover-
prior to the public gearing before the Zoning Board of .4022-1760-4841" for the cost of first class, certified,
r,ippeals. return receipt($4.64 as of January 2006) x#of all
parties in interest identified in MGLA ,�h. 40A 311 on i":he
A sat of building elevation plans by a Registered abutter s list for the legal notice check. Also. the
Architect may be required ryhen the:application applicant shall supply first class postage stamps
t nv-olves new constructicn/conversionl and/or a ;currently 39¢)x,:he#of parties of i.,terest 1n the
proposed '_-tiange in use. ]butter's list for`he decision tZ�.:ilirg.
0., A. Major Prciects 11. B. hAailirria l;!bF�ls: :applicar;t :�tral! f rovrde 'our ,b)
.r ;etsoft:?.ilin t. "815 ro 3'n 1" e-
i rr its ire • 'c,e �i.ich ins eAve :�e =f the 9 er hen r3 3 L 5
rs'r rca�: :r-hr !_'jai, rd ,,ne `.,��..7t r -.i-'? ����•CG zP't`.r1}.
or r u ' park tg
j4.zy.,..� .jy 73A, 01
t t _._ _.. li '.Ir4'� f _.0 I'. fl�,�.�.. ."i' � J . .:F"•EB �:�Y�� L r..x F .i-t�Ed !B' ;1 � .�,�F,Rf..s� r`l i.Ip "".1�'-r.
j
I
NORTry
Zoning Bylaw Review Form
3 °t
° p Town Of North Andover -
,�y Building Department
1600 Osgood Street, Building 20, Suite 2-32
North Andover, MA. 01.845
Phone 978-688-9545 Fax 978-688-9542
Street: 1132 Salem Street
Ma /Lot: 106.A/52853
Applicant: Patricia De an
Request: Construct new single family dwelling
Date: 10-12-06
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning District: R-1
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient X 1 Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies X
3 Lot Area Complies 3 Preexisting frontage
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed X G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexistin CBA X
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply X= Lot 1 1 Height Exceeds Maximum
2 Front Insufficient X=Lot 2 2 Complies X=Lot 1
3 Left Side Insufficient 3 Preexisting Height X= Lot 2
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed X 4 Insufficient Information
2 In Watershed J Sign
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required 1 More Parking Required
2 Not in district X 2 Parking Complies X
3 Insufficient Information
Remedy for the above is checked below.
Item# Special Permits Planning.Board Item Variance
#
Site Plan Review Special Permit C-2 Setback Variance
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit A-1 Lot Area Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
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 Other
Watershed Special Permit Supply Additional Information
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading
information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the ab a file.You must file anew building permit application form and begin the permitting process.
9R65-ing'156—partmenf Jffici6l Signatur Application Received A lication Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the building permit
for the property indicated on the reverse side:
Review Reasons for QeMal
FQrrr>t Item
Reference
3 mfr
A-1 A Variance is required from the Zoning Board of Appeals under Section 7.1
(Lot Area) &Table 2 of the Zoning Bylaw for the 2-acre R-1 lot area in order
to divide parcels 52 & 53 into Lot 2 (existing single family dwelling) & Lot 1.
C-2 A Variance is required for the front setback on the existing single-family
dwelling of proposed Lot 2 from the Zoning Board of Appeals under Section
7.3 (Yard Setbacks) & Table 2 of the Zoning Bylaw.
Referred To:
Fire Health
Police X Zoning Board
Conservation Department of Public Works
Planning Historical Commission
Other BUILDING DEPT
ZoningBylawDenia12000
November 3, 2006
North Andover Board of Appeals
1600 Osgood Street
North Andover, MA 01845
Re: 1132 Salem Street,North Andover
Assessor's Map 106A Parcels 52 & 53
Dear Members:
Please accept this letter as notification that Benjamin C. Osgood, Jr. is authorized to act
on our behalf in regards to the zoning board application presently being considered by the
board for the above referenced property.
