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North Andover, Zoning 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 9th day of October,
2001 at 7:30 PM to all parties interested in the appeal of Frank I Ragonese, 1939 Great
Pond Road, North Andover, MA requesting a dimensional Variance(within the
Watershed) from the requirements of Section 7, Paragraph 7.1, 7.2 & 7.3 of Table 2 for
relief of lot area, street frontage, left side setback in order to replace the existing dwelling
with a new dwelling.
Petitioner is requesting a Special Permit from Section 9,Paragraph 9.1 &9.2 for the
extension of a pre-existing non-conforming lot in order to raze a pre-existing non-
conforming structure and re-construct a new single-family dwelling.
Said premises affected is property with frontage on the North-East 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 Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William I Sullivan, Chairman
Published in the Eagle Tribune on September 25, and October 2, 2001.
Review date:
Legalnotice 2001/29
dam.
Fax—Transmission
TO: 7�f=
FAX Number: �02--
FROM:
Town of No Andover
Zoning Board of Appeals
FAX: #978-688-9542
PHONE: #978-688-9541
DATE:
SUBJECT:
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 at 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 newspaper within the required deadline will
mean that you will not be able to be placed on the ZBA agenda for the
upcoming meeting. The direct dial phone number of the legal notice
department of the Lawrence Eagle Tribune is 978-946-2412; the address is
100 Turnpike Street, North Andover, MA.
Please be reminded that it is your responsibility to mail a copy of the
legal notice to each abutter via certified mail. You are required to
complete the mailing of the legal notice at least 14 days prior the ZBA
meeting. You are also required to bring proof of the certified mailing to
the office of the ZBA Secretary as-soon-as you have completed the
mailing; failure to do so will mean that you will not be placed on the ZBA
agenda. Thank you.
Ml/LegalNotice
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Town of Nort 1 Andover N°R #1 ' Ff-;�1
Office of the Zoning Board of Appeals
44 °
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
SnC US
D. Robert 1` Telephone (978) 688-9541
Building Co) Fax (978)688-9542
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11/16!01 to
- —ION: 027-2001
-( — LING: 11/13/2001 (continued
-- - �
10/09/01 &10/16/01)
The NMing on Tuesday,November 13,2001 at
7:30 elk e ae--W'' 1,North Andover,MA requesting a
areadimer �� �—^7.2& 7.3 of Table 2, for relief of lot
--�_ �_��. with a new dwelling and for a Special
Perini on-conforming structure and re-construct
a new— ( !r'
The I----
Mcfu Zobert Ford,John Pallone, &Ellen
/
Upor //� voted to GRANT a dimensional
Variooe
�y F/JP/EM.
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Laa CXr 'aragraph 9.2 of the zoning bylaw and that
sucl'
The 1tal than the existing structure to the
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Fur `in one(1)year of the date of the grant, it
Board of Appeals,
William J. SuP-ivan, airman
Decision2001-U27
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
llkyh-q - 4'V.A"– Oa&4 10 Z�ar(�:
Town of Nort It Andover No
Office of the Zoning Board of Appeals o
Community Development and Services Division t
27 Charles Street "A" r«
North Andover, Massacltiselts 01845 tc�y
SncNus
D. Robert Nicelta Telephone (978)688-954".1
Building Commissioner l Fax (978)688-9542
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Any appeal shall be filed Notice of Decision o m r'1
within(20)days ailer the Year 2001 N > c)
date of filing of this notice J r—>•<
rn o rn
in the office of the Town Clerk. Property at: 1939 Great Pond Road O;:a U'o
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6
NAME: Frank J.RagoneseN
DATE: .11/16/01 cn
[ADDRESS: 1939 Great.Pond Road PETITION: 027-2001
North Andover,MA 01845 HEARING: 11/13/2001 (continued
fi-om 10/09/01 &10/1 G/01)
The North Andover Board of Appeals field a public hearing at its regular meeting on Tuesday,November 13,2001 at
7:30 PM upon the application of Frank J. Ragonese, 1939 Great Pond Road, North Andover,MA requesting a
dimensional Variance(within the Watershed)from Section 7,.Paragraphs 7.1,7.2&7.3 of Table 2, for relief of lot
area,street frontage,left side setback in order to replace the existing dwelling with a new dwelling and for a Special
Permit from Section 9,Paragraphs 9.1 &9.2 in order to raze a pre-existing,.non-conforming structure and re-construct
a new single-family dwelling.
