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Miscellaneous - 1789 GREAT POND ROAD 4/30/2018 (2)
1 B� Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Ll k-n"IeS Street North- Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner" Fax (978) 68&9542 Any appeal shall be filed within (20) days after the date of filing; of this notice in the office of the Town Clerk. Notice of Decision Year 2064 . PronertV at: 1799 Great Pond Road �z(_ r:D CD .-3u 71 --i Z rrl C-) > < CD r7-, < Q7 ZE NAME: Richard Arnone, 26 West Meadow i, Road, Haverhill, MA for premises at: HEARING(S) : September 21 & October 12,2004, ADDRESS: 1789 Grist Pond Road PETITION: 2004-026 . I . p . I ', North. Andover, MA 01845 TYPING DATE: , October .1 5, 2004- u. The North. Andover Board of Appeals held a public hearing at, its regular meeting in the Senior Center, 120R. Main Street, North Andover MA on Tuesday, October 12, 2004 at 7:30 PM upon the application of Richard Arnime, 26 West Meadow Road, HaverhilL MA for pre at: 1789 Great Pond Road, North Andover, MA requesting a Variance from Section 10.4, for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in order to allow use of an existing common driveway by a third home.. The said premise affected is property with frontage on the North side of Great Pond Road within the R- I zoning district. The legal notice was published in the Eagle Tribune on September 6 & 13, 2004. The following'members were pyesent:, John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, Richard J., Byers, and Albert P. - ManzL III. The following non-voting members were present: Thomas D. ippolito, Richard NL Viin-ancourt,. and David I-' Webster. Upon a motion, by John M. Pallone and 2�d by Richard J. Byers the Board voted to GRANT a Variance from Section 10, Paragraph 10.4 .for relief from the provisions of Section of 2.30. 1 of the Zoning Bylaw in order to allow the. use of an existing common driveway by a third home per Proposed Site Plan Plat 35, Lot. 40, Great Pond Road in North Andover, Massachusetts, Date: August 18, 2004 by Bradley C. McKenzie, Registered Professional Civil Engineer, #36917, McKenzie Engineerimg Group, Inc., 196 Central Street Saugus, Massachusetts 01906. Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaG . rasse,.. Richard J. Byers, and -Albert P. Manzi, III. The Zoning Board accepts the letter from Julie Vondfak, Town Planner, dated September 13, 2004 I I relating the Planning Board's assessment ..."that the amount of disturbance associated with the new driveway was unnecessary and could impact the waters of Lake Cochichewick, which is located directly across the street- from treet -from the project site." The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 for relief from the provisions of Section 2.30. 1 of the Zoning Bylaw in that the granting of this Variance will have less averse affect to the neighborhood of Lake Cochichewick by less grading, less tree removal, and less impervious surface than the alternative two driveway plan. The Board finds that the Zoning Bylaw allowed a third house on a.driveway at the time the lot was created in 1979 per NERD Book 13 83, Pages 307-310 Driveway Easement and Maintenance Agreement, (covering Lots A, B and C, Plan 8166), the plateau and steep hillside topography of this lot is atypical, and the granting of this Variance will not derogate from the intent and purpose of the Zoning Bylaw. Pagel of2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 I own of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ''��, •--���.. �' North Andover, Massachusetts 01845 D. Robert Nicetta : Telephone (979j 688-9541 Building Commissioner Fax (978) 688-9542: 0 -�. CD z^� Xr�,C i Furthermore: if the rights authorized by the Variance are not exercised within one (1) year of the dateof'.r the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furth eimore,.'f aCD - im Special Permit under the contained herein be deemed have lapsed granted provisions shall to after a t�(2)' . year period from the date on which the Special Permit was granted unless substantial use. or constructio has commenced, it shall lapse and may be re-established only, after notice, and a new hearing. w Town of North Andover Board of Appeals, uy LPi 8 Ellen P. McIntCh it Decision 2004-026. M35P40. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Offke,of the Zoning Board of Appeals o e,onauriitY Development and Services Division 27 Charles Street NCO h Andover, Massachusetts 01845 166 r`' U 2 i Telephone (978) 688-9541 D. Robert Nicetta Fax (978) 688-9542 Building Commissioner Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 21 st of September 2004 at 7:30 PM to all parties interested in the appeal of Richard Arnone, 26 West Meadow Road, Haverhill, MA for prernhes at: 1789 Great Pond Road, North Andover, MA requesting a Variance from Section 10.4, for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in order to allow use of an existing common driveway by a third home. The said premise affected is property with frontage on the North side of Great Pond Road within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Friday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle Tribune on. September 6 & 13, 2004. Legalnotice 2004-026. M35P40. Nm vo�Dnw� ~dao yXo�o���oyal�a �waD��w RI o im �coa�a� o~__mo-4^m�DNm0Dmw�c�Dn�momo1.�'I'ooZ 1� A�7 a -N 5'* N oto 0.M��OO fD =�Q, ..��?N`��?i N NS�a,O7, v'Uo o� .� y ���u Nmn4U.�.��3�oovo mmp�m�O` mo�m r' m m o 0 •ohm a_. 3 3 °0 ovDmwom �� ooa3 tOa3CUD) >oD?i�5'ooa�aco Z Wvrnim D<a- ms�pm po`� pa7��a1a0�ov <i o— �.w=�v�ei�Zoa 0- NDm@;C 3wOLm3'°mcasmomn' o�ZciAo3ca� n-o3aato MO 8<ovmom'O�A smmmQ, cDa: amm m.+N< m,7goma smm»?aNw m R o Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9510 Health 978-688-9540 Planning 978-688-9?3 )(U4 -_ Yh0h10, 333 ,3(:, 1� C6)d e✓- No.:Date �© f pORTM 9 - - 3=°�t` TOWN OF NORTH ANDOVER A BUILDING DEPARTMENT Building/Frame Permit Fee $ SSACHU Foundation Permit Fee $ I Other Permit Fee X11 e $ 11 �4 CA ;�I o r 3r'� e d1a@-4nWe&or-� ZBA220 Date ..� ...1.T .7.P . TOWN.OF NORTH ANDOVER RECEIPT This certifiesthate� E'. R 1�..-` '`�'. � ! v e.! v�!�''! ..Tr,1f . . I.j kA 4 AV,0 olme_, Tr` has paid.. !;�...s...' t � �....! .......................................... for..................�............. f :..................... ....� ............... ..�. Receivedby ........... ...��%.................................................. Department............ ...L 1 .......................................................... WHITE: Applicant CANARY: Department PINK: Treasurer HEIDI GRIFFIN Director (978)688-9531 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 400 Osgood Street North Andover, Ma Ol 845 NOTICE OF DECISIONS t f Any appeal shall be filed within (20) days after the date of filing of this notice in the Office of the Town Clerk, Town of North Andover. Fax (978) 688-9512 Date: December 8, 2004 Date of First Hearing: Sept 23, 2003 thru November of 2004 Decision: December 7, 2004 Petition of: Richard J. Arnone 220 Broadway, #101, Lynnfield, MA 01940 Premises affected: 1789 Great Pond Road ' Map 35, Lot 40, size of lot 58,101 square feet Referring to the above petition for a Watershed Protection District Special Permit. The application was noticed and reviewed in accordance with the procedures for approval described in Section 4.136, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. So as to allow. for the construction of the single-family dwelling that will occur within the Non - Discharge Zone, while the construction of the proposed driveway and underground utilities will occur within the Non -Disturbance Zone. At a public hearing given on December 7, 2004, upon a motion made by Richard Nardells and 2°d by Felipe Schwarz the Board voted to approve a Watershed Protection District Special Permit for 1789 Great Pond Road based on the following conditions. X1789 BOARD OF APPEALS 388-9541 BUILDING 688-9545 Signed Alberto Angles, Chairman George White, Vice Chairman Felipe Schwarz, Clerk John Simons Richard Nardella James Phinney CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1789 Great Pond Road Map 35, Parcel 40 Special Permit - Watershed Protection District The Planning Board hereby grants the Watershed Protection District Special Permit, and makes the following findings based on the application of Richard I Arnone, 220 Broadway, #101, Lynnfield, MA, who submitted this application on September 23, 2003. