HomeMy WebLinkAboutMiscellaneous - 1284 OSGOOD STREET 4/30/2018 1284 OSGOOD STREET
- 210/034.0-0013-0000.0 -
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RECEIVED
JOYCE BRADSHAW
• TOWN CLERK
NORTH ANDOVER
logo AUG ISP 1 5 8
North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts Ol 845
Phone (978) 688-9541 Fax(978) 688-9542
Any appeals shall be filed NOTICE OF DECISION
within(20)days after the Year 2000
date of filing of this notice Property at:1284 Osgood Street
in the office of the Town Clerk
NAME: Arthur Forgetta DATE:8/10/2000
ADDRESS: 1284 Osgood Street PETITION: 024-2000
North Andover,MA 01845 HEARING:6/20/2000,7/11/2000,& 8/8/2000
The Board of Appeals held a regular meeting on Tuesday,August 8,2000,at 7:30 PM upon the application of
Arthur Forgetta,1284 Osgood Street,North Andover,MA Petitioner is requesting a Variance from the
requirements of Section 7,Paragraph 7.2 for relief of front requirement and minimum lot width,in order to sub-divide
said lot,in order to construct a single-family residence within the B-1(Business-1)zoning district.
The following members were present:William J.Sullivan,Walter F.Soule,Scott Karpinski,Ellen McIntyre,George
Earley.
Upon a motion made by Walter F. Soule, and 2"d by Ellen McIntyre,to grant a variance for the requirements of S7,P
7.2 for dimensional relief of 75'from frontage requirement and minimum lot width, voting in favor:Walter F.Soule,
voting in opposition: William J.Sullivan,Scott Karpinski,&Ellen McIntyre,therefore,the petition was
DENIED.
The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board
finds that owning to circumstances relatingto soil conditions,shape,or topography of the land or structure and especially affecting
such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this Bylaw
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.
Furthermore,if the rights authorized by the variance are not exercised within one(1)year of the date of the grant,they 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,they shall lapse and may be re-established only after notice,and a new hearing.
By order of the o ' g B and of Appeals,
William J.Sul van,Chairman
ml/decisions2000/33
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NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER. MASSACHUSETTS 013-1]
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St., North Andover, MA., on Tuesday the 201' day of June, 2000 at
7:30 PM to all parties interested in the appeal of Arthur Forgetta, for premises at: 1284
Osgood Street, North Andover, MA., for a Variance from the requirements of Section 7,
Paragraph 7.2, for relief of frontage requirements and minimum lot width, in order to
sub-divide said lot, in order to construct a single family residence.
Said premises affected is property with frontage on the West side of Osgood St. within
the B-1 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on June 6, & June 13, 2000.
MI/Legalno2000/18
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OFCE OF of ^ ^,Q
COMMUNITY DEVELOPMENT AND SERVICES
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27 Charles Street
North Andover, iNfassachuseres U 13=15 M1^:y � „o :o•` °,
-km J. SCOTT ;.A Huse`
director
633-9531 Fax (973) 633-95a,
FAX Transmission
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F,kX Number.
FROIM:
Town of North Andover
Zoning Board of Appeals
FAX: 978-688-9542
PHONE: 978-688-0541
DATE.-
SUBJECT:
Total number of pages:
REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal
notice has to be placed with the legal notice department of the Lawrence Eagle-Tribune and it is
your responsibility to do so as-soon-as-possible in order to meet the required deadline. Failure to
place the legal notice in the paper within the required deadline will mean that you will not be able to
be placed on the ZBA agenda for the upcoming meeting. The phone number for the Eagle
Tribune is: 978-685-1000, ext.#412, should you require further assistance.
NII/fax
Dear Attorney James,
If you didn't submit this legal notice to the Lawrence Tribune, then please submit same ASAP.
I've edited the publishing dates accordingly in order to meet this week's deadline. It is your
responsibility to place this legal notice in order to be placed on the ZBA agenda for June 20,
2000.
Thank you.