The following members were present: William J. Sullivan,Walter F. Soule,Robert Ford,John Pallone, &Ellen
Mchltyre,.
Upon a.motion made by John Pallone and 2"d by Walter F. Soule the Board voted to GRANT a dimensional
Variance for relief of 24.78' street frontage. Voting in favor: WJS/WFS/RF/JP/EM.
The Board finds that the applicant has satisfied the provisions of Section 9 Paragraph 9.2 of the zoning bylaw and that
such change, extension or alteration shall not be substantially more detrimental than the existing structure to the
neighborhood.
Furthermore, if the rights authorized by the Variance are not exercised within one(I)year of the date of the grant, it
shall lapse, and may be re-established only after notice,and a new hearing.
Board of Appeals,
Decision2001027 William J. Su ivan, Chairman
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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Registry of Deeds
Northern District of Essex Courtv
wrence, MA 01840
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TOWN OF NORTH ANDOVER SPECIAL PERMIT
ZONING BOARD OF APPEALS
PROCEDURE:
and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND
for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
a SPECIAL PERMIT the applicant for a hearing date and prepares the legal
Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters) and
be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
prior to the first public hearing. Failure to submit cost of the Party in Interest fee.
the required information within the time periods
prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO
Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE:
The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office
requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal
Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication.
are underlined will be completed by the Town
STEP 1:ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING
The petitioner applies for a Building Permit and BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
receivers a Permit Denial form completed by the
Building Commissioner. represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner, the Board shall decide on the matter by using
Petitioner completes an application form to petition the the information it has otherwise received.
Board of Appeals for a Special Permit. All information
as required in items 1 through and including 11 shall be STEP 9: DECISION:
completed. After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts
Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17,within twenty (20)days
cited in item 10 page 4 of this form. after the decision is filed with the Town Clerk.
STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION
Petitioner submits one (1) original of all the required PLANS.
information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of
The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex
certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence
copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of
Appeals secretary. Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
PAGE 4 OF Application for a SPECIAL PERMIT
9. WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN:
detail all facts relied upon. This is required in the case
of a Special Permit when the following points, based on A. Site Orientation shall include:
MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 1. North point
2
and P 9.2 Special Permit Granting Authority shall be clearly zoning district (s)
identified and factually supported: Addressing each of the 3. names of streets
below points individually is required with this 4. wetlands to be shown on plan (if applicable)
application. 5. abutters of property,within 300 foot radius
6. location of buildings on adjacent properties within
1. The particular use proposed for the land or structure. 50'from applicants proposed structure
2. The specific site is an appropriate location for such 7. deed restrictions, easements
use, structure or condition. B. Legend &Graphic Aids:
3. There will be no nuisance or serious hazard to 1. Proposed features in solid lines&outlined in red
vehicles or pedestrians. 2. Existing features to be removed in dashed lines
4. Adequate and appropriate facilities will be provided for 3. Graphic Scales
the proper operation of the proposed use. 4• Date of Plan
S. The use is in harmony with the purpose and intent of 5. Title of Plan
the zoning by-law. 6. Names addresses and phone numbers of the
6. Specific reference and response to the criteria applicant, owner of record, and designer or
required by the particular special permit for which this surveyor.
application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS:
Permit respond to criteria and submittal
requirements). Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
10. Plan of Land topographic information. A set of building elevation and
Each application to the Zoning Board of Appeals shall be interior of building plans will be required when the
accompanied by the following described plan. Plans must application involves new construction/conversion and/or a
be submitted with this application to the Town Clerk's proposed change in use. Elevation plans for minor
Office and ZBA secretary at least thirty(30) days prior to Projects including decks, sheds,&garages shall be
included with a side view depicted on the plot plan,
the public hearing before the Zoning Board of Appeals.
which include a ground level elevation
10 A. Major Projects 11. APPLICATION FILING FEES
Major projects are those which involve one of the following A Notification Fees: Applicant is to send by certified
whether existing or proposed: a)five or more parking
spaces, b)three or more dwelling units, and mail all legal notices to all abutters, and then
c) 2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is
Minor projects that are less than the above limits shall to supply stamps (appropriate current postage)for
require only the plan information as indicated with mailing of decisions to all parties of interest as
identified in MGLA ch. 40A in sec. 11 as listed on the
asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of
required. stamps.
