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HomeMy WebLinkAboutMiscellaneous - 25 BRENTWOOD CIRCLE 4/30/2018 (2)I
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Borke/Brentwood BOA
LEGAL NOTICE
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
Notice is hereby given that the Board of Ap-
peals will hold a public hearing at the Senior
Citizen's Center located at the rear of the
Town Building, 120 Main Street, North An-
dover on Tuesday the 11th day of April
1995, at 7:30 o'clock, to all parties interest-
ed in the appeal of Louise I.-Borke requesl-
ing a variation of Section 7, Paragraph 7.1
and Table 2 of the Zoning By Law so as to
permit: relief of 42,1Y2 square feet of lot
area in an R-1 District where 87,120 square
feet is required and relief of 20.01 feet for
the street frontage where 175 feet is re-
quired on the premises located at Lot 2,
Brentwood Circle.
By Order of the Board of Appeals
am JNorth Andolver Citi enllivan 3/22 & 2g/95an
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North
i
Andover on Tuesday the 11th day of April 1995 at 7:30 o'clock to all parties interested
in the appeal of Louise I. Borke requesting a variation under Section 7 Paragraph 7.1 and
Table 2 of the Zoning Bylaw so as to permit:
r
relief of 42- 172 square feet of lot area in an R-1 District where 87,120 square feet is
required and relief of 20.01 feet for the street frontage where 175 feet is required on the
premises located at Lot 2 Brentwood Circle
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish in the North Andover Citizen on 03/22/95 and 03/29/95.
G
Locations
�
�c
3h1
No , Date
TOWN OF NORTH ANDOVER
Certificate of Occupancy
$
Building/Frame. Permit Fee
$
Foundation Permit Fee
$
-mer Permit Fee
$
Sewer Connection Fee
$
Water Connection Fee
$
TOTAL
i�j� Building Inspector
�2/09/S 12:49 25.00 PAID
9551 Div. Public Works
LVl:clllVll �' -.-Tv - �,-^'-'�^v`a �'r.^✓`.'"-� `�-,v1'..^_
Date
'10-
17 y�
oitw oT,tio TOWN OF NORTH ANDOVER
` p Certificate of Occupancy $
Building/Frame Permit Fee $ 12400
s rt +
y.AVID A AcHus Eta Foundation Permit Fee $
Other Permit Fee $
Sewer Connection Fee $
Water Connection Fee $
TOTAL $�
Building Inspector
� s
13-17 1.240.40 {SPI➢
jU 195
�# Div. Public Works
Date
TOWN OF NORTH ANDOVER
Certificate of Occupancy $
Building/Frame Permit Fee $
Foundation Permit Fee $ -too—
Other Permit Fee $
Sewer Connection Fee $
Water Connection Fee $
TOTAL $ L
--'—Building Inspector
A-42. 9402
Div. Public Works
Location.,W-�'
No
MU
Ln
G$
Date
TOWN OF NORTH ANDOVER
Certificate of Occupancy $
Building/Frame Permit Fee $
Foundation Permit Fee $ -too—
Other Permit Fee $
Sewer Connection Fee $
Water Connection Fee $
TOTAL $ L
--'—Building Inspector
A-42. 9402
Div. Public Works
LocationrG'V!
o.
Date
ro
NORTH
TOWN OF NORTH ANDOVER
_
`Certificate
of Occupancy $
BuildingTrame Permit Fee $
Foundation Permit Fee $
Other Permit Fee $
Sewer Connection Fee $
0
Water Connection Fee $ l07?• Sy
TOTAL $
f%
Building Inspector
_ ._ 9715
Div. ublifb Works
PFRJtIT NO.
.tet
APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER. MASS_ PAGE I
MAP KVO.
LOT NO.
Isu
2 RECORD OF OWNERSHIP IDATE
BOOK
ZONE R_1
B DIV. LOT NO. 2 A
�
:PAGE
I I
CATION
25 Brentwood Circle
OWNER'S NAME Brookview Country Homes Inc.
OWNER'S ADDRESS 40 Marbleridge Rd. IVO. And.
M
PURPOSE OF BUILDING Single Familyw/ Two
NO. OF STORIES 2 SIZE 2 x 2
BASEMENT OR SLAB
ar Under-,
�r
ARCHITECT'S NAME Allen C
SIZE E OF FLOOR TIMBERS IST2xl0 IND 2x10
p�
3RD2x.8�D
BUILDER'S NAME Gary Kellowpy
SPAN 14
DISTANCE TO NEAREST BUILDING 801
DIMENSIONS OF SILLS 4x6
DISTANCE FROM STREET 401.{..
"' POSTS 4x6
U .fi
DISTANCE FROM LOT LINES - SIDES 4o,+
,+
01REAR 1001+
GIRDERS
6x12
AREA OF LOT65 ,775 FRONTAGE 154 99
1
HEIGHT OF FOUNDATION p 1 THICKNESS
O
1011
IS BUILDING NEW
yes
SIZE OF FOOTING
1211 x 241'
IS BUILDING ADDITION
MATERIAL OF CHIMNEY brick
IS BUILDING ALTERATION
IS BUILDING ON SOLID OR FILLED LAND
WILL BUILDING CONFORM TO REQUIREMENTS OF CODE yes
IS BUILDING CONNECTED TO TOWN WATER yes
BOARD OF APPEALS ACTION. IF ANY ZZA— ��$ ���
IS BUILDING CONNECTED TO TOWN SEWER yes
r L,/ t4. 41"^ S'
IS BUILDING CONNECTED TO NATURAL GAS LINE yes
J� 1�1A 949hCW- INSTRUCTIONS
I
SEE BOTH SIDES
PAGE I FILL OUT SECTIONS 1 - 3
N
PAGE 2 FILL OUT SECTIONS 1 - 12
ELECTRIyMETEPS MUST BE ON OUTSIDE OF BUILDING
ATTACHED GARAGES MUST CONFORM TO STATE FIRE
�, ^ PLANS MUST BE FILED AND APPROVED BY BUIL I
I Y
1 DATE FILED
F ®�I
PERMIT FOR FOUNDATION ONLY
REGULATED BY PARA. 114.8-S. B.C.
FEE PAID
SIGNATURE OF OWNER OR AUTHORI740 At66NT
F E E ► 30o PERMIT FOR FRAMBUIL
PERMIT GRANTED
24 19 QS^ DATE: _---FEE —EEE PAID: --
M 8= PERM
FEE
NnI v 1995 .ESS FDA FEE--- -1 Cao
DUE fRAIAE PERMIT ZQC3 ..
3 PROPERTY INFORMATION
LAND COST $10.000
EST. BLDG. COST
EST. BLDG. COST PER SQ. FT -$6o. 00
EST. BLDG. COST PER ROOM $18,666
SEPTIC PERMIT NO. N A
4 APPROVED BY
OWNER TEL. # 508-688-6558
CONTR. TEL. # _508-686-4707
.. CONTR. LIC. # 0088587
00 8587
H.I.C. #
BUILDING RECORD
I
1 OCCUPANCY 12 y
SINGLE FAMILY
STORIES
OIL
MULTI. FAMILY
_
OFFICES
B'M'T
APARTMENTS
ELECTRIC
_
CONSTRUCTION
2 FOUNDATION
_I
8 INTERIOR FINISH
CONCRETE
PINE
B
1
2 13
CONCRETE BL K.
BRICK OR STONE
HARDW D
PIERS
PLASTER
_
X
_
X
_
_
_
DRY WALL
_
UNFIN.
3 BASEMENT
AREA FULL X
'/. 1/2 1/1
FIN. B M'TAREA _
FIN, ATTIC AREA _
NO BMT
FIRE PLACES
HEAD ROOM
MODERN KITCHEN
4 WALLS I 9 FLOORS
CLAPBOARDS
X
B
1
X
22
�_
f 3
I_
DROP SIDING
CONCRETE
WOOD SHINGLES
EARTH
ASPHALT SIDING
ASBESTOS SIDING
HARD%!✓'D
COMMON
ASPH. TILE
VERT. SIDING
_
STUCCO ON MASONRY
STUCCO ON FRAME
BRICK ON MASONRY
ATTIC STRS. &
FLOOR
_
BRICK ON FRAME
CONC. OR CINDER BLK.
WIRING
STONE ON MASONRY
STONE ON FRAME
SUPERIOR I-1 POOR
ADEQUATE NONE
10 PLUMBING
5 ROOF
GABLE HIP
GAMBREL MANSARD
FLAT SHED
ASPHALT SHINGLES
BATH 13 FIX.)
TOILET RM. 12 FIX.)
WATER CLOSET'.
LAVATORY
-3-
WOOD SHINGES
KITCHEN SINK
SLATE
NO PLUMBING
_
TAR & GRAVEL
STALL SHOWER
_
ROLL ROOFING
MODERN FIXTURES
TILE FLOOR
TILE DADO
6 FRAMING
11 HEATING
WOOD JOIST
PIPELESS FURNACE
FORCED HOT AIR FURN.
TIMBER BMS. & COLS.
STEAM
STEEL BMS. & COLS.
HOT W'T'R OR VAPOR
WOOD RAFTERS
AIR CONDITIONING
RADIANT H'T'G
7 NO OF ROOMS
UNIT HEATERS
GAS
aw
THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM
LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH- PORCHES. GA- r
RAGES. ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN.
Y
M
OIL
a
B'M'T
2nd
ELECTRIC
t .+33 l ,p3q allla
1st
13rd
I
NO HEATING
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FORM U' LOT' RFMF. SE' FORM,
y
INSTRUCTIONS: This, form:iklused to verify that all necessary
approvals/permits. from- Boards: and. Departments having jurisdiction.
have -been obtained.. Thisdoes not, relieve the applicant -and/or
landowner from .compliance with -any applicable local or state law,
regulations or requirements.
