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Miscellaneous - 1135 SALEM STREET 4/30/2018 (3)
JJ �. Date. XE.,,!/G TOWN OF NORTH ANDOVER 3: .� • c ° PERMIT FOR PLUMBING ACHU � LloC �T This certifies that . ./. 1��`/'� . f 1 ,�'./ • • • • . . has permission to perform . . . ./ �^/-. . .�� . plumbing in the buildings of . . . . . . . . . . . . . . . . . at . . .�/3. . . . . .5 .� . ... � . ., North Andover, Mass. Fee. �Lic. No..�G/�.? . . . . � . . . . . . . . . PLUMBING IN. PECTOR Check 8394 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Type or print) NORTH ANDOVER,MASSACHUSETTS l C ( o � � �. l Date Building Location Owners Name y ✓� Permit#� `[ y Amount , /�f T of Occu ancy New Renovation ® Replacement 0 Plans Submitted Yes _ No FIXTURES I p„ 86 d log SLBBM 1SCHDOR � �R HI)CR M ROCR 4M HDQt SIH HDM 6IH Hf 7IH EWM SIH HD(Yt I I 17--at I 1 1. 1 1 (Print or type) ���wa J,- �k Check one: Certificate Installing Company Name ( � Corp Address 0 Partner. i Business Telephone — 0 Firm/Co. Name of Licensed Plumber: C� Insurance Coverage: Indicate the a of insurance coverage b ecking the appropriate box: Liability insurance policy Other type of indemnity ® Bond Insurance Aaiver: I,the undersigned,have been made aware that the licensee of this application does not have any one of the above three insurance Signature Owner 0 Agent 0 I hereby certify that all of the details and information I have submitted(or entered)in above appli 'on are true and accurate to the best of my knowledge and that all plumbing work and install%' performed under P t I ed for this application will be in compliance with all pertinent provisions of the Mamadiaetts State Pl C C X142 of the General Laws. Signature o Title Type of Plumbing License (� City/Town 1i Master Journeyman PROVED(oFFicE UsE oNLY i Samuel F. McCormack Co., Inc. Insurance Adjusters and Appraisers Samuel f.Womack Co.,Inc. ADJUSTERS AND APPRAISERS August 22, 2016 Town of North Andover Building Inspector 1600 Osgood Street Building 20, Suite 2035 North Andover ,MA 01845 RE ASSURED: Bret A Cerasoli LOSS LOCATION: 1135 Salem St, North Andover, MA 01845 POLICY NO: 3104159 TYPE OF LOSS: Lightning DATE OF LOSS: 08/13/2016 OUR FILE NO: 16-02828 To Whom It May Concern: Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000.00 or cause Massachusetts General Laws, Chapter 143, Section 6 to be applicable. If any notice under Massachusetts General Laws, Chapter 139, Section 313 is appropriate, please direct it to the attention of this writer and include a reference to the above- captioned insured, location, policy number, date of loss and claim or file number. Thank you for your anticipated cooperation. Very truly yours, Mike Daniels Adjuster md@mccormackadjuster.com cc: Board of Health 42 Holbrook Avenue,Braintree,MA 021841-800-972-5399(781)843-1222 Fax(781)849-8191 One Jonathan Boume Drive,Suite 7,Pocasset,MA 02559(508)403-2600 Fax(508)403-2602 www.inccormael,adjuster.com Libegy n ut gal. Liberty Mutual Insurance 1!1 1.4.1 New England Region Central Property Unit INSURANCE 75 sylvan street Danvers,MA 01923 Tel:(800)566-0323 September 12,2014 Town of North Andover Attn:Building Inspector 120 Main Street North Andover,MA 01845 Re: Property Address: 1135 Salem St,North Andover,Ma 01845 Policy Number: H3121858159640 Underwriting Company:Liberty Mutual Insurance Company Claim Number:030445515-0002 Date of Loss: 7/4/2014 Attn: Town/City Official Pursuant to M.G.L. c. 139, § 3B, please be aware that a homeowners insurance claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1,000.00 or causes the condition of a building or other structure to render Mass. General Laws, Ch. 143, 5 6 applicable. You are required to notify Liberty Mutual by certified mail in accordance with Mass. General Laws Ch. 175, 599, if you intend to initiate proceedings designed to perfect a lien pursuant to Mass. General Laws, Ch. 139, § 3A &B, or Mass. General Laws, Ch. 143, 9, or Mass. General Laws,Ch. 111,§ 127B. This letter should not be construed as a waiver or estoppel of any of the terms, conditions or defenses afforded by the policy or applicable law. Please direct your notice to the attention of the undersigned and include a reference to the above captioned property address,policy number,claim number,and date of loss. Sincerely, I Liberty Mutual Support Liberty Mutual Insurance New England Region Central Property Unit 1-800-566-0323 Date... 1...�?Aq.................. Y 4 RTly, TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION gs�cHU This certifies that .>(P_ , � � ........................................ � .. ....,, Qom. alias permission for gas installation ..��.....U..c� Y!ems... ........... in the buildings of.. f' ........',. at......� `�...... ..!.."'.......................................... North Andover, Mass.. Fee.��.... ...... Lic. No. 2 .... GASINSPECTOR Check# 93 �b MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM GAS FITTING WORK �IY - CITY AJ k _oc, MA DATE PERMIT# JOBSITE ADDRESS i lI U- 5� — OWNER'S NAME rP C PrG 50 l,. GOWNER ADDRESS TE / 77/ 05 Z5' _ FAXL TYPE OR OCCUPANCY TYPE COMMERCIAL( EDUCATIONAL ® RESIDENTIAL)R PRINT CLEARLY NEW: RENOVATION:El REPLACEMENT:® PLANS SUBMITTED: YES 0 NOW APPLIANCES 7 FLOORS- BSM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 BOILER . L BOOSTERI CONVERSION BURNER - COOK STOVE DIRECT VENT HEATER DRYER FIREPLACE FRYOLATOR FURNACE - GENERATOR ( ( .._ 4 -.._.._T1 I --I — = - =zr. .1.C- .. --� -� J---_I GRILLE INFRARED HEATER [ - ,_I ____ LABORATORY COCKS MAKEUP AIR UNIT _ t OVEN - I. POOL HEATER ROOM/SPACE HEATER ROOF TOP UNIT -- 1 - - - - - - - TEST _ -- _ - -_ I _.----- 1 _ ._J_ T( _ ____! 1 UNIT HEATER UNVENTED ROOM HEATER ( W f WATER HEATER OTHER F - --- --- - - - I L-- - --� --1 -�-I - I - INSURANCE COVERAGE I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL.Ch.142 YES JKrINO i',YOU CHECKED YES,PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY [ OTHER TYPE INDEMNITY © BOND F OWNER'S INSURANCE WAIVER:I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws,and that my signature on this permit application waives this requirement. CHECK ONE ONLY: OWNER 0 AGENT SIGNATURE OF OWNER OR AGENT hereby certify that all of the details and information I have submitted or entered regarding this application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with,4 Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. PLUMBER-GASFITTER NAMEc�re�_. a � LICENSE# FS 26� V SIGNATURE MP)M MGF El JP 0 JGF Q LPGI© CORPORATION©# PARTNERSHIP©#��LLC M#� COMPANY NAME: 11ADDRESS CITY 4�a _ _ STATE /+?f ZIP bib TEL FAX��- CELL EMAIL �' ROUGH GAS INSPECTION NOTES THIS PAGE FOR INSPECTOR USE ONLY FINAL INSPECTION NOTES Yes No THIS APPLICATION SERVES AS THE PERMIT ❑ ❑ FEE: $ PERMIT# PLAN REVIEW NOTES • ;'11 r The Commonwealth of Massachusetts - Department ofIndustrigl Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Leizibly Name(Business/Organization/Individual): 9r✓�` ✓� Address: City/State/Zip: A-,"5 A4 63 Phone#: l? t/ 7 2 Are you an employer?Check the appropriate box: Type of project(required): 1.O!am a employer with 1 4. ❑ I am a general contractor and I 6. ❑New construction L employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and'have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers' comp.insurance. 9. F1 Building addition [No workers'comp.insurance 5. ElWe are a corporation and its required.] officers have exercised their 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL I I V Plumbing repairs or additions myself. [No workers' comp. c. 152,§1(4),and we have no 12.0Roofrepairs insurance required.]t employees.[No workers' 13.❑Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. I-Homeowners who submit this affidavit indicating they are doing all work and then.hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:. Policy#or Self-ins.Lic.#: ExpirationDate: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as requiredunder Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one=year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. Idoherelycertifyun r t epams andpenalties ofperjury that the information provided above is true and correct Si afore: p Date: � /b Phone#: (7� (7 z �O Official use only. Do not write in this area,to be completed by city or town offaciai City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.PIumbing Inspector 6.Other - - - Contact Person: Phone#: f � Ili Information and Instructions • Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract ofhire,- express or implied,oral or.written." An employerl s defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,'§25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who,has not produced-acceptable evidence of compliance with the insurance coverage required" Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)"A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or'-permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth,of Massachusetts Department of Industrial Accidents Office of Investigations 600 Wasbi gton.Street Boston,MA.0211 t TO.#617-727-4900 ext 406 or 1-877:lASS.A-FE Revised 5-26-05 Fax#617-727-7749 ww.mass,80vfdia r" `GONFMONWEALTH OFMASSACHUSETTS HOARD IF PLUMBERS "ANS G'ASF IT:TERS' NG ISSUES T.HE FOLLOWI :LICENSE I CF1V5ED AS A MASTER ,RLUMB;ER � 'f a ti� Z ANDREW M ROBERtl PO BOX 1142 P`L A r S r0 :NH 03865-114-2 15268 o5/0l/ 208205 Town Clerk Time Stamp Town of North Andover t--Cc-1 V E D ZONING BOARD OF APPEANUS`P �'q 0��F I C Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre,Vice-Chairman F NORTi4 1 NO APR -5 PM 2: 53 Richard J.Byers,Esq.Clerk 3� b t+ � "V6 Joseph D.LaGrasse O A ,''11110F David R.Webster * - .1 IH D R T H A@ �� E Associate Members Thomas D.Ippolito ::... C H�� i f s ? Richard M.Vaillancourt +�rao Daniel S.Braese,Esq. 4SswcHusr`� 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. 40A, §17 Pro at: 1135 Salem Street 106.A,Parcel 44), NAME: Richard&Joanne Adams, HEARING(S): December 12,2006, 114 Stonecleave Road,North Andover,MA February 20& March 13,2007 ADDRESS: 1135 Salem Street(Map 106.A,Parcel 44) PETITION: 2006-040. North Andover,MA 01845 TYPING DATE: March 20,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon the application of Richard&Joanne Adams, 114 Stonecleave Road,North Andover,MA 01845,for premises at: 1135 Salem Street(Map 106.A,Parcel 44),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 and the rear setback in order to construct a single family dwelling. Said premise affected is property with frontage on the West 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 November 27&December 4,2006. j The following voting members were present: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III, David R. Webster,and Thomas D.Ippolito: The following non-voting member was present: Richard M. Vaillancourt. Upon a motion by Joseph D.LaGrasse and 2"a by David R. Webster the Board voted to GRANT dimensional Variances from Section 7,Paragraph 7.1&7.3 and Table 2 of the Zoning Bylaw for relief of 38,362 square feet from lot area and 16'from the rear setback in order to construct a proposed single family dwelling;per: Site: 1135 Salem Street(Map 106.A,Parcel 44)North Andover,MA 10845 Site Plan Title: Proposed Site Plan, 1135 Salem St.,North Andover,MA,Assessors Map 106A,Lot 44,prepared for Mr.Richard Adams, 114 Stonecleave Road,North Andover,MA- Date(&Revised Dates): October 10,2006,revised 11-29-06, 1-3-07 Registered Professional David Alves,#45454,New England Engineering Services,Inc., 1600 Osgood Land Surveyor: Street,Building 20, Suite 2-64,North Andover,MA 01845 Sheet/Drawin : 1 of 1 I Page 1 of 3 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 RECEIVED ZONING BOARD OF APPEALS f4 '; Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre, Vice-Chairman E OORT#t 1� 2007 APR _r� PH 2: 53 Richard J.Byers,Esq. Clerk 3y��.