Sincerely,
"P� 4LDr
Patricia Degan
d
NOV 3 -
2006
BOARD OF APPEALS
BK 10355 PG 253 ,
(Quittla tm ;Deeb
We, Richard D.Adams and Joanne Adams,husband and wife of 114 Stonecleave Road, North
Andover, MA 01845,
In conslderadon of Four Hundred Ninety.Five Thousand and 001100($495,000.00),
o•a 5� �q L-1 o�slw�la�,a a�•a w«Se,as ieY++�a�.+s b �41,� e,.4±raiyf KR
grant to Patricia Degari�diwd�alty,o{1132 Salem Street, North Andover, MA 0185,with quitclaim
cobertanto the land with the buildings thereon situated in said North Andover,shown upon a plan of land
recorded and entitled"Plan of Land, Property of E. M. Kruschwitz Estate, North Andover, Mass."Dated
May, 1956 and drawn by R. B. Parkhurst, Surveyor,of Boxford, Mass., recorded in the North Essex
Registry of Deeds as Plan No. 3302, more particularly bounded and described as follows,to wit:
w> Beginning at a point on the easterly side of Salem Street in said North Andover at land now or
formerly of C. Low;thence running easterly 240 feet by said Low land to land now or formerly of C. Farr;
thence turning and running southerly 370 feet by said land of C. Farr and land now or formerly of M.
pJohnson to land retained by us;thence turning and running S 89 15'W 298 feet partly by our land and
2
partly by land of the Fuller heirs to said Salem Street;thence turning and running northerly along said r-.
Salem Street 380 feet to the point of beginning;containing 2.3 acres. P
Being a portion of the same premises conveyed to Richard D.Adams and Joanne Adams,bleed N
dated January 3,2003,and recorded with said Registry of Deeds in Book 7728, Page 221. o w
N-` D
In Vitutoo 30bereT�;day
a said Richard D.Adams and Joanne Adams have caused these 4
presents to be executed this of August,2006.
in sum f S ,_ A Ric D.Adams
affized sad cancsUed on AN o
instrument.
d Jo ams c
Cr
Commonwealth of Massachusetts CT-
Essex,ss
On this] day of August,2006, before me,the undersigned Notary Public, personally appeared
the above-named Richard D. Adams and Joanne Adams,proved to me by satisfactory evidence of
identification,being(check whichever applies): [vjdriver's license or other state or federal governmental
document bearing a photographic image,[ ]oath or affirmation of a credible witness known to me who
knows the above signatories,or[ ]my own personal knowledge of the identity of the signatories,to be the
persons whose names are signed above, and acknowledg a foregoing to be signed by them, as their
free act and deed,voluntarily for its stated purpose.
Before me,
WWW iao w Patricia J. Nola , Notary Public
o� a rn My commission expires:September 22,2006
1�•-�us.� Asa,
tis cE,r•i•�s� b��.yt
NES% ENGuNT ENGANTEERING SERAUCES, INC.
1600 Osgood Street
Building 20 Suite 2-64
North Andover, MA 01845
Tel: (978) 686-1768 • Fax: (978) 327-6138
Benjamin C. Osgood, Jr., P.E. October 12, 2006
President
North Andover Board of Appeals
1600 Osgood Street
North Andover, MA 01845
Re: Assessor's Map 106-A Lots 52 and 53 Salem Street,North Andover
Variance application
Dear Madam Chairman:
Please accept this letter as a memorandum in support of the request for a variance for the
above referenced property. The particular supporting information as required by the
application is outlined below.
A. The particular use proposed for the land or structure.
The proposed use for the proposed structure is as residential single family dwelling. The
dwelling would be occupied by the applicants step son.
B. The circumstances relating to soil....which do not affect generally the zoning
district in which the property is located.
The property was shown on a plan in 1956 as two conforming lots. When the zoning was
changed in the 1980's the two lots were in single ownership and were not protected from
the zoning change. The resulting lot combination is the only two acre lot along Salem
Street. The current owner would like to return the property to two lots which would be
more like all of the lots along that stretch of the roadway.