****************Applicant.filTs out this section*****************_
APPLICANTVfC o ('00 1l� �ione_S Phone-
LOCATION:
hone LOCATION: Assessor's Map Number.- _50 f7 4J - S' Parcel
Subdivision SleCAiT<✓c oo Lot (s)
Street: ���CAJ f ZJ 0 0� C rbc l C
St... Number
icial Use Only****
RECO AT N OF' WN: GENTS:
c-
�"'..
Conservation Administrator Date_ AAoroved /��� �J
Date Rejected
Comments
vl� 65Jt
Date Approved
Town' Planner Date Rejected.
Comments
Food, Inspector -Health
Septic Inspector -Health
Comments
Date Approved
Date- Rejected,
Date Approved
Date Rejected
Public Works sewer/water connections 7Z-r-�J LD - 2j -
driveway permit j L�} L D_- 2S - 5
Fire -Department
Received -by Building' Inspector, Date.
NOV 17
A`"°14 =� COMMONWEALTH OF MASSACHUSETTS
lnphll/c3-88IXi1 1
DEPARTMENT OF PUBLIC SAFETY R E N F_ W A L LIC -NO: C S
ONE ASHBORTON 1t'LACE, BOSTON, MA 02108 00858?
'
LICENSE ' + EXPIRATION DATE:
ENCLOSE CHECK OR
MONEY ORDER FOR
REQUIRED FEE,
MADE PAYABLE TO
"COMMISSIONER
OF PUBLIC SAFETY"
(DO NOT SEND
CASH).
9
it
f�ARY A KELLOWAY
1NORHTAANDOVER r1A 01845
04/C3/ 996
ANSWER ALL QUESTIONS AND READ NOTICE ON BACK OF THIS CARD
DOB
00 04/03/1954
i
LICENSE RENEWAL APPLICATION AND TAX STATUS CERTIFICATION
__Ke�Lnw_ a y •�
Pnn1 Leet Name TYPE OF LICENSE VISO R
SnCIAI. SFcunITY a - 0-0 j— 4,6 i18.?
LICENSE r (1(1�_ Si S_A7
I certify under the penalties of perj t to the best of my k wledge and belief I have filed all
state tax returns and paid all state required under I
Date
We of ADolicanl
NOTE: LICENSE WILL NOT BE ISSUED UNLE IS ATTESTATION HAS BEEN C PLETED AND GNED BY
THE APPLICANT. (Authority: C. 62C, S. 49L, MGL, as amended by Chapter 233, Acts of 1983)
--_ 4, RETURN_ COMPLETE FORM. DO NOT TEAR OFF STUB. 4
=� COMMONWEALTH
OF
MASSACHUSETTS
EXPIRATION DATE
04/03/ 196
RESTRICTION
NONE
SS N 001-46-0822
OII IFR$ - R1GHi i111Il,AR PRINT
FEE:
100.()o
HEIGHT:
DOB:
04/n3/1954
1111S DOCUMENT MUST RE
CAPMEDON THF. PEFISONOF
111E HOLDER WHEN FN-
GAGFD IN THIS OCCUPATION.
DEPARTMENT OF PUBLIC SAFETY
ONE ASHBORTON PLACE
BOSTON, MA 02108
LICENSE
CONSTR. SUPERVISOR
EFFECTIVE DATE UC -NO,
0 06130/19,) C108587 0
0
GARY A KELLOWAY �
g 136 CASTLEr1ERE PLAJE €
m NORHT A-NDOVER MA 01945
Z
NTIL SIGNED RY LICE E AND OFFICIALLY
OR - SIG�tkTIIRE GF NE COMMISSIONER
Or
CAUTION
FOR PROTECTION AGAINST
THEFT, PUT RIGHT THUMB
PRINT IN APPROPRIATE
BOX ON LICENSE.
BLASTING OPERATORS
MUST INCLUDE PHOTO.
« SIGN NAME. IN FULL ABOVE SIGNATURE UNE
1
,
ar 01 nrn r(nvut tu)NL "
rn
j
77 St SntllrflAVMC
C < N
" Z
it) ir"AAI. E:tt EC I S
IE Ex LOSIVErLUrrING
M
J G
'R
V
F )t)ENCII PRINT NAME AND CHANGE OF ADDRESS ABOVE
_J O
o
—
0 co
Q
Y
t
,
ar 01 nrn r(nvut tu)NL "
rn
j
77 St SntllrflAVMC
C < N
" Z
it) ir"AAI. E:tt EC I S
IE Ex LOSIVErLUrrING
M
J G
'R
V
F )t)ENCII PRINT NAME AND CHANGE OF ADDRESS ABOVE
_J O
o
—
0 co
Q
10
J.
i
L C i
1.
NIS 4272 PG A �
e.
JOT4,�RpwRI�A�r
HO 1H d D9YtiR
HAT 19 1 64 FF '55
s
I -
` Louise Borke ' Decision
691 Great Pond Road •
Petition #018-95
North Andover, MA 01845
The Board of Appeals held a regular meeting on Tuesday evening April 11, 1995 and
continued to May 16, 1995 upon the application of Louise Borke requesting a variation of
t Section 7, Paragraph 7. 1, Table 2 of tho Zoning Bylaw to u to permit rehof of 42,172
'square feet of lot area where 87,120 square feet is required and relief of 20.01 feet for the
street frontage requirement of 175 feet on lot 2 Brentwood Circle, Zoning District R-1.
At the May 16th hearing the applicant submitted revised plans dated May 5, 1995 as
prepared by Christiansen 8t Sergi which decreased the amount of relief needed. The new
plans requested that only reliefof.49 acres was needed. According to the plan the
3 required street frontage will be available.
j _
The following members were present and voting: Walter Soulq William Sullivan,
Raymond Vivenzio, John Pallone and Scott Karpinski. _
i
t The hearing was advertised in the North Andover Citizen on March 22 & 29, 1995 and all
abutters were notified by regular mail.
i
Upon a motion by Ray Vivcnzio and seconded by Walter Soule, the Board unanimously
voted to GRANT the Variance allowing relief of .49 acr
May 5, 1995. es according to the plan dated
The Board finds that the petitioner has satisfied the provisions of Section 10, Paragrnph 10
' ^ of the Zoning Bylaw and that the granting of these variances will not adversely affectthe
3 G neighborhood or derogate from the intent and purpose of the Zoning Bylaw.
Dat 9
Z ed May 19, 1)9S. Board of Appeals,
William Sullivan
Walter Soule
Raymond Vivenzio
Scott Karpinski
IJohn Pdone
i
I
jj9gya.;
C
L5
Vt'
r
y,.
4i• Jf . Pia Isl
JOYCE BRADS�to
TOW11 CLERI:
ir' mds f 110RTH AIWOVER
Any appeal shall be filedf•.,•...•S�" ,
within (20) days after Cha ��cnu��'• �.iA119 I �faPN 95
ace+•
dare of filing of. this TOWN Or NORTH ANAOVEii
\oricc in the Of -'ice r0 MILSSACHUSMS of the :own Clerk. AT•
A True Copy
BOARD Of APPEALS
`Tbern MIX
NOTICE OF DF.C)StON
. INC li to osfffiy b9tr rdy(20)dry0 Date May 19 14
hm aY,%W hen dA9 d dtdabn 4 `1'
== + Petition No. 2i8-25
TMOA Date of Hearing April 11_ 3995
May 16, 1995 A
Petition of Loui.ne Berke
(7�
Premises affected Lot 2 Brentwood_(.iccla —_
Referring to the above petition for a variation from the requirements
of Section 7, Paragraph 7.1 and table 2 of the Zoning',Bylaw so as to,permit relief of
20.1 feet for the street frontage requirement of 175 feet and relief of.42,172
square feet of lot area where 87,120 square feet 1s required„ At the May 16, 1995
hearing the applicant presented plane dated May 5, 1995 as prepared by Christiansen
a Sergi which decreased the amount of relief needed. The new plans requested that onl;
relief of .49 acres(21,345 square feet) was needed. According to..the plan the requfreo
street frontage will be available . Therefore, only a variance for'trelief of .49
acres is needed.
Ir
CAD
After a public hearing given on the above date, the Boaro of Appeals c
voted to GRANT the Varian— and hereby
sa
authorize the Building Inspector to issue a permit to:
Louise Berke
v
for the construction of the above work,Xki�
�14t3�3�(S>L>SYY�x
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10 of the Zoning.bylaw and that the granting of thin variance will not
adversely affect the neigborhood or derogate from the intent and purpose of the
Zoning Bylaw.
Dated May 19, 1995 R
_. Board of Appeals,
1 -00f -S T. aD/L_�E William Sullivan Scott Sorpinski
91 A",) /W9Walter Soule John pal Iona
Oi Y y'j-
I
354 PG 230
JOE P W
0ye WN CLERK Z -A'
OPNORTH AND T TH
Any appeal shall be fill.0 w W I OVEER ANDOVER
MASSACHUSETTS
within (20) days after the
uk �y
SEP 11 3
date of filing of this Notice
In the Office of the Town r res
Clerk ATmCOPY
NOTICE OF DECISION,
........... .
kDateAugust 15, 1995 jV _
pat.Date of Hearing
rA
Petition of Conies Rorke ....................... . .
............................
-p
Premises affected
.?!re�ntwood Circle
.................... ............ .............
4
Referring to the above petition for a special permit from the requirements
Andover Zoning
Bylaw section 4.136 U) (b) k (c)(Watershedeof the—
North��......
Protection
tJt
home within the
so as to Pei"bit a'LjW. Jaw. 0onstxjAc;tiozj. of: a. single. famLly.
.........................