<r``� #6,e oL Joseph D.LaGrasse O David R.Webster #- T01111,01 l t' flssociate MembersNORTH ! d U i • i �r Thomas D.Ippolito +� o4`E . � SSQFIirrY Richard M. Vaillancourt �o►wreo Daniel S.Braese,Esq. 9ssAc►+u5r`� Plan Title: Proposed Subsurface Sewage Disposal System, 1135 Salem St.,North Andover,MA,Assessors Map 106A,Lot 44,prepared for Richard Adams, 114 Stonecleave Road,North Andover,MA. Registered Professional Benjamin C.Osgood,Jr.,Civil No.45891,New England Engineering Engineer: Services,Inc., 1600 Osgood Street,Building 20,Suite 2-64,North Andover, MA 01845 Date(&Revised Dates): November 6,2006,revised 1-3-07,3-2-07 Sheet/Drawing: 1 of 2,2 of 2 Board of Health: Approved : Susan Sawyer,March 5,2007 Building Plan Title: F24'X 38' Colonial w/att Family Room Northeast Homes,Fine Custom Construction,N.Andover,Ma. Date: 12/27/93 Sheet/Drawing: A24 Front Elevation,A2-2[left,right,rear elevations],Al-1 First Floor Plan, &AI-2 Second Floor Plan. With the following conditions: 1. Rear setback shall be no less than the requested and approved 14'from rear lot line and left side setback shall be no less than 53'to south side lot line. 2. Revised Site Plan&Mylar for Map 106.A Parcel 44 shall show appropriate water runoff designs for negative pitch to Salem Street,per Town Engineer's comments dated April 4,2007 incorporated by and referenced herein. 3. The revised Site Plan&Mylar for Map 106.A Parcel 44 shall be subject to and conditioned upon the Town Engineer's comments dated April 4,2007 and incorporated by and referenced herein to decision 2006-040 being filed with the Town Clerk. 4. The applicant shall provide landscape buffers to screen the subsurface sewage disposal system from Salem Street and landscape buffering between the applicant's south side lot tine and Map 106.A,Parcel 50,1155 Salem Street as depicted on the Revised Site Plan& Mylear. 5. The revised Site Plan shall show that the eidsting garage to be razed and not replaced. Voting in favor: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,David R Webster,and Thomas D.Ippolito. Unanimous vote 5 to 0. The Board finds that owing to anumstances relating to the shape of the very long and narrow parcel's street frontage of 689.01'and 86.74'at the widest point,the south side setback especially affects 1135 Salem Street(Map 106.A,Parcel 44)but does not affect the Residential 1,(R-1)zoning district in general, a literal enforcement of the provisions of Section 7,Paragraph 7.3 and Table 2 and Section 10,Paragraph 10.4 will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw. Page 2 of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com Town Clerk Tune Stamp Town of North Andover FEC IVES ZONING BOARD OF APPEALS Tp Vf�:' S COIF Albert P.Manzi III,Esq. Chairman Ellen P.McIntyre, Vice-Chairman o� No oTM q 2�0! ��� —5 PH 2• Richard J.Byers,Esq.Clerk 3r 4.. . ,".e'oL ' 53 Joseph D.LaGrasse C to n. David R Webster r����t< u x r-. Associate Members � _ - � NORTH :�.,�G�fro 9 Thomas D.Ippolito '� o*�;; �` M A 5 S A r:�j„q 46 T r, Richard M. Vaillancourt '; ,0+Arso'*"� Daniel S.Braese,Esq. 9S�ACHus�� Also,the Board finds that the applicant has shown that the lot was not held in common ownership since July, 1956,and conformed by having 1.17 acres and 699'of street frontage to the then existing requirements,"6.33 In Rural Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than fifty thousand(50,000)square feet area and not less than one hundred fifty(150)feet width at the street frontage.",North Andover Zoning Bylaw,May, 1956, The Board finds that 1135 Salem Street is shown on the Plan of Land Property of E.M.Kruschwitz Estate, North Andover Mass,R.B.Parkhurst,Surveyor,Boxford Mass.May 1956,stamped"This plan does not require the approval of the Planning Board of the Town of North Andover,June 19, 1956",registered as Plan#3302 and referencing the deed in Book 837,page 25 at the Essex No.Dist.Reg.of Deeds,July 10, 1956. The Board finds that a literal enforcement of the provisions of 7.1 and Table 2 will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. No,yfh Andover Zo ' d of tkppas rt P.Manzi, ,Esq., Chairman chard J.Byers, sq.,Clerk Joseph D.LaGrasse David R- Webster Associate Member Thomas D.Ippolito Decision 2006-040. M106.AP44. Page 3 of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com HORT11 o� .1,..o it,� Town Clerk Time Stamp r -CE(VEQ r`1sF 0+,..o.� 2006 NOY 21 AN 10. 32 C►ia15 ZONING BOAR®OF APPEALS TO fvii n,r NORTH ANDWvzR Community Development Division HASSACHUSEfT5 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 12th of December, 2006 at 7:30 PM to all parties interested in the application of Richard&Joanne Adams, 114 Stonecleave Road,North Andover,MA 01845,for premises at: 1135 Salem Street(Map 106.A,Parcel 44),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 and the rear setback in order to construct a single family dwelling. Said premise affected is property with frontage on the West 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 November 27&December 4,2006. m 9? 'i wagD�--co sa cD R saa�m<=° cDa�m,=°vwDDS� wmy I DO Z Ma? ^ cD CD . I 1viw�m�m-mc'7via°i?_�a°_o Aycwe7. cCcaOcmemp����m mmno�'➢.wiA3-ma��Eowo°a�mawaN 9�_m mw�gy0Q�m o a:_,mo y maD O�vSD�Do �5`wornawm ? moom° v �crZ° D�1D ='om° O0amLegalnotice 2006-040. �o°o�go° � D� o3 Er `m—cmo ° cWaaaDan� Oo » Jnc oo<M106.AP44. • vDc� o - nm�m °tei a,Z CD .omo o a ' �� y0 3 Ao ��° °� N — rrNm oallom oi0 t1V . 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.coin TOWN OF NORTH ANDOVER /ARIA ZONINGARD OF APPEALS P40Y 21 N'10: 3 NAME: (Cl2Crici ' � C?CcnYJ.e Akw/s ,ADDRESS OF APPEAL: , NW . � M I C€5 .;A 0tG wn Clerk Time Stamp 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. T he 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. i. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO a` that are underlined NEWSPAPER i 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 l required in items 1 through and including 11 shall be petition, the Board shall decide on the matter by using C it 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 i The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list ref Parties in Interest (abutters). r STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of I. Petitioner submits one (1) original and ten (10) Xerox the decision, the Mylar, and any accompanyi►rg pians at :OOies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, `81 £ ffice to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the �i date 'af filing. The original will be !eft at the Town Certification of Recording form and forward it to the :lark's Office, .and the 10 Xerox copies,mill !.e left�hith Zoning Board of Appeals:and to the Building ,e 7,3r,:rq -'card of".ppeals secretary. repartm?nt. VrRTANT HONE NUMBERS: ; - fice ;f!jE�rtrrrtr�r ity.r�'v. _,.,r ;:es ?Ieith ,kntkover T:,-,jn Pall - ICC 7Rr3et .crth ArAriver, `PIA )i,z1� 'a r:�c? ��!�I c .`0-9 ' ,',res - ,LL 3- � �� �•�fir .. r'?1r;?r.ti,r=� fez .,._�,. r;t . .rs .�3 �,.0h ,. .,.1 yor's ., .,. irg =-d f,Ir?kit" SIS Ir-" PAGE 2OF4 c NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE I� Please complete all items 1 - 10 below: 1. Petitioner: *Name, * ddress an t lephone number: j --� *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 owne��- 1 Years Owned Land: 3. Location of Property: a. Street: _JWeeJ- Zoning District: b. Assessors: Map number: Lot Number: 19 c. Registry of Deeds: Book Number: Page Number: 660 4. Zoning Bylaw ection(s)* under which the petition for he Variance is made. g? �) 2 -7s . Z.�,��r a�U t C v� —�c.2e �, bey l 2 �1 ? 6 i fru 'Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner, 5. Describe the Variance request: e LS C 141 -.ed y4 75 �c�. �� �� sr2c «r l�e� �� `T,lz� s. i�cCZ, 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 i not involve additional items not included above. `I 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and a are in case of a lot split) I i.of Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear r - — — 1 7 „> �yL NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 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 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 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 7A. Existing Building(s): y Ground Floor Number of Height Total Use of Number 4. Square feet Floors Sq. feet Building" of Units*" Ni g yb *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 " of Units"" q S uare feet Floors Sq..feet Budin it i g l 11 *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building's). i 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited 'herein and in the Zoning Board Rules and Regulations ,nlay result in a dismissal by the Zoning Board of this application as incomplete. Signature: Z_" I Type abeve names here: PAGE4 OF .4 VARIANCE .3. WRITTEN DOCUMENTATION `10. U. `?!In PeG,IC;Ations: "application for a Vailance must be supported by a t) Size of plan: Ten (10 ) paper copies�f:3 plan €got legibly Nritten or typed memorandum setting forth in .o ,exceed 11'x17'. pe aferred scale of V=40' detail all facts Relied upon. When requesting a Variance SI)One(1) Mylar, n,dth one block for Registry IJse from 'the requirements of MGLA ch. 40A, vec. 10.4 and Only, and one block for five (5) ZBA signatiures & date. the North Andover Zoning By-laws, all dimensional III) plan shall 5e prepared, stamped and certified by Requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please Supported. All points, A-F, are required to be I,otethat'plans bya Registered 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. 0 Site Orientation shall include: B. The 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) district in which the property is located. 5. abutters 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 .within 50' from applicants proposed stns cture ! enforcement of the applicable zoning restrictions 7. deed restrictions, easements. `�vith respect to the ,and or building for which the `=p i g FI) Legend & Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines & outlined in red f7. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought wiill be desirable and without substantial 3. Graphic Scales ,detriment to the public mood. 