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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS i
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Department of Public Works, 384 Osgood St., North Andover, MA on Tuesday the f
10th day of February, 1998, at 7:30 PM to all parties interested in the appeal of
Robert& Sara Schwartz, 234 Brentwood Circle, North Andover, MA requesting a
Variance from the requirements of Section 4.136, Paragraph (3)-(c); & (iii)-(3);(1996) E
(Non-Disturbance Buffer Zone) for the construction of an addition, of Table 2 of the
Zoning Bylaws.
Sclid premises are property with frontage on the West side of 234 Brentwood Circle,
�khich is in the R-1 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
�I
i
Published in the Eagle Tribune on 1/27/98 & 2/3/98
f
Aegalnov/3 LEGAL NOTICE I LEGAL Nd-T-11d i I
TOWN OF NORTH ANDOVER
MASSACHUSETTS .
BOARD OF APPEALS _ Appeals
V+1
Notice is hereby given that the Board of App
hold a public hearing at the Department of Publid
Works,384 Osgood St.,North Ando1998,vat 30 PMMA on Tt eaa
day the 10th day of February,al of.Rob30 M .i
parties interested,
in the apps
Schwartz,234 Or circle,North Anovey MA°,`a
requesting a Vidance from the requiPemeMs of s, . 1
4.136, Paragraph (3)-(6)t A(Ili)-(3);(1996),(Non•DistuK
bance Buffer Zone)for the construction of an addition,
Table 2 of the Zoning Bylaws.with frontage on the We .
Said premises are property
side of 234 Brentwood Circle,which is in the R 1 Zorlp.
Ing District. . 3 t
Plans are available for review at`the Office of th@ .
Building Dept-.Town Hall,120 Main Streets
By Order of the Board of App4l9r'+ j
Wltlfam J.Sullivan,Chdlrmah
`'�`
E•T—January'27;Fetinl8ry 3,1<J96 �.
I,
OF WORTH 9ti
O
I
y i r
w r
09
2,4SSAc HUSEI
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Department of Public Works, 384 Osgood St., North Andover, MA on Tuesday the
10th day of February, 1998, at 7:30 PM to all parties interested in the appeal of
Robert & Sara Schwartz, 234 Brentwood Circle, North Andover, MA requesting a
Variance from the requirements of Section 4.136, Paragraph (3)-(c); & (iii)-(3);(1996)
(Non-Disturbance Buffer Zone) for the construction of an addition, of Table 2 of the
Zoning Bylaws.
Sdid premises are property with frontage on the West side of 234 Brentwood Circle,
which is in the R-1 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 1/27/98 & 2/3/98
/legalnov/3 t-E_(aAt'NOTICE I t-EG NOTICE
—
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will
hold a pubilc hearing at the Department of Public
Works,384 Osgood St.,North Andover,MA on Tues-
day the 10th day of February,1998,at 7:30 PM to all
parties interested in the appeal of Robert & Sara
Schwartz,234 Brentwood Circle,North Anover,MA
requesting a Variance tr &thereukeeent SD stion
raph
4.136, Parag (3)-( ); (iii)-(3);(1996) Non
bance Buffer Zone)for the construction of an addition,of
Table 2 of the Zoning Bylaws.
Said premises are property with frontage on the Wesi
side of 234 Brentwood Cucle,which is in the R-1 Zori-
ing District.
Plans are available for review at the Office of the
Building Dept
•,Town Hall,120 Main Street.
J� By Order of the Board of Appeals,
William J.Sullivan,Chairman
E-T—January 27;February 3,1998
Z OLA
OT NOATN ,
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oi� rl�Lll4L�
:= JOYCE l:ucrr Ajy
Tow/4 01.F, X
,SS4GHUSE�t NORTH ANDOVER
TOWN OF NORTH ANDOVER FEB I I 12 59
(fECISION
SETTS
PPEALS
Any appeal shall be filed
withln(20)days after the
date of filing of this notice
In the office of the Town Clerk.
PROPERTY: 234 Brentwood Circle, North Andover, MA
NAME: Robert& Sara Schwartz DATE: 2/11/98
ADDRESS: 234 Brentwood Circle PETITION: 002-98
North Andover, MA 01845 HEARING: 2/10/98
The Board of Appeals held a regular meeting on Tuesday evening, February 10, 1998 upon
the application of Robert& Sara Schwartz, requesting a Special Permit under Section 4.136,
Paragraph (3)-(c); & (iii)-(3); (1996) (non-Disturbance Buffer Zone) for construction of an
addition, of Table 2, of the Zoning Bylaws which is in R-1 Zoning District.
The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott
Karpinski, Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 1127/98 & 2/3/98, and all abutters
were notified by regular mail.
Upon a motion made by Robert Ford and seconded by John Pallone, the Board of Appeals
unanimously voted to GRANT a Special Permit pursuant to use requirements of Section
4.136, paragraph (3)-(c); & (iii)-(3); (1996) to construct a proposed addition of 6 sq. ft. and 18
sq. ft. and to come within 100 sq. ft. of a non-Disturbance Buffer Zone, finding that the
construction is less than 25% floor area of the existing structure. Refer to the Topographic
Plan of Land dated 1/12/98 and revised 1/14/98 by Merrimack Engineering Sen(ices. Voting in
favor. Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre.