C. Facts which make up the substantial hardship,financial or otherwise,which
would result from literal enforcement of the applicable zoning restrictions with
respect to the land or the buildings for which the variance is sought.
The applicant would like to construct a dwelling for a family member. The applicant has
a family situation where a relative requires care and needs to live with the applicant. The
applicant would like her husbands' son to live in town and be able to provide some of the
care and generally be closer. The current real estate values prohibit him from purchasing
a home in the neighborhood. By allowing this additional lot the applicant will be able to
provide an affordable place for her stepson to reside in North Andover
Sd
D.Facts relied upon to support a finding that relief sought will be desired and
without substantial detriment to the public good.
The property is located in a single family residential zone. The use will remain as single
family dwellings. The proposed dwelling would be located a large distance from the
structures on the adjacent property and will not be detrimental to those structures or the
neighborhood in general. The resulting lots would be the same general configuration as
the majority of the lots in the Salem Street/Forest Street area,most of which were
developed while the area was part of the R-2 zoning district.
E.Facts relied upon to support a finding that relief sought may be given without
nullifying or substantially derogating from the intent or purpose of the ordinance.
The intent and purpose of the bylaw is to protect the inhabitants of the town and the
properties within the town. Since the property is residential and the neighborhood is
residential there will be no degradation of the neighborhood which is consistent with the
purpose and intent of the bylaw. The fact that a family member will be afforded a place to
live in the town will further enhance the close knit family feel of the town.
F. The wetland line was approved by the conservation commission in conjunction with
the installation of a septic system several years ago.
I will be at your next meeting to make a presentation to the board and to discuss this
matter.
Sincerely,
�� (CL U(
Benjafnin . Osgo , Jr., P.E.
President
Oct 12 2006 2: 48PM Town of North Andover Mas 9786883211 P. 1
A i ter to A&Xer( ) BiRding Dept. ( J Conservation (` ) Zoning ( J
REQUIREMFNr: MGL 4DA,Section 11&tales in part'Parfies in Interest as used In this charter shat mean to petitioner.
atwaars,ovaers of Land directly apposition arty pubic or private way,and abutters 19 0"ers within
three hundred(900)feet of am property line or the petitioner as they appear on the most recent.apptirabte
W W not wahstandinp that the land of any such owner is located in enottter city or town,the planning
baud or the city or town,and the planning board of wary abutting city or hmn.'
Sublect Property:
MAP PARCEL Name Address
106.A 44 Richard Adams vr14 Stonecleave Road North Andover,MA 01845
Abuffws Properties
Man am/ Name Address
106.A 33 George Farr U;10 Box 35 North Andover,MA 01845
106.A 42 Andrea Hennessy 1,"60 Salem Street North Andover,MA 01845
106.A 45 Andre Abou-Farah 1116 Salem Street North Andover,MA 01845
106.A 46 Jeffrey Comblatt 1070 Salem Street North Andover,MA 01845
106.A 49 Frank Disalvatore t VW Salem Street North Andover,MA 01845
106.A 50 Sam Dantonio L,1455 Salem Street North Andover,MA 01845
106.A 52 Richard Adams 1132 Salem Street North Andover,MA 01845
106.A 53 Eleanor Flanders 1132 Salem Street North Andover,MA 01845
106A 55 Ellen Dowaliby L,41 10 Salem Street North Andover,MA 01845
106.A 56 Patricia Nett 1100 Salem Street North Andover,MA 01845
106,A 57 Richard Miller 1094 Salem Street North Andover,MA 01845
106.A 121 Kathleen Rohde \X190 Salem Street North Andover,MA 01845
106.A 259 Amit Singh 1075 Salem Street North Andover,MA 01845
106.0 3 U Commonweatfh of MASS te-t�(4 ip 00 Cambridge Street Boston,MA 02202 10.