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, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA 'Minor projects, such as decks, sheds, and garages, , ,zoplication. shall require only:he plan information as il,,dicated:,�ith an. asterisk('). In some cases Pirther ii,fcrmation May .. '10. PLAN OF LAND be required. '-ach application to the Zoning Board of Appeals Shall be accompanied by the follcvving described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 11. A. Notification fees: Applicant shall provide a Cleric's Office and ZBA secretary at least thirty (30) clays check or Taney order to: 'Tcwn of North Andover- prior to the public bearing before the Zoning Bcard of 4022-1760-4841" for the cost of first class, certified, r,ippeals. re-tum receipt ($4.64 as of January 2006) x#of all parties in interest identified in MGLA -�h. 40A y11 on `he A set of building elevation pans by a Re istered abutters list for the legal notice check. Also, the Architect may be required when theapplication 3Nplicant stall supply first ;lass postage.:tamps i Ewolves new.ortstruwticn/r.onversiori/and/ora (currently 9¢) x 1.he;#of patties of i;Jerest n the l =cposed :h,ange in use. abutter's!!st for'he d, cisicn rr:ailing. 0•. .!. rillior Projects 11. 13. l'A 3ilirata l.abe;ls: :�f1plic;ar;t:Miall f ro/ide `a1r�r; ) iCr(f" =tS ?,re,.�,r,,e, fair h in'/3l'✓r' :.!lP cf tie =els of ri.�i!irg 1 !-els "!7 '3'"!:gtC''!^3n 1 -�l " 1`t c S it { Ile L'gal, rd ..'ne L' L I.rl'� r� (.b' or i ' par Ir) .3 es. 7e e irf, ,fir'':1. 17�a_ - '� ix . ;!'f'.nl'�k' 3r' ;e :' ri`''✓� ;?F';I� :IJ.'� G� '(^�.a Ilk? ip J s, I i NORT1 Of, Zoning Bylaw Review Form VOW*. Up Town Of North Andover Building Department SACH,SA US1600 Osgood Street, Building 20, Suite 2-32 9SEt North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 0 Salem Street Ma /Lot: 106.A/44 Applicant: Richard Adams,Trustee Flanders Nominee Trust R uest: Construct 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 I 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 1 Complies X 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 1 Front Insufficient 2 1 Complies X 3 Left Side Insufficient 3 1 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient X I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies NA 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 I More Parking Required --- 2 Not in district X 12 1 Parking Complies 3 1 Insufficient Information Remedy for the above is checked below. Item# Special Permits Planning Board Item Variance Site Plan Review Special Permit C-5 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Al 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 abovefile.You must file a ne building permit application form and begin the permitting process. Building Department Official Signature Application Received Appli a io Denied Denial Sent: If Faxed Phone Number/Date: I i November 1, 2006 North.Andover Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: 1135 Salem Street,North Andover Assessor's Map xxx Parcel XXX 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, f Joanne Adams 114 Stonecleave Road i North Andover, MA 01845 I i I i I NE-vv ENGLANN D ENGINEMU NG SERATICESa INC. 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01845 Tel: (978) 686-1768 • Fax: (978) 327-6138 November 20, 2006 North Andover Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: 1135 Salem Street North Andover MA Assessor's Map 106-A Lot 44 Salem Street,North Andover Variance Application I 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. B. The circumstances relating to soil....which do not affect generally the zoning district in which the property is located. The property as it is configured has been in existence since prior to 1956 (see enclosed plan) and complied with zoning in North Andover at that time. The parcel was larger at one time but was made smaller by the taking of land at the rear of the property for a railroad easement. This railroad easement was eventually sold to the power company and still serves as a power line easement. Due to the shallow depth of the lot it is not possible P to construct a home on the lot and meet the required offsets of the zoning district. 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. If the applicant was forced to construct a dwelling and comply with the offsets required by zoning the deepest home which could be constructed would be 16 feet deep. A home constructed to this maximum dimension would not only present a hardship to the owner but could potentially derogate the neighborhood. D. Facts relied upon to support a finding that relief sought will be desired and without substantial detriment to the public good. �I i The property is located in a single family residential zone. The use will remain as a single family dwelling_ 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 property immediately to the west(rear)of the property adjacent to the location of the proposed relief is a power line easement. This easement will never be used as a residential lot and therefore the requested relief if granted will i never impact any residential dwellings. 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 there can never be a residential dwelling on the adjacent property means that there can never be a derogation of the intent or purpose I of the bylaw as it pertains to protecting adjacent structures. F. Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, Benj in C. Osgo , Jr., P.E. President 4;s5 .2sn�snsd��AJYL Fn n� Iin ink,fi'aty ¢nod ILL 6.931, � �S V Magnetic PAW",-,f 33 o a• C. F A R R �--'" 1 95r, , M. JOHNSON 140° a o SCALE 1"z GO' 230.00 ACRE 4z PLAN OF LAND I,SACRES. PROPERTY OF 0 w �- ej E. M. KRUSCHWITZ ESTATE . NORTH ANDOVER MASS. w 1 4 O' op as 2400 oFULLER o HEIRS. 274.5' ALEM �"` .67ACRE z \ ET w 392° �'o 262 w .5 ACRE 0057'ON a ?4AINE 3; NaOht O f WQ Ze8° o E. E$T,4TEW►Tz Y , 0 N FOR TITLE SEE r•,L s !i�(YUA...D 0 °� w C,� r;a0 .< -, 'kYr c' ESSEX NORTH DIST. REGISTRY DEEDS. BOOK 350 PAGE 253 . R . B. PARKHURST Surveyor 80XFORD MASS. MAY 1956 . Oct 12 2006 2: 48PM Town of North Andover Mas 9786883211 P• 1 Abutter to Abuffer( ) 6uPdAog Dept: ( ) Conservation (' J Zoning ( ) REQUIREMENT: MGt.AOA,Sedlon i t envies in pan-Panes In irtereet as used In this Chapter shat mean the pedtionw. atwtters,owners of Ind diredy opposltson any public or private way,ad ablXere to atxuas vittin Nree hundred(NM feet of the properly line of the petMons,as they appear on the most recent app cabis tax list,not wahstandlna That the land of any such owner is located in another city or town,the planning board of the city or town,and tha planning board of everyat LOng dty or lawn.' sybiec(Property: MAP PARCEL Name Address 106.A 44 Richard Adams 114 Stonecleave Road North Andover,MA 01845 Abutters Properties Map Parcel Name Address 106!A 33 George Farr - PO Box 35 North Andover,MA 01845 1061A 42 Andrea Hennessy - 1160 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 1061A 49 Frank Disalvatore<- 1099 Salem Street North Andover,MA 01 B45 1061'A 50 Sam Dantonio- 1155 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 106.A 55 Ellen Dowaliby 1110 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- 1190 Salem Street North Andover,MA 01845 106.A 259 ,Amit Singh 1075 Salem Street North Andover,MA 01845 106.0 3 U Commonwealth of MASS- 100 Cambridge Street Boston,MA 02202 i Date 10112J2006 Page i of 1 This certlfles that the names appearing on the records of the Assessors Office as of Ceirtifi y. Date 14 r3 e6 Oct 12 2006 2: 48PM Town of North Andover Mas 9786883211 P• 1 Abutter to Abutter( ) 6ur7dhg Dept. ( } Conservation C ) Zon ng ( J REWREMENr: MGL 40A,Section 11 states in pan'Panles in Irteresi mused In this drepler shat mean the petitioner, obuders,owners of land<Srectly oppositeon arty pubic or private way,and abutters to abutters within three hundred(MM feet of the property Ilne er the petldww as they appear on the most recent appilrsble tax list,not wXhstandlni that the land of arty such owner is located in enMtler dry or loam,the planning board of the city or town,and the plannkq board of•vary abutting city or lows.' Su 'ecr Proaertv: i MAP PARCEL Name Address 106.A 44 Richard Adams 114 Stonecleave Road North Andover,MA 01845 Abutters Propertres Map Parcel Name Address 106.A 33 George Farr - ;,Po Boz 35 North Andover,MA 01645 106.A 42 Andrea Hennessy - ✓Y160 Salem Street North Andover,MA 01845 106.A 45 Andre Abou-Farah- —1-1116 Salem Street North Andover,MA 01845 106.A 46 ✓Jeffrey Comblatt �70 Salem Street North Andover,MA 01845 106.A 49 Frank Disalvatore- ; f' 99 Salem Street North Andover,MA 01845 1&A 50 Sam Dantonio- 11455 Salem Street North Andover,MA 01845 106.A 52 Richard Adams �1 j 1132 Salem Street North Andover,MA 01845 106.A 53 Eleanor Flanders- V'; L' h 1132 Salem Street North Andover,MA 01845 106.A 55 Ellen Domliby- v1110 Salem Street North Andover,MA 01845 106.A 56 -Patricia Nett yL� .,Nlo,d 1100 Salem Street North Andover,MA 01845 1) -a 06 106.A 57 /Richard Miller v4094 Salem Street North Andover,MA 01845 106.A 121 Kathleen Rohde- 90 Salem Street North Andover, A 01845 106.A 259 ,Amit Singh 1 1107 M5 Salem Street North Andover,MA 01845 106.0 3 U Commonwealth of MASS- YtiTO WU 100 Cambridge Street t-,\-\f-0/0 Boston,MA 02202 I Date 10112!2006 Page 1 of 1 This certifles that the names appearing on the records of the Assessors Office as of r Certifi Y Date /to e3 ee6 I ME i I,IN �•. ��1\ .,/��� .x,,11111 0 ��< � �. ,,�d� � - �► � �. 0111 Lug lilt =—MMMOX WERE r"--10,11�010 BM .. c � . .mow e: � � • p / . t�� � 1 c 1► E ,WIN ; e• 1 �� (,� F" re OM Z" ruf op L ® i i l,� `� C' i Annual Town Meeting 5. Accouni 6. Town C) 7. Electic TOWN OF NORTH ANDOVERt„ 7A. Census 1987 ANNUAL TOWN MEETING WARRANT ' ; 8. Town Cc {p a,+ 9. Moderat 10. Advisor In the name of the Commonwealth of Massachusetts, and in 11. Capital compliance with Chapter 39 of the General Laws, and as recently amended 12. Plannin by Chapter 8, Section 9A of the Acts of 1974 and our North Andover Town 13. Board o Bylaws, Chapter 2, Section 2.4, and the Town of North Andover Charter, 14. Personn Chapter 2, `Section 3, the inhabitants of the Town of North Andover 15. Council qualified to vote in Town affairs met in the Volpe Sports Complex, a 16. Conserv Merrimack College on Monday, May 4, 1987, at 7:00 p.m. , and then and ;; 17. North A there act upon the following articles: a Commiss 18. Town Ha. ;.; & Garage ANNUAL TOWJI -ELECTIONS 18A. Communi 19. Annual Article 1. ANNUAL TOWN ELECTIONS. The election of the Town TOT] Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 2, 1987. (Petition of the-Selectmen) PUBLIC SAFET7 Article 2. ELECTION OF OFFICERS NOT ON BALLOT. To elect all Town 20. Police L Officers not required by law to be elected by ballot. (Petition of the E 20A. School C Selectmen) VOTED unanimously to adopt. 21. Fire Der 22. Dog Offi 23. Civil De TOWN FINANCES 24. Building 25. Sealer o Article 3. REPORT OF RECEIPTS AND EXPENDITURES. To see if the Measures Town will vote to accept the reports of receipts and expenditures as TOTA presented by the Selectmen (in the 1986 Annual Town Report) . (Petition PUBLIC HEALTH of the Selectmen) VOTED unanimously to accept the reports as " 26, Board of presented. 