HomeMy WebLinkAboutMiscellaneous - 262 SOUTH BRADFORD STREET 4/30/2018 (2)7�,�
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Town of North Andover 40RTjj
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OFECE OF
COMMUNITY DEVELOPMENT AND SERVICES to
146 Main Street
KENNET'HR.MAHONY North Andover, Massachusetts 0 1845 SSAC
Director (508) 688-9533
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 9th day of May 1995 at 7:30 o'clock to all parties interested
in the appeal of John & Jean Zahoruiko requesting a Variance under Section 7,
Paragraph 7.1 and Table 2 of the Zoning Bylaw so as to permit:
relief of.453 acres for lot A-1 where 6 acres is required, and relief of.72 acres for lot B-1
where 2 acres is required for property located at 262 South Bradford Street. Zoqing
District R-1.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish in the Lawrence Eagle Tribune on on 4.24.95 & 5.1.95
TOWN OF
NORTH ANDOVER
OFFICE OF
COMMUNITY
DEVELOPMENT
AND SERVICES
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
9th day of May 1995 at
7:30 o'clock to all parties
interested in the appeal of
John & Jean Zahoruiko
requesting a Variance
under Section 7, Para-
graph 7.1 and Table 2 of
the Zoning bylaw so as to
permit: relief of .453 acres
for lot A-1 where 6 acres
is required and relief of
.72 acres for Lot B-1
where 2 acres is required
for property located at 26
South Bradford Stree
Zoning District R-1.
By the Order of
the Board of Appea
William J. Sulltv4
Chairmq
E -T —. April 24;
May 1, 1995
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING
Julie Parrino D. Robert Nicatta Kfichael Howard Sandra Starr KaWeen Brai
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Town of North Andover 40RTN
OFFICE OF ,,to
0
COMMUNITY DEVELOPMENT AND SERVICES
10
146 Main Street
.."o '#�
KENNETH RL MAHONY North Andover, Massachusetts 01845 Is CHUSS
Director (508) 688-9533
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 9th day of May 1995 at 7-30 o'clock to all parties interested
in the appeal of John & Jean Zahorulko requesting a Vafiance under Section.7,
Paragraph 7.1 and Table 2 of the Zoning Bylaw so as to permit'.
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relief of .45' ) acres for lot A- I where 6 acres is required, and relief of .72 acres for ' q B- I
where 2 acres is required for property located at 262 South Bradford Street, Zonii.g
District R- 1.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish in the Lawrence Ea(lyle Tribune on on 4.24.95 & 5.1.95
1
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Nfichael Howard Sandra Starr KatWeen Bradley Colwell
so as to allow: the definitive subdivision for a two(2) lot subdivision with one new home and one
existing home known as 262 South Bradford Street
After a public hearing given on the above date, the Planning Board voted
To: APPROVE the: Definitive Subdivision
based upon certain conditions which are on file at the
Planning Department and available for review Monday through Friday 8:30 — 4:30
CC: Director of Public Works
Building Inspector
Conservation Department
Health Department
Assessors
Police Chief
Fire Chief
Applicant
Engineer
Towns Outside Consultant
File
I
Alison M. LmarbeauChahmm
John Simons, Vice
Alberto Anales, Clerk
Richard S. Rowen.
Richard Nardella
William Cunningham
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover
0MCE OF
0
COMMUNITY DEVELOPMENT AND SERVICES
0
27 Charles Street
0
North Andover, Massachusetts 0 1845
o4ATE
-TS
WILLIAM J. SCOrr
C U
Director NOTICE OF DECISION
(978) 688-9531
Fax (978) 688-9542
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
ClerL
r -j
23
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Date: September 8, 2000
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Date of Hearing: August 1, 2000 00 n
Petition of John Zahoruiko
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Premises affected: '/-�62 South Bradford Street
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Referring to the above petition for a definitive subdivision in accordance with the provisions
of
Chapter 41, Section 81U of the Massachusetts General Laws
so as to allow: the definitive subdivision for a two(2) lot subdivision with one new home and one
existing home known as 262 South Bradford Street
After a public hearing given on the above date, the Planning Board voted
To: APPROVE the: Definitive Subdivision
based upon certain conditions which are on file at the
Planning Department and available for review Monday through Friday 8:30 — 4:30
CC: Director of Public Works
Building Inspector
Conservation Department
Health Department
Assessors
Police Chief
Fire Chief
Applicant
Engineer
Towns Outside Consultant
File
I
Alison M. LmarbeauChahmm
John Simons, Vice
Alberto Anales, Clerk
Richard S. Rowen.
Richard Nardella
William Cunningham
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
I r
Town of North Andover
OMCE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 0 1845
WMLIAM 1. SCOTr
Director NOTICE OF DECISION
(978) 688-95-31
Any appeal shall be filled
within (20) days after the
fy) date of filling this Notice
in the Office of the Town
ClerlL
This is tO Cerfify "t tfnty (20) dr ed
have elapScd from date of de&gon. M
,githout fWng of an oau
Date
5�yc �A�r��
Fawn CWk
(2�i r: , " . .'; � N.+
Fax (978) 688-9542
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Date: September 8, 2000 C:)
Date of Hearing: August 1, 2000
=*MM
ge/3&-/Petition of John Zahoruiko I =Con
co M;0 M
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Premises affected: 262 South Bradford Street C:7 M C3 M
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Referring to the above petition for a definitive subdivision in accordance with the provisiQns of
Chapter 41, Section 81U of the Massachusetts General Laws Li
so as to allow: the definitive subdivision for a two(2) lot subdivision with one new home and one
existing home known as 262 South Bradford Street
After a public hearing given on the above date, the Planning Board voted
To: APPROVE the: Definitive Subdivision
based upon the following conditions(attached):
Signed ",;gg
CC: Director of Public Works
Alison M. LescarbeauChairman
Building Inspector
Conservation Department
John Simons, Vice Chairman
Health Department
Assessors
Alberto Angles, Cle
Police Chief
Fire Chief
Richard S. Rowen
Applicant
Engineer
Richard Nardella
Towns Outside Consultant
File
William Cunningham
BOARD OF APPEALS 688-9541 BUILDING 688-9545
CONSERVATTON 688-9530 HEALTH 688-9540 PLANNING 688-9535
262 South Bradford Street Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision for a two (2) lot subdivision with
one new home and one existing home known as 262 South Bradford Street. John Zahoruiko, 262
South Bradford Street, North Andover, MA 01845, submitted this application on June 23, 2000. The
area affected is on South Bradford Street and is located in the R- 1 Zoning District.