Mary
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sSwCHUSet
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St.,North Andover, MA., on Tuesday the 20th day of June, 2000 at
7:30 PM to all parties interested in the appeal of Arthur Forgetta, for premises at: 1284
Osgood Street,North Andover,MA., for a Variance from the requirements of Section 7,
Paragraph 7.2, for relief of frontage requirements and minimum lot width, in order to
sub-divide said lot,in order to construct a single family residence.
Said premises affected is property with frontage on the West side of Osgood St. within
the B-1 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through.Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on May 30;&fttne-6,-20M.
/3 �Gae
Ml/Legalno2000/18
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
NORTH
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,SSUS�t
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER.MASSACHUSETTS 01445
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St.,North Andover, MA., on Tuesday the 2& day of June, 2000 at
7:30 PM to all parties interested in the appeal of Arthur Forgetta, for premises at: 1284
Osgood Street,North Andover,MA., for a Variance from the requirements of Section 7,
Paragraph 7.2, for relief of frontage requirements and minimum lot width, in order to
sub-divide said lot, in order to construct a single family residence.
Said premises affected is property with frontage on the West side of Osgood St. within
the B-1 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street,North
Andover,MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on June 6, & June 13, 2000.
MVLegalno2000/18
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Town of North Andover on
Office of the Building
Departnient °.t=`•",,'ao
Community Development and Services Division
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27 Charles Street ►
North Andover,Massachusetts 02845 �,s•"••',�c�'
D.Robert Nicetta ancNus
Building Commissioner Telephone(978)688-9545
Fax(978)688.9542
MEMORANDUM
To: Jacla Byerly, Interim Town Planner
I
Front Robert N cetta.,Budding Commissioner
Date: January 4,2002
Re: Map 34 Parcel B2&B3
1284 Osgood Street
Business-I District
I have reviewed the referred application and have the following comment.
The applicant petitioned the Zoning Board of Appeals(ZBA)for relief of front
requirement and zminum lot width,in order to sub-divide the existing lot,in order to
construct a single finjily residence within the B-1 District. The Petition No-024-2000 was
I�NIED on August 10, 2000 by the ZBA.
Wosed you will find the petition and denial for your review.
BOARD OF APPEALS 68&9541 BUILDING 68"545 CONSERVATION 68&9530 1[EALTH 6M9540 PLANNING 688-9535
Pagel of 2 Special Permit Application
RECEIVED
JOYCEBRADSHAW
Town of North Andover Planning Board NORTH ANDOVER
Special Permit Application 2001 DEC I :a 9 Ll J
Please type or print clearly.
1. Petitioner: Arthur H.Forgetta
Petitioner's Address: 1248 Osgood Street,North Andover MA 01845
Telephone number: 978.686.1863 phone
2. Owners of the Land: Arthur H.Forgetta
Address: 1284 Osgood Street North Andover MA 01845
Number of years of ownership: 25 years+
3. Description of Proposed Project:
The North Andover Planning Board recently approved creation of lots B-2 and B-3 through an ANR application
dated January 26,2001. Because of the proximity to surrounding driveways,both existing and planned,the
applicant proposed to provided a shared driveway to service parcel B2 across a portion of Parcel B3.
Because of the location on Route 125,and the proximity to both existing and future driveway locations,this site
is an appropriate location for shared access.
4. Description of Premises:
Parcel B2 is undeveloped,consisting of agricultural fields opposite Barker Farm. The primary use is
agricultural,.and property contains approximately 1.38+/-acres. (shown as lot B-2 on the attached plans)Parcel
B3 contains approximately 25,000 sf and an existing single family residence meeting all required setbacks.