27. Greater ' Article 4. COMPENSATION OF ELEC'T'ED OFFICIALS. To see if the Town District Sham will vote to fix the salary and compensation of the elected officers of 28, Animal Ii the Town, as provided by Section 108 of Chapter 41 of the General Laws. Petition o 29. Garbage( f the Selectmen) VOTED unanimously to fix the following � g i salaries of the elected officers of the Town effective from July 1 TOTAL 1987: Board of Selectmen/Licensing Commissioners, each per annum $2,000 PUBLIC WORKS I Chairman, Board of Selectmen,, per annum 300 30. Board of 31. Moderator Sewer Mai Construct For each Regular Town Meeting 100 a' 32, Water Mai For each Special Town Meeting 50 Construct Article 5. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1988. To ZL` 33. Parks & S see what action the Town will take as to the budget recommendations of 34. Tree Depa the Advisory Board for the fiscal35. Dutch Elm year beginning July 1, 1987 andA ; 36. Insect Pe ending June 30, 1988. (Petition of the Selectmen) VOTED unanimously '. 37, Street Li to adopt the following with corrections: 38. Street Ge Sal. & Wages Expenses Total 39• Snow Remo- GENERAL GOVERNMENT 40. Refuse Di; TOTAL: STAFF AGENCIES ;' 1. Selectmen $ 99,069 $ 19,390 $ 118,459 y WELFARE 2. Treasurer 103,892 51,950 155,842 41. Veterans' 3. Tax Collector 48,171 . 31,850 80,021 42. Graves Rec 4. Assessor _ 64,370 33,410 97,780 TOTAL- 124 r - street is ih-tileowner of the lot;except that if'a corner L,,t� tnirty (•30) feet depth across the entire widiff of`the ge diem 'or moved; and the building oand, ground coverage wded'such lot be not less than three hun- at its street corner is bounded in part by a segment of from side line to side line and at the other street frontage dimensions thereon of any building or structure proposed 0) feet wide at the frontage street and curved line not more than seventy-five (75) feet in length, of any lot the yard space shall be not less than twenty (20) to be erected or moved onto such lot. Such plot plan shall ut the first two hundred (200) feet of connecting other lines bounding such lot which if extended of any such lot the yard space shall be not less than also show each street, alley or right-of-way such or adjacent such lot, measuring from the frontage to the lot in question. One copy of each such application would intersect, the area and width required in such l twenty (20) feet deep. and plot plan shall be kept on file in the office of the line. shall be computed as if such potentially intersecting lin Building Inspector. f any building on a motel lot shall be closer were so extended; but if a curved line more than sevent ' 7.1 In Neighborhood Business and in General Business Dis- (50) feet i the'front m lot line, rear lot line five (75) feet in length is the whole of any one boundar . tricts there shall be provided on each lot an open yard 11.3 The North Andover Zoning Bylaw shall be enforced by the side line of such lot. A green yard space line of a lot, the minimum area and minimum width r.-, space of not less than twenty-five (25) feet depth all along North Andover Building Inspector. The Building Inspector, :han twenty (20) feet wide, measured at a quired shall be determined entirely within the lines bound-, the front and along each side property line of such lot upon being informed in writing of a possible violation of { ;le to each of aforesaid lot lines, shall be Ing such lot, including such curved line. except as may be permitted otherwise (but only n p front this Bylaw or on his own initiative, shall make or cause ed open and green with grass, bushes, {, yards and side yards) by the Board of Appeals on petition to be made an investigation of facts and an inspection of { nd trees all along each side lot line or rear 6.2 No lot,upon which is then located any building or with r of the property owner concerned after a public hearing the premises where such violation may exist. The Building n such a lot, and (except for entrance and spect to which a permit has been issued and is then ou - thereon with due notice given. In the rear of every build- Inspector, on evidence of any violation after investigation eways) along the entire front line of such standing for the erection of any building, shall be su .=, ing or structure hereafter erected in any Business Dot and inspection, shall give written notice of such violation such yard space shall not n built on nor divided or reduced in area in any manner unless said ldt trict there shall be an open yard space unbuilt upon of not to the owner and to the occupant of such premises,, and r used for automobile parking. truc- shall thereafter fulfill the lot area, lot width and yar less than thirty-five (35) feet depth. No building st scted, the Building Inspector shall demand in such notice that all be one (bituminous) concrete off-street space requirements of this Bvlaw except as may be pe - ture shall hereafter be built, altered, moved, reconstructed, such violation be abated within such reasonable time as i mitted otherwise by the Board of Appeals. If land be su - or extended so that any part thereof including loading plat- may be designated therein by the Building Inspector. Such vain driveway paved automobile parking divided, conveyed, devised. :or otherwise transferred i forms, covered or open, but not eaves, or steps, shall be notice and demand may be given by mail addressed to the en or roofed, directly adjoining each motel violation hereof, no building permit or other permit shall nearer than twenty-five (25) feet from the front line or owner at the address appearing for him on the most recent fit. be issued with reference to any of the land so trattsferrel sile line of any lot in such lots, and except that any business real estate tax records of North Andover, and to the oc- on a motel lot shall not cover more than or to the lot(s) retained until all of such land and lots building build prior to June 1, 1956 and standing in cupant at the address of the premises of such seeming ve (25%) per cent of the land area of such meet the requirements of this Zoning Bylaw. Any land active business use on June 1, 1956, may be restored, re- violation. i iding any water bodies as above specified. taken by eminent domain or conveyed for a public purpos1a paired or rebuilt on the location where t stood June 1, seventy-five (75%) per cent of the for which the land could have been taken or was taken b 1956, without complying with the foregoing yard space 11.4 If, after such notice and demand, such violation has not than a such a lot shall remain open and un- eminent domain shall not be deemed to be transferred i requirements, but this exception shall not apply to any been abated within the time specified, the Building In- violation of the provisions. hereof. other buildings. spector or the Selectmen shall institute appropriate action but such open space may be used for auto- off-street parking, driveways, sidewalks or proceedings in the name of the Town of North Andover �l service yards, except that such use shall 6.3 IN RESIDENCE DISTRICTS 7.4 In Industrial "S" Districts there shall be on each lot an to prevent, correct, restrain or abate any violation of this !rmitted in any part of the twenty (20) footopen yard space of not less than thirty (30) feet depth all Bylaw. building shall hereafter be erected except on a lot contai en perimeter strip above specified. 6.31 In Village Residence Districts no principal permitted_ side line of such' lot, and not less than thirty (30) feet along the front line, and twenty (20) feet depth at each all not be erected more than twenty (20) Ing,,not less than twelve thousand five hundred (12,500 depth along the rear line of such lot, except that not more ntal units per acre of motel lot land area, square feet area and not less'than one hundred (100) fedt than five (5) feet depth of rear yard shall be required be- SECTION 12• CONFLICT OF LAWS, g any water bodies as above specified. width at the street frontage, except as may be permitted tween any permitted structure and a railroad track in an otherwise by the Board of. Appeals in Village Residency tel rental unit shall be not less than two � Industrial "S" District, and except that there shall be an VALIDITY, SEVERABILITY fifty •(250) square feet habitable floor area Districts as further specified in Section 6.6 below. { open yard space not less than fifty (50) feet depth on each by walls and roof, exclusive of any ad- lot in an Industrial "S" District wherever such lot abuts 12.1 In general this Bylaw is supplementary to other North portions of roofed or covered walkways. 6.32 In: Country Residence Districts no principal permitte land residentially zoned, provided that any industrial Andover Bylaws affecting the use, height, area and location tel rental sleeping room shall not be less building shall hereafter be erected except on a lot contain- building built prior to June 1, 1956 and standing and in of buildings and structures and the.use of premises. Where .ten (1ta by fifteen (15) feet horizontal ing_ not less than twenty-five thousand (25,000) square active industrial manufacturing or storage use on June 1, this Bylaw imposes a greater restriction upon the use, feet area and not less than one hundred twenty-five (125) ns, exclusive of bath or kitchenette. Each 1956, may if damaged or destroyed be restored, repaired, height, area and location of buildings and structures an m shall have a private bath attached, feet width at the street frontage. or rebuilt on the location where it stood June 1, 1956, with- the use of premises than is imposed by other Bylaws, the tel structure shall contain not less than six 6.33 In,Rural Residence Districts' no principal permitted buil - out complying with the foregoing yard space requirements. provisions of this Bylaw shall control. law more than twelve (12) individual motel Ing shall hereafter be erected except on a lot containingThe of s B tits, unless each section of twelve (12) such not less than forty-four thousand (44,000) square feet are 7.5 In Industrial "L" Districts there shall be provided ve each 12.2 shall invalidate any other eettsection or on otrtp provison of ion thereof. separated by an unbroken firewall from any and not less,than one hundred fifty (1'50) feet width at th lot an open yard space of not less than thirty-five (35) r additional such units. Each motel structure street frontage. ! feet depth all along the front line and along each.side line of fireproof construction. Each such struc- of such lot, and not less than fifty (50) feet depth along t be connected with other similar structures 6.4 IN GENERAL BUSINESS.' AND IN ti the rear line of such lot, except that an open yard space The foregoing Bylaws have been duly adopted by the Towr, of Bred walkway if of fire resistive materials. NEIGHBORHOOD BUSINESS DISTRICTS j of not less than fifty (50) feet depth shall be provided on North Andover and approved by Attorney General George