The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of these variances will not adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Note: The granting of the Variance and/or Special Permit as requested by the applicant does not
necessarily ensure the granting of a Building permit as the applicant must abide by all applicable
local,state and federal and building codes and regulations, prior to the issuance of a building
permit as requested by the Building Commission.
I
BOARD OF APPEALS i
i
(deme Walter F. Soule, acting Chairman i
I
i
I
0' %"" \
JOYGE f;f�r:�;..iAW
• , ,". • TOWN r.i;n
Any appeal shall be filed �,`°,...o���•s�y NORTH ANDOVER
$A E
within (20) da, after the CMU
d4te-cf filing or this Notice TOWN OF NORTH ANDOVE�U L� 19 AM '51
in, the 0i4ice of. the Town MASSACHUSETTS
Clark.
BOARD OF APPEALS
NOTICE OF DECISION
234 Brentwood Circle
NAME: Robert & Sara Schwartz DATE: 10/20/97
ADDRESS: 234 Brentwood Circle PETITION: 034-97
North Andover, MA 01845 HEARING: 10/14/97
The Board of Appeals held a regular meeting on Tuesday evening, October 14, 1997 upon the
application of Robert& Sara Schwartz, requesting a Variance from Section 7, paragraph 7.3
for relief of a side setback in Table 2. Said premises is land and building located on the West
side of 234 Brentwood Circle, which is in the R-1 Zoning District.
The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio,
John Pallone, Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 9/30/97 and 10/6/97, and all abutters
were notified by regular mail.
Upon a motion made by Raymond Vivenzio and seconded by Walter Soule, the Board of
Appeals unanimously voted to GRANT relief of a side setback of 5.4 feet for the new addition
to the house, and the existing garage side setback relief to be 4.2 feet from garage overhang
to the South side lot line on the condition that a new and corrected plan be submitted by Mr.
Schwartz with respect to the existing garage. Voting in favor: William J.Sullivan, Walter F.
Soule, Raymond Vivenzio, John Pallone, Ellen McIntyre.
The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw
and that the granting of these variances will not adversely affect the neighborhood or derogate
from the intent and purpose of the Zoning Bylaw.
Note: The granting of the Variance and/or Special Permit as requested by the applicant
does not necessarily ensure the granting of a Building permit as the applicant must abide
by all applicable local, state and federal and building codes and regulations, prior to the
issuance of a building permit as requested by the Building Commission.
BOARD OF APPEALS
_Jd11di
Jdecoct
William J. ullivan, Chairman
1 MORth
t
' JOYCE PPAC yNAW
+.-'•..,,e... ty TOWN CI.P;:K
SA NORTH
NORTH ANDOVER
TOWN OF NORTH ANDOVER FEB I 12 sq r '�s
MASSACHUSETTS
BOARD OF APPEALS
Any sppeet 9he0 be filed
�Rhh1(20r.1 days ager the
date or ming of this notkx
M offl"df TMn Clerk. NOTICE OF DECISION
PROPERTY: 234 Brentwood Circle, North Andover, MA
NAME: Robert& Sara Schwartz DATE: 2/11/98
ADDRESS: 234 Brentwood Circle PETITION: 002-98
North Andover, MA 01845 HEARING: 2/10/98
The Board of Appeals held a regular meeting on Tuesday evening, February 10, 1998 upon
the application of Robert& Sara Schwartz, requesting a Special Permit under Section 4.136,
paragraph (3)-(c); & (iii)-(3); (1996) (non-Disturbance Buffer Zone) for construction of an
addition, of Table 2, of the Zoning Bylaws which is in R-1 Zoning District.
The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott
Karpinski, Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 1/27/98 & 2/3/98, and all abutters
were notified by regular mail.
Upon a motion made by Robert Ford and seconded by John Pallone, the Board of Appeals
unanimously voted to GRANT a Special Permit pursuant to use requirements of Section
4.136, paragraph (3)-(c); & (iii)-(3); (1996) to construct a proposed addition of 6 sq. ft. and 18
Sq. ft. and to come within 100 sq. ft. of a non Disturbance Buffer Zone, finding that the
Construction is less than 25% floor area of the existing structure. Refer to the Topographic
• Plan of Land dated 1/12/98 and revised 1/14/98 by Merrimack Engineering Services. Voting in
favor Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre.
The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of these variances will not adversely affect the neighborhood or derogate from the intent and
Purpose of the Zoning Bylaw.
Note. The granting of the Variance and/or Special Permit as requested by the applicant does not
mecessadly ensure the granting of a Building permit as the applicant must abide by all applicable
local,state and federal and building codes and regulations, prior to the issuance of a building
Permit as requested by the Building Commission.