After a public hearing given on the above date, the Planning Board voted
watershed special Permit
to WNY? ..... :...the ......................... .....
based upon the followiAg conditions:
CC: Director of Public Works
uilding Inspector
Natural Resource/Land Use planner
,Health sanitarian signed
Assessors
Police Chief M.aNpppy.,, pppi. nFp .....
Fire Chief
Applicant 19
Ri
Engineer
File
Interested Parties
Richard Nardella
................................
i?hn Simons .......
-5-q 30
f
I
GK 4354 RG 231
Y
f 'Town of Nor& Andover
COMMUNITY DEVELOPMENT AND SERVICES
146 Main SLeet 'i�ati o i
01845 �,su
�QIETII t 51dBOI1Y � , NoAh Andover. Maps ,. _
Dr+a. i T rr (508) 688A533 c
Saptember 11, 1995 ✓
Ks: `Joyce' Nradshaw
Town Clark=
120:Main Strait
North Andover,`MA 01.945
Re:.'Spscial Permit -'Watershed Protection District
'Lot 2ABrentwood sCircle
Dear Ma:Bradshaw ,
The _North Andover Planning ;Board held a public hearing on
Tuesday evening, 'August'l51995;at 7:30 p.m.` -in the Senior Center
behind the Town Building, "- th'-' plication of Louise -I. Borke,
691 Great Pond Road,'�North Andover, MAi'requesting a Special Permit
under Section 4:136 (3) (b) (Watershed Protection District)
of the North Andover Zoning By-law. The legal notice was properly
advertised in the Lawrence Eagle -Tribune on July 26 and August 2,
1995 and all parties of interest were duly notified. The following
members were present:: Joseph Mahoney, Chairman, Richard Rowan,
Vice Chairman, 'Alison,Lascarbeau,,Clark, John Simons, Richard
Nardella and Alberto 'Angles, --'Associate Member.
The patitioner-.was requesting a'spaclal,permit to allow the
construction of.a single family dwelling within the Non -Discharge
Zona of the Watershed Protection District. The premises affected
is land numbered Lot 2, Brentwood Circle in a Residential (R-1)
Zoning District and the Watershed Protection District.'
Mr.' Rowen read the legal notice to open the public hearing.
Ms. Colwell stated that the lot is in the watershed, but it falls
under the old bylaw. The house will be constructed outside of the
100 foot buffer zone.
Ms. Colwell stated that in this case it makes sense to slop the
driveway runoff towards the lawn rather than towards the catch
basin in the street as the water in this catch basin drains directly
into the -adjacent wetland without the benefit of any, filtration.
By directing the water towards the lawn there will be approximately
75 feat of lawn and buffer'to provide filtration. A strict reading
of the bylaw, however, would require the water to be directed to
the catch basin.
.
BOARDOPAMALS 6U*541 BOIIDINO 004345 CONSERVATION 6tf M HEALTH 656A50 HAN!@le 6U4M
JiYM t4d.o A AabslNicm Nkbri Nowud Smip� err -L�IamanA4 Oh"
ffl
r< -
BIS 4354 PG 232
hd
'Mr. Rowin stated that we should stick to the bylaw.
General discussion that the water should be filtered, therefore,
the driveway should pitch towards the lawn..
`t.
Ms. Colwell stated that she will document in the special permit why
X4
the Board deviated from the bylaw in this case.
-On a motion by Mr.,Nardella,' iliconded by Mr. Simons, the Board
s
voted unanimously to close the'public hearing and direct staff to
render a decision.
The Planning Board"held a regular )meeting, an September 5;1995.
The following members were present: Joseph Mahoney, ;Chairman,
Richard Rowen, Vice Chairman, Alberto Angles, Associate"Member,,.
John Simons and Richard Nardella. Kathleen Bradley Colwell; Town
Planner, was also present.
Discussion that thelimit of lawn will be at a, line 50 feet.from
the house or 75 feet from "the wetland; ''whichever "creates the
largest lawn area. The area between 25 fe®t"from the wetland and
the limit of lawn may be landscaped with a landscape plan approved
by the Planning and Conservation staff.
On a' motion by Mr. 'Simone, Yseconded by Mr Nardella, the watershed
special'permit was approved as amended."
Attached are those conditions
Sincerely,
.North Andover Planning Board
_
-L&oseph v.&Mahoney, Chairman-
i
i
r< -
hd
`t.
..
X4
0
#TT.
�/ 14
°{
- -
BK 4354 PG 233
'r r'
Lot 2A srentwood circle
special Permit - Watershed protection District
The Planning Board makes the following findings regarding the
44
application of Louise I: Borke, 691 Great Pond Road, North Andover,
NA 01845 dated July 25, :1995,.requesting a Special Permit under
Section 4.136(3)(b) and (c) -of the North Andover Zoning Bylaw"to
allow grading, vegetation removal,`surface and subsurface discharge
o!-_stormwater within -the -Non-Disturbance Zone -surface and
,and
subsurface discharge.of storawater in..Non-Discharge Zcne of the
Watershed Protection District. -
Fnmxms or ram:
In accordance with •4.136(4) the `Planning -Board make; the finding
that the intent of the Bylaw, as wall as its specific criteria, are
met. - Specifically the Planning Board finds:
A. _t hat as a result •'of _tthe.:proposed construction in
'. conjunction with other uses nearby, -there will not be any
significant degradation"of the -qualityor quantity of
mwater in or•entering Lake �Cochichewick. "=The'Planning
Board bases its -findings on -a" report -submitted by
_
- wetlands i Environmental. -Testing, --Inc stating that the
'project will have minimal impact on the quality of water
•--entering the Lake' -'',,.,'Export nutrients will likely be
-
'controlled through use of drywells, and uptake by natural
buffers and other features at the site. The house:will
be connected to the municipal sewer system.
H. that there is no reasonable alternative location outside
--the Non -Disturbance or Non -Discharge Zones for' -any
'discharge or activity associated -with the proposed
construction as the entire lot is located within the Non-
_
Discharge Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw,
the Planning Board makes the following findings: A
-A.-- The specific site is an appropriate location for the
proposed use as all feasible stormwater and erosion
controls have been placed on the site;
x
-B. = The use will not adversely affect the:neighborhood as the
'lot is located•in a residential zone;
C. There-vill be no nuisance or serious hazard to vehicles
or pedestrians;
°.:
D. Adequate and appropriate facilities are provided for the
proper -operation of the proposed use;
E. The Planning Hoard also makes a specific finding that the
----- use is in harmony with the general purpose and intent of
r.
the North Andover Zoning Bylaw.
0
#TT.
BK 4354 PG 234, .
Upon reaching the above findings , the Planning Board approves this
Special Permit based upon the following conditions:
OPSCIAL CMITX=8 t
1.A This decision must be filed with the North Essex . Registry of
-..'Deeds. -J. The following information in included as part of this
decision:
a.
Plan titled: �SPeciai'4ermit Plan -Located in .North
A; •. - . " ". . Andover, -NA T-%" .-
Owner: ' Compass Realty Trust
Applicant:-` Louise S. Borke
Scales 401
Date:
.y 1 :. . Jul .20) rev. 'August 14, 1'1995
Prepared by: gltiiinsen & Sergi
160 simmer Street
Haverhill, MA 01830
--b;77. Letter Report. -from David .8. Pickart,,�; Senior Project
Manager, Wetlands 4 •Environmental -Testing , Inc., 10
Central Street, Framingham, -KA i .02710. f Dated -July -2 0
1995.
Any changes made to`these, plans shall -ba'approved , by "the Town
Planner., -,Any changes deemed substantial by the Town Planner
will require a public hearing and modification by the Planning
Board.,
2. Prior to anywokk on site:
a. The plan must be revised
-to show a limit of -lawn fifty
.,foot from the edge of the proposed home,or seventy-five
•feet fkon.the edge -.of the ' wetland, whichever calculation
create& the largest -lawnarea. The haybale line must
then be revised to parallel this line:"
b. The plan Must be revised to slope the "driveway towards to
the lawn and awayy-froi the roadway. The Planning Board
recognizes that this is a deviation from the requirement
of the bylaw that all storawater be directed outside of
the non -disturbance and non-disch6ige-AOns Af possible.
However, if the driveway were sloped towards the road,
the, stormwater would enter a catch basin that empties
directly into the wetlind at the rear of the property.
By directing the� stormwatet "away from the road towards
the wetland, the stormwater'will be filtered by the lawn
area and the natural buffer zone prior to entering the
wetland.
C. A performance guarante e, of two thousand ($2#000) dollars
in the form of a check made out to the Town of North
2
'I . _..
BK 4354 PG 235
Andover bust be Pasted tolnsurG that construction will
i. 4lace in accordance 'With e 'plans :and the
.�cOndittakeipOns of this decision. � This will alga
-an as -built plan will be submitted. insure that
d� All erosion control measures must be in Place and
reviewed by the To" Planner - - I`- -1
The site' shall 'have received -all .'iliace asarY .permits and
approvals from the North Andover Conservation Commission,
Board Of compliancebe in a= to and Health,,and the Departiment'of Public Works and
above'p 'i 'a . ppi6vals.
3. -Iftior tO-VORM V verification
(building pgj ssuance
"4
�:-The Town Planner must eview the lot site plan including
thai,"exact-hougellocati V -
on and' the 'eiact 'limit of
7 J landscaping. A permanent barrier -(stone wall, hedge
must -be pieced along the`agreed,upon lim ' -
prior to occupancy. #_af lawn
r
All plaiii or the tie-in to the JmiiAi&Ipal','z4vi .'inust be
-j'reviewed and approved by- the Division o! Publ.ic Works.
4. prior t
0 verification of a Certificateof o a
onpanop: .d,
a roof -drains and dry.,welin must be in -Pla'cieas shown`
� on the' plan
b., no -Pesticides, fertilizers, or chemicals shall be used in
lawn care or maintenance.