Fin- or not so connected, the nearest parts of t any lot in an Industrial District wherever such lot abuts gold of the Commonwealth of Massachusetts. Is or corners of such structures shall be 6.41 Each lot shall contain not less than twenty-five thousand land residentially zoned. A True Copy: d by a land space otherwise open and un- (25,000) square feet area and be not less than one hundred ATTEST: JOHN J. LYONS. of not less than thirty (30) feet, and in twenty-five (125) feet width at the street frontage, and no.t Town Clerk vithin the area bounded by the intersecting more than thirty-five (35) percent.of the total area of an )ns of the side lines of adjacent buildings, such lot may be covered by buildings. SECTION 8; BUILDING HEIGHTS PERMITTED By- all be no automobile parking or loading. SPECIAL TOWN MEETING: Held June 30, 1956. Zoning By- 6.42 Any yard space or area required to be kept open and un, laws approved by Atty. General s on motel lots shall be one-story and not built upon on such lot may nevertheless be used for offs 8.1 In Residence Districts dwellings shall not exceed two and December 6, 1956. an twenty-five (25) feet in height, notwith- street automobile parking, if otherwise lawful, except tha one-half stories or thirty-five (35) feet in height. any building-height provisions in the zon- a green strip not less than ten (10) feet wide on which t ANNUAL TOWN MEETING: Held March 16, 1957. Zoning By- rict in which such buildings are situated grow grass, bushes, flowers or trees shall be maintaine4 8.2 In Neighborhood Business Districts dwellings and business laws approved by Atty. General that not more than two apartments for open and green; unbuilt on, unpaved and not parked o structures shall not exceed two and one-half stories or June 28, 1957. .r resident manager or other resident staff all along each side or rear property line of such a lot thirty-five (35) feet in height. SPECIAL TOWN MEETING: Held October 7, 1957. Zoning By- on a second-story not to exceed thirty-five wherever it abuts land residentially zoned. t in height. i 8.3 In General Business Districts dwellings, business and other laws approved by Atty. General November 19, 1957, motel lot there shall be provided at least 6.5 IN INDUSTRIAL DISTRICTS I retail or commercial structures shall not exceed three rtment for a resident owner or manager or ,< >> stories or forty-five (45) feet in height. ANNUAL TOWN MEETING: Held March 29, 1958. Zoning By- sponsible staff person. Each such apartment 6.51 Both in Industrial S and Industrial L' Districts each laws approved by Atty. General not less than eight hundred (800) square lot shall contain not less: than fifty thousand (50,000} 8 4 In Industrial Districts buildings shall not exceed fifty-five April 28, 1958, )r area. Such apartment may include the square feet area and not less than one hundred fifty ( (55)feet in height. ffice of the motel and a lounge or other feet width at the street frontage. Not more than thirty-flu-five •ooms for the use of motel patrons. Such (35) percent it the total area h any such lot may bob F by buildings, except by the continuation in use of 8.5 The foregoing limitations of height in feet in the zoning nt may be on a second floor as provided in industrial buildings built prior to June 1, 1956, and standl districts designated shall not apply to farm buildings on ve but only if over a lounge or office or Ing active and in industrial.manufacturing or storage use farms of not less than ten (10) acres area, nor shall they iblic rooms or storage or supply rooms of apply to chimneys, ventilators, skylights, tanks, bulkheads, �1. No second story premises shall be located. on June 1, 1956. penthouses, processing towers and other accessory struc- v motel rental unit. 6.52 In Industrial "L" Districts any yard space or area re'- tural features usually erected at a height greater than the quired to be kept open and unbuilt on on such lot may main roofs of any buildings, nor to domes, bell towers or nevertheless, if otherwise lawful, be used for, off-street spires of churches or other buildings, provided all such GHTING. In all zoning districts other than automobile parking, or for outdoor storage of articles, sup! features are in noway used for living purposes, and fur- .ess Districts,. any outdoor lighting fixture plies and materials, except that a green strip not less thaik ther provided that no such structural feature of any non- PI or permanent shall be so placed or thirty (30) feet wide on which to grow grass, bushes, manufacturing building shall exceed a height of sixty-five e light source therein is not directly visible flowers or trees, shall be on, open and green, ung (65) feet from the ground nor of a manufacturing building ,t and so that the light source therein is not _ built on, unpaved and not parked on, all along each side, a height of eighty-five (85) feet from the ground except by e to any point beyond the lot lines of the or rear property line of such a.lot wherever it abuts land permission of the,Board of Appeals acting under G. L. 4nated by such outdoor lighting fixture, residentially zoned, ! Ch. 40A as amended. ff NEw IENGLAND IENGINEEMNG SERVICFS9 INC. 1600 Osgood Street Building 20 Suite 2-64 .North Andover, MA 01845 Tel: (978) 686-1768 • Fax: (978) 327-6138 Benjamin C. Osgood, Jr., P.E. President February 28, 2007 North Andover Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: 1135 Salem Street,North Andover Variance application Dear Mr. Chairman: Enclosed are 12 copies of revised dwelling elevation plans for the above referenced property. These plans do not depict the screen porch which was on the previously submitted set of plans. Mr. Howard Speicher, Esq. will be at your March 13, 2007 meeting to make a presentation to the board and to discuss this matter. Sincerely, Q r Benj ?in C. Osgood, ., PE President D FEB 2 b Ilya, D BOARD OF APPEALS NEw ENGLAND ENGINEERING SERVICES, INC. 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01845 Tel: (978) 686-1768 • Fax: (978) 327-6138 Benjamin C. Osgood, Jr., P.E. President January 3,2007 Gerald Brown,Building Inspector Town of North Andover Community Development Department 1600 Osgood Street North Andover, MA 01845 Re: 1135 Salem Street,North Andover Dear Mr. Brown: This office represents Richard and Joan Adams,the owners of the above referenced property. This is the same property which is currently in front of the zoning board of appeals for a variance of the lot area requirement. Prior to applying for the lot area variance this office did not ask you to formerly make a finding as to whether or not this lot would be considered grandfathered under Massachusetts General Laws Chapter 40A Section 6 and therefore not require a variance to be built upon. Said section states that Any increase in area,frontage, width,yard, or depth requirements ofa zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage"in my opinion this tot meets that test and I would respectfully request that you review the enclosed evidence and make a determination as to the status of the lot and its need for a variance. I have enclosed a copy of the original plan which was endorsed by the planning board June 19, 1956 and recorded at the registry of deeds July 10, 1956. The property 1.17 acres and 698 feet of frontage. The zoning at the time of creation of the lot required 150 feet of frontage and 1 acre of land(see enclosed copy of the 1957 bylaw). The lot met the zoning at the time of its creation. At some point in time(approximately 1986)the zoning district was changed to R-1 which requires 2 acres of land and 175 feet of frontage. W � JAN I I t.uu r D BOARD OF APPEALS I am available to meet with you and discuss this matter or provide any additional information you may require. Thank you for your anticipated cooperation. Sincerely, C enjZin C. Osgood, iPE President fO e�3 17' ID, i CP. 71� 17N i I j - - .3 4 IJ w ..fn lj Cr Lb `7b Cz tjCO LU CL 1"3 CJ LL IN I P 7iJ4 - 6TA '7� V co cl,� Lo 17. I-S C'j street lot line. �... ,�.. . .. shall be computed as if such potentially intersectit (b) No part of any building on a motel lot shall be closer were so extended; but if a curved line more than s than fifty (50) feet to the'front lot line, rear lot line five (75) feet in length is the whole of any one be or either side line of such lot. A green yard space line of a lot, the minimum area and minimum wi not less than twenty (20) feet wide, measured at a quired shall be determined entirely within the lines right angle to each of aforesaid lot lines, shall be Ing such lot, including such curved line. maintained open and green with grass, bushes, flowers and trees all along each side lot line or rear 6.2 No lot, upon which is then located any building or N lot line of such a lot, and (except for entrance and spect to which a permit has been issued and is th exit driveways) along the entire front line of such standing for the erection of any building, shall 1 lot, and such yard space shall not be built on nor divided or reduced in area in any manner unless ; paved nor used for automobile parking. shall thereafter fulfill the lot. area, lot width ar. (c) There shall be one (bituminous) concrete off-street space requirements of this Bylaw except as may and off-main driveway paved automobile parking mitted otherwise by the Board of Appeals. If land space, open or roofed, directly adjoining each motel divided, conveyed, devised or otherwise transfe: rental unit. violation hereof, no building permit or other perm be issued with reference to any of the land so trar. (d) Building on a motel lot shall not cover more than or to the lot(s) retained until all of such land a twenty-five (25%) per cent of the land area of such meet the requirements of this Zoning Bylaw. Ax lot, excluding any water bodies as above specified. taken by eminent domain or conveyed for a public 1 Not less than seventy-five (75%) per cent of the for which the land could have been taken or was t, land area of such a lot shall remain open and un- eminent domain shall not be deemed to be transfe built on but such open space may be used for auto- violation of the provisions hereof. mobile off-street parking, driveways, sidewalks and motel service yards, except that such use shall 6.3 IN RESIDENCE DISTRICTS not be permitted in any part of the twenty (20) foot wide green perimeter strip above specified. 6.31 'In Village Residence Districts no principal pe building shall hereafter be erected except on a lot (e) There shall not be erected more than twentyc (2p) Ing not less than twelve thousand five hundred motel rental units per acre of motel lot land area, square feet area and not less than one hundred (11 excluding any water bodies as above specified. width at the street frontage, except as may be pe (f) Each motel rental unit shall be not less than two otherwise by the Board of Appeals in Village Ile hundred fifty (250) square feet habitable floor area Districts as further specified in Section 6.6 below. enclosed by walls and roof, exclusive of any ad- joining portions of roofed or covered walkways. 