5. Address of Property Being Affected: Parcel B2 and B3 - 1284 Osgood Street,North Andover
Zoning District: Business One(B-1)
Assessors: Map: 34 Lot# Parcel B2&B3
Registry of Deeds: Book#: 1965 Page# 133 & 134
NERD Plan Number 14151 Deed,Instrument No.43195
6. Existing Lot:
Lot Area(Sq.Ft) 1.38 Acres+/- BuildingHeight: n/a
Street Frontage: 125' Side Setbacks: n/a
Front Setback: n/a Rear Setback: n/a
Floor Area Ratio: n/a Lot Coverage: n/a
7. Proposed Lot:
Lot Area(Sq.Ft) 1.38 Acres+/- BuildingHeight: 35' Max
Street Frontage: 125' Side Setbacks: 20' Min
Front Setback: 2351 +/- Rear Setback: 30' Min
Floor Area Ratio: n/a Lot Coverage: n/a
8. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 25,000 sf BuildingHeight: 35'Max
Street Frontage: 125' Min. Side Setbacks: 20'Min
Front Setback: 30' Min. Rear Setback: 30' Min
Floor Area Ratio: n/a Lot Coverage: n/a
Page 2 of 2 Special Permit Application
9. Existing Building(if applicable):
Ground Floor(Sq.Ft.) n/a #of Floors n/a `
Total Sq.Ft. n/a Height: n/a
Use: Open Space/agricultural Type of Construction:n/a
10. Proposed Building:
Ground Floor(Sq.Ft.) 2400 sf(+/-) #of Floors 2.5 stories
Total Sq.Ft. 4500 sf(+/-) Height: 35'max
Use: Single Family Residence Type of Construction:Wood frame
11. Has there been a previous application for a Special Permit from the Planning Board on these premises?No If
so,when and for what type of construction?
12. Section of Zoning Bylaw that Special Permit Is Being Requested:
NAZB Section 7.2.1 -(Access Across Street Frontage)
NAZB Section 2.30.1 -(Driveway)
13. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the Planning
Board. 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 Planning Office 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 Planning Board Rules and Regulations may result in a
dismissal by the Planning Board of this application as incomplete.
Petitioner's Signature:
Print or type name here: Arthur H. Forgetta
Owner's Signature: c,.,�,c�,
Print or type name here: Arthur H.Forgetta
14. Please list title of plans and documents you will be attaching to this application.
Plans: Proposed Common Driveway Plan-Lots B2&B3 Osgood Street
Prepared for Arthur H.Forgetta
1284 Osgood Street,North Andover,MA 10845
Dated: December 10,2001
Prepared by: Marchionda&Associates,LP
62 Montvale Avenue-Suite One
Stoneham MA 02180
Sheets: 1 of 1
Reports,Attachments and filing fees
• Special Permit Filing Fee: $ 100.00
• Project Review Fees: n/a
TOWN OF NORTH ANDOVER
LIST OF PARTIES OF INTEREST: PAGE
OF
SUBJECT PROPERTY
MAP PAR # NAME ADDRESS
ABUTTERS:
A N.
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CERT. BY : rd of Asse or Andove
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ExISrNG
O WIDE
SEWER�
------_EASE_ MENT J � �"� �� � Q
PARCEL B2
66,347 S.F. - -
��
1.38 Ac.
PR. MAP 34 PARCEL 43
BLDG / / - ' UNE _ - - - - - N/F
DANIEL & JOANNE
FORGETTA
PR. WATER � _ - - - - - � �
DB 1153 PG 570
SERVICE
MAP 34 RCEL 49 ,--' PARCEL/ 3 t� 62 / / M
N _o 1 25000 S.F. EX. - - - - - --
FORGETT � � � i ��� moi' 0.57 Ac. � _ -- - 1 BLDGST � �\
FAMILY T T i 04 1-1 --1 / -- -- W.F D \ �N OF
DB -T� PG 134 w - - - - - zy' PAULA. s
' �r166 E, E X TREE - - - MARC,FIIONDA
� i ' NCL
-4 �4' Ems ' o / 9
/ 172 _ EX. TREE `ss� NAl o
BLDG / EX. � ,h
1 1/2 STORY W.F.D.
1284 DRIVE t
tov� i 0 EX.
_,,—172 , FLOWER _
174 — — _ SHOP PROPOSED COMMON DRIVEWAY
PR. DRIVE / � _ �. _ PLAN
FqS (TYP.) /
EXIST. A�E�S & ��� � 440.