The Planning Board makes the following findings as required by the Rules and Regulations Governing
the Subdivision of Land:
A. The Definitive Plan, dated 1/3/00, last revised on 3/16/00, 3/17/00 and 6/16/00, includes all of the
information indicated in Section 3 of the Rules and Regulations concerning the procedure for the
submission of plans with the exception ofwaivers granted below in Condition #11.
B. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law.
C. The Definitive Plan complies with all of the review comments submitted by various town
departments in order to comply with state law, town by-laws and insure the public health, safety,
and welfare of the town.
D. The Definitive Plan dated 1/3/00, last revised on 3/16/00, 3/17/00 and 6/16/00, includes 0 of the
information indicated in Section 7 of the Rules and Regulations concerning the procedure for
design standards with the exception of waivers granted below in Condition # 11.
Finally, the Plannin Board finds that the Definitive Subdivision complies with Town Bylaw
requirements so long as the following conditions are complied with:
1) Environmental Monitor: The applicant shall designate an independent environmental monitor
who shall be chosen in consultant with the Planning Department. The Environmental Monitor
must be available upon four- (4) hour's notice to inspect the site with the Planning Board
designated official. The Environmental Monitor shall make weekly inspections of the project and
file monthly reports to the Planning Board throughout the duration of the project. The monthly
reports shall detail area of non-compliance, if any and actions taken to resolve these issues.
2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) A Development Schedule must be submitted for signature by the Planning Board, which
conforms to both Sections 4.2, and Section 8.7 of the North Andover Zoning Bylaw. The
schedule must show building permit eligibility by quarter for all lots.
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b) A Site Opening Bond in the amount of one thousand ($1,000) dollars to be held by the
Town of North Andover. The Site Opening Bond shall be in the form of a check made out to
the Town ofNorth Andover that will be placed into an interest bearing escrow account. This
amount shall cover any contingencies that night affect the public welfare such as site -opening,
clearing, erosion control and performance of any other condition contained herein, prior to the
posting of the Roadway Bond as descri-bed in Condition 3(d). This Site Opening Bond may at
the discretion of the Planning Board be rolled over to cover other bonding considerations, be
released in fill, or partially retained in accordance with the recommendation of the Planning
Staff as directed by a vote of the NAPB.
c) A covenant (FORM 1) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board. Said lots may be released from the
covenant upon posting of security as requested in Condition 3(d).
d) The applicant must submit to the Town Planner a FORM M for all utilities and easements
placed on the subdivision.
e) All application fees must be paid in RM and verified by the Town Planner.
The applicant must meet with the Town Planner in order to ensure that the plans conform to
the Board!s decision. A full set of find plans reflecting the changes outlined above, must be
submitted to the Town Planner for review endorsement by the Planning Board, within ninety
(90) days of fling the decision with the Town Clerk.
g) The Subdivision Decision for this project must appear on the mylars.
h) All documents shall be prepared at the expense of the applicant, as required by the Planning
Board Rules and Regulations Governing the Subdivision of Land.
3) Prior to any lots being released from the statutory covenants:
a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1) certified
copy of the following documents: recorded subdivision approval, recorded Covenant (FORM
1), recorded Growth Management Development Schedule, recorded common driveway
easement and recorded FORM M must be submitted to the Town Planner as proof of
recording.
b) All site erosion control measures required to protect off site properties from the effects of work
on the lot proposed to be released must be in place. The Town Planning Staff shall dete�rnine
whether the applicant has satisfied the requirements of this provision prior to each lot release
and shall report to the Planning Board prior to a vote to release said lot.
3
c) The applicant must submit a lot release FORM J to the Planning Board for signature.
d) A Performance Security in an amount to be determined by the Planning Board, upon the
recommendation of the Department of Public Works, shall be posted to ensure completion of
the work in accordance with the Plans approved as part of this conditional approval. The
performance security must be in the form of a check made out to the Town of North Andover.
This security will then be placed in an interest bearing escrow account held by the Town Items
covered by the Security may include, but shall not be limited to:
i)
as -built drawings
ii)
sewers and utilities
iii)
roadway construction and maintenance
iv)
lot and site erosion control
v)
site screening and street trees
yi)
drainage facilities
vil)
site restoration
viii)final site cleanup
A Performance Security may be established for each phase individually.
4) Prior to an application for a building permit for an individual lot, the following information is
required by the Planning Department: '
a) The applicant must submit a certified copy. of the recorded FORM J referred to in Condition
3(c) above.
b) A plot plan for the lot in question must be submitted, which includes all of the following:
i) location of the structure,
fi) location of the driveways,
iii) location of the septic systems if applicable,
iv) location of all water and sewer lines,
v) location of wetlands and any site improvements required under a NACC order of
condition,
vi) any grading called for on the lot,
vii) a required zoning setbacks,
viii)Location of any drainage, utility and other easements.
c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or
Staff shall make final determination of appropriate measures.