B. Applicant is to supply one(1)set of addressed
10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail
a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest.
11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application.
b) Plan prepared by a Registered Professional Engineer
and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse
signatures and date on mylar. in two (2)years if not exercised and a new petition
must be submitted.
PAGE 2 OF 4 Date&Time
RETGtLTED
JOYCE BRADSHAW Application for a SPECIAL PERMIT
TQW.N CL Rk(
P NORTH AO'OVER ,
North ANDOVER ZONING BOARD OF APPEALS
.. - -- -
--�T
1. Petitioner: Name, address and telephone number:
rRpNk 1 RAGonit—S6 g7E-- 75y- yy4.1
/ 93 9 &A6-AT -pONp 20 /4--P - ( ��j ?z&�
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
d s /
Years Owned Land: /41
3. Location of Property:
a. Street: G a c z"t- R d Zoning District 1
b. Assessors: Map number -3 S Lot Number: S S
c. Registry of Deeds: Book Number. ::5-0 6 5 Page Number: 3 0 7
4. By-Law Sections under which the petition for the Special Permit is made.
�.
13 (o W L- e rt s A cc/ PL-o 7-e c- o ff s�'z c t
S9 9.1 9- a
*Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
Ind C e"V' 5 ma 5 1C 'i'aw. ' d.w C !! '.1 N ✓�G J LC
A ricW -.5 -A
*The above description shall be used for the purpose of the legal notice and decision. A more detailed description is
required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.
Page 3 of-4
n,. . . ._
Application for a SPECIAL PERMIT
NORTH ANDOVER ZONING BOARD OF APPEALS
6.a Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back"
Sq. Ft. So. Ft. Coverage Feet Spaces Front Side A Side B Rear
yy_ ��� Bio / so z iso i7 //s X00
%
b. Proposed Lot(S):
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back•
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
,�-
% "i,- -33 7 S
o�
c. Required Lot: (As required by Zoning By-Law)
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back•
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
,F 7., o % 175 30 30 3'0 3 0
7. a. Existing Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Building" of Units
900
7 b� 2tz d
"Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building.
B. Proposed Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building" n of Units
'Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of
Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to
fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk
or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited
herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application
as incomplete.
Signature
Type above name W here FIZA N K T rZ A G o N ES C_
TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND
be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE:
hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules
within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal
dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and
incomplete. for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
The information herein is an abstract of more specific cost of the Party in Interest fee.
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO
are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and receives notice to the local newspaper for publication.
a Permit Denial form completed by the Building
Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petitioner, the Board shall decide on the matter by using
completed. the information it has otherwise received.
Step 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be
cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty(20) days
Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk.
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION
certifying the time and date of filing. The remaining ten PLANS.
copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of
Appeals secretary. the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of
Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of
information, the petitioner requests from the Assessors Appeals and the Building Department Office.
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
PAGE 4 OF 4 VARIANCE
9. WRITTEN DOCUMENTATION
Application for a variance must be supported by a legibly written or
Wed memorandum setting forth in detail all facts relied upon. When
requesting a variance from the requirements of MGLA ch.40A, Sec. 10 C. FEATURES TO BE INDICATED ON PLAN:
10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shalt include:
shall be clearly identified and factually supported and addressing 1. North point
each of the following points individually is required with this 2. zoning district (s)
application. 3. names of streets
4. wetlands to be shown on plan (if applicable)
A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius
B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within
topography of such land or structures especially 50'from applicants proposed structure
affecting the property for which the variance is sought 7. deed restrictions, easements
which do not affect generally the zoning district in B. Legend &Graphic Aids:
which the property is located. 1. Proposed features in solid lines&outlined in red
C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines
financial or otherwise, which results from literal 3. Graphic Scales
enforcement of the applicable zoning restrictions with 4. Date of Plan
respect to the land or building for which the variance 5. Title of Plan
is sought. 6. Names/addresses/phone numbers of the
D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or
will be desirable and without substantial detriment to surveyor.
the public good.