LOTS B-2 + S-3
EASSMENTTION /J N 6 16' (MIN.) �,�PROPOSED iPR.i RAE / ��� 0���j — — 1 OSGOOD STREET
— —� — — — DRIVEWAY — EX. TREE o oIN
�A� �MEN� PARKING NORTH ANDOVER, MA
PR. • ,y o X p PJ MEN LOT
ACCESS EX AJ p p P ` PREPARED FOR:
EASEMENT - EX•
PPROX. � FRO A R DRIVE 86.61' i ARTHUR H. FORGE17A
M _ NFO) MHBdh iFND 176, ex 1284 OSGOOD STREET
21 NORTH ANDOVER, MASSACHUSETTS 01845
RD INFO) p � — — — — — — X. PAVEMENT '—m — — �X_8"GAS ldAlL — — —� f / /
/EX. E.O.P. APPROX. LOC. FROM RECORD INFO) 0 �" f EX.
�— 176 ex. + �— M N "i / 7— —' DRIVE H:\PROJECTS\620-04\CURBCUT2.DWG
MA. HIGH WA Y - / -
REV. QATE*
_ _ _ Marchionda
LAYOUT BASELINE _ _ / OSGOOD STREET I �'
EX. 8" GAa-M_AIN & Associates, L.P.
_ (AX. COC. FROM RECORD INFO)— — — — �`x (PUBLIC - VARIABLE WIDTH _ r
OP ��� (ROUTE 125)
(1961 ALTERATION. - DB 933 PG 170 - PLAN #4250) Engineering and
�, / 40 20 0 40 Planning Consultants
EXISTING / 62 MONTVALE AVE.,SUITE.I
DRIVEWAY -FX15'DNG - STONEHAM,MA 02180 DATE: 12/10 01
/ DRIVEWAY {781)438-6121 FAX:(781)438-9654 SCALE: 1"=40'
RECEIVED.
r,ece:ve; by Town-C?e- : .JOYCE BRADSHAW
TOWN NORTH AND VER
iOtiv-�, i OF -ORT: -.�, MOVEHR. �NL-!c17.1 �S
E0A-P D OF npc-__S .1000 MAY ! I P 12 Ob
C�:_(DN =(Dt hE7 7 F rr:Oyl 1---= `;C=
:` ^c(ic=c Arthur Forgetta ; ' ' - 3 Trinity Ct.
C/o Att-y .Tnhn .Tn.nes GO wry;.. V0.
�) rar:v�:sce Lam rhe rec ,Tre�er_cs cf Szc::cr
,.P-.�za Tcble 2 o; the Go _�i�.:.
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C) Aw for review o F a ce::scc r. ac-. „= c�_ SuEci;.rr I:.speccor er oc::e:
_
_. a) FM----es f=,.:;ed :=e land amd b�ic• =(:) .
1284 Osgood St cc.e:c
b) are_ crop-=7., lxi u fhma- on c!:e porch ( ) SOL".!:
S1C! Cf Osgoor3 qt- Sane'..
e) -�•�:�`: ,��...�.� are Lr' ZorjL—L? T]`e- B-1 -fes^S'� C=��,.�,
.. 5567Q _ ,�:c: .. _ .
-e_of scu=.c feet ---..c.' =`crc""_ oi' 50
a) tiw se acc-ess of owlac (T=joint ow-e- hi: eve ,.1 z1 -ems`
Arthur Forgetta
Dac_ of Prat:=e previous OviaC-
b} lliVh.e- i*ce:eS-,
°rase^•ive',PurcFase- t �s_e_
Oi�'.L'L.:Gr�''L:OII _Or �/ .r;�.C-IC eC--T D` ie":::i=
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of's
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Site of propose ont: An fev: deep;
.S. one (1) ;e�. `?
F:e' c r� i �:.
or residential
C) 7Y otCCfS"'_ :_: �%nd frame
T
r_�s �z:e Ct!'s or�•,-c,_� = vim: no ti4aec
for relief from frontage requirement and minimum lot width
r. De-!'-4 r cue Ze•_ c De.= is Foef:2954 �� F=,! 250 .
L_.d Cour-
The pr'u.C: .^.l poincS u*UR ....L'kac:VR :.re zs -bilw-YS: LCe ir.