BOARD OF APPEALS
roecoett) Walter F. Soule, acting Chairman
Robert G. Schwartz, Jr.
234 Brentwood Circle
North Andover, Massachusetts 01845
(978) 686-2838
January 23, 1998
Zoning Board of Appeals
Town of North Andover
Attn: Mary Ippolito
124 Main Street
North Andover, MA 01845
Re: Application for Variance from Zoning Bylaws Section 4.136(3)(c)(iii)(3)for
234 Brentwood Circle,North Andover MA
Dear Mary:
Enclosed are addressed and stamped envelopes for each of the neighbors listed on the
certified abutters list for my application for a variance from Zoning Bylaws Section
4.136(3)(c)(iii)(3) (1996) (Non-Disturbance Buffer Zone)for the construction of an addition on
our home at 234 Brentwood Circle.
Please feel free to call me at(781)280-6158 with any questions or comments.
Very truly yours,
Robert G. Schwartz, Jr.
Town of North Andover Planning Board
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Please type or print clearly.
1. Petitioner:ROBERT AND SARA SCHWARTZ
Address: 234 BRENTWOOD CIRCLE
Telephone number: (978) 686-2838
2. Owners of the Land: (SAME)
Address:
Telephone number:
Number of years of ownership: 5.5 (SINCE JUNE 1992)
If applicant is not the owner, please state interest in property: N.A .
3. Request for a Special Permit under Section .436(3)� 4drth Andover Zoning
Bylawto construct a home addition partially within the
non-disturbance zone. See attached cover letter, which
describes the reasons for seeking this permit.
We are seeking a permit under Bylaws Sections .4�h(Sl( 1(iil
(non-disturbance zone) and 1 .436(3) (b) (ii) ((non-discharge
zone
4. Location of Property: 234 BRENTWOOD CIRCLE, N. ANDOVER
Zoning District: R—
Assessors: Map: 64 Lot#: 52
Registry of Deeds: Book#:: 4308 Page#::. 202
5. Existing Lot:
Lot Area(Sq.Ft.): 44,000 s.f Building Height: 2 stories (+25 ft)
Street Frontage: 150 ft Side Setbacks: 27 ft* (garage)
Front Setback: 93 .7 ft Rear Setback: 82 ft
Floor Area Ratio: Lot Coverage:
6. Proposed Lot (if applicable):
Lot Area(Sq.Ft.): SAME Building Height: SAME
Street Frontage: SAME Side Setbacks: 24 ft*
Front Setback: Rear Setback: 68 ft
Floor Area Ratio: Lot Coverage:
* Variance from 30' side setback requirement was approved by
the North Andover Zoning Board of Appeals in October 1997 and
was subsequently filed with the Registry of Deeds.
7. Required Lot (as required by Zoning Bylaw):
Lot Area (Sq.Ft.): 44,000 Building Height: 35
Street Frontage: 150 Side Setbacks: 30
Front Setback: 30 Rear Setback.- 30
Floor Area Ratio: NA Lot Coverage: NA
8. Existing Building (if applicable):
Ground Floor(Sq. Ft.): 921** # of Floors: 2
Total Sq. Ft.: 2094*** Height: + 25
Use: RESIDENTIAL Type of Construction: COLONIAL (WOOD)
9. Proposed Building:
Ground Floor(Sq. Ft.):1477**** #of Floors: 2
Total Sq. Ft.: 2785**** Height: +25
COLONIAL (WOOD)
Use: RESIDENTIAL Type of Construction:
10. Has there been a previous application for a Special Permit from the Planning Board on
these premises? NO If so, when and for what type of construction ?
11. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form
of the Planning Board. Every application shall be filed with the Town Clerk's Office. It
shall be the responsibility of the petitioner to furnish all supporting documentation with
this application. The dated copy of this application received by the Town Clerk or
Planning Office does not absolve the applicant from this responsibility. The petitioner
shall be responsible for all expenses for filing and legal notification. Failure to comply
with application requirements, as cited herein and in the Planning Board Rules and
regulations may result in a dismissal by the Plannin and of this application as
incomplete.
t
Petitioner's Signature: 1L 't
Print or type name here: ROBERT SCHWARTZ SARA SCHWARTZ
Owner's Signature: tf'4�- 6w wl _
Print or type name here: ROBERT SCHWARTZ SARA SCHWARTZ
- **Excludes 252 s.f. heated greenhouse attached to ground floor.
***Includes 252 s.f. heated greenhouse attached to ground floor.
****Includes 108 s.f. porch/entry on ground floor only.
Robert G. Schwartz, Jr.
234 Brentwood Circle
North Andover, Massachusetts 01845
(508) 686-2838
January 15, 1998
Planning Board
Town of North Andover
Attn: Kathleen Colwell
Town Offices
North Andover, MA 01845
Re: Application for Watershed Special Permit for
234 Brentwood Circle, North Andover. MA
Dear Ms. Colwell:
Enclosed is a completed application for a Watershed Special Permit for the construction of
an addition on our home at 234 Brentwood Circle. These documents include:
• Three(3) copies of an application, one of which is signed manually
• Nine(9)copies of an engineer's plan showing each of the various items that you
and I discussed earlier this week
• A written certification by Wetlands Preservation Inc. that the construction shown
on these plans will not result in significant degradation of the quality or quantity of
water entering Lake Cochichewick.