4
d) Lot numbers, visible from the roadways must be posted on all lots.
5) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be
required -
a) Sprinkler systems must be installed in the home on Lot A- 1 -2 per NAFD requirements.
c) The common driveway must be constructed and paved to properly access the lot in question
and inspected by the Town Planner.
d) All necessary permits and approvals for the lot in question shall be obtained from the North
Andover Board of Health, and Conservation Commission.
e) Permment house numbers must be posted on dwellings and be visible from the road.
f) There shall be no driveways placed where stone bound monuments and/or catch basins are to
be set. It shall. be the developer's responsibility to assure the proper placement of the driveways
regardless of whether individual lots are sold. The Plannin Board requires any driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone bound position.
g) The applicant will ensure that the deeds for lots A- 1 - 1 and A- 1 -2 in the 262 South Bradford
Street Subdivision has language stating "the driveway being utilized for access to lots A- I -I
and A- 1 -2 does not conform to the Towrfs standards for purposes of utilization as a street, nor
will the driveway be accepted by the'Town as a street unless said driveway is upgraded and
then conforms to the requirements of a street as defined in the Town ofNorth Andover Rules
and Regulations Governing the Subdivision of Land". In addition, the applicant will also
place a note on the plan that states the above which is to be recorded in the Essex North
Registry of Deeds.
6) Prior to the final release of security retained for the site by the Town, the following shall be
completed by the applicant:
a) An as -built plan and profile of the site shall be submitted to the DPW and Plannin Department
for review and approval.
b) The Applicant shall ensure that all Phirining, Conservation Commission, Board of Health and
Division of Public Works requirements are satisfied and that construction was in strict
compliance with all approved plans and conditions.
7) There shall be no burying or dumping of construction material on site.
8) The location of any stump dumps on site must be pre -approved by the Planning Board.
5
9) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
10) Any action by a Town Board, Commission, or Department which requires changes in the driveway
alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may
be subject to modification by the Planning Board.
11) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North
Andover, Massachusetts, revised February, 1989 have been granted by the Planning Board:
a) Request for waiver of Rules and Regulations Section 3C4 to permit a subdivision plan
without a statement of environmental impact if GRANTED.
b) Request for waiver of Rules and Regulations Section 3D to permit a subdivision plan
without a drainage analysis is GRANTED.
c) Request for waiver of Rules and Regulations Section 3KO) to permit a subdivision plan
without existing forested areas depicted is GRANTED.
d) Request for waiver of Rules and Regulations Section 3K(p) to permit a subdivision plan
without profiles of streets is GRANTED.
e) Request for waiver of Rules and Regulations Section 3K(q) to permit a subdivision plan
without cross-section of streets is GRANTED.
f) Request for waiver of Rules and Regulations Section 7A, 7B, 7C, 7D, 7E, 7F, 7G, 7H, M,
7N, 70 and 7P is GRANTED. The rationale for granting the above waivers is that although
the submission is technically a definitive subdivision plan, the proposal does not involve the
creation of a street, rather it proposes the creation of a driveway. The above granted waivers
refer specifically to the construction of a street, and therefore would not apply to this proposal.
12) This Definitive Subdivision Plan approval is based upon the following information which is
incorporated into this decision by reference:
a) Plans Entitled: Definitive Subdivision Plan of Land
Located at 262 South Bradford Street
North Andover, MA
Prepared For: John & Jean Zahoruiko
Prepared by: Scott Giles, R-P.L.S.
Scale: 1"=401
Plan Date: 1/3/00, revised 3/16/00, 3/17/00, 6/16/00
CC. Applicant
Engin=
File
6
ESSEX NORTH REGISTRY OF DEEDS
LAWRENCE,MASS.
A TRUE COPY: ATTEST:
4r � - I Ai - Tm-r "�`
RMGIMER OF DEED
. t./ —4
May 16,1995
Mt, Williall, Sullivan, Chairman
Zoning Board of Appeal$
120 MainStreet I
North Andover,MA 01845
Re: Lot B Solith Bradford Street
Mr. Zahouriko
Dear Mr. Sullivan:
As the fornier Director of Plaoningand Community Development for the Town of North
Andover I would like to provide tile Zoning Board of Appeals with some background
itiformation with respect to tile. Zahouriko petition beforeyou, this evening,
J,aSt SUIUMeT, Mr. Zahoutiko came into my offlue inTown Hall to discuss the sale, of his lot on
,South Bradf'ord Street, it was his intention at that time to obtain tile statils of what additional
approvals, if any, he would need, After reviewing the Planning Board files and meeting with
en Colwell, itwas evident Lot B was created in May 1987, prior to the vote at Town
Kathie . ment, to two (2) acres. During this time
Meeting that increased the milliIIIIIIII lot acreage require
Mr. ZqII.ouriko was also in consultation with the Conservation Adrnini.qttator and Health Amt.
Given the cornPlexity of grandfathering under Massachusetts General Law, staff suggested that
Mr. Zahouriko have his attorney provide a letter to the Planning Department. Staff reviewed
tile. letter and opined, based on the information available, that Lot B appeared to conform Witt'
zoning. In addition, the lot whieb was created in 1987 had been assessed as a separate
buildable lot.
ll'you have any questions pertaining to my cornments, please do not hesitate to call me at 508-
777-0001.
M tAY
BOARD OF APPEALS
North Andova;( Ingl3oudo(Appeak
,onl
Mr. 74ouTiko . l'ol ii South Btadford S
Muy 16,1995
Sinc7cly,
Kar�n I I.P. Nelson
AFFIDAVIT
Now comes the undersigned, Michael P. Roberts, and hereby deposes and states as
follows:
1. 1 am a resident of North Andover, Massachusetts and the owner of an insurance business
known as Roberts Insurance Agency, located at 1060 Osgood Street, North Andover,
Massachusetts.