E. Facts relied upon to support a finding that relief sought 10D-
0D. FURTHER REQUIREMENTS:
may be given without nullifying or substantially Major Projects shall require that in addition to the above
derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and
bylaw. topographic information. A set of building elevation and
F. Submit RDA from Conservation Commission when interior of building plans shall be required when the
Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or
application. a proposed change in use. Elevation plans for minor
projects including decks, sheds,&garages shall be
10. Plan of Land included with a side view depicted on the plot plan,
Each application to the Zoning Board of Appeals shall be which includes a ground level elevation.
accompanied by the following described plan. Plans must
be submitted with this application to the Town Cleric's 11. APPLICATION FILING FEES
Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by
the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
10 A. Major Projects Applicant is to supply stamps(appropriate
Major projects are those which involve one of the following current postage)for mailing of decisions to all
whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A,
spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary
c) 2000 square feet or more of building area. will compute number of stamps.
Minor projects that are less than the above limits shall B. Applicant is to supply one (1)set of addressed
require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail
asterisks (*). In some cases further information may be decisions to abutters and parties in interest.
required C. Administrative fee of$50.00 per application.
10 B. Plan Specifications:
a) Size of plan: Ten (10) copies of a plan not to exceed
11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in
b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must
and/or Land Surveyor, with a block for five (5)ZBA be submitted.
signatures and date indicated on mylar.
Page 2 of 4
RECEIVED Application for a VARIANCE
:JOYCE BRAQSHAI
TWNC
ER
NOt°N ANDOVER
Zoning Board of Appeals
1. Petitio&:AGA, aid%glnd telephone number:
Ff2 A W T• fZ A & C> N E S E
/ 939 G2CAT -Pow➢ )Q J) 97 ?- 3 :6 - 603 tel,
/✓o Yc.7i-�, �}K �o e K-, M f9 • o y s 9 7 F -79Y-
'The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
sa� e z s #/ / 6 /cd•z s
Years Owned Land: /4
3. Location of Property:
a. Street: G A t 4 T Po W v R o A D Zoning District ►2 I
b. Assessors: Map number .a s Lot Number: -s"9
c. Registry of Deeds: Book Number So 6 5 Page Number: 3 o7
4. Zoning Sections under which the petition for the Variance is made.
S7 P 7. 3
o 4 107- z✓tcz �c l: c o S•r.t�e�
'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
Z0 r-L'dH e z 1 . VitC's C 4C k ; PC M"� d�Zll
/ 75 foo* �K-o��`� � . x ;s77 �o� % 5 Y 4r— et.c." /S D �,o-f" .�,,�,, c.
'The above description shall be usg for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in
a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve
additional items not included above.
6a, Difference from Zoning By-Law requirements: indicate the dimensions that will not meet current
Zoning By-Law Requirements. (A and B are in the case of a lot split)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back'
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
B. %
I
Page 3 of 4 Application for a VARIANCE
Zoning Board of Appeals
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back`
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
c. Proposed Lot (S):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
Bio / o "" i ' 33 ' �
d. Required Lot: (As required by Zoning By-Law)
Lot Area Open Space Percent Lot Frontage Parking ` Minimum Lot set Back`
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
e7, iao % -25 — ,30' 30 , .3G' 30"
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
z z e e_14;s
*Reference Uses from the Zoning By-Law.State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building* r
*Reference Uses from the Zoning By-Law.State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with
the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this
application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and
Regulations may result in a dismissal by the Zoning Board of this application as incomplete.
Sicinature I. /
Type above name (s) here F R A N Ky• R 14 G 0 14 f 5 E'
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F OF PARTIES OF INTEREST PAGE OF
JECT PROPERTY
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Ando er
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VARIANCE
Town of North Andover
North Andover, Ma 01845
RE: Request for Variance; 1939 Great Pond Road
A. The particular use proposed for land or structure:
I am requesting a variance on the area and frontage requirement of my lot, for the
purpose of replacing the existing dwelling with a new dwelling. The new dwelling
will be used as my residence.
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.