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The area affected is located off Great Pond Road in the R-1 Zoning District and is identified in the Assessor's Map and Parcel Numbers shown on the plans cited in Special Condition #1 below. The applicant is requesting a watershed special permit in order to permit certain work related to the construction of a 3,400 square foot single-family dwelling, driveway and related grading in the Non -Disturbance Buffer Zone and Non - Discharge Buffer Zone of the Watershed Protection District. Specifically, the construction of the single-family dwelling will occur within the Non -Discharge zone, while the construction of the proposed driveway and underground utilities will occur within the Non -Disturbance Zone. In accordance with Section 4.136 of the Zoning Bylaw, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, is met. Specifically the Planning Board finds: That as a result of the proposed construction tion in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The proposed dwelling will be connected to the Town sewer system; b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the site. c) The topography of the site was altered but has been minimized so as to reduce the net amount of impervious area created. d) The limit of clearing is restricted to the minimum necessary to construct the structures and appurtenances; e) A construction phasing plan and emergency response plan are provided. 2. There is no reasonable alternative location outside the Non -Disturbance Buffer Zone and Non -Discharge Zone for any discharge, structure or activity, associated with the proposed project. All homes, impervious areas and utilities are shown in areas that are allowed by right under Section 4.136 of the North Andover Zoning Bylaw. The proposed dwelling and driveway have been located as to minimize the grading and earthwork required to complete the project and restore vegetative cover as quickly as possible. Furthermore, the applicant has placed the construction of the proposed dwelling as far away as possible from the annual high water mark of Lake Cochiewick. in accordance with Section 10.31 of the Nath Andover Zoning Bylaw, the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as ill feasible storm water and erosion oontrols have been placed on the site — the proposal has been reviewed by the town's outside consulting engineer, VHB, to ensure that adequate stormwater controls are in place; also the applicant filed for a Request for Determination of Applicability and received a negative determination by the Conservation Commission on October 22, 2003; b) The use will not adversely affect the neighborhood as the lots are located in a residential zone; the proposed single family dwelling is adjacent to two existing residential lots; c) There will be no nuisance or serious hazard to vehicles or pedestrians as the driveway although steep, and potentially inaccessible during severe weather conditions, has been constructed according to acceptable engineering practice. In addition, the proposed single-family residence will have a sprinkler system 2 installed to provide further protection to the residence. Finally, the lower section of the driveway is already utilized to access Lots B and C and the proposed driveway will serve as additional aooess to the single- family dwelling, and the proposed driveway will be paved in its entire length to provide traction and support for fire apparatus and ambulanom d) Adequate and appropriate facilities are provided for the proper operation of the proposed use — the house will be serviced by sewer and underground utilities for electric cable and telephone services; a soil percolation test was conducted by the Board of Health Consultant to ensure that the dry well has been sized properly, and a catch basin has been added at the base of the proposed driveway and is connected to the dosed drainage system located on Great Pond Road via a piped connection as requested by the Department of Public Warks. e) The Planning Board also makes a spexafic finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw since the use meets all the performance standards and criteria of the Zoning Bylaw described above. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: 1) This decision must be filed with the Nath Essen Registry of Deeds. The fallowing information is included as part of this decision: a) Phe titled: Proposed Site Plan, Map 35, Lot 40, Great Pond Road Dated: 8114/03, revised 9/16103, 10115/03, mibW WON Applicant: Richard Arnone Civil Engineer: McKenzie Engineering Group, Inc. 196 Central Street Saugus, MA 01906 Sheets: 1-3 Scale: 1"=20' b) Report titled: Roof Drywell Siting Calculations for 1789 Great Pond Road Prepared by. McKenzie Engineering Group, Inc. 196 Central Street Saugus, MA 01906 Dated: October 31, 2003 c) The Tawe Planner shall approve any insubstantial cbaegec evade to these plans and reports. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a delowieatioo of whetber such changes would merit a public meeting or bearing and/or modification of the Special Permit by the Planning Board 2) P w to an work an die - a) A performance guarantee of five thousand dollars ($5,000) in the farm of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. b) The limit of work as shaven on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Tom Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals (copies of which should be provided to the -Planning Office.) e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. fl A construction -phasing plan as shown on sheet 3 of 3 of the submitted plan shall be strictly adhered to during construction. The standard construction sequence outlined on sheet 3 of 3 is followed for Spring, and Summer construction. If construction is ongoing during the late fall and winter months, the contractor should follow the following erosion control measures: if construction activities are planned during the winter months (Dec. thru March) then the North Andover Planning Board shall be notified in writing as to the specific construction activities and erosion control measures. If habales and siltation fence have not been properly installed before thhe ground freezzes, then construction activities should not commence until they can be installed properly or approved alternative (filter beam) is approved. Exposed soil areas should be covered with hay or a compost mix to prevent the migration of fines toward the lake. g) An emergency response plan is required to be provided to the Town Planner prior to any construction commencing. h) The driveway shall be paved its entire length using the bituminous concrete as shown on the plan or hot top with suitable subsurface to provide traction and support for fire apparatus and ambulances. 