• A filing fee of$100
• An undertaking letter from me relating to the$2,000 plan review fee
• A certified abutters list
In this letter I would like to explain the reasons for this new construction and the basis for
my conclusion that there are no reasonable alternatives to the proposed plan.
We need to expand our home. Our family is growing, and we feel a strong need for more
space in our home. With about 1,800 square feet of finished interior space, our house is among
the smaller homes in our neighborhood. We have a formal living room but no family room. Our
home would benefit immensely from a new family room and an enlarged and updated master
North Andover Planning Board
Page 2
bedroom above it. We love our neighborhood, so we do not want to move.
Only the south side makes sense for an addition. The house is situated on a long and
narrow lot. A swimming pool and mature landscaping in the back yard make development there
problematic. Topography and aesthetics prevent an addition in front. The kitchen is also on the
south side. The family room is a natural addition next to the kitchen, and our plans call for the
creation of a "great room" with no separation between kitchen and family room. In addition,
given the location of wetlands to the west(the front) and east (the back)of the house, the
location of the proposed addition efficiently maximizes the distance from both wetlands sites. In
short, within the restraints of existing wetlands and side-setback rules, there is no other possible
location for the addition of a new room. Adding to the south side is the only reasonable
approach.
I have worked carefully to keep the Town informed about every step of this project, and I
have met with you on a number of occasions to seeks your guidance on various issues.
As we have discussed, in the coming days I will also submit applications with the Town's
Conservation Commission and the Zoning Board of Appeals. Each of these applications will be
discussed at hearings in February 1998. I look forward to meeting with you and the Planning
Board to discuss my application.
Very truly yours,
:Robert . chwartz, Jr.
Robert G. Schwartz, Jr.
234 Brentwood Circle
North Andover, Massachusetts 01845
(508) 686-2838
January 15, 1998
Planning Board
Town of North Andover
Attn: Kathleen Colwell
Town Offices
North Andover, MA 01845
Re: Application for Watershed Special Permit for
234 Brentwood Circle,North Andover, MA
Dear Ms. Colwell:
Enclosed is a completed application for a Watershed Special Permit for the construction of
an addition on our home at 234 Brentwood Circle. These documents include:
• Three(3) copies of an application, one of which is signed manually
• Nine(9) copies of an engineer's plan showing each of the various items that you
and I discussed earlier this week
• A written certification by Wetlands Preservation Inc. that the construction shown
on these plans will not result in significant degradation of the quality or quantity of
water entering Lake Cochichewick.
• A filing fee of$100
• An undertaking letter from me relating to the $2,000 plan review fee
• A certified abutters list
In this letter I would like to explain the reasons for this new construction and the basis for
my conclusion that there are no reasonable alternatives to the proposed plan.
We need to expand our home. Our family is growing, and we feel a strong need for more
space in our home. With about 1,800 square feet of finished interior space, our house is among
the smaller homes in our neighborhood. We have a formal living room but no family room. Our
home would benefit immensely from a new family room and an enlarged and updated master
North Andover Planning Board
Page 2
bedroom above it. We love our neighborhood, so we do not want to move.
Only the south side makes sense for an addition. The house is situated on a long and
narrow lot. A swimming pool and mature landscaping in the back yard make development there
problematic. Topography and aesthetics prevent an addition in front. The kitchen is also on the
south side. The family room is a natural addition next to the kitchen, and our plans call for the
creation of a "great room" with no separation between kitchen and family room. In addition,
given the location of wetlands to the west (the front) and east(the back) of the house, the
location of the proposed addition efficiently maximizes the distance from both wetlands sites. In
short, within the restraints of existing wetlands and side-setback rules, there is no other possible
location for the addition of a new room. Adding to the south side is the only reasonable
approach.
I have worked carefully to keep the Town informed about every step of this project, and I
have met with you on a number of occasions to seeks your guidance on various issues.
As we have discussed, in the coming days I will also submit applications with the Town's
Conservation Commission and the Zoning Board of Appeals. Each of these applications will be
discussed at hearings in February 1998. 1 look forward to meeting with you and the Planning
Board to discuss my application.
Very truly yours,
:Robert . chwartz, Jr.
I Sc —
� FIORE & HAMBUIRGER
ATTORNEYS AT LAW
' TEL 508/749-9600
FAX 508/749-9601SCOT
BEEPER 508/396-0432 15' HAMBURGER
� MA1N STREET--"
ANDOVER. MA 01810
JOYCE BRAOt�A
TOWN CLERK
NORTH ANDOVER
Received by Town Clerk: ,SAN �� 9 14 AH
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant ROBERT & SARA SCHWARTZ Address 234 BRENTWOOD CIR.