6.32 In Country Residence Districtsno principal pe Each motel rental sleeping room shall not be less building shall hereafter be erected except on a lot c than fifteen (15) by fifteen (15) feet horizontal Ing not less than twenty-five thousand (25,000) dimensions, exclusive of bath or kitchenette. Each feet area and not less than one hundred twenty-fiv such room shall have a private bath attached, feet width at the street frontage. (g) Each motel structure shall contain not less than six 6.33; In Rural Residence Districts no principal permittee (6) nor more than twelve (12) individual motel Ing shall hereafter be erected except on a lot cor rental units, unless each section of twelve (12) such not less than forty-four thousand (44,000) square fe units be separated by an unbroken firewall from any and not less than one hundred fifty (150) feet widtl further additional such units. Each motel structure street frontage. shall be of fireproof construction. Each such struc- ture may be connected with other similar structures 6.4 IN GENERAL BUSINESS DISTRICTS AND IN by a covered walkway if of fire resistive materials. NEIGHBORHOOD BUSINESS DISTRICTS Whether or not so connected, the nearest parts of the walls or corners of such structures shall be 6.41 Each lot shall contain not less than twenty-five tl separated by a land space otherwise open and un- (25,000) square feet area and be not less than one 1 built on of not less than thirty (30) feet, and in twenty-five (125) feet width at the street frontage, which, within the area bounded by the intersecting more than thirty-five (35) percent of the total area projections of the side lines of adjacent buildings, such lot may be covered by buildings. there shall be no automobile parking or loading. .be one-story and not 6.42 Any yard space or area required to be kept open (h) Buildings on motel lots shall more than twenty-five (25) feet in height, notwith- built upon on such lot mat nevertheless be used standing any building-height provisions in the zon- street automobile parking, if otherwise lawful, a green strip not less than ten (10) feet wide onn m v ing district in which such buildings are situated grow grass, bushes, flowers or trees shall be mai except that not more than two apartments for open and green; unbuilt on, unpaved and not par owner or resident manager or other resident staff all along each side or rear property line of suc may be on a second-story not to exceed thirty-five (35) feet in height. wherever it abuts land residentially zoned. (i.) On each motel lot there shall be provided at least 6.5 IN INDUSTRIAL DISTRICTS one apartment for a resident owner or manager or Both in Industrial "5" and Industrial "L" Distri<6.51 other responsible staff person. Each such apartment lot shall contain not less than fifty thousand 1 feet floor area. Such apartment may include the shall not less than eight hundred ( square square feet area and not less than one hundred fift include rental office of the motel and a lounge or other feet width at the street frontage. Not more than the public rooms for the use of motel patrons. Such (35) percent of the total area of any such lot apartment may be on a second floor as provided in covered by buildings, except by the continuation Ii (h) above but only if over a lounge or office or industrial buildings built prior to June 1, 1956, an( other public rooms or storage or supply rooms of Ing active and in industrial manufacturing or stor the motel. No second story premises shall be located on June 1, 1956. over any motel rental unit. 6.52 In Industrial "L" Districts any yard space or a quired to be kept open and unbuilt on on such nevertheless, if otherwise lawful, be used for o 4.6 OUTDOOR LIGHTING. In all zoning districts other than automobile parking, or for outdoor storage of artic'. General Business Districts,. any outdoor lighting fixture plies and materials, except that a green strip not L whether temporary or permanent shall be so placed or thirty (30) feet wide on which to grow grass, hooded that the light source therein is not directly visible flowers or trees, shall be maintained open and gri to any motorist and so that the light source therein is not _ built on, unpaved and not parked on, all along es directly visible to any point beyond the lot lines of the or rear property line of.such a.lot wherever it ab- remi illuminated by such outdoor lighting fixture, residentially zoned, JAN .11 ,1 D BOARD OF APPEALS _r_ - - - � / �j, �j (� ( � � �� d � � � �� � / 4;5.5 - Rv c d_,v .psCt�nnn�,itrt Fn Fav '11ca 1a i it, �jl 9 UiL. NI a g f7 e t i c - - 33oa, C FARR M. J019PJSC}15 140' a o IS .80 ACME w PLAN OF LAND LSACRES. PROPERTY OF z E. M. KRUSCHWITZ cn � U ESTATE . \ `?' NORTH ANDOVER MASS . 140' c� —J �ODye 240° oFULLER AL I62, n HEIRS. � 274.S' M \ .67ACRE z ° E7` W 382° 1o? 262' to .5 ACRE BOSTON A MAINE 3 night of We 288, � s y , 0 Y FOR TITLE SEE s' (ESSEX NORTH DIST. REGISTRY DEEDS. BOOK 350 PAGE 253 . R . B. PARKHURST Surveyor BOXFORD MASS. MAY 1956 . JAN + + lu►, � D BOARD OF APPEALS (Eli u1111111>rior rail of 1300K 83 � f?sscx, J u-y 1. ) , _. 19 `)f', 1 hen personally appeared the above-named a SS y Vera 1, . edriCk-, Asst.. ..__. ._ ... .. C'reasurer, and acknowledged the fo>regoint; instrument ttto—be the free act and deed of the ATLANTIC;; CO-OPERATIVE, BANK, before ine, .......... VbWARD L. LANI'GA8:NOTARY PUB _ ,�Q)17tAI8fllSt0t E%l?tA.ES MAY.6.1l1'0 f . �x Essex ss . Recorded July 10, 1956 at 55M past 4.P.M- #258 We, Herbert M. , Heinze and his wife, Elsie M. Heinze, in her right, of North Andover, Massachusetts; Eleanor M. Kruschwitz, being unmarried, of said North Andover; Enid M. Kruschwitz, being unmarried, of said North Andover; Archer N. French and his wife, Estelle M. French, in her right, of Boxford, Massachusetts; James A. Soraghan and his wife, Pauline B. Soraghan, in her right, of Haverhill, Massachusetts; Wallace W._Doerr ana his wife, P*1ris Doerr, in--mer right, of Salem Depot, Nev Hampshire; Ray E. Hoffman Jr. and his wife _ Patience H. Hoffman,L_in _her---right_ of _Pittsbur�h� Pennsyl- ....._........ ... ._--------------- ---------------- vania; Freeman C. Hatch III and his wife, Rachel J. Hatch, in her right, of said j North Andover; Raymond A. Beck and his wife, _Charlotte J. Beck, in her right of Beach, California; and Robert A. Strickland and his wife, Constance L. Strickland, ...in her rights of. Lawrence_. Massachusetts i _.........._............._..-__._�._._...._... t for consideration paid grant to.--. O -..p,,.-_.....Flanders Eleanor M. Flanders__ _.---_ husband and wife, of said Forth Andover, as tenants b the entirety and not ms .oint tenants..nor tenm.nts._ n...common _ - ................ .............._._............................_..- --- - -- ...--- - - ,: ?„ with quitrtaim rnnritants-------------.------—-------------------------the following two tracts 'of land with the buildings thereon situated in .__bnunded_..and._des.crihed..-aa.-.ffallo�:_.- -. ��_---=-s�id_.�Qrth....t3xtd.s?X�at•,.-..ire---Air-#.i,:ularl.�r [Description, and encumbrances, if any) it I First Tract - Beginning at a- point on the easterly side of Salem Street in said North Mf 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. Johnson to land retained by us; thence turning and running S 890 15' W 298#feet partly by our land and partly by land of the Fuller heirs to said Salem Street; thence turning and running northerly along said Salem Street 380 feet to the point of beginning; containing 2.3 acres; `F being a portion of the first parcel of land conveyed to Paul H. Kruschwitz and Elsie Marie Kruschwitz, husband and wife, as joint tenants by George F. Juenger, Administrator, -: by deed dated November 4, 1914 and recorded with the North District of Essex Registry of Deeds, Book 350, page 253. The said Paul H. Kruschwitz died on Jan. 3, 1940. The , grantors are the heirs of the said Elsie Marie Kruschwitz who died December 15, 1952. See Essex County Probate No. 239,899. ;. Second Tract - Beginning at a point on the west side of said Salem Street in said North Andover at land now or formerly of W. Green; thence running southwesterly along said W. Green land 77.5 feet to land or location of the Boston & Maine Railroad; $ thence turning and running'southerly by the same 670 feet to land retained by us; thence turning and running easterly 107 feet by said land retained by us to said Salem Street; thence turning and running northerly along said Salem Street 699 feet to the point of beginning; containing approximately 1.17 acres; being a portion of the third parcel of land conveyed to Paul H. Kruschwitz and Elsie Marie Kruschwitz, husband and j wife, as joint tenants by George F. Juenger, Administrator, by deed dated November It, 1914 and recorded with the North District of Essex Registry of Deeds, Book 350, page 253• The said Paul H. Kruschwitz died on Jan. 3, 1940. The grantors are the heirs of the said Elsie Marie Kruschwitz who died December 15, 1952. See Essex County Probate No.239,899• Both of said tracts are shown upon a plan of land to be recorded herewith 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. ` r. JAN I i 'BOARD OF APPEALS �B ��1PG IS IK 4141 PI 221 Lng the affidavit has ;caries, shall have QUITCLAIM DEED :e of a Trustee or ;een recorded and we Norman P. Flanders and Eleanor M. Flanders, husband and may always rely wife, both of 1132 Salem Street, North Andover, Essex County, as so executed and �_ Massachusetts, for consideration paid of $1.00, grant to Norman P. Flanders and Eleanor M. F1 nders, Trustees of the 1132 Salem Street Realty Trust dated , 1996, to be recorded herewith, of 1132 S e Street, North Andover, Essex W County, Massachusetts, with quitclaim covenants, the following two tracts of land with the buildings thereon situated in said N North Andover, more particularly bounded and described as :onstrin follows, to wit: JUL 596 AHII f Massachusetts. husetts. F•1rst Tract - 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. Parr; thence turning and running southerly 370 13 feet by said land of C, F.