3) EmandaLkiN p}ap; immediately upon completion of the dwelling foundation and prior to fiirther construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional land Surveyor. (F-P.L.S.) which accurately depicts the foundation location and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Special Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. (The applicant is required to take all responsibility to address any concerns in the matter of the appropriate placement of the foundation ) The proposed retaining wall at the rear of the property will not exceed 4'in height. 4) l IpjW spnlicatien of huilding permit: The applicant shall adhere to the following requirements of the Fire Department and the Building Department: a) The Fire Department is opposed to the construction of the driveway at the approved grades. To minimize the risk to public safety, all structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. b) All vegetative fuels shall have been removed in accordance with Condition 2G above and must be inspected and approved by the Fire Prevention Officer. c) (Grading plan shall be provided and coincide with approved grading on plan dated 10/ 15/04) and approved by the Town Planner. d) Building permits must be obtained for retaining walls over 4' high on unbalanced fill. e) The applicant shall clear the `vegetative fuels" located in the vicinity of the proposed dwelling and construct appropriate "fire wise landscaping" in its place. The applicant shall mark the clearing of the vegetative fuels in the field and this must be reviewed and approved by the Fire Prevention Officer (verifiction from the Fire Prevention office must be provided to the Planning Office). a) The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department. b) The Town Planner shall be provided with a copy of the deed to each residential lot which shall include a deed restriction which provides that no pesticides, fertilizers or chemicals shall be used in lawn care or maintenance for that lot and provides that all requirements contained within this special permit shall be maintained in perpetuity so long as the lot is utilized far residential purposes. c) The applicant shall utilize the existing brick marker to display the house numbers for identification purposes. The brick marker shall have the street numbers of all houses engraved on all four siders of the stone, and all numbering on the stone shall be 4" in height. The brick marker shall be established in a suitable location as determined by the Fire Department (in accordance with the 911 coordinator) and will be inspected by the Town Planner to ensure this condition has been met. d) The applicant shall submit an as -built plan .depicting that the topography and the final grades of the site were built in accordance with the approved plans. The Planning staff shall review the site. Any mitigation due to over cutting, etc., as may be reasonably required by the Planning staff shall be added at the applicant's expense. 1 6l.l = -=—Mr a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as -built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a certification from the design engineer that the site was constructed (and work was performed m accordance with standard engineering practice) as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition # 1. 8) No open burning shall be donne except as is permitted during burning season under the Fire Department regulations. 9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10) The provisions of tris conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 11) This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted (on December 2006) unless substantial use or construction has commenced. cc: Applicant Enginw DPW Building Dept. Conservation Dept. Health Dept. Assessors Police Chief Fire Chief nWda�cto &czwW l789Decisiw special Permit CAROL HAJJAR WGRAVEY OF COUNSEL e-mail chm@ufb.com URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 December 23, 2003 Heidi Griffin Director of Community Development & Services Town of North Andover 27 Charles Street North Andover, MA 01845 RE: REQUEST FOR OPINION 1789 GREAT POND' ROAD? Dear Heidi: Andover Telephone 978475-4552 In response to your request for an opinion as to whether the above -referenced lot is subject to the zoning by-law restricting common driveways to 2 units, we submit the following. Your question arises in connection with the application by the owner of 1789 Great Pond Road for a Watershed Special Permit, which may not be granted unless the premises is in compliance with the provisions of the zoning bylaw. Section 2.30.1 of the North Andover Zoning Bylaw, enacted in 1989, provides that, subject to the granting of a Special Permit by the Planning Board, a driveway may be shared by not more than two lots. The question has arisen as to whether the lot at issue is "grandfathered," and thereby exempt from this provision of the Bylaw. M.G.L. c. 40A, § 6 provides, in pertinent part: Any increase in area, frontage, with, yard or depth requirements of a 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 the then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. s:\wp5I\workm-ondove corresp!griffin.ltr-greatpondrd,doc URBELIS & FIELDSTEEL, LLP December 23, 2003 Page 2 This provision provides an exemption from area, frontage, width, yard or depth requirements, but does not, in our opinion, provide relief from the provisions of Section 2.30.1 of the North Andover Zoning By -Law, which limits the use of common driveways to two lots. In order to obtain relief from this provision of the Bylaw, it is our opinion that the applicant would have to apply for a variance under Section 10.4 of the Bylaw for relief from the provisions of Section 2.30.1 of the Bylaw in order to permit the common driveway to serve three lots. If the variance is granted, an application may be made to the Planning Board for a common driveway special permit. Please note the requirement of a maintenance agreement in Section 2.30.1. If the driveway variance and special permit are granted, then the Watershed Special Permit may be issued. Please let me know if you have any questions or if we may be of further assistance. Very truly yours, Carol Hajjar McGravey CHM/lah cc: Mark Rees D. Robert Nicetta North Andover ZONING BOARD OF APPEALS Senior Center, 120R Main Street, North Andover, MA Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 Re: The application of BRIGGS, PAUL C for a(n) Variance to allow Var from 10.4 for relief from requirements of 2.30.1, dated August 19, 2004. Z.B.A. Hearing No 2004-026-8694 DETAILED RECORD AND DECISION NORTH ANDOVER Board of Appeals, hereby certifies that the following is a detailed record of the board's proceedings and decision regarding the above captioned application regarding the property located at Map='035.0' and Block='0040' which property is affected by this decision. The above captioned application requests a(n) Variance from Section 2 of the North Andover Code to allow Var from 10.4 for relief from requirements of 2.30.1. A true copy of the application is on file in the Clerk's Office. A notice of public hearing on this application, a true copy of which is on file in the Office of the City Clerk was: 1. Published in the Eagle -Tribune, a newspaper of general circulation in the North Andover on September 7, 2004 and September 14, 2004. 