NORTH ANDOVER,. MA OT3-4� Tel. No. 686-283B--
1 . Application is hereby made:
a) For a variance from the requirements of Section 4.136
ParagrapA3) (c) (iii)kA& Table of the Zoning Bylaws .
b) For a special Permit under Section Paragraph
of the Zoning Bylaws.
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land X and building(s) X
numbered 234 BRENTWOOD CIRCLE— Street .
b) Premises affected are property with frontage on the
North ( ) South ( ) East ( ) West (X) side of BRENTWOOD
CIRCLE Street .
Street, and known as No. 234 BRENTWOOD CIRCLE
Street .
c) Premises affected are in Zoning District R 1 and the
premises affected have an area of4-44, 000 square feet
and frontage of 150 feet.
5 of 8
Rev. 06 . 03 . 76 -
3 . Ownership:
a) Name and address of owner (if joint ownershipdqive all
names) : ROBERT G. SCHWARTZ, JR. AND SARA G. S�HRARTZ,
TENANTS BY THE ENTIRETY, 234 BRENTWOOD CIRCLE, NORTH
ANDOVER, MA 01845
Date of Purchase 4/28/92 Previous Owner LUHRMAN
b) 1 . If applicant is not owner, check his/her interest
in. the premises :
Prospective Purchaser Lessee Other
2 . Letter of authorization for variance/Special Permit
required.
4 . Size of proposed building: ± 58 front; ± 28 feet deep;
Height 2 stories; ± 25 feet .
a) Approximate date of erection: Upon approval of variance
b) Occupancy or use of each floor: Residential
c) Type of construction: Residential - Colonial - Clapboard
S . Has there been a previous appeal, under zoning, on these
premises? Yes If so, when? October 1997
6 . Description of relief sought on this petition �€EL RELIEF FROM. Sec. 4. 136
(3) (USES AND BUILDING REQUIREMENTS) (c) (NON DISTURBANCE BUFFER. . .*
7 . Deed recorded in the Registry of Deeds in Book 43U8 Page 202
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows : (must be stated in detail) SEE ATTACHED STATEMENT
I agree to pay the filing fee, advertising in newspaper, and
inc
i to expenses*
Signature of Pe' itione (s)
ROBERT G. SCHWARTZ, JR. SARA G. SCHWARTZ
* . . (CONTINUED FROM ABOVE) . . .ZONE) (iii) (3) OP ZONING BYLAWS,
TOWN OF NORTH ANDOVER, REPRINTED 1996.
6 of 8
Rev 06 . 03 . 96 - -
i
DESCRIPTION OF VARIANCE REQUESTED
R 1
ZONING DISTRICT:
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension
Area
Street Frontage
Front Setback
Side Setback(s)
Rear Setback
Special Permit Request: seeking variance/permission to construct
within 100-foot non-disturbance buffer zone, when expansion of
existing structure would be greater than 25/ of the gross floor
area of the existing structure.
7 of 8
Rev 06 . 03 . 90 -
Robert and Sara Schwartz
234 Brentwood Circle
North Andover,MA 01845
STATEMENT OF PRINCIPAL REASONS FOR VARIANCE APPLICATION
Our reasons for seeking a variance from the Non-Disturbance Buffer Zone requirement are substantially
the same as those presented to the Zoning Board of Appeals in October 1997 for a variance from the 30-foot side
setback requirement.On that occasion,the Zoning Board of Appeals granted the requested variance.
We need to expand our home. Our family is growing,and we feel a strong need for more space in our
home. With about 1,800 square feet of finished interior space,our house is among the smaller homes in our
neighborhood. We have a formal living room but no family room. Our home would benefit immensely from a
new family room and an enlarged and updated master bedroom above it.We love our neighborhood,so we do not
want to move.
Only the south side makes sense for an addition. The house is situated on a long and narrow lot. A
swimming pool and mature landscaping in the back yard make development there problematic. Topography and
aesthetics prevent an addition in front.The kitchen is also on the south side. The family room is a natural addition
next to the kitchen,and our plans call for the creation of a"great room"with no separation between kitchen and
family room. In addition,given the location of wetlands to the west(the front)and east(the back)of the house,the
location of the proposed addition efficiently maximizes the distance from both wetlands sites. In short,within the
restraints of existing wetlands and side-setback rules,there is no other possible location for the addition of a new
room. Adding to the south side is the only reasonable approach.
The encroachment into the non-disturbance zone is de minimis. As the site plan shows,the
encroachment by the proposed structure onto the 100-foot non-disturbance zones is very minimal. On the west
(front)side,a corner of the proposed structure extends about five feet into the non-disturbance zone On the east
(back)side,the structure extends only about two feet into the zone. The total area extending into non-disturbance
zones is less than 25 square feet(about the size of a twin bed). This is an insignificant encroachment.
The proposed addition will add approximately 36.7%to the gross floor area of the existing structure.