.c. The permanent barrier that is approved far-
the site in
Condition 3(a) . must be in place and reviewed by the'Town
Planner.
d. The deed
Must contain language restricting the-area'of
maintained lawn.to those areas agreed upon in.Conditi'on
2(a).
e. The area between twenty-five feet from the edge of the
wetland and the limit of lawn as shown an the plan may be
landscaped upon approval of the Town. Planner . and the
conservation Administrator but must nTown._
'lawn., not become maintained
The area twenty-five feet fromi the edge of the
wetland -must remain in its natural state.
-f. The structure must contain a residential fire sprinkler
system in conformance with the North Andover Fire
Department.
5. Prior to release of the Performance Bond!
I
k
V
BK 4554 Pb 236
f.
a. The applicant shall submit an as -built which
plan shows
all construction, , including.sever lines, tleach pits and
=other pertinent'site features. This -as-built shall be
submitted to the Town.'Planner,for approval and,shall be
tamped by'sitheir -a Registered Professional Land Surveyor
or Practicing Zngiioer.
.b. The Planning. i�� ' " L MaJ6�i e make a finding
d must' by a Vat
i
that the nfo�m co
in i site a
I'_ ance"with'the approved plan
and ?that iany .-�unforM"dn ,.circumstances' have been
', adequately. addressed...
4;
in shall the,applb
6- hi :"i.ls projo"d. construction be
-- .,to"' fuirther- Impact- the - site than aii- proposed on
, - -the - -
plan referenced in Condition F.l.
7. No burning shall be done QXcept'lks. is permitted during
-:&ro
season under the -Fire Department reciulat ions.
A
The contractor shall contact Dig Safeht-least
t?2'h6ur8
. � : -1 1 — .. �, prior
7 --'to connmincifig '"cavation.
9. The provisions of this conditional approval
I - - shall apply to, and
I..
.!,bei "Ibiriding' 'upon,,the. "applicant, -,,-it s.employees and all
successors and askgns'in -interest'
or control., S
10. This permit 'shaill_� be deamed- to- have -'j:ajjjjA 'ifter a two (2)
year period from the date on which the .,Special Permit. was
granted unless substantialluse or construction has commenced.
Therefore the permit will expire on- lrgg-
cc. Direc66r"aij i
Publ c Worka
Building. inspector
Health Agent
Assessor
Conservatio,jiYAdministrator
Police Officer
Fire Chief
Applicant
Engineer.' -
File
Lot2brentw6od.wep
4
made the following determination )cheek whichever, Is applicable):
........ .......
4-n
rcr
Lot Number. Lot 2
The area described below, which includes alyPoit.of the area described in your request, is an
BK 4354 PG
237
3110 CMR 10.99 R"A E� AW
JOYCE88 0 H
TOWN CLERK
Form 2 NORTH ANDOVER Cap no No.
A._rTo1*"v*W0yDEP)
AuG ZZ 2 ill FP '95
North Andover
Commortweall h
of Massachusetts Louise I. Rorke
0.ftunw _07-21-95
T.
Lot 2 Brentwood Circle
Deteniiinatlon 61 Applicability
Massachusetts Wetlands Pr.6tectioh'A�Ij, G.L; 6.131, 140
.
H ION
ilibANDOVERCONSERVATIONCONSERVATIONCOMI fiS Issuin Authority
9
,NORTH
From
Louise i.'Borki '1ouise I. "Rorke
4
T
(Name of person making request) (Name of property owner)
ond Road 691 Great Pond Road
691 Great P' _01194%
tV
Address No. Andover MA 0194% Address Andover KA
GGO
O
This determination is Issued and delivered as tollows:
Orson making request d te
0 by hand delivery to p Y13
?7
is
Y cartified"d, return race reQues J
''131,140.the Korth Andover Conservation ]servation
Pursuant to the authority ofG.L. c.
request for a Determination of Applicability and its supporting documentation, and has
Ur
has considered your
made the following determination )cheek whichever, Is applicable):
Localtion: Street Address 'Lot 2 Brentwood Circle
4-n
rcr
Lot Number. Lot 2
The area described below, which includes alyPoit.of the area described in your request, is an
Area Subject to Pr011gdon Under the Act. Therefore. Any removing, filing, dredging or
altering of that area requires the filing of a Notice of Intent.
V..
2. 0 The work described below, which, includes &Wpart of the work described in yourrerouest. is within
O.
an Area Subject to Protection Under the Act and we remove, fM. dredge 0c.fOfr that area There-
fore. said work requires the filing of a Note@ of Intent.
T.
Kum
AT= Copy
TOM Ck&
Effective 11110189
2.1
'T
BK 4354' Hui 238
Town of North Andover
OFM OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Strad
VZMWRTH L MABOXY North Andover, Ma each 01945 4C
Dhoftr (508) 688.9333
"CONDITIONS TO LOT 2 BRENTWOOD CIRCLE 08-16-95"
-X
A public hearing was held on August 16,1995 by the North Andover Conaervatton Commission
)d m� -6f Ap- cab ty ad 6� Mrs. -
--(NACQ fisithe purposes of reviewing iltequest for! c pli ili fit
Louise I. Borke. The applicant proposes to clear vegetation and plant co!Mol landscaping
incidental to construction of a single family house. No oc�iiithiction activities will take place
within the too foot Ikiller Zoiii of a Wrdering Vegetated Wetlaid (BV W), only the above
described clearing and landscaping.-
A Negative Determination was issued with the following conditions:
1. The Determination of Applicability, plans rcfi:rentced herein and these-additional conditions
shall be recorded as a single document it the Northern Essex Registry of Deeds, and said
recording hdbr-- n shell be provided to theCotiseivation Deparfiment.
2. A modified plan showing approved linut(s) of work shall be submitted to the NACC for
'approval and subsequently recorded it the Northern E&-�-exReg-istry of Deiid . s, A andsaid
recording information shall be jr�Mdod toibe Conservation D°partnere;
rd
3. A deed restriction, limiting fixture work 'within16v'enii five feet (75')ofthe approved wetland
resource an delineation as shown on the site plan entitled *'Lot 2 Brentwood Circle dated
7/20195, W be established and provided to the Conservadoi Dej artmem;
4. The "Emit of work" is restricted to the fonovvmg setbacks: fifty fed (501 from the house or
seventy five (75') from the edge 6f 11VW(whicheivw allows fma.greater lawn surface am);
5. Fertilizers utilized for landscaping and lawncarc 9A be organic and lownitrogen content, and
77
da be used in moderation. Pesticides and herbicides shall not be used VAhm 100_' - ofa
wetland resource area. This condition is issued under the authority of the Town's Wetland
Protection ByLaw,
6. The applic," shall submit a proposed planting plan subject to approval by the Conservation
Department. This will insure that Do vxodcs are introduced into the area;
7. A tow of staked bay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be property installed and
placed at the setback locations referenced in Condition #4 and shall be inspected and
approved. by the NACC prior to the start of construction and shall remain intact until all
disturbed arras have been permanently stabilized to prevent erosion. All erosion prevention
and sedimentation protection measures found necessary during construction shall be
itnplemeitted at the direction of the NACC.
BOARD OF AP"AtS M."41 BUMMM ""$45 COMSERVAIM 6964530 HEALTH 696950 PLANNING 6969535
J.& PMEW D. Raw0rawn Hoard go." aw KAtAmBreawcat"
Y � �
1
• BK 4354 FG 239
3. p The work described below, which includes aNpart of the work described in your request. is within
the Butter Zone as delved in the regulalions. and will alter an Area Subject to ProteettOn Under
the Act. Therefore, said work re mores the filing of a Notice of Intent.
-Ttu peterminatwfi is nepalive: with CONDITIONS ATTACHED HERETO AND' MADE A= PART •HEREOF.
Said ConditionsVare{referred to aa: "CONDITIONS TOLOi 2 BRENTWOOD CIRCLE 08-16-95"
y , p , The area described to your request n not an Area Subject to Protection Under the Act.
�- The work described in your request Is within on Area Subject to Protection Under the Act. but will
not remove, tip, dredge. or alter that area. Thereforid work does not require the filing of e
Notice of Intent. -
3, The work described in your request Is within the Buffer Zone, as defined In the reputations•. but will
not alts an Area Subject to Protection Under the Act. Therefore, said work does not require the
fling of a Notice of Intent.
" - n 4. p x The areadescdbed in your request Is Subject to Protection Under the Act. bul cmee the work
described theremmeets the requirements tow the lollowiny ex rni i :s`s specified In the Act and
the regulations no Notice of into is required:
Issued by NORTH ANDOVER Cor servation Commission
Signa aj
This Determination rnust be signed by a majority of the Conservation Commission.
On this -i-16th a day of August 192 - before me `
plemonallysppearea
George L. Reich to me known to be the
person rdeecrtbed in, and who executed, the foregoing instrument, and acknowledged that Wane executed
_� Mather free act and deed.
y_ �1/2,q March 2�. 2Q02
Notary Public Dorms Mae D Agate , „ . My commission expires
THIS DETERMINATION AND ATTACHED CONDITIONS BRAT' BE RECORDED AT THE NORTHERN
ESSEX REGISTRY OF DEEDS.I RECORDING INFORMATION SHALL BE PROVIDED TO THE NACC.
. ThsDebnnirtetan CM Rol rgWT dM iDPKanl from CWOyM wnh 0other 8:21=zeMaui. Staff Pace Wfulle. Waatantes.