The lot is rectangular in size and heavily wooded in the rear. It is in the watershed area
located across from Lake Cochichewick. It gradually rises to where the existing house is
situated. There are some wetlands in the rear of the property. On the easterly side lot
there is a ditch that is wet in the early spring. This is also designated as wetland.
Because of these designated wetlands, I had to move the proposed location of the new
dwelling closer to the lake to satisfy the North Andover Conservation Commission
requirements. The lot on the East Side and the lot on the West Side are both improved
with buildings, thus,preventing any purchase of land or additional frontage. Sewer
services my lot.
C. Facts which make up the substantial hardship, financial or otherwise, which
results from literal enforcement of the applicable zoning restrictions...
Recently the Town has redefined the requirements for RI land. Originally my zoning
requirements were for 150 ft. frontage and 1 acre minimum land area. The new
requirements are for 175 ft. frontage and 2 acre minimum land area. It is not possible for
me to acquire additional land as lots surrounding subject property are already developed.
The new dwelling is in the no disturbance zone where the existing house is also located.
D. Facts relied upon to support a finding that relief sought will be desirable and
without substantial detriment to the public good.
Trees surround my property on the West, North and East with the Lake across the Street
(South). The present house is very small and old, not consistent with other larger homes
on Great Pond Road. The new dwelling will be 33 ft. from the westerly side lot line. The
present house is 17 ft. from that lot line. The new dwelling will now comply with all the
set back requirements. The new dwelling will be an improvement to the neighborhood.
There will be no impact to my neighbors and they have supported my petition and spoken
at the conservation hearing on my behalf.
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 zoning
bylaw.
The existing house is in need of much maintenance and is shabby in appearance. The
new dwelling will replace an existing house and will now be in compliance to all the set
back requirements. The existing woods on three sides provide a natural buffer between
the houses.
F. Submit RDA from Conservation Commission when...
Not applicable.
SPECIAL PERMIT
1. The particular use for the land or structure.
The new dwelling will be used as my residence and will replace the existing dwelling.
2. The specific site is an appropriate location for such use, structure or condition.
The specific site is the only location on the lot that satisfies the North Andover
Conservation Commission's setbacks due to wetlands on the lot.
3. There will be no nuisance or serious hazard to vehicles or pedestrians.
There will be no change in use of the lot nor will there be any traffic change. The
existing and the new will be the same.
4. Adequate and appropriate facilities will be provided for the proper operation of
the proposed use.
The house is a residential dwelling and will remain as such.
5. The use is in harmony with the purpose and intent of the zoning by-law.
Single family residence is an acceptable use in an RI zone. The new dwelling will be a
single-family residence.
6. Specific reference and response to the criteria required by the particular special
permit for which this application is made (i.e. Earth Removal Special Permit
respond to criteria and submittal requirements).
An existing single family home will be razed and a new single family dwelling will be
constructed.
pORTH
Zoning Bylaw Denial
Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
r
Street: r3 >''
Map/Lot: 3.5-
Applicant:
.5Applicant: FFAwK 7;
Request:
Date: <;
Please be advised that after review of your Application and Plans that 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
2 Lot Area Preexisting cy S 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage y e_S
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
—
I Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting yF S 2 1 Complies
4 Special Permit Required yc 5 3 1 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient *i(,e S 2 Complies
3 Left Side Insufficient L(e S 3 Preexisting Height
4 Right Side Insufficient 3fLie S 4 Insufficient Information a��
5 Rear Insufficient `f S I Building Coverage
6 Preexisting setback(s) Ll e 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed Lle j Sign
3 Lot prior to 10/24/94 5, 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 a 5> 2 Parking Complies
3 Insufficient Information —F Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit C -2-5 Setback Variance
Access other than Frontage Special Permit —Parking Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Permit Special Permit Use not Listed but Similar
Planned Residential Special Permit Special Permit for Sign
R-6 Density Special Permit Ln_4 Special Permit preexisting nonconforming
a Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and
or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent
changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the
Building Department.The attached document titled'Plan Review Narrative"shall be attached hereto and incorporated herein
by reference. The building department will retain all plans and documentation for the above rile.You must File a new building
permit application form and begin the permitting process.