The existing structure has two finished floors measuring 36.31'x 25.37',or 2 x 921 sf,or 1842 sf. The existing
structure also has an attached greenhouse/entry measuring 12'x 20',or 240 sf. Thus,the existing gross floor area
is 2082 sf. After construction of the addition,the home will have a gross floor area of 2846 sf. The 2-story
addition measures 16'x 28',or 2 x 448 sf,or 896 sf;plus a 1-story porch/entry measuring 18'x 6',or 108'. Since
the existing greenhouse will be removed,the gross floor area of the completed home is calculated as 1842 sf
(existing home without greenhouse/entry)plus 896 sf(new 2-story addition)plus 108 sf(new I-story porch/entry),
or 2846 sf. The increase from 2082 sf to 2846 sf is 36.7%.
The proposed addition will add approximately 27.2%to the oot rint of the existing structure. By
counting 2-story floors only once,the foregoing calculations can be adjusted to show the increase in the structure's
footprint. This is a useful calculation,because it shows the actual increase in non-permeable ground area,the most
important measurement if one is considering conservation issues. The existing structure measures 921 sf,plus the
greenhouse/entry measuring 240 sf. Thus,the existing footprint is 1161 sf. After construction of the addition,the
home will have a footprint of 1477 sf. The addition measures 448 sf;plus a porch/entry measuring 108'. Since
the existing greenhouse will be removed,the footprint of the completed home is calculated as 921 sf(existing
home without greenhouse/entry)plus 448 sf(new addition)plus 108 sf(new porch/entry),or 1477 sf. The
increase from 1161 sf to 1477 sf is 27.2%.
Since the increase in gross square footage is greater than 25%,a variance is required before a building
permit will be issued. But it is worth noting that the 36.71/o increase is less than 50%,which until 1994 was the
legal threshold. In other words,our proposal would have complied with the 1994 zoning bylaws without the need
for a variance.
LIST OF PARTIES OF INTEREST PAGE OF
SUBJECT PROPERTY
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SACHUSETH WNA
TOWN OF NORTH ANDOVER FEB I 1 IL
MASSACHUSETTS
BOARD OF APPEALS
Any appeal shall be Oled
9t Mjdays after the
date Of filing of this notice
In"*0"10e of ft Town Clerk, NOTICE OF DECISION
PROPERTY:. 234 Brentwood Circle; North Andover, MA
NAME: Robert& Sara Schwartz DATE: 2/11/98
ADDRESS: 234 Brentwood Circle PETITION: 002-98
North Andover, MA 01845 HEARING: 2/10/98
The Board of Appeals held a regular meeting on Tuesday evening, February 10, 1998 upon
the application of Robert& Sara Schwartz, requesting a Special Permit under Section 4.136,
paragraph (3)-(c); & (iii)-(3); (1996) (non-Disturbance Buffer Zone) for construction of an
addition, of Table 2, of the Zoning Bylaws which is in R-1 Zoning District.
The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott
Karpinski, Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 1/27/98 & 2/3/98, and all abutters
were notified by regular mail.
Upon a motion made by Robert Ford and seconded by John Pallone, the Board of Appeals
unanimously voted to GRANT a Special Permit pursuant to use requirements of Section
4.136, paragraph (3)-(c); & (iii)-(3); (1996) to construct a proposed addition of 6 sq. ft. and 18
sq. ft. and to come within 100 sq., ft. of a non-Disturbance Buffer Zone, finding that the
construction is less than 25% floor area of the existing structure. Refer to the Topographic
Plan of Land dated 1/12/98 and revised 1/14/98 by Merrimack Engineering Services. Voting in
favor. Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre.
The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of these variances will not adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Note: The granting of the Variance and/or Special Permit as requested by the applicant does not
necessarily ensure the granting of a Building permit as the applicant must abide by all applicable
local,state and federal and building codes and regulations, prior to the issuance of a building
permit as requested by the Building Commission.
BOARD OF APPEALS
Idece Walter F. Soule, acting Chairman
Or 'CRT$,
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�95SA�NUSEity•
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Department of Public Works, 384 Osgood St., North Andover, MA on Tuesday the
10th day of February, 1998, at 7:30 PM to all parties interested in the appeal of
Robert & Sara Schwartz, 234 Brentwood Circle, North Andover, MA requesting a
Variance from the requirements of Section 4.136, Paragraph (3)-(c); & (iii)-(3);(1996)
(Non-Disturbance Buffer Zone) for the construction of an addition, of Table 2 of the
Zoning Bylaws.
Sdid premises are property with frontage on the West side of 234 Brentwood Circle,
*hich is in the R-1 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 1/27/98 & 2/3/98
negafnov/3 LEGAL NOTICE I LEGAL NO=
TOWN OF NORTH ANDOVER
ir.
MASSACHUSETTS +.