2. 1 was a member of the North Andover Planning Board for approximately twelve (12)
years from 1976 until 1988.
3. On May 11, 1987, 1 was the chairman of the North Andover Planning Board.
4. On May 11, 1987, 1 was attending the North Andover Town Meeting when the then
Director of Community Development, Karen Nelson, gave me a "Form A" Plan to review
and sign. It was entitled "Plan of Land in North Andover, Massachusetts surveyed for
John F. and Jean T. Zahoruiko, October 8, 1986, Scale I" = 40", Pembroke Land Survey
Company, Salem, N.H."
5. Mrs. Nelson advised me that the Plan had been previously filed in a proper manner by
the Zahoruikos and that it did not require a hearing by the full Planning Board, as it was
a complying "Form A" lot.
6. 1 reviewed the Plan and being satisfied that it met the dimensional requirements of the
existing zoning by-laws, I then signed the endorsement that "approval under the
subdivision control law is not required".
7. By signing the Plan it was my understanding that I had approved a valid and legal Form
A residential lot for Mr. and Mrs. Zahoruiko.
Signed under the pains and penalties of perjury this day of May, 1995.
A.- 61 -_
MICHAEL P. ROBERTS
FMAY 16 !99.5
nN
130ARD OF APPEALS
Town of North Andover
. OFFICE OF "W�*' % V � i
COMMUNITY DEVELOPMENtl�D SE'RVICES
146 Main Street
KENNETH R. mAHoNy North Andover, Massachusetts 0 1845
Director (508) 688-9533
John & Jean Zahoruiko DECISION
262 South Bradford Street Petition#025-95
North Andover, MA 01845
0
The Board of Appeals held a regular meeting on Tuesday evening, May 16, 1995 upon the
application of John & Jean Zahoruiko requesting a variation of Section 7, Paragraph 7.1
and Table 2 of the Zoning Bylaw to permit relief of .453 acres for lot A- I (existing lot with
dwelling) where 6 acres is required and relief of .72 acres for lot B- I (new lot) where 2
acres is required for property located at 262 South Bradford Street - Zoning District R- 1.
The following members were present and voting- Walter Soule, William Sullivan, John
Pallone, Joseph Faris and Scott Karpinski.
The hearing was advertised in the North Andover Citizen on 4-24 and 5-1, 1995 and all
abutters were notified by regular mail.
Upon a motion by John Pallone and seconded by Walter. Soule the Board voted
unanimously to GRANT the Variances of .45") acres for lot A- I and .72 acres for lot B- I
as requested and displayed on the site plan dated 4.5.95.
The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph
10.4 of the Zoninp, Bvlaw and that this variance may be granted without substantial
detriment to the public good and without nullifying or substantially derogating from the
intent or purpose of the Zoning BVlaw.
Dated this 17th day of May, 1995.
BOARD OF APPEALS,
William Sullivan, Chairman
Walter Soule
John Pallone
Scott Karpinski
Joseph Faris
'90 ,
BOARD'OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta 1�fichael Howard Sandra Starr Kathleen Bradley Colwell
Any appeal shall be filed
within (20) days after the
date Of f -L -ling of this
Notice in the Off'ice
O'E thE 7CW71 Cler"..
APOST"
TOWN OF NORTH ANDOVER
MASSACHUSEM
BOARD QF APPEALS
NOTICE- OF DECISION
Pettiti-on or John & Jean Zahoruiko
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TOWS (""M
wl� NhDOVEF(
��j �7 4 25 ?� '55
Date 5-17-95
Petition No. #025-95
Date of Hearina5-16-95
Prem—ises af:fec-�Z-ed 262 South Bradford Street
Referring to the above petition for a variation from the recuirements
of Section 7, Paragraph 7.1, and table 2 of the Zoning Bylaw to permit
relief of .453 acres for lot A-1 where 6 acres is required and relief
of .72 acres for lot B-1 where 2 acres is required .
After a public hearing given on the above date, the Boarc of Appeals
voted to GRANT the Variances and hereby
authorize the Building Inspector to issue a permit to:
.Tnhn nnrl T,=nn
-C
tor the construction of the above work, XYLXI§NXXX-MXXXJLXX)E)LMXIXYAdXXX
NIM.,
The Board finds that the petitioner has satisfied the provisions of
Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance
may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or
purpose of the Zoning Bylaw.
Board of Appeals,
William Sullivan
Walter_§o-ql.e--
John Pallone
Scott Karpinski, Joseph Faris
Town of North Andover
OMCE OF 6 41,
COMMUNITY DEVELOPMENT AND SERVICES
4 00
146 Main Street
KENNETH R. MAHONY
NOrd' AndOver, Massachusetts 0 1845
Director (508) 688-9533 Cmus
Memorandum
To: Bill Sullivan, Chairman, Zoning Board of Appeals
From: Kathleen Bradley Colwell, Town Planner
Date: May 15, 1995
Re: 262 South Bradford Street
This lot is not in the Watershed Protection District, therefore it
will not require any special permits from the Planning Board. As
the lot is not in the Watershed Protection District, I will not
recommend against the granting of this area variance.
i 15 19
5 1995
Bn"n OF APPEALS.'
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta hfichael Howard Sandra Starr Kathleen Bradley Colwell
I "im
May 16,1995 1 BOARD OF APPEALS
Mr. William Sullivan, Chairman
Zoning Board of Appeals
120 Main Street
North Andover, MA 0 1845
Re: Lot B South Bradford Street
Mr. Zahouriko
Dear Mr. Sullivan:
As the former Director of Planning and Community Development for the Town of North
Andover I would like to provide the Zoning Board of Appeals with some background
information with respect to the Zahouriko petition before you this evening.