2. Posted in a conspicuous place in the Town of NORTH ANDOVER on September 7, 2004 which was at least 14 days prior to the hearing; and 3. Mailed, postpaid on September 7, 2004, which is at least 14 days before the hearing to the petitioner, abutters, owners of land directly opposite the property in question on any public or private street or way, abutters to abutters within 300 feet of the subject property, the planning boards of the abutting towns. The notice was mailed to the names and addresses shown on the most recent tax list provided by the assessors's office. The public hearing was opened on September 21,2004 at ... at which time opportunity was given to all those interested to be heard in favor or opposition to the application. The public hearing was closed on .... GeoTMS®1998 Des Lauriers S Associates, Inc. Page 1 of 2 BRIGGS, PAUL C Map='035.0' and Block='0040' Page 2 Based on the evidence and testimony presented at the public hearing, the Board made the following findings that: 1. Zoning Bylaw allowed a third house on a driveway at the time the lot was created in 1979 per NERD Book 1383, Pages 307-310 Driveway Easement and Maintenance Agreement, (covering Lots A, B and C, Plan 8166), the plateau and steep hillside topography of this lot is atypical,. 2. A literal enforcement of the Bylaw would be a substantial hardship to the owner in that .... 3. There will not be substantial derogation from the intent and purpose of the bylaw because .... Any person aggrieved by a decision of the Board of Appeals may file an appeal pursuant to General Laws C.40A, S.17. Such appeal must be filed within twenty (20) days after the date of filing of the notice of the Board's decision with the Clerk's Office. The following members were present and voted as follows: cc: City Administrator Board of Health Planning Board Petitioner Conservation Commission File Signatures: F -in GeoTMS®1998 Des Lauders & Associates, Inca Page 2 of 2 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk Notice of Decision Year 2004 Proverty at: 1789 Great Pond Road NAME: Richard Arnone, 26 West Meadow Road, Haverhill, MA for premises at: HEARING(S): September 21 & October 12, 2004 ADDRESS: 1789 Great Pond Road PETITION: 2004-026 North Andover, MA 01845 TYPING DATE: October 15, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, October 12, 2004 at 7:30 PM upon the application of Richard Arnone, 26 West Meadow Road, Haverhill, MA for premises at: 1789 Great Pond Road, North Andover, MA requesting a Variance from Section 10.4, for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in order to allow use of an existing common driveway by a third home. The said premise affected is property with frontage on the North side of Great Pond Road within the R-1 zoning district. The legal notice was published in the Eagle Tribune on September 6 & 13, 2004. The following members were present: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Albert P. Manzi, III. The following non-voting members were present: Thomas D. Ippolito, Richard M. Vaillancourt, and David R. Webster. Upon a motion by John M. Pallone and 2nd by Richard J. Byers the Board voted to GRANT a Variance from Section 10, Paragraph 10.4 for relief from the provisions of Section of 2.30.1 of the Zoning Bylaw in order to allow the use of an existing common driveway by a third home per Proposed Site Plan Plat 35, Lot 40, Great Pond Road in North Andover, Massachusetts, Date: August 18, 2004 by Bradley C. McKenzie, " Registered Professional Civil Engineer, #36917, McKenzie Engineering Group, Inc., 196 Central Street Saugus, Massachusetts 01906. Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Albert P. Manzi, III. The Zoning Board accepts the letter from Julie Vondrak, Town Planner, dated September 13, 2004, relating the Planning Board's assessment ... "that the amount of disturbance associated with the new driveway was unnecessary and could impact the waters of Lake Cochichewick, which is located directly across the street from the project site." The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 for relief from the provisions of Section 2.30.1of the Zoning Bylaw in that the granting of this Variance will have less averse affect to the neighborhood of Lake Cochichewick by less grading, less tree removal, and less impervious surface than the alternative two driveway plan. The Board finds that the Zoning Bylaw allowed a third house on a driveway at the time the lot was created in 1979 per NERD Book 1383, Pages 307-310 Driveway Easement and Maintenance Agreement, (covering Lots A, B and C, Plan 8166), the plateau and steep hillside topography of this lot is atypical, and the granting of this Variance will not derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 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. Town of North Andover Board of Appeals, Ellen P. McIntyre, Chair Decision 2004-026. M35P40. Page 2 of 2 To whom it may concern: My name is Thomas Sarre and I live at 1779 Great Pond Road, North Andover, MA. I currently use the common driveway, which crosses Mr. Arnone's property as access to my home. I am writing this letter in support of Mr. Arnone's request for a driveway variance on the property located as 1789 Great Pond Road, North Andover, MA v /c(—/-�SLI�-�c Sincerely, Thomas Sarr a y Date Id - OCT 12 2004 D BOARD OF APPEALS ---00 6-0 3`6 41 i f } I; BK1383 r l._ ..... ... DRIVEWAY EASEMENT 307 AND MAINTENANCE AGREEMENT (COVERING LOTS A, B AND C, PLAN) AGREEMENT made and dated this fourteenth day of August, 1979, ' r r by and between the following parties: DOROTHY 0. ARCHAMBAULT (hereinafter Mrs. Archambault); JOHN J. KENNEDY and CLAIRE A. KENNEDY, husband and wife, (hereinafter the Kennedys); k LOUIS P. MINICUCCI, JR, and JUDITH A. MINICUCCI, husband and wife, (hereinafter the Minicuccis); and :. EDWARD PALMISANO and CLARA PALMISANO, husband and wife, (hereinafter the Palmisanos). WHEREAS Mrs. Archambault and the Kennedys are conveying Lots C and B respectively as shown .on a certain plan to be recorded in connection with said real estate transaction and numbered to the Palmisanos and Minicuccis respectively, and WHEREAS.Mrs. Archambault' is.retaining ownership to Lot A as shown on said plan for her benefit and the benefit of her heirs and assigns, and WHEREAS future sale and/or development of said Lot A will be dependent upon,and subject to, the use and enjoyment of a, --certain right of way or driveway easement over part of said Lots A.and B, and shown on said plan as "Access Driveway" and including a five foot maintenance easement on either side, and OCT 12 2004 ADDCAI O _�------ _ B x x 3�g WHEREAS access to Lots B and C over and across Lots A and B i is absolutely critical for the Minicuccis and Palmisanos, their heirs and assigns, grantees of Lots B and C respectively, and WHEREAS the parties wish by this instrument to clarify their rights to the use. -and enjoyment of said common driveway easement and the obligations and duties of all -parties towards each other, NOW THEREFORE, the parties, for themselves their heirs and assigns,.mutually covenant and agree as follows: The property shown on said plan as Lot C, conveyed by Mrs. 