BOARD OF APPEALS
Notice is hereby given that the Board of Appeata wig
hold a pubilc hearing at the Department of Public
Works,384 Osgood St.,North 19�at 30 PM tq alb
day the 10th day of February, l of Robert;& . rR
parties interested In the appsa
Sctrwsrtz 234 Brentwood Circle,North AnovK,.M0
4
requesting a Vallance from th ° ) on,
Di�stu
4.136, Paragraph (3)-(c); (m)-(3);(1 996
bane Buffer Zone)for the construction of an addition,OF
Table 2 of the Zoning Bylaws•with frontage on the Wel
Said premises are property which is In the R-1 Zon.
side of=Sri CIT 19,
i Ing District. the the
of th
Plans are available for review at „
Building Dept.,Town Hall,120 Main Street
•
By order of the Board of Appear
`William J.Sullivan,Chaimtan9 J
E-T—January 27:February 3,1998
Ap,�FL•r...'
E �
�iDRTH OMEA O p
Received by Town Clerk. JAN 14
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant ROBERT & SARA. SCHWARTZ Address 234 BRENTWOOD CIR.
NORTH ANDOVER,. M O1847 Tel. No. (9 /b)686-2838
1 . Application is hereby made :
a) For a variance from the requirements of Section 4, 136
ParagrapA3) (c) (iii)SAI Table of the Zoning Bylaws .
b) For a special Permit under Section Paragraph
of the Zoning Bylaws .
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land X and building (s) X
numbered 234 BRENTWOOD CIRCLT— Street .
b) Premises affected are property with frontage on the
North ( ) South ( ) East ( ) West (X) side of BRENTWOOD
CIRCLE Street .
Street, and known as No. 234 BRENTWOOD CIRCLE
Street .
c) Premises affected are in Zoning District R 1 , and the
premises affected have an area of}44, 000 square feet
and frontage of 150 feet .
5 of 8
Rev. 06 . 03 . 96
3 . Ownership:
a) Name and address of owner (if joint ownership gARTZ all
names) : ROBERT G. SCHWARTZ, JR. AND SARA G. S Hw ,
TENANTS BY THE ENTIRETY, 234 BRENTWOOD CIRCLE, NORTH
ANDOVER, MA 01845
Date of Purchase 4/28/92 Previous Owner LUHRMAN
b) 1 . If applicant is not owner, check his/her interest
in_ the premises :
Prospective Purchaser Lessee Other
2 . Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed building: ± 58 front; ± 28 feet deep;
Height 2 stories; ± 25 feet .
a) Approximate date of erection: Upon approval of variance
b) Occupancy or use of each floor: Residential
c) Type of construction: Residential - Colonial - Clapboard
5 . Has there been a previous appeal, under zoning, on these
premises? Yes If so, when? October 1997
6 . Description of relief sought on thisetition RELIRF FROM Sec. 4. 136
(3) (USES AND BUILDING REQUIREMENTS) (pc) (NON DISTURBANCE BUFFER. . .*
7 . Deed recorded in the Registry of Deeds in Book 4308 Page 202
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows : (must be stated in detail) SEE ATTACHED STATEMENT
I agree to pay the filing fee, advertising in newspaper, and
inciOSital. expenses* /
V Coe Signature of P , itione (s)
ROBERT G. SCHWARTZ, JR. / SARA G. SCHWARTZ
* . . (CONTINUED FROM ABOVE) . . .ZONE) (iii) (3) OF ZONING BYLAWS,
TOWN OF NORTH ANDOVER, REPRINTED 1996.
6 of 8
Kev 06 . 03 . 96
DESCRIPTION OF VARIANCE REQUESTED
R I
ZONING DISTRICT:
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension
Area
Street Frontage
Front Setback
Side Setback(s)
Rear Setback
Special Permit Request: Seeking variance/permission to construct
within 100-foot non-disturbance buffer zone, when expansion of
existing structure would be greater than 25/ of the gross floor
area of the existing structure.
7 of 8
Rev 06 . 03 . 90
Robert and Sara Schwartz
234 Brentwood Circle
North Andover,MA 01845
STATEMENT OF PRINCIPAL REASONS FOR VARIANCE APPLICATION
Our reasons for seeking a variance from the Non-Disturbance Buffer Zone requirement are substantially
the same as those presented to the Zoning Board of Appeals in October 1997 for a variance from the 30-foot side
setback requirement.On that occasion,the Zoning Board of Appeals granted the requested variance.
We need to expand our home. Our family is growing,and we feel a strong need for more space in our
home. With about 1,800 square feet of finished interior space,our house is among the smaller homes in our
neighborhood. We have a formal living room but no family room. Our home would benefit immensely from a
new family room and an enlarged and updated master bedroom above it.We love our neighborhood,so we do not
want to move.
Only the south side makes sense for an addition. The house is situated on a long and narrow lot. A
swimming pool and mature landscaping in the back yard make development there problematic. Topography and
aesthetics prevent an addition in front.The kitchen is also on the south side. The family room is a natural addition
next to the kitchen,and our plans call for the creation of a"great room"with no separation between kitchen and
family room. In addition,given the location of wetlands to the west(the front)and east(the back)of the house,the
location of the proposed addition efficiently maximizes the distance from both wetlands sites. In short,within the
restraints of existing wetlands and side-setback rules,there is no other possible location for the addition of a new
room. Adding to the south side is the only reasonable approach.