Date 10/12!7006
Page 1 Of 1
This certifies that the names appearing on the
records of the Assessors Office .as of
eiv/PtZy �� a�6
a6
Certifi y: Date �3
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and a utters to abutters within
three hundred(300)feet of the property line of the petitioner as they app. on the most recent applicable
tax list,not withstanding that the land of any such owner is located in an er city or town,the planning
board of the city or town,and the planning board of every abutting city r town."
Subiect Property:
MAP PARCEL Name Address
108.A 52 Richard Adams 1132 SA M STREET,NORTH ANDOVER MA 01845
Abutters Properties
106.A 55 Ellen Dowaliby 1110 S em Street,North Andover MA 01845
106.A 181 Edward Hanley 1212 lem Street,North Andover MA 01845
106.A 44&53 Richard Adams 114 onecleave Road,North Andover MA 01845
106.A 45 Andre Abou-Farah 111 Salem Street,North Andover MA 01845
106A 33 George Farr P.CF. Box 35,North Andover MA 01845
106.A 42 Andrea Hennessy 11 0 Salem Street,North Andover MA 01845
106.A 121 Kathleen Rohde 190 Salem Street,North Andover MA 01845
106.A 50 Sam Dantonio 155 Salem Street,North Andover MA 01845
106.A 49 Frank Di Salvatore 099 Salem Street,North Andover MA 01845
106.0 3 Commonwealth of MA 100 Cambridge Street,Boston MA 02202
This certifies that the names appearing on the
reco s 0f thea Asses rf•? O ce as of
Certified by. . , Date
G
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Subiect Property:
MAP PARCEL Name Address 1
106.A 62 Richard Adams ,.1132 SALEM STREET,NORTH ANDOVER MA 01845
Abutters Properties
106.A 55 --Ellen Dowaliby 110 Salem Street,.No rth Andover MA 01845
106.A 181 Edward Hanley r't4-Lvk *212 Salem Street,'North Andover MA 01845 tj- 2 1'-b b
106.A 44&53 -Richard Adams "AA 4 Stonecleave Road,North Andover MA 01845
106.A 45 -Andre Abou-Farah V,1"16 Salem Street,North Andover MA 01845
106A 33 -George Farr P.O. Box 35,North Andover MA 01845
106.A 42 -Andrea Hennessyt�'�60 Salem Street,North Andover MA 01845
106.A 121 —Kathleen Rohde '1190 Salem'Street, North Andover MA 01845
106.A 50 dam Dantonio55 Salem Street,North Andover MA 01845
106.A 49 ,,II l-Frank Di Salvatore t"Yo99 Salem Street, North Andover MA 01845
106.0 3 at-\VdV4 __ommonwealth of MA 100 Cambridge Street, Boston MA 02202 po-?q--Q,6
This certifies that the names appearing on the
ecords of the., Asses r. O ce as of
Certified b Date j;+
Residential Property Record Card
PARCEL_ID:210/106.A.0052.0000.0 MAP:106.A BLOCK:0052 LOT:0000.0 PARCEL ADDRESS:1132 SALEM STREET
PARCEL INFORMATION Use-Code X101 Sale Pnce 335,385 ;Book _
7728 Roatl type _ T _ Inape ct Date: 07%15/2004
Owner: Tax Class T Sale Date. 04/23/2003 Page 221 v Rd Condition P Meas Date 07/15/2004
ADAMS,RICHARD D. Tot Fin Area. -2080 �` Sale Type: _P Cert/Doc: P- y _Traffic {VI Entrance X
ADAMS,JOANNE Tot Land Area: 1.5 'Sale Valid: A - Water. Collectld RB
�.- _.