^rr _—d land na: c� fcr:arty of M. Johnson to land retained by us; thence turning and running S 89 1_51:s 5� W 298 feet partly by our land and partly by land of the wean the Registry of u Fuller heirs to said Salem Street; thence turning and running c I r the district in the northerly .along said Salem Street 380 feet to the point Of L estate which is the b beginning; containing 2.3 acres; being a portion of the first this Declaration of r parcel of land conveyed to Paul H. Kruschwitz and Elsie Marie Kruschwitz, husband and wife, as joint tenants by George F. A Juenger, Administrator, by deed dated November 4, 1914 and N recorded with the North_District of Essex Registry of Deeds, Book day of z 350., page 253. The said Paul H. Kruschwitz died on Jan. 3,.1940." The grantors are the heirs of the said Elsie M9rie Kruschwitz who +� died on December 15, 1952. See Essex County Probate No. 239,899. Second Tract - Beginning at a point on the west side of said � ver at land now or formerly of W. Street in said North An LANDERS, Trustee � Salem S 7.5 Green; thence running southwesterly along said W. Green land 7 feet to land or location of the Boston & Maine Railroad; thence m turning and running southerly by the same 670 Peet to land FLANDERS, Trustee retained by us; thence turning and running easterly 107 feet by said land retained by us to said Salem Street; thence turning and running northerly along said Salem Street 699 feet to the point of beginning; containing approximately 1.17 acres; being. a portion of the third parcel of land conveyed to Paul H. s joint Kruschwitz and Elsie Marie Kruschwitz, husband and wife, a NORMAN P. FLANDERS tenants by George F. Juenger, Administrator; by 66 foregoing instrument November 4, 1914 and recorded with the North District of Essex isr day of Registry of Deeds, Book 350, page 253. The said Paul H. Kruschwitz died on Jan. 3, 1940. The grantors are the heirs of the said Elsie Marie Kruschwitz who died December 15, 1952. See Essex County Probate No. 239,899. .21_99 Both of said tracts are shown upon a plan of land recorded and i's7�` entitled "Plan of Land, Property of E. M. Kruschwitz Estate, North Andover, Mass." dated May, 1956 and draw by R. B. Parkhurst, Surveyor, of Boxford, Mass. snipe nnroz.zas m.za.soio � � . - M BEASIEy&FERBER.P.A..tls MALL STAB-P.o.eox x.as.ConcoPo. wweN?sn�ne o3'io�.ia63 eN-ue-no�0 1 T 0' JAN %F� D BOARD OF APPEALS 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01847 Tel: (978) 686-1768 • Fax: (978) 327-6138 Benjamin C. Osgood. Jr., P.G. President December 11, 2006 North Andover Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: 1135 Salem Street,North Andover Variance application Dear Madam Chairman: In regards to the above referenced property it may be helpful for the Board to understand the history of ownership of the property. The information below is a listing of the chain of title since the purchase of this property by Mr. and Mrs. Flanders in 1956. In all instances the transfer of title referred to the property in question as being one parcel. July 1956: Purchased by Norman and Eleanor Flanders. Deed recorded at Book 837 Page 25 July 5, 1996 Purchased by Norman and Eleanor Flanders as trustees of 1132 Salem Street Realty Trust. Deed recorded at Book 4541 pg 223 July 31, 2001 Purchased by Eleanor Flanders trustee of Flanders Nominee Trust Deed recorded at Book 6310 Page 300 January 3, 2002 Purchased by Richard and Joanne Adams Deed recorded at Book 7728 Page 221 I will be at your December 12, 2006 meeting to make a presentation to the board and to discuss this matter. Sincerely, Benji in C. Osgoo , Jr., PE President JAN D BOARD OF APPEALS � R f i F l J1TC--A1M DEED �3 S Eleanor M. Flanders, Trustee of the Flanders lsorninee Trust, under declaration of Trust dated July Z-1, 2001 and recorded with the Essex County Registry of Deeds in Book 6310, Page 295, of 1132 Salem Street, Porth Andover, Essex County, Massachusetts 01845 for cangideration of Three Hundred Thirty-Five Thousand Three Flundired 'Fifty Five and OOf100 ($335,355.00) Dollars grants to Richard D. Adams and Joanne Adams, husband and wife as a Tenants by the Entirety 4�$ 1132 Salem Street, North Andover, Essex County, Massachusetts a with t.;tTC1Al2\1 COVFNANI TS Two tracts of land with the buildings thereon situated in said North Andover, more particularly bounded .and described as follows, to wit: First Tract- 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. Johnson to land retained by us; thence turning and running S 89 15'W 298 feet partly by our land and partly by land of the Fuller heirs to said Salem Street; thence turning and running northerly along said Salem Street 380 feet to the point of beginning; containing 2.3 acres. "Second tract - Beginning at a point on the west side of said Salem Street in said north Andover at land now or formedy of W. Green; thence running southwesterly along said W. green land 77.5 feet to land or location of the Boston&Maine Railroad; thence turr��ng and running southerly by the same 670 feet to land retained by us; thence turning and running easterly 107 feet by said land retained by us to said Salem Street; thence turning and running northerly along said Salem Street 699 feet to the point of beginning; containing approximately 1.17 acres. Both of said tracts are 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 draw by R. B. Parkhurst, Surveyor, of Boxford, Mass., recorded in the Borth Essex Registry of Deeds as flan No. 3302. l Being the same premises conveyed to Eleanor M. Flanders, Trustee of the Flanders Nominee Trust, by deed dated July 31, 2001, and recorded in the North 'Essex Registry of Deeds,Book 6310, Page 300. I hereby certify that I am the sole Trustee of said Trust;that said Trust has not been altered:, revoked, modified, amended, or terminated through this date; and that 1, as Trustee, a duly authorized by said Trust and by the beneficiaries of said Trust, to execute this deed to Richard D. Adams and Joanne Adams. Thi conveyance grants unto the said Eleanor M. Flanders, a life estate in the granted JAN I J�PEALS BOARDOF _ �95,"`9 to :o I Witness my land and seals this 3rd day of januany 2003 Eleanor M. Flanders, r ustee i iThe Cc m,n nwealt:h of Massachusclb, i Essex, ss. Then personally appeared the above named Eleanor M. Flanders, Trustee as aforesaid,and acknowledged the foreg.6rg instrument to be her free act and deed, before erre ° loop/ Mark Ford, Notary Vublic My Commission Expires: May 26, 2005 E Dai . o Ej NORTH 0� 1jaii Fvi ��i i I 00 E quite irrr ;Deeb BK 6310 PG 300 f,Eleanor M.Flanders,Trustee of the 1132 Salem Street Realty Trust,under declaration of Trust dated July 1,1996 and recorded with the Essex County Registry of Deeds in Book 4541,Page 218,of 1132 Salem Sheet,North Andover,Essex County,Massachusetts 01845, In consideration of less than One Hundred and 00/100 Dollars, grant to Eleanor M.Flanders,Trustee,or her successors in Trust,of the Flanders Nominee Trust,under a Declaration of Trust dated July 31,2001,and recorded herewith,of 1132 Salem Street,North Andover, Essex County,Massachusetts,01845,with quktafm totmtanthl the following two tracts of land with the buildings thereon situated in said North Andover,more particularly bounded and described as follows,to wit: First Tract—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. Johnson to land retained by us;thence turning and running S 8915'W 298 feet partly by our land and partly by land of the Fuller heirs to said Salem Street;thence turning and running northerly along said Salem Street 380 feet to the point of beginning;containing 2.3 acres;being a portion of the first parcel of A land conveyed to Paul H.Kruschwitz and Elsie Marie Kruschwitz,husband and wife,as joint tenants by George F.Juenger,Administrator,by deed dated November 4,1914 and recorded with the North District of Essex Registry of Deeds,Book 350,Page 253. The said Paul H.Kruschwitz died on January 3, 1040.- The grantors are the heirs of the said Elsie Marie Kruschwitz who died on December 15,1952. See Essex County Probate No.239,899. AUG 15'01 AMB:38 Second Tract Beginning at a point on the west side of said Salem Street in said North Andover at land now or formerly of W.Green;thence running southwesterly along said W.Green land 77.5 feet to land or location of the Boston&Maine Railroad;thence turning and running Ysouther) by the same 670 feet to land retained by us;thence turning and running easterly 107 feet by said land retained by us to said Salem c Street;thence turning and running northerly along said Salem Street 699 feet to the point of beginning; containing approximately 1.17 acres;being a portion of the third parcel of land conveyed to Paul H. O Kruschwitz and Elsie Marie Kruschwitz,husband and wife,as joint tenants by George F.Juenger, 1g'` Administrator,by deed dated November 4, 1914 and recorded with the North District of Essex Registry of Deeds,Book 350, Page 253. The said Paul H.Kruschwitz died on January 3, 1940. The grantors are the- heirs of the said Elsie Marie Kruschwitz who died December 15, 1952. See Essex County Probate No. 239,899. Both 0 of said tracts are shown upon a plan of land recorded and entitled Plan of Land,Properly of E.M. Kruschwitz Estate, North Andover,Mass."Dated May, 1956 and draw by R.B. Parkhurst,Surveyor,of Boxford,Mass. Being the same premises conveyed to Norman P. Flanders and Eleanor M.Flanders,as Trustees of the 1132 Salem Street Realty Trust,by deed dated duly 1, 1996,and-recorded with said Registry of Deeds in Book 4541,Page 221. Said Norman P. Flanders died on � h, tp a O00 ;see Death Certificate and Affidavit Regarding Estate Taxes recorded herewhh. W JAN I i rug. BOARD OF APPEALS BK 6310 PSG 301 In M t"g Iftud,the said Eleanor M.Flanders has caused these presents to be executed this 31 s'day of July, 2001 as Trustee aforesaid, Eleanor M.Flanders �je �o»tmottttttattfj of fNaggtufjttgettg Essex,ss. July 31,2001 Then,personally appeared the above-named Eleanor M.Flanders and acknowledged the foregoing instrument to be her tree act and deed,as Trustee aforesaid, Before me, 1-I !1 Ltk Marybeth MSI nis,Notary Public My comm expires:December 18,2003 Return to:N Maryheth McInnis, Esq. 807 Turnpike Street N. Andover, MA 01845 IJP LIT 1tUldlldl11LU 1111 O :ffL11ifiUf4U6Vtt13 BOOK F,SSe�, July lU, .,. _ 19 �?�• Thrn en pet ap -n peared the aboveamed 8 3 7 Vera G. 'edr•ic1,, Asst. T'—is,nei, and acb—ledt!ed the forrcoin[r iostrutneut to be the free act :Ind deed of the A'1 LAN-F14;r; 1 l r„ C0-0PE1ZAI-IVE HANK, before � cr1A �dWPPO L.LA NIGAN.NOTARY PiI BI,G- +"7iQ�(�q(�� , }X 7EXdIM1A5Ya➢GXOKRIxr`&X..V CpMM199lna U1190 MAY a..1A0 ,c Essex,ss. Recorded July 10, 1956 at 55th past 4P.14. #258 i We, Herbert M.,Heinze and his wife, Elsie M. Heinze, in her right, of North Andover, Massachusetts; Eleanor M. Kruschwitz, being unmarried, of said North Andover; Enid M. Kruschwitz, being unmarried, of said North Andover; Archer N. French and his wife, Estelle M. French, in her right, of Boxford, Massachusetts; James A. Soraghan and his. wife, Pauline B. Soraghan, in her right, of Haverhill, Massachusetts; Wallace W. Doerr _-. _..._..._. _........_. .. _... --_ ---------New----re;...-Ray-E.......... -- >','', and his wife, P�iyhlis Y.Doerr, in er right; of Salem Depot, New Hampshire; Hoffman,. Jr. and,his wife,_.Patie.nce H. Hofflnanl_in._her right,_-of Pittsburgh�_Penngyl- vania; Freeman C. Hatch III and his wife, Rachel J. Hatch, in her right, of said North Andoyeri_.Raymond_A. Beck and his wife, Charlotte J. Bec 1 1n_he.r_riaht_of_Iaguna _.. ._ _... - — ..-_._ ----------c --- Beach, California; and Robert A. Strickland and his wife, Constance L. Strickland, x4oO .in.her right, of Lawrence, Massachusetts; _._. _ F XbYe�7 L440m, orim-m"xio; for consideration paid grant to...Norman P. _Flanders_and Eleanor Id,_Flanders,____ _ husband and wife, of said iforth Andover, as tenants by the entirety and not as ioint tenants nor tenants in common ..... _...._.nor.- _....._.. _ -- .._.. ..._......