WW" Or tapubuons. Irma Dewwcubon tmae be valid for avec glare loan ow one of reYNte -
Inc apamiranl. er dwner, any paean typrbved bythq Doig me amm any wnn attend abv%M ane low won .rem tM Dretwse0 wore
in obe oone, w any ken tandems attee ehyorto— in tin m suet, Tend a toeard. are tweby ramoo of trier ngm torwuen the DlwrOnetd
of Ervraonmental ►rower o I'm a strwree6ne eeurnnavon n npclwbildy, Pl* l" the reawr a orae by olnhre nada hand
blMry-b 1M DepaPomm. who as aDPaorate ftlnp be and Fee Iranro," Farm u povided in ]t0 CMR 10.0x'1 rkhn ten otye from
ba Gia a! ratfattta q Wit Wtermutatloa A dopy of Ina reouen snail n tna woe tone am h prima man P nano devvary o ar p fly boo
Caeerrtibn Commrenon and the applinm. - 111tybaar�yMlewiMl�l�iW yAYS
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RIME�•
KAREN H.P. NELSON
Dircrtor
BCILDING
CONSERVATION
HEALTH
PLANNING
DATE
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• :_ '' -- 120 Main Street. 01845 Q
=Town of
NORTH ANDOVER - c508) 682-648:.. .
�.,•
•�.�� > L _ DIMI04 of
w.
PLANNING & COINDIUNITY DEVELOPMENT -
LOCATION
OWNER'S NAME
BUILDER'S NA:
MASON'S NAME
CHIMNEY APPLICATION AND PERMIT
PERMIT #J
MASONS ADDRESS
7
IV -ASCII., S TELEPHONE G � X07iI 3
MATERIAL OF CHIMNEY
INTERIOR C:-:IMNEY /" XTERIOR CHIMNEY
NUMBER XND SIZE OF FLUES
THIC':�NESS OF HEART: -i %v
Will ; r f •rte^ i d`d con-f--r...�reCL'1Ye-1e:7tS of t:ie Code dl'id
y�ji l ch�r.,ne v o _
have rules and reculaticns been received:
DAT
s
lE / C
SIGNATURE OF MASON CONTR. LIC.
v / `
r
EST. CONSTRUCTION COS i;%CO;iTR_C PRICE �va�
PER2-IIT GRANTED FEE
ROBERT NICETTA, BUIIDI.:G _::SEC'T'OR
INSPECTED
REMARKS
'^ -,T_C{ RE0UIRED
THIS PERMIT MUST BE DISPLAYED ON THE PREIISES
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From: C. J. long To: JANET KEIIOWAY
c
note: 4/8/96 Time: 14:06:58
I
9 • l •
GUI* & GCI*
Gas Fired Warm Air
Furnace
Table of Contents
I. Safety and Unit Location ............................ 3
II, General Information .................. I ............ I... 4
Page 1 of 27
i I
installation Instructions
III, Air Requirements ....................................... 4
IV. Category I Venting - Vertical Venting ..... 7
V. Gas Piping ................................................. 8
VI. Electrical Wiring ......................................... 12
VII. Circulating Air and Filters ........................... 15
o°eG10 0
VIII. Sequence of Operation
Integrated Ignition Control ......................... 17
IX. Sequence of Operation
Radiant Sense Ignition Control .................. 18 e e e o
�eoo
X. Startup and Adjustment ............................. 21
XI. Maintenance .............................................. 25
Amana Forced Air Central Furnace Design Complies With Requirements
Embodied in The American National Standard / National Standard of Canada
Shown Below.
ANSI Z21.47-CAN/CGA-2.3 Central Furnaces
RECOGNIZE THIS SYMBOL AS A SAFETY PRECAUTION
ATTENTION INSTALLING PERSONNEL
As a professional installer you have an obligation to Remember, it is your responsibility to install the
know the product better than the customer. This product safely and to know it well enough to be able to
includes all safety precautions and related items. instruct a customer in its safe use.
Prior to actual installation, thoroughly familiarize your- Safety is a matter of common sense ... a matter of
self with this Instruction Manual. Pay special attentiolm thinking before acting. Most dealers have a list of
to all safety warnings. Often during installation or specific good safety practices... follow them.
repair it is possible to place yourself in a position which The precautions listed inthis Installation Manual should
is more hazardous than when the unit is in operation. ,not supersede existing practices but should be consid-
ereb at supplemental information.
Affix this manual and Users Information Manual adjacent to the furnace.
r
s
04/08/96 16:14
upeew
Dimensions Left Bide VISI►
,
044 "low
A B
0/2 15
h1/2 15
Accessibility Clearances (Minimum)
A
To avoid deatho personal injury or property
damage due to fire, clearances to combus-
tible surfaces listed as below must be Ob-
served.
36 Inches is required for servicing or cleaning.
NOTE: In all cases, accessibility clearance must take prece-
dence over clearances from the enclosure where accessibility
clearances are greater.
TO COMBUSTIBLE t xlRFAt 9
OD& FuF AM (Inches)
Al
Z L ORIZONTAL
UPFLOW LEFT RIGHT
RIGHT 0 6 12
LEFT 0 12 6
REAR 0 0 0
'TOP 1 6 6
�
FLue 6' 62 62
FLOOR C C C
InchWhenusNTyPsU-1 vent Is used,
a 1 Inch w hen Type B -i vent le Md.
C = N placed on combustible floor, floor MUST be w ood ONLY.
J & J HEATING & A/C, INC.
Upflow
t~rtwd view
+---�A
F� OV1
XQ
�wfrl�sl�
-.41 o f -
Boom
C D �
5-1/4 12 4
6.1/4 12 4
7.114 i6 4
9-1/4 18 4
9.1/4 18 4
High Altitude Installeltlon
When installing this tumace refer to theigh Altitude Chart for
r high altit0de kit, If required, end � rreudtold prsssuf±e.
gropeg
Model lams ARttude IQt vrfeo• pressure
Nature 0.7600 3.5' .d
QUI(AorB) propane 0.7500 M 10.0" W.C.
Natural 0 .60" 3.5' W.
Ropone 0 - e0 )0 tp'rtlpor>• IlNSdi 10.0' W.a
High Altitude Chest
When Installing this furnace fit an sgmaw then listed
above, please consult your Amarobutcr for the required
high altitude kit(s).
� yodel � �u l 'a C�� �
U
DATE:
TO:
FROM:
REFERENCES
04/09/96 16 13 J & J HEATING & A/C, INC. 001
HZATDNG x,.
AIR CONDITIONING
INC.
DESIGN SYS1"EMS
MECHANICAL CONTRACTORS
SHEET META: WORKERS
O �pHQNE 454-819?
17 ARLINGTON STREET
DRACUT, MASSACHUSETTS 01826
FAX #508 454-8615
SPECIAL INSTRUCTIONS:
FAX TRANSMITTAL COVER SHEET
.min
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MASSACHUSETTS UNIFORM APPLICATION FOR
(Print or Type)
f NORTH ANDOVER
t§uilding
' Y New
, Mass.
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PERMIT TO 00 GASFITTINdG
Date
, Permit /#- n
Name k eMe1✓a y ./arm gS
Renovation 13 Replacement E] Plans Submitted n
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(Print or Type)
Installing Company NamegrdNo-1
Address'/ 6r -11T std, T)C
Check one: Certificate
Q Corp.
= Partner.
Firm/Co.
Business Telephone: �o�,- 6;y3- 2--75-11
Name of Licensed Plumber or Gas Fitter %"Q-11—
Insurance Coverage: Indicate the ty insurance coverage by checking the
appropriate box:
Liability insurance policy Other type of indemnity Q Bond
Insurance Waiver: 1, the undersicned, have been made aware that the licensee of
this application does not have any one of the above three insurance coverages.
Signature of owner/agent of property Owner 17 Agent El
I hcteby certify that all of the details and information I have submitted (or entered) in above a7p6eation are true and accurate to the best of my
$nowicdge and flat all plumbing .writ and inttatlations; 7esfor=cd under Permit issued ro: this appuatien will -be in compliance with sL patlnent
Provisions or the hLssachusetts State Cat Cade and C`aapter I4-' of mo Genezai Larva. —
By
Title
City/Town:
APPROVED (OFFICE USE ONLY
TYPE LICTNSE : �
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Check one: Certificate
Q Corp.
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Firm/Co.
Business Telephone: �o�,- 6;y3- 2--75-11
Name of Licensed Plumber or Gas Fitter %"Q-11—
Insurance Coverage: Indicate the ty insurance coverage by checking the
appropriate box:
Liability insurance policy Other type of indemnity Q Bond
Insurance Waiver: 1, the undersicned, have been made aware that the licensee of
this application does not have any one of the above three insurance coverages.
Signature of owner/agent of property Owner 17 Agent El
I hcteby certify that all of the details and information I have submitted (or entered) in above a7p6eation are true and accurate to the best of my
$nowicdge and flat all plumbing .writ and inttatlations; 7esfor=cd under Permit issued ro: this appuatien will -be in compliance with sL patlnent
Provisions or the hLssachusetts State Cat Cade and C`aapter I4-' of mo Genezai Larva. —
By
Title
City/Town:
APPROVED (OFFICE USE ONLY
TYPE LICTNSE : �
Plumber _
1 Gasfi ignature of Licensed
I M ,.er Plumber or Gasfitter
ourneyman 3 7�O
License /lumber
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Received by Town.Clerk:
t `V }iAW
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NQ'.. . _D VER
MSR IF 17113
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Louise I. Borke Address 691 Great Pond Road
Tel. No. 6339-1319
1. Application is hereby made:
a) For a variarTVrom the requilTments of Section 7
Paragraph and 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 only and building(s)
numbered as Lot 2 Brentwood Circle Street.
b) Premises affected are property with frontage on the
North ( ) South (X) East ( ) West ( ) side of
Brentwood Circle Street.
Street, and known as No. Lot 2. Brentwood Circle
Street.