Address: Grantor FLANDERS,ELEANORw 4 ._Sewer..___
114 STONECLEAVE RD Exempt-B/L% / Resid-B/L% 100/100 Comm-B/L010 Indust-B/L% 0/0 Open Sp-B/L% 0/0
NORTH ANDOVER MA 01845
RESIDENCE INFORMATION LAND INFORMATION
Style rtCL Tot:Rooms: a Main Fn Area-. A 1040m' Attic ' Y
NB CODE: 6 NBHD CLASS: 6 ZONE: R1
-� Se T Code Method S Ft Acres" Influ Y/N Value Class
Story Height: 2 Bedrooms: 3 U Fn Area: 1040 Bsmt Area: 570 _.9.q_.-YPe. 4__.. .. M_ .._
Roof: G Full'Baths. v 2 AAdd Fn Area. Fn Bsmt A`rea:. _ 1 P 101 S 43560 1 f w 209,959
Ext Wall: FS Half Baths: Unfin Area: Bsmt Grade: 2 R 101 A 0.5 2,350
Masonry m R Ext Bath Fix Tot Fin Area 208tl DETACHED STRUCTURE INFORMATION
FoundationTnCN Bath Qu T __ RCNLD -186617
.- .��...�. _ .�. ,��.. _ ..., -_;.... Str.a.mUnit `Msr 1 `Msr 2 E YR•Blt Grade Conti`%Gooil'P/F/E/R� Cosf `Class`;
Ketch Quat: T::: Eff Yr Buiit. 1965 Mkt Adl• PV .. S. 800 1988 A_ ___--A -50///50 __ ._ . 12,600 _
Heat Type:_ a FA Ext_Kitch: _ Year Built 1780 Sound Value: g5 S 640 1988 A A 50///50 6,800
Fuel Type.. _ O h Grade AG VECost Bldg. _205,300 1
Fireplace: 5 Bsmt Gar Cap: Condition: _ mA Att Str Val 1: VALUATION INFORMATION
Central AC:—_N Bir-Tit Gar SF '_77 Pct Complete;"` Atf Str Val2
s
_ _. p Current Total: 437,000 Bldg: 224,700 Land: 212,300 MktLnd: 212,300
Aft Gar SF:_ _ %Good P/F/E/R: M0011100/78 Prior Total: 408,800 Bldg: 212,200 Land: 196,600 MktLnd: 196,600
Porch Tv as Porch Area Porch Grade Factor
S 210
E 160
SKETCH PHOTO
14
15210 Sq. 15
N ,0 P i"c t.u r
=3 -Val
E 16
1i0 .R..
5769ZR
30 30
Parcel ID:210/106.A-0052-0000.0 as of 10/12/06 Page 1 of 1
Property Reoord,Card
PARCEL_ID:210/106.A•0053.0000.0 M.AP:106.A BLOCK:00.53 LOT;0000.0 PARCEL ADDRESS:SALEM STREET
PARCEL INFORMATION Use=Code: ` 132 Sale Price 1 r y Book: 06310 Road Type T Iriapect Date _ _._05/03/1999
Owner: Tax Class. T Sale Date: 08/14/2001 Page. 030.0 Rd Condition: P _ Meas Date _
I' FLANDERS TR,ELEANOR M Tot f=in Area: 0 .4 Sale Type L _ CenJDoc _4 Traffic: AA Entrance
_.__ ,
FLANDERS NOMINEE TRUST Tot Land Area 0.0 Sale Valid F Water Collect Id JIBS
Grantor - FLANDERS/1132 SALEM of Sewer: _ Inspect Reas
Address: .__
114 STONECLEAVE RD Exempt-B/L% / Resid-B/L% 100/100 Comm-B/LOBO Indust-B/L% 0/0 Open Sp-B/L% 0/0
NORTH ANDOVER MA 01845
LAND INFORMATION
NBHD:CODE: 6 NBHD CLASS: 6 ZONE: R1
Seg Type _xCode Method $q F4 Acres _ Irrflu Y/N a_ Value` N Class
1 U 132 V 34848 2,000
VALUATION INFORMATION
Current Total: 2,000 Bldg: 0 Land: 2,000 MktLnd: 2,000
Prior Total: 2,000 Bldg: 0 Land: 2,000 MktLnd: 2,000
SKETCH PHOTO
Pll"Cturqu.
AV,am
a Va-
Parcel 10:210/106.A-0053-0000.0 as of 10/12/06 Page 1 of 1