Last summer, Mr. Zahouriko came into my office in Town Hall to discuss the sale of his lot on
South Bradford Street. It was his intention at that time to obtain the status of what additional
approvals, if any, he would need. After reviewing the Planning Board files and meeting with
Kathleen Colwell, it was evident Lot B was created in May 1987, prior to the vote at Town
Meeting that increased the minimum lot acreage requirement to two (2) acres. During this time
Mr. Zahouriko, was also in consultation with the Conservation Administrator and Health Agent.
Given the complexity of grandfathering under Massachusetts General Law, staff suggested that
Mr. Zahouriko have his attorney provide a letter to the Planning Department. Staff reviewed
the letter and opined, based on the information available, that Lot B appeared to conform with
zoning. In addition, the 'lot which was created in 1987 had bee, -,I assessed as a separate
buildable lot.
If you have any questions pertaining to my comments, please do not hesitate to call me at 508-
777-0001.
Xarnc
on
North Andover Zoning Board of Appeals
Mr. Zahouriko - Lot B South Bradford Street
May 16,1995
TOWN OF NORTH ANDOVER, MASSACHUSETTS
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET, 01845
GEORGE PERNA
DIRECTOR
Board of Appeals
146 Main Street
North Andover, MA 0 1845
Dear Sirs:
Telephone (508) 685-0950
Fax (508) 688-9573
At the request of Mr. Thornas D. Zahoruiko we are writing to advise the Board of Appeals of the
Division of Public Works plans for sewer extension to the properties at and adjacent to #262 South
Bradford Street. That area is included in Phase 111-C of the proposed sewerage facilities to be constructed
in the Lake Cochichewick watershed area.
A proposed appropriation of 1.5 million dollars for construction of the Phase 111-C Sewer is included in
the Fiscal year 1997 Capital Improvement Plan which will be voted at this year's Annual Town Meeting.
We expect the project to receive a favorable recommendation and vote. Actual construction should take
place during the construction season of calendar year 1997. If you require further information please
advise.
Very Truly rs,
J. William 11murciak,
P.E.
Assistant Director
Division of Public Works
John F. Zahoruiko
262 South Bradford Street
North Andover, MA 01845
(508) 686-7376
Zoning Board of Appeals
Town of North Andover
146 Main Street
North Andover, MA 01845
Attn.: Julie Parrino
Dear Julie:
R E 0 - � - '. L '
JOYCE URADI�'HAW
TOWN CLERK
NORTH ANDOVER
D '5b
February 1, 1996
Per our conversations, I am writing to you to formally
request an extension to the Variance that was granted on
May 17, 1995 for Lot A-1 and B-1 at 262 South Bradford Street
(petition no. 025-95).
As you may be aware, the town sewer system is scheduled to be
installed to this lot by 1997, but the Department of Public
Works has indicated that funding approval is scheduled for
the end of May 1996. 1 do not want to move forward and build
on the lot until the funding and schedule are approved, since
a house on the lot beforehand would require a large, complex,
and expensive septic system, which would be unused one year
later when the sewer in installed and the cost allocated to
the lot by the town.
I believe the extension gives enough time for the town to
determine the approval status of funding for this portion of
the sewer system, and to then acquire a building permit and
begin the work on the lot.
Please feel free to contact me with any concerns.
Sincerely,
John F. Zahoruiko
-U�"Ctmmuck -is I C�r, M U Ck 0� t�c '�' QI-12- 1 UJOIJ Y" 0
rf.\
�IC 6Z rrA'P-
MAY 16 '95 03:56 PM TOWN OF DANVERS MA +5087771025 Page I
TO: TM, FROM:
NOTE � - �dw-
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NO. OF
FAX #:
PAGL
INCLUDING THIS
JVJ A C14__FA V TM FAX #: PHONE#:
MESSAGE
PLEASE REPLY
940�EPLY NECESSARY
PLEASE INFORM US IMMEDIATELY IF YOU DO NOT RECEIVE FACSIMILE IN FULL
I--- a � -- I kT"niN i ma
3: 57 PM
TOWN OF DANVERS MA +5087771025
Nhw 16, 1995
Mr, William Sullivan, Chairman
Zoning Board of Appeals,
12.0 Win Street
North Andover, MA 01845
Re: Lot B South Bradford Street
Mr. Zahouriko
Dear MT.Sullivan:
As the former Director ofPlannii)g and Community Development for the Town of North
Andover I would like to provide the Zoning Board of Appeals with sonle background
information with respect to the Zabouriko petition before ymi this evening.
Page 2
Last summeT, Mr. Zahouriko canie into my office in Town Hall to discuss the sale of his Jot on
SOUtll BTadlbrd Street, It was his intention at that tirne to obtain the status of what additional
approvals, if any, he would need. After reviewing the Planning Board files and meeting with
Kathleen Colwell, it was eVideDtLot B was created in Ma 1987, prior tothe vote at Town
Y
Meeting that incteased the minimum lot acreage requiTenient to two (2) acres. During this time.
Mt. Zahouriko was also in consultation with the Conservation Administrator and Health Agent,
Given the complexity of grandfathering under Massachusetts General Law, staff suggested that
Mr, Zahouriko have his attorney provide. a letter to the Plaru-ting Department, Staff reviewed
the letter and opined, based on the inforn-iation available, that Lot B appeared to conform with
zoning. In addition, the lot which was created in 1987 had been assessed as a separate
buildable lot,
Ifyou have any questions pertaining to my comments, plc�,se do not hesitate to call me at 508-
777-0001.