C) Premises affected are in Zoning District R-1 and the
premises affected have an area of 44,948 square feet
and frontage of 154.99 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all
names): Louise I. Borke * (see note on last page)
Date of Purchase 2-28-9Previous Owner R,,,P,-s
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.
5.
M
Size of proposed building: n/afront; feet deep;
Height stories; feet.
a) Approximate date of erection:
b)
C)
occupancy or use of each floor:
Type of construction:
Has there been a previous appeal, under zoning, on these
premises? No If so, when?
Description of relief sought on this petition Relief from
area and frontage requirements
7. Deed recorded in the Registry of Deeds in Book 4205 Page 199
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail) Please see the attached.
I agree to pay the filing fee, advertising in newspaper-, and
incidental 9rxpense_s*-� n I _A
Signature of Petitioner(s)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be.furnished
by the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties of
Interest" which list shall include the petitioner, abutters,
owners of land directly opposite on any public or private street
or way, and abutters to the abutters within three hundred feet
(3001) of the property line of the petitioner as they appear on
the most recent applicable tax list, notwithstanding 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.
*Every application shall be submitted with an application charge
cost in the amount of $25.00. In addition, the petitioner shall
be responsible for any and all costs involved in bringing the
petition before the Board. Such costs shall include mailing and
publication, but are not necessarily limited to these.
e,
4.
5.
M
Size of proposed building: n/afront; feet deep;
Height stories; feet.
a) Approximate date of erection:
b)
C)
occupancy or use of each floor:
Type of construction:
Has there been a previous appeal, under zoning, on these
premises? No If so, when?
Description of relief sought on this petition Relief from
area and frontage requirements
7. Deed recorded in the Registry of Deeds in Book 4205 Page 199
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail) Please see the attached.
I agree to pay the filing fee, advertising in newspaper-, and
incidental 9rxpense_s*-� n I _A
Signature of Petitioner(s)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be.furnished
by the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties of
Interest" which list shall include the petitioner, abutters,
owners of land directly opposite on any public or private street
or way, and abutters to the abutters within three hundred feet
(3001) of the property line of the petitioner as they appear on
the most recent applicable tax list, notwithstanding 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.
*Every application shall be submitted with an application charge
cost in the amount of $25.00. In addition, the petitioner shall
be responsible for any and all costs involved in bringing the
petition before the Board. Such costs shall include mailing and
publication, but are not necessarily limited to these.
Every application shall be submitted with a plan of land approved
by the Board. No petition will be brought before the Board
unless said plan has been submitted. Copies of the Board's
requirements regarding plans are attached hereto or are available
from the Board of Appeals upon request.
*
Please note.that the record owner of the parcel in question is
Compass Realty Trust. Louise I. Borke is the sole beneficiary
of Compass Realty Trust.
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY`':
MAP
IPARCEL
ILOT
INAME JADDRESS
63
1 29
1 2
ILouise I. Borke 1 69i --o Jaz—P,&rrd-R-oazo
L-07 2 1'� .v�✓�� C-GLCLE C(
ABUTTERS
MAP
PARCEL ILOT
NAME
ADDRESS
63
Ronald Herskowitz and
Francine S. Eisenman
712 Great Pond Road
63
39
Susan O'Shea
747 Great Pond Road
63
26
Mary A. Buckley
681 Great Pond Road
63
4
Steven C. and Diane L.
atses
35 Bridle Path
63
2
Charles T. Matses, Tr.
200 Sutton Street
63
30
Richard W. and Judith T.
Terry
37 Brentwood Circle
63
31
Winifred B. Griffin
49 Brentwood Circle
Gulezian
30 Brentwood Circle
IF-63Thomas
P. and Jean A.
Murphy
40 Brentwood Circle
i
G
Louise I. Borke
691 Great Pond Road
North Andover, Massachusetts 01845
508-689-3319
March 17, 1995
Town of North Andover
Board of Appeals
Gentlemen:
My family and I live at 691 Great Pond Road, at the corner of Great Pond
Road and Brentwood Circle. I am applying for a zoning variance so that a
single-family house may be constructed on Lot 2, the vacant, one -acre lot
I own (as sole beneficiary of Compass Realty Trust, record titleholder of
Lot 2) adjacent to our house, on Brentwood Circle. (Attached as Exhibit "A"
to this Application for Variance is a copy of the Assessor's Map depicting
the parcels in question.)
Lot 2 is subject to the requirements of the Residential 1 Zone, where
currently, the minimum lot area requirement is 87,120 square feet, and the
minimum street frontage requirement is 175 feet.
I am seeking a variance from these two provisions of the Town of North
Andover Zoning Bylaw because a literal enforcement of these provisions will
involve substantial hardship to me. Moreover, the relief I am requesting from
literal enforcement of the Zoning Bylaw may be granted without any substantial
detriment to the public good, and without nullifying or substantially dero-
gating from the intent and purpose of the Bylaw.
By way of background: until 1987, single-family houses in the R-1 zoning
district were permitted to be built on one -acre lots with 150 feet of road
frontage. Virtually every house on Brentwood Circle and Bridle Path is in
fact, built on a one -acre lot with 150 feet of road frontage. In 1987, the
zoning was changed to increase the minimum lot size in this area to the
current two acres and 175 feet of road frontage.
The effect of granting my request for a zoning variance would be entirely
consistent with the quality and character of the neighborhood: one additional
single-family house on a one -acre lot with 150 feet of road frontage would be
built on Brentwood Circle; the same type of house on the same size lot with
the same road frontage as the rest of the neighborhood.
I would not need to apply for a zoning variance if Lot 2 had been "grand-
fathered" as a one -acre, 150 foot frontage lot. That is, Lot 2 would be build-
able as a one -acre, 150 foot frontage lot if the 1987 zoning changes had not
applied to it. However, a technical requirement of the Zoning Bylaw restricts'
the benefits of grandfathering in these type of cases to those adjacent parcels
of land that are "not adjoined by other land of the same owner", that is, where
the deeds to adjacent parcels are in separate names.
The effect of these grandfathering provisions is to permit construction
of additional single-family houses on a small number of remaining vacant,
one -acre, 150 foot road frontage lots in the Brentwood Circle neighborhood.
(There are perhaps two or three such lots.) These lots are owned in different
names than the adjacent lots, but are otherwise in all physical respects
identical to my Lot 2.
- 2 -
It is only fair that identical properties should be treated identically.
However, solely because of this single technical reason -- different names on
the deeds -- these other lots are treated differently and more favorably under
the Zoning Bylaw than would my Lot 2: the 1987 zoning changes do not apply to
these other vacant lots.
Aside from considerations of fairness however, there are other good policy
reasons for treating Lot 2 the same as the other vacant lots in the neighbor-
hood, for in this case, fair and equal treatment would also comport with and
respect the intent and purpose of the Zoning Bylaw.
The one -acre vacant lot for which I am seeking the zoning variance has
always been treated as a separate and distinct piece of property by its owners
and by the Town of North Andover. Therefore, the intent and purpose of the
Zoning Bylaw's provision regarding separately named ownership of adjacent
parcels would be respected by granting the zoning variance I am seeking.
The history of Lot shows that it has never been part and parcel of the
adjacent 691 Great Pond Road property. For more than thirty years, Lot 2
has never been treated by its owners as if it were part and parcel of the
691 Great Pond Road property.
Lot 2 is not a newly created lot. Rather, Lot 2 is one of the original
one -acre, 150 foot road frontage lots created when the Brentwood Circle
subdivision was created in 1963. Between 1963 and 1975, Lot 2 was owned
by completely different parties than the parties who owned the property
at 691 Great Pond Road.
In 1975, Lot 2 was purchased by the Dr. and Mrs. Bowers, who were then
the owners of 691 Great Pond Road. Lot 2 was never merged with the property
at 691 Great Pond Road, even though Lot 2 was owned in the name of Dr. and
Mrs. Bowers.
When I purchased our house at 691 Great Pond Road in 1990, I also bought
Lot 2, and for substantial consideration. It was my understanding that Lot 2
was and always had been a separate lot. It was my intention to one day sell
this lot to help pay for the education of my children.
Lot 2 was conveyed to me by Dr. and Mrs. Bowers in a separate deed, and
has always been assessed and taxed by the Town of North Andover separately
from the property at 691 Great Pond Road. Nor is Lot 2 i
home mortgage. s encumbered by my
Since its creation in 1963, Lot 2 has never been landscaped or cleared, or
in any other way been joined or made a part of the adjacent property on which
our house sits. Out of character with the neighborhood, Lot 2 remains over-
grown with scrub and weeds, and yard refuse and garbage are tossed onto it
from time to time..
By contrast, the property at 691 Great Pond Road consists of two separate
parcels of land that have always been treated as a single property: the main
1.6 acre lot upon which our house was built some one hundred and fifty years
ago, and Lot 1 of the Brentwood Circle subdivision
in 1963. Lot 1 was deeded to Brooks School (which owned n691cre GreattPondaRoad
at the time the Brentwood Circle subdivision was created) in exchange for
the land upon which a portion of the Brentwood Circle road was built.
a
MM
These two parcels -- Lot 1 and 691 Great Pond Road -- were both conveyed
to me in one deed by Dr. and Mrs. Bowers, and are both encumbered by my home
mortgage. Joint treatment of these two parcels has been the pattern with
respect to this property ever since the creation of Brentwood Circle.
Lot 2 has never been treated as part of this larger, adjacent property. It
does not nullify or derogate from the intent and purpose of the Zoning Bylaw
to treat Lot 2 as if it had been owned in a separate, legal name -- to treat
Lot 2 as if it had been grandfathered -- since it has always been treated as
if it were a separate parcel.