The encroachment into the non-disturbance zone is de minimis. As the site plan shows,the
encroachment by the proposed structure onto the 100-foot non-disturbance zones is very minimal. On the west
(front)side,a comer of the proposed structure extends about five feet into the non-disturbance zone On the east
(back)side,the structure extends only about two feet into the zone. The total area extending into non-disturbance
zones is less than 25 square feet(about the size of a twin bed). This is an insignificant encroachment.
The proposed addition will add approximately 36.7%to the gross floor area of the existing structure.
The existing structure has two finished floors measuring 36.31'x 25.37,or 2 x 921 sf,or 1842 sf. The existing
structure also has an attached greenhouse/entry measuring 12'x 20',or 240 sf. Thus,the existing gross floor area
is 2082 sf. After construction of the addition,the home will have a gross floor area of 2846 sf. The 2-story
addition measures 16'x 28',or 2 x 448 sf,or 896 sf,plus a 1-story porch/entry measuring 18'x 6',or 108'. Since
the existing greenhouse will be removed,the gross floor area of the completed home is calculated as 1842 sf
(existing home without greenhouse/entry)plus 896 sf(new 2-story addition)plus 108 sf(new 1-story porch/entry),
or 2846 sf. The increase from 2082 sf to 2846 sf is 36.7%.
The proposed addition will add approximately 27.2%to the oot rint of the existing structure. By
counting 2-story floors only once,the foregoing calculations can be adjusted to show the increase in the structure's
footprint. This is a useful calculation,because it shows the actual increase in non-permeable ground area,the most
important measurement if one is considering conservation issues. The existing structure measures 921 sf,plus the
greenhouse/entry measuring 240 sf. Thus,the existing footprint is 1161 sf. After construction of the addition, the
home will have a footprint of 1477 sf. The addition measures 448 sf;plus a porch/entry measuring 108'. Since
the existing greenhouse will be removed,the footprint of the completed home is calculated as 921 sf(existing
home without greenhouse/entry)plus 448 sf(new addition)plus 108 sf(new porch/entry),or 1477 sf. The
increase from 1161 sf to 1477 sf is 27.2%.
Since the increase in gross square footage is greater than 25%,a variance is required before a building
permit will be issued. But it is worth noting that the 36.7%increase is less than 50%,which until 1994 was the
legal threshold. In other words,our proposal would have complied with the 1994 zoning bylaws without the need
for a variance.
LI.-.'1 OF PARTIES OF INTEREST PAGE OF
SUBJECT PROPERTY 3
MAP A CEI,- NAME 344v '
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CERTIFIED BY: — DATE o?
ASS SSOR'S G}FFICE i
Robert G. Schwartz, Jr.
234 Brentwood Circle
North Andover, Massachusetts 01845
(508) 686-2838
January 20, 1998
Zoning Board of Appeals
Town of North Andover
North Andover, MA 01845
Re: Application for Variance from Zoning Bylaws Section 4.136(3)(c)(iii)(3)for
234 Brentwood Circle,North Andover MA
To Whom it may concern:
Enclosed is a completed application for a variance from Zoning Bylaws Section
4.136(3)(c)(iii)(3)(1996) (Non-Disturbance Buffer Zone)for the construction of an addition on
our home at 234 Brentwood Circle. These documents include:
• Eleven(11) copies of an application, one of which is signed manually
• Ten(10)paper copies of an engineer's site plan(plan of land) showing the
proposed addition and the surrounding topography, including wetlands sites,
distances from the wetlands and proposed environmental protection measures
• One(1)mylar copy of the engineer's site plan, with a signature box
• Ten(10)copies of an architect's floor plans and elevation drawings for the building
addition
• A filing fee of$25
• A certified abutters list
My attorney, Scot Hamburger(978-749-9600), will arrange for publication of the legal
notice of my application. I intend to attend the February 10, 1998 meeting of the Zoning Board
of Appeals.
Last week I filed an application with North Andover's Planning Board for a Special
Watershed Permit to construct this addition, and I anticipate that the Planning Board will review
my application at its February 17, 1998 meeting.
Zoning Board of Appeals
January 20, 1998
Page 2
By the end of this week I will also file an application with North Andover's Conservation
Commission for a Request for Determination to construct this addition. I anticipate that the
Conservation Commission will review my application at its February 4, 1998 meeting.
I have worked carefully to keep the Town informed about every step of this project, and I
have met with Kathleen Colwell, the Town Planner, on a number of occasions to seeks her
guidance on various issues. Members of the Zoning Board of Appeals will likely recognize my
project. In October 1997, I sought and received a variance from the 30-foot side setback rule. At
that time, I was not aware that I was within 100 feet of wetlands. A subsequent wetlands survey
revealed this issue, and so I am compelled to return to the Board for a different variance. My
building lans have not changed since then, except that I no longer plan to build a rear deck.
I look forward to discussing my application with the Zoning Board of Appeals.
Very truly yours,
R*ertG. chwartz, Jr.
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