North Andover Zoning Board of Appcils
Mr. Zidjouriku - Lot B South BradfoM Strect
May 16, 1995
Received, by Town Clerk:
FORM A
RICE
U
7101
..PF. -LJ CATION FOR ENDORSEMENT -OF PLAN
NO"I"!-JECIEVED NOT TO REQUIRE APPROVAL
MAY 8
I � A e P I I-' 9J ___9 19
To the- Pl a'nn i n 9 Board o f the Town'of North Andover:
The undersi.gned wishes to record the accompanyi'hg plan and requests A
determination by -said Board that approval by it under the Subdivision
Con;trol -Law i s not .�-equi red . The undersigned believes that such.appro\
is not required for the following reasons:
I. The division of land shown on the accompanyinq plan is not a sub-
division because every lot shown thereon has the amount of frontagE
required by he North Andover Zoning By Law and is on a public -way
namely, So, g/j o 0 -or a private way, namely,
2
being Tand bounded as follows:
The divi,sl'on of land shown on the accompanying plan is not a sub-
division for the following reasons,
j 7-OW,,AIC, �41w, re F, Vj
?t 'eA 4 LA r r
3. Ti tl e r�,O*fe r e n c e North Essex Deeds, Book Page or
Certificate of Title No. Registration Book
Page
Appl)��a s S*.gnatu
(Print Name)
.Applicant's Add.ress:
-T61. No.
Owner ' s si gnature' a.nd add-ress i f not
the wlicant:
.10
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IS i
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11Y1IY 4,1987 Tsi-m��
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BOARD OF HEALTH
TT TEL: 682-6483
120 MAIN STRr
NORTH ANDOVER, MASS. 01845 Ext. 32 or 33
SSACHUSt
August 2B, 1990
Christensen and Sergi
1G -O Summer St.
Haverhill, Mass.
Dear Phil:
Please be! advised that: the revised plans.for Lot B South
Dradford Street, dated 8/15/90, have been approved by this
department subject to the North Andover Conservation Commission's
-i -,ing with your wet and d lineation as shown on these plans.
greL
Sincerely
Michael J. Rosati"'
MR,ii I t h Agent
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May 16,1995
Mt, william Sullivan, Chairman
Z oning Board of Appeals
120 main Street
North Andover, MA 01845
Re- Lot B Soutb Bradford Street
Mr. 7,ahouriko
Dear Mr. Sullivan:
As the former Director of Planning and Community Development. for tile, J'own of North
Andover I would like to provide the Zoning Board of Appeals with sonle background
information with respect to the Zahouriko petition before you this evening,
Last summer, Mr. Zahouriko came into my office inTown Hall to discuss the sale of his lot oil
South Bradf'ord Street. it was his intention at that time to obttlin the status of what additional
approvals, if any, he would need. After reviewing the Planning Board files and ineeting with
it was evident J.,ot B was created in May 1987, prior to the vote at Town
Kathleen Colwell, . ment to two (2) acres. During this time
Meeting that increased the n1i"i"111111 lot acreage require ation Administrator and Health Agent.
Mr. Zallouriko was also in consultation with the Consetv
Given the complexity of grandfathcring under Massachusetts General Law, staff suggested that
Mr. Zahouriko have his attoiney provide a letter to the Planning Department, Staff reviewed
the letter and opined, based on the information available, that Lot B appeared to conform with
zoning. In addition, the lot which was created in 1987 had been assessed as a separate
buildable lol.
l fyou have any questiong pertaining to my cornments, please do not hesitate to call me at 508-
777-0001.
YPC . P
ar on
Nni-th Asidom Zoning Doud of Appeal'-�
Mr. hhotulkn . Loj'K SoUth 'BtgdfOfd Sucel
Mily 16, 1995
AFFIDAVIT
Now comes the undersigned, Michael P. Roberts, and hereby deposes and states as
follows:
I am a resident of North Andover, Massachusetts and the owner of an insurance business
known as Roberts Insurance Agency, located at 1060 Osgood Street, North Andover,
Massachusetts.
2. 1 was a member of the North Andover Planning Board for approximately twelve (12)
years from 1976 until 1988.
3. On May 11, 1987, 1 was the chairman of the North Andover Planning Board.
4. On May 11, 1987, 1 was attending the North Andover Town Meeting when the then
Director of Community Development, Karen Nelson, gave me a "Form A" Plan to review
and sign. It was entitled "Plan of Land in North Andover, Massachusetts surveyed for
John F. and Jean T. Zahoruiko, October 8, 1986, Scale 1" = 40", Pembroke Land Survey
Company, Salem, N.H."
5. Mrs. Nelson advised me that the Plan had been previously filed in a proper manner by
the Zahoruikos and that it did not require a hearing by the full Planning Board, as it was
a complying "Form A" lot.
6. 1 reviewed the Plan and being satisfied that it met the dimensional requirements of the
existing zoning by-laws, I then signed the endorsement that "approval under the
subdivision control law is not required".
7. By signing the Plan it was my understanding that I had approved a valid and legal Form
A residential lot for Mr. and Mrs. Zahoruiko.
Signed under the pains and penalties of perjury this i I- J4-- day of May, 1.995.