See attached -
..•ate
to C2v tue -o . '''' }`7 :5�— L. e�vsrace;, and in.c:dect_i e-O=es*`.
of6titioner(S"
6o3
} TOWN OFNORTN ANOOVE,�-
.- 40ning Board of Appeals
27 Charles Street
I'lcl ih Andover. PA a 01 94S
Town of Ncrtti Andover, %aning =oars cf Accc_=a
�.FFL!G;=,I�f i 7": ii��`ry ra0, Parc:!, n2:7 e
(FL -`,SE FIF I T CL .:;L Y., US-E CL''.CK IK)
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WORK S=77
1E=CP-TPi`,QN OF V.-!,.ti A,,C:- nEQUES -D
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•ii
25,000 25,830/55,670 NONE
I
Stre_: C�cac�_� 125200" 125/50
Fcoac SCtack (s)
30 ' 71/270 NONE
20 ' 28/26 NONE
R=-Sz::2. k (S) 30' 30+/180 NONE
�ce_:�! 2e.:Lc RNcieC: N/A
I
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ATI ACHMENT TO .PETITION FOR VARIANCE
The Forgetta family has resided on an adjoining site for over seventy years. The family
farm is being sold,and two brothers and two sisters wish to continue to reside on the premises.
The family homestead., Iocated at 1210 Osgood Street, must be demolished in connection with
the development of the parcel. A single story home must be built on a newly created parcel
which is the subject locus for this petition The existing house located on Lot 1 will remain It is
not suited for the Forgetta family since they require a home with a single floor because of their
ages.
Because the proposed newly created parcel exceeds the minimum lot size by a factor of
two,the Petitioner believes that there would be little impact upon the neighborhood by virtue of
the residence. The Forgettas have agreed to sell the balance of their land, and cannot carve out
a parcel that has any additional frontage,since it is all needed by the Buyer in connection with
the commercial development. Also,the Forgettas wish to situate the house a substantial distance
from the Route 125,which is a busy and noisy thoroughfare. There are circumstances relating to
the land that especially effects it but not generally the zoning district in general.
i
V
Admitted MA,
NH&FL Bars
John A. James, Jr.
ATTORNEY AT LAW
68 Main Street Telephone:978-475-0021
Andover,MA 01810 Facsimile:978-475-6070
e NORTN
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NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER_MASSACHUSETTS 018-15
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St.,North Andover, MA., on Tuesday the 20th day of June, 2000 at
7:30 PM to all parties interested in the appeal of Arthur Forgetta, for premises at: 1284
Osgood Street,North Andover, MA., for a Variance from the requirements of Section 7,
Paragraph 7.2, for relief of frontage requirements and minimum lot width, in order to
sub-divide said lot, in order to construct a single family residence.
Said premises affected is property with frontage on the West side of Osgood St. within
the B-1 Zoning District
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on June 6, & June 13, 2000.
MI/Legalno2000/18
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05/02/00 TUE 15:47 FA% 001
I MAY 3 2000
JOHN A JAMES, JR., ESQ. L . . _ _11�__ _
Attomey at Law
68 Main Street
Andover,MA 01810
(978)475-0021
Fax(978)475-6070
TELECOPY TRANSMISSION MEMO
DATE: 5/1/00 TELECOPY NUMBER: 688-9542
NAME: Mary OUR FILE NO.:
FIRM: Board of Appeals
FROM: John A. James Jr..
RE: Forgetta
Pages including cover sheet.
MESSAGE
Enclosed you will find work sheet and attachment to petition. Please call me should you have any
additional questions. I will assume that you have presented it to the Building.Inspector for a"turn
down"and then will have it time stamped by the Clerk. We wish to be placed on the June agenda.
CONFIDENTIALITY NOTE: The documents accompanying lois telecopy transmission may contain confidential or privileged
information from the ice of Atrorney John.4. lam"Jr.. 7111s information is intended for use by the individual or enlify named on thiv
transmission memo. /f ym are not the Intended rectptenr, be aware that any dkolo,wre, copying transmission or use of the Contents of this
irrormatlon is prohihited. 11Y-1 have received this telecopy In error,please advise us immediately so that we can arrange rLtrivva1 of the fared
documents.