The 1987 zoning changes were instituted in order to help protect the Lake
Cochichewick watershed, in large part because of the lack of sanitary sewers
servicing the houses and neighborhoods within the watershed. Currently, every
single house in our neighborhood employs an in -ground septic system.
The reason I am seeking a zoning variance at this time, is that sanitary
sewers are now available in our neighborhood, on Great Pond Road and Brentwood
Circle.
Before sanitary sewers were available in the neighborhood, building
another house and septic system on Brentwood Circle might have raised
legitimate questions concerning impact on the watershed. I would not have
sought permission to build a house on Lot 2 if doing so would have resulted
in another septic system in the watershed. Now that sanitary sewers are in
place however, there is no longer any likelihood that building one additional
single-family house will result in measureable, negative impact on the water-
shed.
Again, the intent and purpose of the Zoning Bylaw -- protection of the
watershed -- would not be nullified or derogated from by granting the zoning
variance I am seeking. -
For all the above reasons, I respectfully request that you grant this
variance. Doing so would maintain the character of my neighborhood in a manner
that poses no risk to the watershed, nor would granting my requested variance
cause any detriment to the public good, neither would granting the variance
nullify or derogate from the intent and purpose of the Zoning Bylaw.
Thank you for your consideration of my request.
encl.
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2163 Date:. /J,f`1....
TH
MOR.
3?0� s„tp 6,4,0 TOWN OF NORTH ANDOVER .
o p PERMIT FOR GAS INSTALLATION
�9SSACHUSEt
This certifies that ..R t?v.e s.
has permission for gas installation : ,�! A � ':...f %q a
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in the buildings of . A f. 4.49m. s a
at L�.t� . a� . Flt�.�s- �u ©.?. (_ i1 . , North Andover, Map -
Fee., U,.... Lic..No............ :.
GAS INSPECTOR,
WHITE: Applicant CANARY: Building Dept. PINK: Treasurer GOLD:
CU
:x.
Louise I. Borke
691 Great Pond Road
North Andover, Massachusetts 01845
508-689-3319
20 September 1995
Mr. D. Robert Nicetta
Building Inspector, Town of North Andover
146 Main Street
North Andover, Massachusetts 01845
re: 691 Great Pond Road/Lot 2A Brentwood Circle
Dear Mr. Nicetta:
In connection with the anticipated sale of Lot 2A, Brentwood Circle
(please see the enclosed Plan), I will need to obtain a partial release
of my mortgage from the mortgagee, Prudential Home Mortgage Company, Inc.
In order to process my request for the partial release, Prudential has
requested that I obtain and furnish to them a letter from the local zoning/
building authorities "approving the proposed transaction and stating that
the remaining land conforms to their regulations."
I would very much appreciate if you would address a letter to me stating
that:
a) The property at 691 Great Pond Road (the "remaining land" subject to
Prudential's mortgage, and shown as "Lot 1A" on the enclosed Plan) conforms
in all respects to the North Andover zoning bylaw (R-1). Please note that the
enclosed Plan indicates that Lot lA exceeds all area and frontage requirements
and meets all applicable set -backs; and
b) The deletion of old lot lines and creation of new lot lines with
respect to Lot 2A, was in accordance with a variance duly granted to me
by the Board of Appeals as of May, 19, 1995.
Please do not hesitate to call me (617-654-3750) or my husband, Gerald
Brecher (689-2354) if you have any questions about this request.
Thank you for your cooperation and assistance.
Best regards.
Yours very truly,
Louise I. Borke
w/enclosure
An' appeal shall be filed
within (20) days after the
date of �ilii.E of this
Notice in the Office
of the Tow;, Clerk
>. JOYCE BRAC =aW
TOWN CLERK
NORTH ANDOVER
Baas , u p t p
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD W APPEALS
NOTICE OF DECISION
Date May 19 1995
Petition No. 018-95
Date of Hearinc April 11. 1995
May 16, 1995
Pet_i+ ion of Louise Borke
Premises a=fected Lot 2 Brentwood Circle
Referring to the above petition for a variation froT the recuire ems_
o` Section 7, Paragraph 7.1 and table 2 of the Zoning Bylaw so as to permit relief of
20.1 feet for the street frontage requirement of 175 feet and relief of 42,172
square feet of lot area where 87,120 square feet is required. At the May 16, 1995
hearing the applicant presented plans dated May 5, 1995 as prepared by Christiansen
& Sergi which decreased the amount of relief needed. The new plans requested that onl
relief of .49 acres(21,345 square feet) was needed. According to the plan the requirE
street frontage will be available . Therefore, only a variance for relief of .49
acres is needed.
A=ter a pub=ic hearing giver on the above date, the Board of Appea_s
voted t0 GRANT the Variance and hereby
authorize the Building Inspector to issue 'a permit to:
Louise Borke
I= the construction of the above work
�xx £Xx�XX'xQa�'Xnxxt&
cx6x_gixY X 9�
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10 of the Zoning bylaw and that the granting of this variance will not
adversely affect the neigborhood or derogate from the intent and purpose of the
Zoning Bylaw.
Dated May 19, 1995
Board of Appeals,
illiam Sullivan Scott Karpinski
Walter Soule John Pallone
V
*************************
Louise Borke
691 Great Pond Road
North Andover, MA 01845
*************************
�gYCE E�f�AI; �,A�1
UWN EL RK
HOATH ANI OVER
MAy 19 1 IA N '55
Decision
Petition #018-95
The Board of Appeals held a regular meeting on Tuesday evening April 11, 1995 and
continued to May 16, 1995 upon the application of Louise Borke requesting a variation of
Section 7, Paragraph 7. 1, Table 2 of the Zoning Bylaw so as to permit relief of 42,172
square feet of lot area where 87,120 square feet is required and relief of 20.01 feet for the
street frontage requirement of 175 feet on lot 2 Brentwood Circle, Zoning District R-1.
At the May 16th hearing, the applicant submitted revised plans dated May 5, 1995 as
prepared by Christiansen & Sergi which decreased the amount of relief needed. The new
plans requested that only relief of .49 acres was needed. According to the plan the
required street frontage will be available.
The following members were present and voting: Walter Soule, William Sullivan,
Raymond Vivenzio, John Pallone and Scott Karpinski.
The hearing was advertised in the North Andover Citizen on March 22 & 29, 1995 and all
abutters were notified by regular mail.
Upon a motion by Ray Vivenzio and seconded by Walter Soule, the Board unanimously
voted to GRANT the Variance allowing relief of .49 acres according to the plan dated
May 5, 1995.
The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10
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.
Dated May 19, 1995.
Board��o�fp;(,�PPeals .
illam Sull�_
Walter Soule
Raymond Vivenzio
Scott Karpinski
John Pallone
Town of North Andover cf NORTF�
OFFICE OF 3? y��t e o , b �6ti�
COMMUNITY DEVELOPMENT AND SERVICES °
146 Main Street �9Q�4giE0 'pP �G
KENNETH R. MAHONY North Andover, Massachusetts 01845 9SSACNus��
Director
(508) 688-9533
Memorandum
To: Bill Sullivan, Chairman, Zoning Board of Appeals
From: Kathleen Bradley Colwell, Town Planner Kb
Date: May 15, 1995
Re: I Lot 2 Brentwood Circle
I have reviewed the revised plan for Lot 2 Brentwood Circle. As
requested, the applicant has revised the lots lines to create two
lots. Both lots contain the required frontage, however one needs
an area variance as the lot contains less than the required two
acres. I recommend granting the area variance as the entire parcel
contains almost enough land for the two lots.
Furthermore, the lot is in the Watershed Protection District and a
special permit from the Planning Board will be required prior to
the issuance of a building permit.
I Q�ii
MAY
30ARD OF APPEALS
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
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OF ,ORT,,
KAREN H.P. NELSON o °D
Director Town Of 120 Main Street, 01845
,
NORTH ANDOVER (508) 682-6483
BUILDING ; 9
CONSERVATION sBgCHUgES4 DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
I 1995
APR t `
Memorandum BOARD OF APPS,
To: Zoning Board of Appeals
From: Kathleen Bradley Colwell, Town Planner
Date: April 11, 1995
Re: Lot 2 Brentwood Circle
I have reviewed this plan and have spoken with the owners regarding
the status of this lot. It is a one acre lot in a two acre zone in
the Watershed Protection District. The Planning Department and
Board has historically opposed area variances in the Watershed due
to the sensitive nature of the District.
However, I will not recommend against the granting of this variance
based upon the condition that either the applicant create a two
acre lot using the adjacent property owned by the applicant, or
that the applicant place a conservation restriction on the adjacent
property.
Ik,
EXHIBIT "A" TO VARIANCE REQUES,
OF LOUISE I. BORKE
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REGEiVED
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Received by Town Clerk:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Louise I. Borke Address 691 Great Pond Road
Tel. No. 6B9-3319
1. Application is hereby made:
a) For a varia e from the requirements of Section 7
Paragraph and and Table II 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 only and building(s)
numbered as Lot 2, Brentwood Circle Street.
b) Premises affected are property with frontage on the
North ( ) South (X) East ( ) West ( ) side of
Brentwood -Circle Street.
Street, and known as No. Lot 2. Brentwood Circle
Street.
C) Premises affected are in Zoning District R-1 , and the
premises affected have an area of 44,945 square feet
and frontage of 154.99 feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all
names): Louise I. Borke * (see note on last page)
Date of Purchase 2-28-90Previous OwnerR.we,-g
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: n/afront; feet deep;
Height stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
C) Type of construction:
5. Has there been a previous appeal, under zoning, on these
premises? No If so, when?
6. Description of relief sought on this petition Relief from
area and frontage requirements
7. Deed recorded in the Registry of Deeds in Book 4205 page 199
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
Please see the attached.