Mff -_ 9_____3 --------- -----
MICHAEL P. ROBERTS
0
I
,r-Gc-
Town of North Andover 01 thoRYN -14,
4 .6 0
OFFICE OF 0
0
"'"
COMMUNITY DEVELOPMENT AND SERVICES AMP=*
146 Main Street
KENNETH F- MAHONY North Andover, Massachusetts 0 1845 SAC U
Director (508) 688-9533
Memorandum
To: Bill Sullivan, Chairman, Zoning Board of Appeals
From: Kathleen Bradley Colwell, Town Planner Ok�—
Date: May 15, 1995
Re: 262 South Bradford Street
This lot is not in the Watershed Protection District, therefore it
will not require any special permits from the Planning Board. As
the lot is not in the Watershed Protection District, I will not
recommend against the granting of this area variance.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9W PLANNING 688-9535
Jutie Parrino D. Robert Nicetta Mchael Howard Sandra Starr KatWeen Bradley Colwefl
May 16,1995
Mr, Williall, Sullivan, Chairman
Zoning Board oi'Appeuls
120 Main Street
NorthAndover,MA 01845
Re: Lot B Soutb Bradford Street
Mr. Zahouriko
Dear Mr. Sullivan:
As tile former Director of Plujiningand Ck)rnniunity Development for the, Town of North
Andover I would like to provide tile Zoning Board of Appeals with sonle background
iliforillation with respect to the 7ahouriko petition before you, this evening.
Last summer, Mr. Zahoutiko came into illy offlue in'l-own liall to discuss tile sale, of his lot oil
South BradVord Street. it was his intention at that tirric to obtain tile st,9tus, of what additional
approvals, if any, lie. would need, Afler reviewing the planning Board files and meeting with
ident J.,ot B was created in May 1987, prior to the vote at Town
Kathleen Colwell, it wag ev ing this time
Meeting that ilicreased the minimum lot acreage requirement. to two (2) acres. Dur
Njr. Zahouriko was also in consultation with the Conservation Administrator and Health ARent.
Given the complexity of grandfatlicring under Massuchusctts General Law, staff suggcstcd that
Mr. Zahouriko huve his attomey provide a letter to the Planning Department. Staff reviewed
the letter and opined, based on the information available, that Lot B appcared to conform with
zoning, In addition, the lot whicb was created in 1987 had been assessed as a separate
buildable lot.
I j, yoll have any question", pertaiiiiilg to Illy comments., piease do not hesitate to call me at 508-
777-0001.
Si
r Oil
Bo'". fib
Nnrth Andova Z�oning Boud of Appruk
Mr. 7.2hot1l,1�. A. 1,()l H South Btadford Strcel
May 16, 1995
AFFIDAVIT
Now comes the undersigned, Michael P. Roberts, and hereby deposes and states as
follows:
I am a resident of North Andover, Massachusetts and the owner of an insurance business
known as Roberts Insurance Agency, located at 1060 Osgood Street, North Andover,
Massachusetts.
2. 1 was a member of the North Andover Planning Board for approximately twelve (12)
years from 1976 until 1988.
3. On May 11, 1987, 1 was the chairman of the North Andover Planning Board.
4. On May 11, 1987, 1 was attending the North Andover Town Meeting when the then
t:1
Director of Community Development, Karen Nelson, gave me a "Form A" Plan to review
and sign. It was entitled "Plan of Land in North Andover, Massachusetts surveyed for
John F. and Jean T. Zahoruiko, October 8, 1986, Scale I" = 40", Pembroke Land Survey
Company, Salem, N.H."
5. Mrs. Nelson advised me that the Plan had been previously filed in a proper manner by
the Zahoruikos and that it did not require a hearing by the full Planning Board, as it was
a complying "Form A" lot.
6. 1 reviewed the Plan and being satisfied that it met the dimensional requirements of the
existing, zoning by-laws, I then signed the endorsement that "approval under the
subdivision control law is not required".
7. By signing the Plan it was my understanding that I had approved a valid and legal Form
A residential lot for Mr. and Mrs. Zahoruiko.
SiGned under the pains and penalties of perjury this (I J4 day of May, 1995.
C,
MICHAEL P. ROBERTS
ROARD OF APPEAL�-7
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H. �fichael Smolak Jr.
315 South Bradford Street
North Andover, Massachusetts 01845
(508) 688-8058
THE NORTH ANDOVEMARD OF
146 MAIN STREET
NORTH ANDOVER, MASS 01845
DEAR MEMBERS OF THE BOARD:
APPEALS
MAY 16. 1995
I AM WRITING YOU IN SUPPORT OF THE APPLICATION OF JOHN
AND JEAN ZAHORUIKO FOR RELIEF IN THEIR APPLICATION FOR A
VARIANCE. I BELIEVE THAT THEY ARE MORE THAN DESERVING OF
DUE CONSIDERATION AND APPROVAL OF THEIR REQUEST.
I HAVE SOME PERSONAL HISTORY AND INVOLVEMENT DURING THE
TIME PERIOD THAT THIS CHANGE IN ZONING OCCURED. I HAVE
PERSONAL KNOWLEDGE OF HARDSHIP INCURRED BY THE
ZAHORUIKO'S AND OTHERS AS A RESULT OF THE CHANGE IN ZONING
THAT WAS ADOPTED.
THE ZAHORUIKO'S HAVE BEEN A FINE FAMILY THAT THROUGH
THEIR OWN EFFORTS AS WELL AS THOSE OF THEIR CHILDREN,
HAVE CONTRIBUTED GREATLY TO THE CHARACTER AND THE FABRIC
OF THIS TOWN. THEY SETTLED HERE, RAISED THEIR FAMILY AND
HAVE NOW RETIRED.
I BELIEVE THAT THE FACTS SHOW THAT THEY WILL INCUR
FANANCIAL HARDSHIP IF THIS IS NOT ALLOWED. I BELIEVE THAT
THEY, LIKE OTHERS. HAVE WORKED HARD AND LOOKED FORWARD
TO THE FRUITS OF THEIR LABOR.
THE FACTS SHOW THAT THERE HAD BEEN SOME INFORMATION
GIVEN BY REPRESENRATIVES OF THE TOWN, I AM SURE IN GOOD
FAITH, THAT LED THE ZAHORUIKO'S TO FILE THEIR APPLICATIONS
IN THE WAY WHICH HAD BEEN PRESENTED TO THEM BY PEOPLE
ACTING IN GOOD FAITH FOR THE TOWN. THEY SHOULD NOT BE
MADE TO SUFFER FOR INFORMATION THAT WAS QUESTIONABLE.