Ifou have an problems Y y p s or questions concerning this transmission,
please call Karen at (978) 475-0021.
I
t ACRT4
:°•�r"" ""° Zoning Bylaw Review Form
: . Town Of North Andover Building Department
;- : 27 Charles St. North Andover, MA. 01845
�fsACNUSE� Phone 978-688-9545 Fax 978-688-9542
Street: 1284 Osgood Street
Map/Lot: 34/13
Applicant: Arthur Forgetta
Request: To sub-divide a parcel of land into 2 leaving lot 2 without the required
frontage
Date: 5/22/00
Please be advised that after review of your Application and Plans your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient Yes (1)
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Complies Yes 3 Preexisting frontage
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed Yes G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies Yes
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 1 Insufficient Information
C Setback H Building Height
1 All setbacks comply Yes 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies Yes
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies Yes
D Watershed 3 Coverage Preexisting
1 Not in Watershed Yes 4 Insufficient Information
2 In Watershed j Sign
-
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required 1 More Parking Required
2 Not in district Yes 2 Parking Complies
3 Insufficient Information
Remedy for the above is checked below.
Item # Special Permits Planning Board Item # Variance
Site Plan Review Special Permit Setback Variance
Access other than Frontage Special Permit Parking Variance
Fronta a Exception Lot S ecial Permit Lot Area Variance
Common Driveway Special Permit Height Variance
F-1 Frontage Variance
Congregate Housing Special Permit Variance for Si n
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly HousingSpecial Permit _ Special Permit Non-Conforming Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District S ecial 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
F-1 Variance for frontage
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. T buildirIg department will retain all plans and documentation for the above file.
S" D
uilding Departme@t Official Signature AppliKItion Received Application Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application for
the property indicated on the reverse side:
tem Reasonsfor,
.........
F-1 A Variance to sub-divide a parcel of land into 2 lots leaving lot"2"without the
required frontage.
Referred To:
Fire Health
Police Zoning Board
Conservation Department of Public Works
Planning Historical Commission
Other BUILDING DEPT
ZoningBylawDenia12000
Qac �
`7 r If
i
JAMES & JAMES
ATTORNEYS AT LAW
68 Main Street Andover,Massachusetts 01810
(978)475-0021 (978)470-3600
(978)475-6070 Facsimile
John A.James,Jr.(also admitted NH&Florida) Jamie Mauritz James
July 11, 2000 BY HAND
Chairman of the Zoning Board of Appeal North Andover
Main Street
North Andover, MA 01845
Re: Request of Variance for Arthur Forgetta
Dear Mr. Chairman:
In response to your request for a Legal Opinion relative to the above entitled matter I submit the
following.
The North Andover Zoning ordinance defines Street Frontage as:
Minimum street frontage shall be set forth in Summary of Dimensional Requirements
(Table 2) and the lot line meeting these requirements shall constitute the"street frontage"
at the street line be less than seventy-five (75) feet; except as allowed by Section 7.2.2.
There exists an exception to street frontage which is available solely in a Residential District:
The street frontage and lot width exception Special Permit may be granted for a lot in an
residential district provided that:
1. The area of the lot exceeds by three (3)times the minimum lot area
required for that district.
2. The lot has a minimum continuous street frontage of not less than fifty
NORTf�
Zoning Bylaw Review Form
Town Of North Andover Building Department
27 Charles St. North Andover MA. 01845
,ss^"'°SES Phone 978-688-9545 Fax 978-688-9542
Street: 1284 Osgood Street
Map/Lot: 34/13
Applicant: Arthur Forgetta
Request: To sub-divide a parcel of land into 2 leaving lot 2 without the required "
frontage ,
- Date: 5/22/00
Please be advised that after review of your Application and Plans your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient Yes(1)
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Complies Yes 3 Preexisting frontage
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed Yes G Contiguous Building Area
2 1 Not Allowed 1 Insufficient Area
3 1 Use Preexisting 2 Complies Yes
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply Yes 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies Yes
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient l Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies Yes
D Watershed 3 Coverage Preexisting
1 Not in Watershed Yes 4 Insufficient Information
2 In Watershed j Sign
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required 1 More Parking Required
2 Not in district Yes 2 Parking Complies
3 Insufficient Information
Remedy for the above is checked below.