'Archambault to the Palmisanos, and the property shown on said plan as Lot B, conveyed by the Kennedys to the Minicuccis, is and are conveyed together with and subject to the following easements and covenants, namely: 1. An easement is given and reserved for the benefit of the owners of Lots A, B and C, for access by vehicular and/or pedestrian traffic over and upon the portion of land shown on said plan as . "Access Driveway",including a five foot maintenance easement on each side, and running from the northerly line of Great Pond Road up to and including the westerly line of Lot C, as shown on said plan. 2. The Minicuccis and the Palmisanos agree to share equally the cost of snow removal, maintenance and repair of said access driveway. . 3. Mrs. Archambault covenants for herself, her heirs and assigns, that any sale or development of Lot A as a dwelling lot `j shall be subject to the terms of this agreement, and that in convey- ing title to said Lot A that she will cause to be inserted the s r s following language, namely: The premises'are subject to the pro- visions of a certain Driveway Easement and Maintenance Agreement ate August 14, 1979, and recorded in North Essex Registry of Deeds in Book 1383 , Page 3 07, which shall be the date and place of recording of this instrument, so as to permit the perpetuation of this easement through, over and across said Lot A, within and over said Driveway Easement. 4. Should Mrs. Archambault or her heirs and assigns construct a dwelling on said Lot A which is dependent upon said access driveway, then the owner of said Lot A, at the time of securing a certificate of occupancy for said dwelling, shall share equally in the costs of maintenance, repair and snow removal on said easement with the then owners of said Lots B and C. Thereafter each record owner shall have one vote per lot.; A vote of at least two-thirds will be; required to undertake or.commit improvements to said Access Easement and each lot shall bear one-third of the total cost of any repairs, snow removal and maintenance. S. The parties recognize that during periods of.severesnow- storms or during icy conditions, it may be temporarily impossible to get up said driveway by motor vehicle. In this regard it is agreed by the parties that during said periods, temporary parking for automobiles for the owners of Lots A, B and C, but not to exceed two vehicles per lot,shall be permitted.at the foot of the hill, within Lot A southeasterly of the southeasterly line of the Access Driveway. No obligation however is hereby imposed upon the owner 3' Al wtffi i inicucc 3' Al wtffi I 9£'Ou,iy td gis a M O c o w M � 0 ,rt n Y 10 f � z a a v V J Q F $:f a b£'ON,LM1d 3gS � U 10 v R7 Oo "o o 9£'Ou,iy td gis a M O c o w M � 0 ,rt n Y 10 f � z a a v V J Q F $:f a b£'ON,LM1d 3gS � In accordance with -e—provisions--' ter 40-A, 86 the of MAL chap. ction 11, the North Andover Planning. Board Will hold d1publiq hearing asjolky" Purpose of Publlj: Hearing: • i t' Application — pedal POrMit under sections 4.138 and 10.8 of the North Andover Zon- ing Bylaw respectively The - app icant seeks the con-. structidn of a single farnily-home,ariveway and asso- ciated storm : water managsM6; to be accessed off, a common driveway located in the Watershed Pro- tection Districts ApplitieW 0&jMoner: Richard J. Arnorie 220 Bro'adwak, 4101, Lyngfie!d; MA 01-940 Ownen— ne Richard Amon.; 220 Broadway, jift., Lynnfield,.MA 01940 Address of Prehils6i Affectidi, 1789 Great Pond Road ii Assessong. Map and Lot'. Map_ Lot 4o-" Public Weinj Date &-71 Tuesday,October, 1 1, .7.30 Location of Pubitc HeaAi :- North: Andover. Public Works Garage it, 384- Osgood,Street near High School entt6Aoe, All Ihterett Persons heard. Person . May appear and be. lions andel or those Ing op6.6101- Sed6riNmodar-, Intematad inr All North Ando, - September 30,2oo4,, OCT 4 - 2004 BOARD OF APPEALS Page 1 of 1 Glennon, Michel To: Griffin, Heidi Subject: RE: 1789 Great Pond Road oops. yes, . -----Original Message ----- From: Griffin, Heidi Sent: Monday, September 20, 2004 9:31 AM To: Glennon, Michel Cc: Alberto Angles (E-mail); Nicetta, Robert Subject: 1789 Great Pond Road Hi Mich: A quick question. I just noticed that Richard Arnone of 1789 Great Pond Road is on the zba agenda tomorrow evening. He is also scheduled in front of the planning board tomorrow evening as well. I'm OK w/ Mr. Amone not being present at our meeting, but just wanted to point out that when planning and zoning have meetings on the same evening we should coordinate to double-check applicants are not double -booked. It's not a big deal at this time just sort of a quick reminder. Could you please call Mr. Arnone and let him know he's scheduled for both? He doesn't need to be at ours, actually he might want to continue for our meeting instead as we could not approve a plan that doesn't comply with zoning. If he has any planning questions, please have him call me directly. Thanks a lot; I just wanted to update you because this happened one time prior to you working for the z.b.a and its generally the public who gets upset; how do they go to two public hearings at once? Then they complain to the town manager, etc. So, I'm hoping to avoid that scenario! Have a good day, }feid (5r6 fi;w Community Development & Services Director 27 Charles Street North Andover, MA 01845 (978) 688-9531 (978) 688-9542 fax 9/20/04 Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 bt!12://www.townofnorthandover.com Town Planner. 1parrino@townofnorthandover.com Julie Vondrak September 13, 2004 North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Att: Ellen McIntyre RE: Special Permit for 1789 Great Pond Road Dear Ellen: P (978) 688-9535 F (978) 688-9542 It is my understanding that Richard Arnone has filed for a variance with the Zoning Board of Appeals to permit construction of a driveway off an existing common driveway that currently services two residential homes. The project has been before the Planning Board for a Watershed Special Permit for over one year. Early in the permitting process, it was discovered that the newly proposed driveway would be accessed off an existing common driveway servicing two lots. Section 2.30.1 states "Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more than two (2) lots". The Planning Board sought an opinion from Town Counsel who opined that the applicant would have to apply for a variance under Section 10.4 of the Bylaw for relief from the provisions of Section 2.30.1 of the Zoning Bylaw in order to permit the common driveway to serve three lots (see attached). The applicant was instructed to seek relief from the Zoning Board of Appeals, however, the applicant chose to redesign the project by proposing a separate driveway to service the lot, thus, eliminating the need to obtain a variance with the ZBA. Upon review of the design, the Planning Board members were of the opinion that the amount of disturbance associated with the new driveway was unnecessary and could impact the waters of Lake Cochichewick, which is located directly across the street from the project site. Access of the common driveway would eliminate substantial grading, tree removal and the addition of impervious surface. The project currently proposes a significant amount of disturbance within 325' of the Lake. On behalf of the Planning Board, I would like to recommend that the ZBA highly consider the granting of the variance to permit the common driveway to service three lots. The lot is located in a very sensitive area directly across the street from the Lake. The slope and topography of the lot requires substantial grading to accommodate a driveway and dwelling. Granting of the variance will help to reduce the