I agree to pay the filing fee, advertising in newspaper, and
incidental i�qpense, * /) _
Signature of Petitioner(s)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties of
Interest" which list shall include the petitioner, abutters,
owners of land directly opposite on any public or private street
or way, and abutters to the abutters within three hundred feet
(3001) of the property line of the petitioner as they appear on
the most recent applicable tax list, notwithstanding 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.
*Every application shall be submitted with an application charge
cost in the amount of $25.00. In addition, the petitioner shall
be responsible for any and all costs involved in bringing the
petition before the Board. Such costs shall include mailing and
publication, but are not necessarily limited to these.
Every application shall be submitted with a plan of land approved
by the Board. No petition will be brought before the Board
unless said plan has been submitted. Copies of the Board's.
requirements regarding plans are attached hereto or are available
from the Board of Appeals upon request.
*
Please .note that the record owner of the parcel -in question is
Compass Realty Trust. Louise I. Borke is the sole beneficiary
of Compass Realty Trust.
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
MAP
IPARCEL
ILOT
INAME JADDRESS
63
1 29
1 2
ILouise I. Borke 1 6-91
L- o'T 2 t-C2C L e
ABUTTERS
MAP
IPARCEL LOT
NAME
ADDRESS
Ronald Herskowitz and
Francine S. Eisenman
712
Great Pond Road
63
39
Susan O'Shea
747
Great Pond Road
63
26
Mary A. Buckley
681
Great Pond Road
63
4
Steven C. and Diane L.
atses
35
Bridle Path
63
2
Charles T. Matses, Tr.
200
Sutton Street
63
30
Richard W. and Judith
T.
Terry
37
Brentwood Circle
63
31
Winifred B.. Griffin
49
Brentwood Circle
Gulezian
30
Brentwood Circle
63
36
Thomas P. and Jean A.
Murphy
40
Brentwood Circle
Louise I. Borke
691 Great Pond Road
North Andover, Massachusetts 01845
508-689-3319
March 17, 1995
Town of North Andover
Board of Appeals
Gentlemen:
My family and I live at 691 Great Pond Road, at the corner of Great Pond
Road and Brentwood Circle. I am applying for a zoning variance so that a
single-family house may be constructed on Lot 2, the vacant, one -acre lot
I own (as sole beneficiary of Compass Realty Trust, record titleholder of
Lot 2) adjacent to our house, on Brentwood Circle. (Attached as Exhibit "A"
to this Application for Variance is a copy of the Assessor's Map depicting
the parcels in question.)
Lot 2 is subject to the requirements of the Residential 1 Zone, where
currently, the minimum lot area requirement is 87,120 square feet, and the
minimum street frontage requirement is 175 feet.
I am seeking a variance from these two provisions of the Town of North
Andover Zoning Bylaw because a literal enforcement of these provisions will
involve substantial hardship to me. Moreover, the relief I am requesting from
literal enforcement of the Zoning Bylaw may be granted without any substantial
detriment to the public good, and without nullifying or substantially dero-
gating from the intent and purpose of the Bylaw.
By way of background: until 1987, single-family houses in the R-1 zoning
district were permitted to be built on one -acre lots with 150 feet of road
frontage. Virtually every house on Brentwood Circle and Bridle Path is in
fact, built on a one -acre lot with 150 feet of road frontage. In 1987, the
zoning was changed to increase the minimum lot size in this area to the
current two acres and 175 feet of road frontage.
The effect of granting my request for a zoning variance would be entirely
consistent with the quality and character of the neighborhood: one additional
single-family house on a one -acre lot with 150 feet of road frontage would be
built on Brentwood Circle; the same type of house on the same size lot with
the same road frontage as the rest of the neighborhood.
I would not need to apply for a zoning variance if Lot 2 had been "grand-
fathered" as a one -acre, 150 foot frontage lot. That is, Lot 2 would be build-
able as a one -acre, 150 foot frontage lot if the 1987 zoning changes had not
applied to it. However, a technical requirement of the Zoning Bylaw restricts
the benefits of grandfathering in these type of cases to those adjacent parcels
of land that are "not adjoined by other land of the same owner", that is, where
the deeds to adjacent parcels are in separate names.
The effect of these grandfathering provisions is to permit construction
of additional single-family houses on a small number of remaining vacant,
one -acre, 150 foot road frontage lots in the Brentwood Circle neighborhood.
(There are perhaps two or three such lots.) These lots are owned in different
names than the adjacent lots, but are otherwise in all physical respects
identical to my Lot 2.
11
- 2 -
It is only fair that identical properties should be treated identically.
However, solely because of this single technical reason -- different names on
the deeds -- these other lots are treated differently and -more favorably under
the Zoning Bylaw than would my Lot 2: the 1987 zoning changes do not apply to
these other vacant lots.
Aside from considerations of fairness however, there are other good policy
reasons for treating Lot 2 the same as the other vacant lots in the neighbor-
hood, for in this case, fair and equal treatment would also comport with and
respect the intent and purpose of the Zoning Bylaw.
The one -acre vacant lot for which I am seeking the zoning variance has
always been treated as a separate and distinct piece of property by its owners
and by the Town of North Andover. Therefore, the intent and purpose of the
Zoning Bylaw's provision regarding separately named ownership of adjacent
parcels would be respected by granting the zoning variance I am seeking.
The history of Lot shows that it has never been part and parcel of the
adjacent 691 Great Pond Road property. For more than thirty years, Lot 2
has never been treated by its owners as if it were part and parcel of the
691 Great Pond Road property.
Lot 2 is not a newly created lot. Rather, Lot 2 is one of the original
one -acre, 150 foot road frontage lots created when the Brentwood Circle
subdivision was created in 1963. Between 1963 and 1975, Lot 2 was owned
by completely different parties than the parties who owned the property
at 691 Great Pond Road.
In 1975, Lot 2 was purchased by the Dr. and Mrs. Bowers, who were then
the owners of 691 Great Pond Road. Lot 2 was never merged with the property
at 691 Great Pond Road, even though Lot 2 was owned in the name of Dr. and
Mrs. Bowers.
When I purchased our house at 691 Great Pond Road in 1990, I also bought
Lot 2, and for substantial consideration. It was my understanding that Lot 2
was and always had been.a separate lot. It was my intention to one day sell
this lot to help pay for the education of my children.
Lot 2 was conveyed to me by Dr. and Mrs. Bowers in a separate deed, and
has always been assessed and taxed by the Town of North Andover separately
from the property at 691 Great Pond Road. Nor is Lot 2 is encumbered by my
home mortgage.
Since its creation in 1963, Lot 2 has never been landscaped or cleared, or
in any other way been joined or made a
part f the adjacent
our house sits. Out of character with the neighborhood, Lot 2roperty remainsooverich
grown with scrub and weeds, and yard refuse and garbage are tossed onto it
from time to time.
By contrast, the property at 691 Great Pond Road consists of two separate
parcels of land that have always been treated as a single property: the main
1.6 acre lot upon which our house was built some one hundred and fifty years
ago, and Lot 1 of the Brentwood Circle subdivision, a one -acre lot created
in 1963. Lot 1 was deeded to Brooks School (which owned 691 Great Pond Road
at the time the Brentwood Circle subdivision was created) in exchange for
the land upon which a portion of the Brentwood Circle road was built.
21
- 3 -
These two parcels -- Lot 1 and 691 Great Pond Road -- were both conveyed
to me in one deed by Dr. and Mrs. Bowers, and are both encumbered by my home
mortgage. Joint treatment of these two parcels has been the pattern with
respect to this property ever since the creation of Brentwood Circle.
Lot 2 has never been treated as part of this larger, adjacent property. It
does not nullify or derogate from the intent and purpose of the Zoning Bylaw
to treat Lot 2 as if it had been owned in a separate, legal name -- to treat
Lot 2 as if it had been grandfathered -- since it has always been treated as
if it were a separate parcel.
The 1987 zoning changes were instituted in order to help protect the Lake
Cochichewick watershed, in large part because of the lack of sanitary sewers
servicing the houses and neighborhoods within the watershed. Currently, every
single house in our neighborhood employs an in -ground septic system.
The reason I am seeking a zoning variance at this time," is that sanitary
sewers are now available in our neighborhood, on Great Pond Road and Brentwood
Circle.
Before sanitary sewers were available in the neighborhood, building
another house and septic system on Brentwood Circle might have raised
legitimate questions concerning impact on the watershed. I would not have
sought permission to build a house on Lot 2 if doing so would have resulted
in another septic system in the watershed. Now that sanitary sewers are in
place however, there is no longer any likelihood that building one additional
single-family house will result in measureable, negative impact on the water-
shed.
Again, the intent and purpose of the Zoning Bylaw -- protection of the
watershed -- would not be nullified or derogated from by granting the zoning
variance I am seeking.
For all the above reasons, I respectfully request that you grant this
variance. Doing so would maintain the character of my neighborhood in a manner
that poses no risk to the watershed, nor would granting my requested variance
cause any detriment to the public good, neither would granting the variance
nullify or derogate from the intent and purpose of the Zoning Bylaw.
Thank you for your consideration of my request.
encl.
QYory truly
Louise I. Borke
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North
Andover on Tuesday the 11th day of April 1995 at 7:30 o'clock to all parties interested
in the appeal of Louise I. Borke requesting a variation under Section 7 Paragraph 7.1 and
Table 2 of the Zoning Bylaw so as to permit:
relief of 42, 172 square feet of lot area in an R-1 District where 87,120 square feet is
required and relief of 20.01 feet for the street frontage where 175 feet is required on the
premises located at Lot 2, Brentwood Circle
By the Order of the Board of Appeals
William I Sullivan, Chairman
Publish in the North Andover Citizen on 03/22/95 and 03/29/95.