Item # Special Permits Planning Board Item # Variance
Site Plan Review Special Permit Setback Variance
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common Driveway Special Permit Height Variance
F-1 Frontage Variance
Congregate Housing Special Permit Variance for Si n
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
F-1 Variance for frontage
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. T buildi department will retain all plans and documentation for the above file.
wilding Depairttm t Official Signature Applidation Received Application Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application for
the property indicated on the reverse side:
ltern aso
ns
F-1 A Variance to sub-divide a parcel of land into 2 lots leaving lot"2"without the
required frontage.
Referred To:
Fire Health
Police Zoning Board
Conservation Department of Public Works
Planning Historical Commission
Other BUILDING DEPT
ZoningBylawDenia12000
M
JAMES & JAMES
ATTORNEYS AT LAW
68 Main Street
Andover, Massachusetts 01810
(978)475-0021
(978)460-3600
(978)475-6070 Facsimile
John A. James,Jr. (Mass,NH Florida) Jamie Mauritz James (Mass)
May 5, 2000
Zoning Board of Appeals
Norh Andover
27 Charles St.
North Andover, MA
01845
RE Forgetta Osgood
Dear Mary:
Enclosed you will find mailing labels in duplicate and eight (8) stamps. By copy of this letter I
have asked Mr. Forgetta to bring you a check for$25.00 for the publication.
Cordially,
Jo A. James, Jr.
JAJ/mm
.. %����E�/_ //
l�I v _
VJ Vr' JJ lll. 1J iJ ['a_1 qI V41
AT ACHMENT TO PETITION FOR VARIANCE
The Forgetta family has resided on an adjoining site for over seventy years. The fanuly
farm is being sold,and two brothers and two sisters wish to continue to reside on the premises.
The family homestead., located at 1210 Osgood Street, must be demolished in connection with
the development of the parcel. A single story home must be built on a newly created parcel
which is the subject locus for this petition.The existing house located on Lot 1 will remain. It is
not suited for the Forgetta family since they require a home with a single floor because of their
ages.
Because the proposed newly created parcel exceeds the minimum lot size by a factor of
two,the Petitioner believes that there would be little impact upon the neighborhood by virtue of
the residence. The Forgettas have agreed to sell the balance of their land,and cannot carve out
a parcel that has any additional frontage,since it is all needed by the Buyer in connection with
the commercial development. Also,the Forgettas wish to situate the house a substantial distance
from the Route 125,which is a busy and noisy thoroughfare_ There are circumstances relating to
the land that especially effects it but not generally the zoning district in general.
.J
f NORTH 1
' ��SS�CHug¢�1y
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER.MASSACI-IIJSETTS 01845
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St.,North Andover, MA., on Tuesday the 2& day of June, 2000 at
7:30 PM to all parties interested in the appeal of Arthur Forgetta, for premises at: 1284
Osgood Street,North Andover, MA., for a Variance from the requirements of Section 7,
Paragraph 7.2, for relief of frontage requirements and minimum lot width, in order to
sub-divide said lot, in order to construct a single family residence.
Said premises affected is property with frontage on the West side of Osgood St. within
the B-1 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on June 6, & June 13, 2000.
MULegalno2000/18
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Town of Forth Andover °F N°RTH,
"s�eo '6
Office of the Planning Department
Community Development and Services Division
27 Charles Street ..�.
North Andover,Massachusetts 01845C
ACHUS
Telephone (978)688-9535
Fax(978)688-9542
i
C=
,C=_, 21- O
Notice Of Decision
z =ern
Any appeal shall be filed _ CV
Within (20) days after the — r
C:)rn c3 r*
Date of filing this Notice -� C:);U
the Office of the Town
Clerk ZE
w
Date: January 11, 2002
Date of Hearing: January 10, 2002
I
Petition of: Arthur H. Forgetta 1284 Osgood Street North Andover,MA 01845
Premises Affected: Lots B2 and 133 Osgood Street,North Andover, MA 01845
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 7.2.1 and Section 2.30.1.