amount of impervious material on site, in addition to the need for substantial grading and clearing. The project has been reviewed by VHB and drainage and stormwater improvements have been incorporated into the design. The Planning Board has requested the applicant to place the utilities along the edge of the driveway to reduce clearing activities. This must be reflected on a revised plan to be submitted to the Planning Board. Given the sensitive location of the site within the Watershed Protection District, the Planning Board supports the L� D Ja ting variance in order to protect the interests outlined in Section 4.136 of the Zoning Bylaw. SEP o akP AL D S 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS Thank you for your consideration and please feel to contact the Board members with any questions. Sincerel. , / ie V dra Town Planner cc: Planning Board Heidi Griffin, Community Development Director Robert Nicetta, Building Commissioner Donald Bornstein nTC �od1D fly SEP 13 2004 D BOARD OF APPEALS URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 CAROL HAJJAR WGRAVEY Telephone 617-338-2200 Andover OF COUNSEL Telecopier 617-338-0122 Telephone 978-475-4552 e-mail chm@ufb.com December 23, 2003 Heidi Griffin Director of Community Development & Services Town of North Andover 27 Charles Street North Andover, MA 01845 RE: REQUEST FOR OPINION 1789 GREAT POND ROAD Dear Heidi: In response to your request for an opinion as to whether the above -referenced lot is subject to the zoning by-law restricting common driveways to 2 units, we submit the following. Your question arises in connection with the application by the owner of 1789 Great Pond Road for a Watershed Special Permit, which may not be granted unless the premises is in compliance with the provisions of the zoning bylaw. Section 2.30.1 of the North Andover Zoning Bylaw, enacted in 1989, provides that, subject to the granting of a Special Permit by the Planning Board, a driveway may be shared by not more than two lots. The question has arisen as to whether the lot at issue is "grandfathered," and thereby exempt from this provision of the Bylaw. M.G.L. c. 40A, § 6 provides, in pertinent part: Any increase in area, frontage, with, yard or depth requirements of a 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 the then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. s:\wp5I\work\n-andove\corresp\griffin.ltr-grcatpondrd.doc f URBELIS & FIELDSTEEL, LLP December 23, 2003 Page 2 This provision provides an exemption from area, frontage, width, yard or depth requirements, but does not, in our opinion, provide relief from the provisions of Section 2.30.1 of the North Andover Zoning By -Law, which limits the use of common driveways to two lots. In order to obtain relief from this provision of the Bylaw, it is our opinion that the applicant would have to apply for a variance under Section 10.4 of the Bylaw for relief from the provisions of Section 2.30.1 of the Bylaw in order to permit the common driveway to serve three lots. If the variance is granted, an application may be made to the Planning Board for a common driveway special permit. Please note the requirement of a maintenance agreement in Section 2.30.1. If the driveway variance and special permit are granted, then the Watershed Special Permit may be issued. Please let me know if you have any questions or if we may be of further assistance. Very truly yours, Carol Hajjar McGravey CHM/lah cc: Mark Rees D. Robert Nicetta Sof _ , Vc 3 � � septi cl-- August 23, 2004 Attention: Zoning Board of Appeals Town of North Andover, MA RE: 1789 Great Pond Rd. No. Andover, MA 01845 Dear Mitch: Please find enclosed (4) sets of Abutters Labels, as well as 22 stamps. If you require anything further, please do not hesitate to call me. 11�C , ( Arnone Cell: 781- - 6 f T����p� CAROL HAJJAR WGRAVEY OF COUNSEL e-mail chm@ufb.com URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 . December 23, 2003 Heidi Griffin Director of Community Development & Services Town of North Andover 27 Charles Street North Andover, MA 01845 RE: REQUEST FOR OPINION 1789 GREAT POND ROAD Dear Heidi: Andover Telephone 978-475-4552 In response to your request for an opinion as to whether the above -referenced lot is subject to the zoning by-law restricting common driveways to 2 units, we submit the following. Your question arises in connection with the application by the owner of 1789 Great Pond Road fora Watershed Special Permit, which may not be granted unless the premises is in compliance with the provisions of the zoning bylaw. Section 2.30.1 of the North Andover Zoning Bylaw, enacted in 1989, provides that, subject to the granting of a Special Permit by the Planning Board, a driveway may be shared by not more than two lots. The question has arisen as to whether the lot at issue is "grandfathered," and thereby exempt from this provision of the Bylaw. M.G.L. c. 40A, § 6 provides, in pertinent part: Any increase in area, frontage, with, yard or depth requirements of a 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 the then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. NT C E � W E 0 AUG 2 3 2004 Bs`tG+p31\D76rk 3ndoA�P PA 1tr-grea4mndrd.doc URBELIS & FIELDSTEEL, LLP December 23, 2003 Page 2 This provision provides an exemption from area, frontage, width, yard or depth requirements, but does not, in our opinion, provide relief from the provisions of Section 2.30.1 of the North Andover Zoning By -Law, which limits the use of common driveways to two lots. In order to obtain relief from this provision of the Bylaw, it is our opinion that the applicant would have to apply for a variance under Section 10.4 of the Bylaw for relief from the provisions of Section 2.30.1 of the Bylaw in order to permit the common driveway to serve three lots. If the variance is granted, an application may be made to the Planning Board for a common driveway special permit. Please note the requirement of a maintenance agreement in Section 2.30.1. If the dnvewayace and special permit are granted, then the Watershed Special Permit maybe issued. Please let me know if you have any questions or if we may be of further assistance. Very truly yours, Carol Hajjar McGravey CHM/lah cc: Mark Rees D. Robert Nicetta TOWN OF NORTH ANDOVER . VARIANCE ZONING BOARD OF APPEALS NAME: ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal. by the Zoning Board of an application as incomplete. Please note tnat tnis is a tour (4 ment. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). NOerp Or 06 ,i h a/ OOH F A M, S�CHUS 1�g STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication.. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. 118i11181tltlili06itl1i1li18tl11ia1661111111akii11tli1tl61Nil Ikill Ilitlltliii11IU1ilamI alkil algiliai1i181a1111a1611OIia1111tlI7161116tlii1681166116millullialiGsi1inglailalltllaalaallisli111$611611168/ii111iiai1ll IMPORTANT PHONE NUMBERS: 978-688-9533 ` Office of Community Dev. & Services 27 Charles Street, North Andover, MA 01845 978-688-9542 fax f r Ppm unity Development offices 9 8�5� 5 Bdil� epartment 9 88-9541 Zoning and of Appeals Office A.0 1 1 9 2004 PAGE 1 of 4 BOARD OF APPEALS North Andover Town Hall 120 Main Street (Temporary Town Hall — 400 Osgood Street) 978-688-9501 Town Clerk's Office 978-688-9566. Assessor's Office STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10) Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. Department. 