Building Department Official Signature
Applic6tion Received Applic6tion
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
Iti R4 �ellII a n Key „q
�y� y� �yyj� (yh'r. t�a��k�S�� is�s s 3 1 uR I -S� v k �• z,� � P �� �t
G�li�fill�Q 1 �i n n t t I / 2
yi_S/al ti 0 CU2/y11/![4i C-
oT iti
F'f C!"Lt`n/ �C) y�/� 2 t J r- /rJ YjJt•� A)e)Li_.
C���V IBEIL .( Cal-c1
1e Abli 1 C/&-eE /N
�e- zsiNf> 2/n
'20.A.) r— dvd it, i,v 77716 Z3(:, Yci` ? C. S
Referred To:
Fire Health
Policeonin Board
Co—ns ervaion t— Department of Public Works
PlanningHistorical Commission
OtherrBUILDING DEPT
Martha Madnnis o
Architectural Design
D
Residential New Construction • Additions • SEP 4 2001
i
August 31,2001
To Whom It May Concern:
Should the residence be constructed as shown on the drawing labeled"Front Elevation", it will be 33'-10"from
grade.
Sincerely,
Martha MacInnis
I
{
i.
t
58 Regent Avenue Bradford, MA 01835 • Phone/Fax 978.374.8719 Email i
mac01835@aol.com
G
Town of North Andover o� t►ORTp
Office of the Planning Department
Communis Development-and Services Division
27 Charles Street
North Andover Massachusetts 01845rep E�
Saci+us
Telephone(978) 688-9535
Fax(978)688-9542
,
Ni tiD cision
An eal shalLbe`filed s0�: OF�'L'` `
Y a
PP � -
Withm'20)days after the p
_ 7 2 02 C)—a
Date of filing this Notice , m M
,In the Office of the Town MAR} y z C-'
Clerk cn
J Qrncc
Date: March 5, 2002 0
Date of Hearing: January 2 2
g ary � 002
,Petitio>n.oh Frank J...Ragonese
Premises Affected: 1939 Great PondRoad North Andover,MA 01845
Referring to th above petition for"cial permit from the requirements of the North
Andom
ver Zong Bylaw Section 4.136:
So as to allow. 3�` the razing of an existing dwelling and construction of an approximate
1320 square.foot story wood.framed_dwelling within the Non-Disturbance Zone of the
Watershed_ Protection District.
After a public he ring given n the above date,the Planning Board voted'to APPROVE,
the Special Permit for WatehedProtection District,based upon the following conditions:
f
Signed: 141L
-''
J S' ns,Chairman
Cc: Applicant A erto Angles,Vice Chairman
Engineer Richard Nardelia,Clerk
Abutters Richard Rowen
=gDepartment
Gon Department
Health Department
ZBA
BOARD OF AP)PEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
t
f
1939 Great Pond Road .
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Frank J.
Ragonese, 1939 Great Pond Road,North Andover,MA 01845, submitted on December 18,
2001, requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the
razing of the existing dwelling and construction of an approximate 1320 square foot 2 story
wood framed dwelling in the Non-Disturbance Zone of the Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw,
as well as its specific criteria, are met. Specifically the Planning Board finds:
L That as a result of the proposed construction 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 lot is located in the Residential-1 Zoning District with a previous dwelling
in place.
b) The proposed dwelling will be connected to the Town sewer system; The
proposed-utility service will connect into existing services of the relocated
dwelling. Sewer,water,gas and electric services already exist on site.
c) A deed restriction will be placed limiting the types of fertilizers that can be used
on the site.
d) The topography of the site will not be altered substantially. A dwelling already
exist on site, thus the proposal will have no further impact on the watershed
district or create additional impervious area for access.
e) The limit of clearing is restricted to the minimum necessary to construct the
proposed dwelling. Also, haybales and silt fence will be placed for ensured
erosion control.