So as to allow: access to Lot 132 over Lot B3 and for a common driveway.
After a public hearing given on the above date,the Planning Board voted to APPROVE,
the Special Permits for Access other than over the legal frontage and common driveway
special permit, based upon the following conditions:
Signed?berSto
m ns,Chairman
Cc: Applicant Angles,Vice Chairman
Engineer Richard Nardella, Clerk
Abutters Richard Rowen
DPW Felipe Schwarz
Building Department
Conservation Department
Health Department
ZBA
14 2001
a
BO O�AR'' �.'A0P' Att BUILDING b88-9545 CONSERVATION 688-9530 HE.-LTH 688-9540 PIANI NI�;G 688-9535
M
Lot B2 over B3 Osgood Street
Special Permit Approval-Access other than over the legal frontage&
Special Permit Approval- Common Driveway
The Planning Board makes the following findings regarding the application of Arthur H.
Forgetta 1248 Osgood Street, North Andover, MA 01845, dated December 13, 2001.,
requesting a Special Permit under Section 7.2.1 and Section 2.30.1 of the North Andover
Zoning Bylaw to allow access to Lot B2 over lot B3 and for.a common driveway, owned
by Arthur H. Forgetta 1284 Osgood Street, North Andover, MA 01845.
FINDINGS OF FACT:
1. Access other than over legal frontage to lot B2 is appropriate as the location is a
mixed use and is appropriate for shared access; the entrance/egress will not affect the
neighborhood, and will not create a hazard to vehicles or pedestrians.
2. The specific site is an appropriate location for access to the lot given the current and
projected traffic on the roadway, and the site distance to adjacent driveways and
roadways.
3. The purpose and intent of the regulations contained in the Zoning Bylaw are met with
the Special Permit Application.
Upon reaching the above findings, the Planning Board approves this Special Permit with
the following conditions:
Special Conditions:
1. This decision must be filed with the North Essex Registry of Deeds. Included as a
part of this decision are the following plans and decisions:
Plans titled: Proposed Common Driveway Plan
Lots B-2+B-3
Osgood Street in North Andover, MA
Prepared For: Arthur H. Forgetta
1284 Osgood Street
North Andover, MA 01845
Prepared by: Marchionda&Engineering, L.P.
62 Montvale Avenue, Suite I
Stoneham, MA 02180
Scale: 1"=40'
Plan Date: 12/10/01
r
' a) The Town Planner must approve any changes made to these plans. Any
changes deemed substantial by the Town Planner will require a public
hearing and a modification by the Planning Board.
b) Easements pertaining to the rights of access for and agreements pertaining
to the maintenance of the driveway shall be presented to the Town Planner
to review. When the Town Planner deems the easement adequate, a copy
must be recorded with the Registry of Deeds and a certified copy of the
recorded document filed with the Planning Office.
2. Prior to any site disturbance:
a) All appropriate erosion control devices must be in place and reviewed by
the Town Planner.
b) The decision of the Planning Board must be recorded at the North Essex
Registry of Deeds and a certified copy of the recorded decision must be
submitted to the Planning Office.
C) Tree clearing must be kept to a minimum The area to be cleared must be
reviewed by the Town Planner.
d) The location of the driveway must be marked in the field and reviewed by
the Town Planner.
e) A performance guarantee of one thousand($1,000) in the form of a check
made out to the Town of North Andover must be in place in accordance
with the plans and the conditions of this decision and to ensure that the as-
built plans will be submitted.
3. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
4. Gas, telephone, cable, and electric utilities shall be installed as specified by the
respective utility companies.
5. No open burning shall be done except as is permitted during the burning season
under the Fire Department regulations.
6. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
7. The provisions of this conditional approval al shall apply to and be binding upon the
applicant, its employees,and all successors and assigns in interest or control.
r
This Pearmit 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. Therefore the permit will lapse on