118i11181tltlili06itl1i1li18tl11ia1661111111akii11tli1tl61Nil Ikill Ilitlltliii11IU1ilamI alkil algiliai1i181a1111a1611OIia1111tlI7161116tlii1681166116millullialiGsi1inglailalltllaalaallisli111$611611168/ii111iiai1ll IMPORTANT PHONE NUMBERS: 978-688-9533 ` Office of Community Dev. & Services 27 Charles Street, North Andover, MA 01845 978-688-9542 fax f r Ppm unity Development offices 9 8�5� 5 Bdil� epartment 9 88-9541 Zoning and of Appeals Office A.0 1 1 9 2004 PAGE 1 of 4 BOARD OF APPEALS North Andover Town Hall 120 Main Street (Temporary Town Hall — 400 Osgood Street) 978-688-9501 Town Clerk's Office 978-688-9566. Assessor's Office Nuts- i u-nu4 1 nu uj ,.14 rrl rifinjutiNbutr VHA lvu. a r n4 1 Do (uZ) r, u -j Rud 1,11 04 11:34a NOi TkI ANDOVER 9786866..942 p.4 Pag"a 3 01, 4 N();rfjj j4,mjj-0 lf.:R 2:0MjM(,; BOARD, OF AiaPEALs application for a'VARIANCE C S. HA,,-�W4g Lot Lqi Aro.a 01.1,41 Sr'Me Petr m"it Lot Rea. Ft. Sil. t -I. Govzv3go (- t � L C -'c Y,�ir1� �_a/p .,l�A_ 6 0, Piropo-oad Loi{:t,: Lot Asir, 0F#tx, ;-cp.acrs t'a4v<?rit L.rd sq. rt. ,i.j. rt. Cvior. Frontzige Parking Fl—t SPA= o S� rroMage Parking Frontage Partdng FC -1--l. Spaces t7, 1). RotpAi'Gd LoL: (.1s toqui red I yZonirxF rylaiw & Table 2) LotArmi Front Side A PtirWALat rroMage Parking Coutaraoo Fent soces 20 7A. Vxisting Dulldikig(s): Ground f.:tr.rr Nurnfu,-stet' 1-1c1131 t Total r:goaro fent. Roo.-; Sq -feet Minimurn Lot Setback Front Side A Si 8 Rear Y'76�1- Cc,A'Pm3 re-j,r, jf CAJ 10�, G,L' C,•'404j S- Minimum Lot Setback Front Side A Side 8 Roar Minimum Lot Softwk Front Side A Side S near Use of Building' °rk!"Tyerlm2 Irvin ttic,zontog Sylatw& Tablo 1, "State norther of units in bullding(S). ilk. Pl'opoytad Building(z): Oround Floor Nwnt of of t I. iGht :iryt. ja &i t r iaor s .. Ise00 Total Use of Sq. feet Building" res;NA Number of Unlue* Number of Units" �I *Reference Uses from tho zoning Bylaw 8 TAWe 1, "State number of units in building(s). 0. Pofiflws'.II ;and L: indownersigrtalture(s): l _vla,y appil, Won for a Vari:.nen shall W mad© on this form, vvblch is the official form of the Zoning Board of Appoa ls, Every apli6cutlon i hill ha feed wlch We Town Cktrk's df e, It shall bo the responsibility of the petitioner to furnish all supporting dri4ivn.:ni.Mi,.n with this applicLfian Thu dated copy of this application received by the Town Clerk or the 7.oning Board of Appeals dors. 0'ic applic&it fi'arn flits ror possibility. The petitioner Mail be responsible for nA expenses for ming and logul noft fic-Aioa- 17:711isro to cornply requircmc;nt% ns cited herein and In tie Zoning Board Rules and Regulations may re-.;Ot Ina (4. y <I a ! of th�ation_ a�oomplete. !-vpt? %,fff,i�r Yii1�Y G3 S t>rai'E";. - `/� �'�`�✓ i HUU-1y-eUU4 1t1U UJ;14 Yrl WKWUMUN NiA NU, y(b4(Ub(UJ r. Ue i'iuti tai 04 1 11 24,4 NORTH RNOCIV1-R PAGI<'-. 20 Ft 4 i~JOK01ANDOVER ZONING BOARD OF APPEALS ap F46ac'e 4ompletoall itenaI - io Wow' arrie, 'AMdress anal iiephone number. tnd the decision as entered above. 'v ritr, p► tii'nre::r :',hall ht; snler":d Cori the 1lagal notice, Name, Address, telephone number, and number of years under this 97000GS54.2 p.3 V,E MADSIF I4 UE fY i'i litation for a VARIAN AU10' i 2, ()Wni.rs of Land; 3. LovTNOV, of PPOPUIEY: () Zoning dist ct: b. /'a�s;r ,;scar:>: f,iap 1�ufT%her: _. of Number: ..� c, Registry of Dee&: Book Number: � Page Number: d,, ;ranitt!] Bylaw tinder which the pa'ttition for the Variance is made. *RQ1ec to t11c Zoning ftj(aw Dental and Plan RPuview Narrative form as supplied by the Building Commissioner. 6. Mrd r.,:Hbe -the' ai'lance request: w7 b ✓v11 i✓(� �iL � 1 i:u a ?YJ R)3•iC/il}t:t7t1 al,alt 173 WAM fv)r t1k) GurpaJa of the It4191 notioo and ductclom w Moro do allod deecelptlon is required punwant to the 2'04,q 110.4-11 A111Wr A(ld FlagWei ionv as eatmcl on pave 4, seOat► 9 of this application. Fallms by the applicant 10 dattv%Q the requoet d6ae9y ar y result by q Jarinloro that dotrx out addreta than!Mord of tho amilcant. The decluion will be limited to the requast by the applicant and will not Irw vu N411,191opra1 hom s not Incdydod r bone. 6 A. j)itff0vahCtj if•om Zoltirtg Y3ylaw rrequirements: indicate the dimension(s) that will not meet Carron! Zooiln±l Bylawfif;'quirern+tt,ts. (Ones R and Bare in Case Of,' Iot split) Etat Af ii a 0p+'!n SP3cxa Frontage Parking Sri. 51 Sq. 1•11. Coverage reet Spaces Front Side A Side 8 Rear �� IJtJ (�4 SQt�'•� Pd"d�p(�C'.� � ��t� rr��j,,��^� Q,np,'L .Si'or �'l �':�(�,�� Ldi O.v>�. Gv�,Yr•Zln'� �'r� e.�;,n�cHS(c>�f)� YerCt✓.i`�d�.Ge7�• . fJ o v fvi P" -c- 60—)n ( DNa eTM �M •° ` Zoning Bylaw Review Form r Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9546 Fax 978-688-9542 Street: 17 G t e a , oN ,P©A 7) /Lot: D licant: I 1 � PNS N ti uest 3RD DRl01WA o LKiSPlu6 ('o.+r.•,vv Y�RivLw� IV te: Item urease De aavisea tnat atter review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning /?—/ Items Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Item Notes Common Drivewav Special Permit Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting y- S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage Ile S 4 Insufficient Information 4 1 Insufficient Information B Use 5 1 No access over Frontage 1 I Allowed G Contiguous Building Area Not Allowed 1 Insufficient Area 3 Use Preexisting2 Complies r S 4 ISetb2 Special Permit Required e s 3 PreexistingCBA 5 Insufficient Information 4 Insufficient Information C ack HBuilding Height 1 All setbacks comply e 5 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 1 Left Side Insufficient 3 Preexisting Height. 4 Right Side Insufficient 4 Insufficient Information c f e.5 5 Rear Insufficient 1 Building Coverage 6 Preexistingsetbacks 1 Coverage exceeds maximum 7 D Insufficient Information Watershed 2 3 Coverage Complies Coverage Preexisting y r s 13 in Watershed 4 Insufficient Information 2 In Watershed y �e S J sign rNot Lot prior to 10/24/94 1 Si n 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 if c S 2 Parking Complies Y S 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is charkad haln— hem S S ial Permits Planning Board Items 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 Drivewav Special Permit Hei ht Variance Cc a0he Housing Special Permit Continuing Care Retirement Special Permit Inde endent Etderl Housing Special Permit Large Estate Condo Special Permit Planned Develo ment District Special Permit Planned Residential Special Permit R-6 Density Special Permit Variance Special Permits Zoning Board Special Permit Non -Conforming Use ZBA Earth Removal Special Permit ZBA Special Permit Use not Listed but Similar Special Permit for Sign Special permit for preexisting nonconformin 43-1 i Watershed Special Permit The above review and attached explanehon of such is based on rhe plans and infomhabon subrnit ed. No definitive review and or advice shall be basad on verbal e>�lanattons by the applicant nor shall such verbal by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading lnfommdon, 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 Deparbnent. The attached document OW •per Review Naft We' shall be attached hereto and inomporated by referanm- The building department will retain all herein application form and begin the P documentetiwn for the above tile. You must file anew pemntt pemnittirng Pte. � 1`� /ao cy gay ) Buriding Department Official Signavo Application Received Application mien 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: r u 21,d C�— a,,4TeR Se/.3 /d Conservation •wq 41 y'hPl,q tinJi Planning Historical Commission Other