In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board
makes the following findings:
a) The specific site is .an appropriate location for the proposed use as all feasible
storm water and erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the lot is located in a
residential zone with an existing dwelling;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
1
d) Adequate and appropriate facilities are provided for the proper operation of the
proposed use;
e) The Planning Board also makes a specific finding that the use is in harmony with
the general purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the Planning Board approves this Special Permit based
upon the following conditions:
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
a) Plan titled: Town of North Andover
Watershed Special Permit Plan showing
Removal &Replacement of Residence at
1939 Great Pond Road
North Andover,MA 01945
Prepared for: Mr.Frank J.Ragonese
1939 Great Pond Road
North Andover,MA 01845
Prepared by: RES
Riverside Engineering Services
12 Maple Street
West Newbury,MA 01985
Scale: 1"=40'
Date: 12/10/01,revised 1/22/02
b) The Town Planner shall approve any changes made to these plans. Any changes
deemed substantial by the Town Planner would require a public hearing and
modification by the Planning Board.
2) Prior to Issuance of a Building Permit:
a) A performance guarantee of four thousand ($4000) dollars in the form 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.
2
f
b) The limit of work as shown on the plan by the erosion control line must be marked
in the field and must be reviewed and approved by the Town 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 approval 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.
e) All plans for the connection to the municipal sewer must be reviewed and approved
by the Division of Public Works. Proof of payment for any sewer mitigation fees
required by the Division of Public Works must be supplied to the Planning
Department.
f) A construction phasing plan and emergency response plan are required to be
provided to the Town Planner prior to any construction commencing.
g) A copy of the decision, recorded at the Registry of Deeds, must be provided to the
Planning Department.
3) Prior to a Certificate of Occupancy:
a) The use, or method of application of, any lawn care or garden product (fertilizer,
pesticide, herbicide) that may cdntribute to the degradation of the public water
supply are prohibited as sited in the Zoning Bylaw Section 4.136ciii. The
applicant shall incorporate this condition as a deed restriction; a copy of the
deed shall be submitted to the Town Planner and included in the file.
b) The structure must contain a residential.sprinkler system in conformance with the
North Andover Fire Department approved design.
4) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional
Engineer in Massachusetts that shows all construction, including storm water
mitigation trenches and other pertinent site features. This as-built plan shall be
submitted to the Town Planner for approval. The applicant must submit a
certification from the design engineer that the site was constructed 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.
3
1
5) 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.
6) No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8) The provisions of this conditional approval shall apply to and be binding upon the
applicant,it's employees and all successors and assigns in interest or control.
9) This permit shall be deemed to have lapsed after a two-(2)year period from the date,
March 5, 2002 on which the Special Permit was granted unless substantial use or
construction has commenced.
CC. Applicant
Engineer
File
4
Zoning Bylaw Denial
:2�yE.r ,••.6 QC
r Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
Phone 978=688-9545 Fax 978-688-9542
Street: 9't3 `j'
Map/Lot: 315- ..5--9
Applicant: FR.q&)K
Request: P/40N Mev.f
Date• 6 /.0/
Please be advised that after review of your Application and Plans that 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
2 Lot Area Preexisting 5 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage y e
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting ye S 2 Complies
4 Special Permit Required Yf S 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies
3 Left Side Insufficient LfS 3 Preexisting Height
4 Right Side Insufficient Lpe S 4 Insufficient Information
5 Rear Insufficient * y ---s I Building Coverage
6 Preexisting setback(s) C 5, 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed 4 Lje S j Sign - 1 z"
3 Lot prior to 10/24/94 .-*y CS 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 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
Item # Special Permits Planning Board Item # Variance
Site Plan Review Special Permit C Setback Variance
Access other than Fronta e Special Permit Parking Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conformina 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 Si n
R-6 Density Special Permit 3 Special Permit preexisting nonconforming
vZ- Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and
or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent
changes to the information submitted by the applicant shall.be grounds for this review to be voided at the discretion of the
Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein
by reference. The building department will retain all plans and documentation for the above rile.You must file a new building
permit application form and begin the permitting process.
.Ouilding Department Official Signature Appiio6tion Received Appli tion Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
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. .. h a i��'� of .:s t •E' � 3i sff.�7 e t�,..�t u 2� n ���xaz a,:1v{Z�'`#e v? r,,� � � � M d
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o r �v
der �-J j 2 Ij Lot,,e t�, VI s t A N 0"V
lr S 1� /�l✓�' u rY c).N
-17
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ts
Referred To:
Fire Health
Conservation
Police onin Board
De artment of Public Works
PlanningHistorical Commission
Other BUILDING DEPT