_._ with quitrlatm rnaruanta..._.___ the following two tracts of land with the buildings thereon situated in A; slse�4xx2Mu_..... ld_.NQSth..Andover,_pore._.parlitular]y._bo=cied-and._des.criheB.-,ELs_fnt t�wG•._ In...iption and mcumbrmee•,if.or] First Tract - 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 ce turrirg and running southerly rlY 370 r . .�, feet by said land of C. Farr and land now or formerly of M. Johnson to land retained by us; thence turning and running S 890 15' W 298-feet partly by our land and partly ���;�u, by land of the Fuller heirs to said Salem Street; thence turning and running northerly along said Salem Street 380 feet to the point of beginning; containing 2.3 acres; being a portion of the first parcel of land conveyed to Paul H. Kruschwitz and Elsie Marie Kruschwitz, husband and wife, as joint tenants by George F. Juenger, Administrator, by deed dated November 4, 1914 and recorded with the No rth Da strict of Essex Registry Y of Deeds, Book 350, page 253- The said Paul H. Kruschwitz died on .lan. 3, 1940. The grantors are the heirs of the said Elsie Marie Kruschwitz who died December 15 1952. Se Essex ex County Probate No. 239,899. Second Tract - Beginning at a point on the west side of said Salem Street in said North Andover at land now or formerly of W. Green; thence running southwesterly along said W. Green land 77.5 feet to land or location of the Boston & Maine Railroad; thence turning and running southerly by the same 670 feet to land retained by us; thence turning and running easterly 107 feet by said land retained by us to said Salem Street; thence turning and running northerly along said Salem Street 699 feet to the point of beginning; containing approximately 1.17 acres; being a portion of the third parcel of land conveyed to Paul H. Kruschwitz z and Elsie Marie Kruschwitz, husband and wife, as joint tenants by George F. Juenger, Administrator, by deed dated November 4, 1914 and recorded with the North District of Essex Registry of Deeds, Book 350, page 253• The said Paul H. Kruschwitz died on -Jan, 3, 1940. The grantors are the heirs of the said Elsie Marie Kruschwitz who died December 15, 1952. See Essex County Probate No.239,899. Both of said tracts are shown upon a plan of land to be recorded herewith 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 -J 4�, PK 4541 PG 222 Gib 4541 PG 223 the affidavit has J ries, shall have :)f a Trustee or QUITCLAIM DEED i recorded and We, Norman P. Flanders and Eleanor M. Flanders, husband and sy always rely wife, both of 1132 Salem Street, North Andover, Essex County, 3 so executed and Massachusetts, for consideration paid of $1.00, grant to Norman P. Flanders and Eleanor M. F1 ndera, Trustees of the 1132 Salem Street Realty Trust dated 1996, to be F°& recorded herewith, of 1132 S eStreet, North Andover, Essex W County, Massachusetts, with quitclaim covenants, the following two tracts of land with the buildings thereon situated in said North Andover, more particularly bounded and described as 3trued in follows, to wit: AL 519E aril] 52 4assachusetts. First Tract - Beginning at a point on the easterly side of Salem y „ 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 cf r, Farr `^'-3 1=4 :.= c: :.>..aily of �1. Johnson to land retained by us; thence turning and running S 89 � n the Registry of 151 W 298 feet partly by our land and partly by land of the u Fuller heirs to said Salem Street; thence turning and running he district in the j northerly along said Salem Street 380 feet to the point of q state which is the o irst its Declaration of beginning; containing 2.3 acres; being a portion of the fa 4 parcel of land conveyed to Paul H. Kruschwitz and Elsie Marie Kruschwitz, husband and wife, as joint tenants by George F. n -. and Juenger, Administrator, by deed dated November 4, 1914 1,4 recorded with the North District of Essex Registry of Deeds, Book sy of z 350., page 253. The said Paul H. Kruschwitz died on Jan. 3, 1940. ' The grantors are the heirs of the said Elsie Marie Kruschwitz who + died on December 15, 1952. See Essex County Probate No. 239,899. � . v ,, Second Tract - Beginning at a point on the west side of said YDERS, Trustee m Salem Street in said North Andover at land now or formerly of W. E Green, thence running southwesterly along said W. Green land 77.5 feet to land or location of the Boston & Maine Railroad; thence b turning and running southerly by the same 670 feet to land 9NDERs, Trustee N retained by us; thence turning and running easterly 107 feet by M said land retained by us to said Salem Street; thence turning and =; running northerly along said Salem Street 699 feet to the point of beginning; containing approximately 1.17 acres; being a portion of the third parcel of land conveyed to Paul H. Rl" P. FLANDERS Xruschwitz and Elsie Marie Kruschwitz, husband and wife, as joint regoing instrument tenants by George F. Juenger, Administrator, by deed dated day of November 4, 1914 and recorded with the North District of Essex Registry of Deeds, Book 350, page 253. The said Paul H. Kruschwitz died on Jan. 3, 1940. The grantors are the heirs of the said Elsie Marie Kruschwitz who died December 15, 1952. See Essex County Probate No. 239,899. a/-97 Bath of said tracts are 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 draw by R. B. Parkhurst, Surveyor, of Boxford, Mass. eosma zans aa,.aa.soo __.__ ��T� BEASIEY 6 FFRBEft.PA.-n6"Au 5TT2f P.O.Dox 2W Coe.eono.Hcw•uwPSNwe O]3ox-xa53 -6¢33-!nolo r%3 C 3'$ 4 KSS 04 tkORTil a C. Town Oerk Time Stamp 0 F E I V E 0 r-C7 F T 0j'V'Y H C14US 2096 DEC I PM 1: 5 ZONING BOARD OF APPEALS -i C! R T D Community Development Division M 0 Date 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 �Varian Special Permit Comprehensive Permit(40B) Finding for property located at: STREET: MAP: I D t PARCEL: TOWN: ilk 0'�+11 t �� TO MEETING DATE(S): vA Wi 0i V NAME OF PETITIONER: Signed: Pititiotfer(or petitioner' /epresentative)/ 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com 7 NLv ENGLAm ENGINEERING S ERVICIFS9 INC. 00 Osgood Street r6IB-Cuilding 20 Suite 2-64 North Andover, MA 01845 "Ilei: (978) 686-1768 • Fax: (978) 327-6138 Benjamin C. Osgood, Jr., P.E. President December 11, 2006 North Andover Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: 1135 Salem Street,North Andover Variance application Dear Madam Chairman: In regards to the above referenced property it may be helpful for the Board to understand the history of ownership of the property. The information below is a listing of the chain of title since the purchase of this property by Mr. and Mrs. Flanders in 1956. In all instances the transfer of title referred to the property in question as being one parcel. July 1956: Purchased by Norman and Eleanor Flanders. Deed recorded at Book 837 Page 25 July 5, 1996 Purchased by Norman and Eleanor Flanders as trustees of 1132 Salem Street Realty Trust. Deed recorded at Book 4541 pg 223 July 31, 2001 Purchased by Eleanor Flanders trustee of Flanders Nominee Trust Deed recorded at Book 6310 Page 300 January 3,2002 Purchased by Richard and Joanne Adams Deed recorded at Book 7728 Page 221 I will be at your December 12,2006 meeting to make a presentation to the board and to discuss this matter. Sincerely, Benjamin C. Osgoo , Jr., PE President DEC J' � D � 2116 BOARD OF APPEALS �I B .R 173 5. ' g 1d w;'i 5O EASEMENT } MI KNOW ALL MEN BY THESE PRESENTS that we, Norman P. Flanders and Eleanor M. I@ Flanders, husband and wife, of the Town of North Andover, Essex County, fa. Massachusetts, hereinafter referred to as Grantors, for consideration paid, hereby n . grant to the New England Telephone and Telegraph Company, hereinafter referred to as Grantee, a New York Corporation having its principal place of business at 185 Franklin Street, Boston, Massachusetts, 02107, and its successors and assigns i forever with quitclaim covenants, the exclusive right and easement to construct iIIlllli rreconstruct,loperate and maintain one (1) concretepad, approximately ten (10) feet s I�l�li; wide and ten (10) feet R4long and to place thereon apparatus cabinets with the l ;, necessary wires, cables, terminals, fixtures and appurtenances therein as the _ ;1 �4`' a Grantee may from time to time desire upon a portion of a parcel of land as now laid i il,') out or as may be laid out in the future and is situated on the westerlyside of Salem Street in the Town of North Andover, Essex County, Massachusettssaid parcel �lllll,�j of land as now shown as 67 Acre on a plan entitled "PLAN OF LAND PROPERTY OF E. M. 1'iI, KRUSCHWITZ ESTATE NORTH ANDOVER, MASS. R. B. PARKHURST SURVEYOR BOXFORO, MASS. MAY M1, 1956 SCALE 1"=80'." and recorded as Plan 3302 at the Essex North District Registry of Deeds, Lawrence, Massachusetts. The location of said concrete pad is to be centered approximately seventy five (75) feet northerly from the stone wall dividing the .67 acre lot and the .50 acre lot as shown on said plan and approximately eight (8) feet westerly from the stone wall which is also the westerly line of Salem Street as shown on said plan, and l" tJ shall become permanent upon placement. The Grantor(s) for himself/herself/themselves, his/her/their heirs, executors, administrators and assigns, hereby covenant(s) that he/she/they will not erect or permit -any structures or obstructions s including trees, bushes and growth within the said easement area which in .the ,judgment of the Grantee, its successors and assigns, might.interfere with the proper maintenance of said facilities, of service'. a in connection therewith. The Grantee shall have the right to connect such cables and wires within said IJ apparatus cabinets, with the poles, conduits, cables and wires which may be placed j l in parcels of land, public,,, private ways or streets within, adjacent or contiguous li to the aforesaid premises. ,ll E To have and to hold the above granted rights and privileges in, upon and over said premises to the New England Telephone and Telegraph Company, its successors i ( and assigns, for their own use and behoof forever. By the acceptance hereof, the Grantee agrees to indemnify and save harmless the Grantors from all loss, cost, damage or expense in any way arising out of the it it exercise of the rights herein granted. it Permission is herein granted to enter said parcel of land and premises for all- the above purposes. Il��j 1 1 ; For Grantors Title see Book 837, Page 25. i The consideration for or value of the rights granted herein i is in the sum of one dollar (S I'! x + Lf Wl� til; d�1 - 3 E.f 206D r 2006 r BK1735 _ Page 2 of 2 5i �w a WITNESS our hands and common seal this da of OcA- w 1983. # 1 � f y Y Orman an ers eanor an ers r COMMONWEALTH OF MASSACHUSETTS ss. 1983. s' i F'. - - ti ' .ate ... }.. " Then personally appeared the above-namedand %.V..1.�nd acknowledged the foregoing instrument to be their.:. 4F free act and deed. ,.dp dil aSP. ary G s W 7�. :il �II Commission Ex ires My p M ��II4 Recorded Oct 018,i983. at 11=12AM :#1823 Ij Aw Y` I. - 1F1 II M I -- j jln I I- T ty,.l1 §( �a E 'Y � 4 '