Building —Department f3� (.O�rtioa7 �/P/Ufur.a S P�e.ld/ �n�s,�� iS "all of h )'Ae- Dr, yrU -4 �malRcP m� � PA-P�1/S . Z0 IJ / ti 73 141+/ Referred To: Fire Heafth Police Zoning Board Conservation rtment of Public Works Planning Historical Commission Other Building —Department muu- i u-euu4 1 nu ua • i o rn rlrucn,lunrloun r nn fru, a 1041 cu t ua F, U4 COMMONWBA171f OF MASSACHUSETTS "GOWN OF NORT[I ANDO'VE,k ZONING BOARD OV APPEALS M1r;hX()RA.NUt1M IN SUI'1'011'1' C)1 Al'PI.IC'A'Y'ION N`0R VARIANCE Politioncr: Riclmrd A1710r1C 111-operly: 1 789 Groat Pond Rood, Map 35, Lot 40 Dito: August 19, 2004 1, Propose'd,.uselConstructiou The Property is cnrrcntly a pre-existing,11011-conforming, single; -family building lot uncic•r Mass.Gcn.Laws. c. 40A, s. 6 and North Andover 7,onillg Jlylaw Section 7.8.1. Tlic Applicant proposes to construct a new, single-family residence on the prop rly, in Compliance with current set back requirements. In order to minimize disturbance of the property and any potential, negative impact within the watersbcd protection overlay district and, tit the urging of the North Andover f 'maim; TWard, Mr. Anlonc proposes to utilize an existing common driveway loc:clod on ills Properly which currently serves two, existing honks on abutling, lots. Uniolle circullislance related to sham., sail ur tunonrynh Thu primary pllysical characteristic of the Property is the fairly -steed slope betwl;A:n its road front' -we and its plateau -like buildable area and the presence of an cxistillg driveway oil the fropctiy. The combimilion of these conditions is 1-luitq n1111sual in both the district and Town, particularly for a valid but uncicvelopcd building lot. 'Chew circums12nccs present a unique opportunity to 11111111i1iZC diStlirbance of the Property and 1-o provide more cflicient devclopmem of the access to the Proporty and its buildable arca. 'These circumstances cloarly rclato directly to the. topography of Iho Property. III, 1110silip Tlic Applic-ant would incur' SUbstmitial and unnu dad hardship in the develop11lcnl n(' i'rclllcrty if the requested variance were not granted. Specifically, the oxicllt a ll CO, --t 0t' c011�,U•ucting r1 wholly new driveway serving oil Iy this Property would be subst:.1111ially incrcasccl i f the existing,; driveway were 1101 u1iliZCL1. F'-V411.w nrirslgmo+iz, Riclimri !03.757 1789 Grcat pond RdUa nddcndum•dor (TUU— t U-eUU4 l nU UJ : I o rrt MKWUHMUN VHA IVU. d 1 tj4 f ot) f U3 r. uo W. 1JOR11'.1111r Relief ivilhout substatithil detriment to public good 'f lie relief reTlestrd is entirely consistent with the public good slid the overall intont of' (lie Zoning Bylaw. Specifically, temporary disturbtnlce and penllatlent paved areas wilt be reduced by [lie u►ilizatioll of the existing driveway. Although technically in excess of the two residence limitatioal apparently imposed by Section 2.30.1, (lie proposed utiliralioat ol'the existing driveway is entirely contiistc.nt with the Boal. of minimizing potenlial, negative impacts 111 the watershed prottctit»1 overlay district. 1'lic Applicant has an application currently p nding with the'1'own's Planning Board for a special permit for its work within the overlay dig trict and socks this variance in order to provide the Planning Hoard With an dovelopmeal altermitivc that would exceed the rcyuirements oftlie Bylaw ill thc; arca u I'watomlied protection. This is possiblO with file gr�nit of the rCLluest4d variance 4,11lowing 1110 uUlii<ltion of the existing driveway. F W1 w•0(11aV\rrono, IIuJI-11 iiO3.7571789 Creat Pond RdW)a addtAum.doc Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, Date 8/24/2004 Page 1 of This certifies that then es appearing on the recor s of the As a sors Office as of Certified by. c ate Z 0� I abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 35 40 Richard Arnone 1789 Great Pond Road North Andover, MA 01845 mailing address: 220 Broadway Suite 10.1 Lynnfield, MA 01940 Abutters Properties Map Parcel Name Address 35 3 Linda Desmond UI 775 Great Pond Rd North Andover, MA 01845 35 4, Sophie Haphey )/0 Great Pond Rd North Andover, MA 01845 mailing address: 1159 Osgood Street North Andover, MA. 01845 35 1-1 Mary Ellen Dolloff %X815 Great Pond Rd North Andover, MA 01845 35 30 Contemporary Builders, Inc.L WGreat Pond Rd North Andover, MA 01845 mailing address. 200 Park Street North Reading, MA 01864 35 38 Sophie Haphey )VIA�O Great Pond Rd North Andover, MA 01845 mailing address: 1159 Osgood Street North Andover, MA 01845 35 39 Thomas Sarre V4779 Great Pond Rd North Andover, MA 01845 35 43 Judith Minicucci V1785 Great Pond Rd North Andover, MA 01845 35 81 Timothy Lacourse 183 French Farm Rd North Andover, MA 01845 35 82 Shing Pun Ng l/171 French Farm Rd North Andover, MA 01845 35 83 Nicholas Koskores 159 French Farm Rd North Andover, MA 01845 35 84 Daniel & Katherine Grondin L>47 French Farm Rd North Andover, MA 01845 35 85 Masood Sheikh \Y35 French Farm Rd North Andover, MA 01845 35 86 Philip Dibenedetto v123 French Farm Rd North Andover, MA 01845 35 87 John Ferguson 111 French Farm Rd North Andover, MA 01845 Date 8/24/2004 Page 1 of This certifies that then es appearing on the recor s of the As a sors Office as of Certified by. c ate Z 0� I PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. 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. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretaryat least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' I1) One (1) Mylar. IIn Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on -the abutter's list for the decision mailing. 1111.13. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. 4 A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted.+ 7457 Date..,//.� >/U.... 3r '` TOWN OF NORTH ANDOVER ' PERMIT FOR GAS INSTALLATION ,SSACMuSE� 4� This certifies that . /w/.--�...... . has permission for gas installation ... c. in the buildings of . ....................... at Ck .�l,North Andover, Mass. Fee. !a Lic. No.. .J 3.`./. . ..... GAS INSPECTOR Check # S L NMAS5ACMMMUM-O&1VIAPPLICATONFORPEI2MUTODOGAS FfMNG (Type -or -print) Date NORTH AMOVER 11ASSACIHUSETTS BuilcLinnLo�ations . I _l_ � f{ . LTic�/�T" ��n�/ _ U 111 C 2 ✓1 1_ p r �,��/ Lo— wner a t�tnme New RenovationEl Repki emcnt . H. FLOG H. FLOO (Print at Permit # Amount Plans,Submitted H m ._ H � .0 Artrtraee LftG LJ1,3oS'oe Roeb ec • one: Certificate Installing Company IffCorp. ,Partner.. ,Fjrm%Co:. Name of Licensed Plumber.'or Gas Fitter INSURANCE COVERAGE Check'o I have u current liability insurance policy or.i.t's substantial equivalent. yes If you have checked yes, .please ind . theaype coverage byChecking the appropriate box: No® Liability insurance policy Other type of indemnity Bond Owner's Insurance Waver: 'I am aware that -the licensee does not have the`' surnnce coverage required by Chapter 142 of the :Mass. General Laws, and that,nlyAgnature od this hennitapplication waives this requirement: �. Check one: Signature of Owner or Owner's Agent Owner Agent hereby certify that all of the details and information -1 hicvn submitwd (or entered 'ill above ;application tare true and accurate to the- best a mt knowledge and that.ill plumbing work and installatiuni, Performed underPerinit Issued for this application will be in compliance.iyith all pertinent provisions of.the Mas twits S ate.cj'A�c-indropier 142 of the General Laws. By: 'Signatum of.Licensed Plumber OrGas F` Title,, Plumber Cit y,'i'own 0 Gas'Fttteracc:nsei urn er 0Master APPROVED tomcE usE o.-&) urneytrinn