I HOPE AND TRUST THAT FOR REASONS OF FAIRNESS, HARDSHIP
AND EQUITY THAT YOU SHOULD APPROVE THEIR APPLICATION FOR
RELIEF.
SINCERELY,
H. MICHAEL SMOLAK JR.
FOR THE SMOLAK FAMILY
6.) Because of topographical lay -out of property and drainage into a good size pond and a
water retention area over which driveway is proposed;
7.) Possible drainage into our property;
8.) Just barely passing perk test.
Homeowners have to be protected under existing laws when they make a property investment.
Why should zoning laws be compromised so that a few can profit at others expense?
_Ve ru y yours,
JOHN F. SHAW &
SHAREN SHAW
cc: 1. J li e Parrino
/Buoard of Appeals
Town of N. Andover
Town Hall
Main Street
N. Andover, MA 0 1845
2. Michael Howard
Conservation Commission
Town of N. Andover
Town Hall
Main Street
N. Andover, MA 0 1845
PRINT CLEARLY AND USE BLACK INK.
REC`Vcr�
JOYCE BR MIJAW
TOWN: CLE�K
NORTH ANDOVER
Ar -R 18 4 07 N '95
Received by Town Clerk:
FROM THE OFFICE OF:
Domenic J. Scalise, Esquire
89 Main Street
North Andover, MA 01845
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
John F. Zahoruiko
Applicant Jean T. Zahoruiko Address 262 So. Rradlf-Q��,
_1_
North Andover, MA 01845 Tel. No. (508) 682-4153..—
Application is hereby made:
a)
For a variance from the requirements of Section 7
Paragraph
7-1 and Table 2 of the Zoning Bylaws.
suFp—aragraph 2
b)
2. a)
Premises
affected are land X and building(s) X
numbered
262 South Bradford Street.
b)
Premises
affected are property with frontage on the
North
South (X) East West side of —South
Bradford
Street.
Street, and known as No. 262 South!Bradford
Street.
C)
Premises
affected are in Zoning District R-1 and the
premises
affected have an area of 297,345tL- square feet
and frontage of 299+/- feet. See Addendum attached hereto.
3. Ownership:
a)
Name and
address of owner (if joint owner�hip, give all
names):
John F,.-Zahoruiko and Jean T. Zahoruiko, 262 South Bradford Street, N. And.
Date of
Pur ase 5/9/57 Previous Owner Whittier
b)
A- I-
4. Size of proposed building: xxxxxkmwg*OQMmQ����
Heig with current zoning requirements To be constructed in accordance
1995-1996
a) Approximate date of erection.
b) occupancy or use of each floor: Residential
c) Type of construction: Wood Frame
5. Has there been a previous appeal, under zoning, on these
premises? No If so, when?
6. Description of relief sought on this petition , Divide one lot into
two lots, neither of which shall have minimum square footage; Lot B-1 needs a
variance or .12 acres; Lot A-1 needs a i riance of -7.453 aqres.
7. Deed recorded in the Registry of Deeds in Book 854 Page 24
The principal points upon which I base my application are as
follows: (must be stated in detail)
The parcel was originally divided into two lots in 11987; hnweverf the wning hy=1 was
revised before the application was apr)roved. Applicants seek area variances iD-order to
establish two (2) legal lots. Allowance of variances will not deroaate from int nt
of by-law and constitute substantial detriment to the public good._
I agree to pay the filing fee,
incidental expenses* 11
advertising in newspaper, and
Signature prf Petiti
(s) Don-enic J. Scali
Attorney for the
Every application for action by the Board shall be made on
approved bv the Board. These forms shall be furnished
se, Esquire
Applicants
a f orm
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 respons ' ible 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.
ADDENDUM
Applicant: John F. Zahoruiko and Jean T. Zahoruiko
Zoning Requirement Actual Relief Muested
Lot A-1 6 acres 5,547 acres .453 acres
Lot B-1 2 acres 1.28 acres .72 acres
John F. Shaw III
230 S. Bradford Street
N. Andover . MA 01845
508-689-4131
May 5, 1995
Kenneth R. Mahoney, Director
Town of North Andover
Office of Community Development
and Services
146 Main Street
N. Andover, MA 0 1845
RE: Zahoruiko Property, 262 S. Bradford Street
Dear Sir:
30ARD OF A�'��
BOARD OF APP -
- EALS
After receiving a Board of Appeals notice from your office, we want to go on record as to our
concerns and objections to same.
When we were looking at our property back in 1983, one of the governing factors that made the
property so attractive to us was the rural country atmosphere and the distance between
neighbors. The realtor was very quick to point out the fact that the Smolak Farm had a 99 year
agricultural grant and couldn't be developed and that the abutters in back of our property and
the Zahoruiko property were already developed to the fullest, under the zoning laws, in regards
to frontage and lot size.
Since purchasing our property for a healthy price at that time, we have experienced some
changes in the zoning laws that have affected our neighborhood and could possibly have an affect
on our property value, if we ever decide to sell.
We feel that we should be protected under the then existing and present zoning laws and that our
property should not be jeopardized.
This property should not be subdivided to make two non -conforming lots in order to sell Lot B-
I for the following reasons:
1.) Because of all of the above, as stated;
2.) Not presenting all the facts in 1987 regarding the subdivision plan;
3.) Owners are not living on the property now, but son and his family are;
4.) 5 car garage has been rented out;
5.) So called "guest house" has been rental property before and during the 12 years we have
lived here and at the present time;
PRINT CLEARLY AND USE BLACK INK. FROM THE OFFICE OF:
iff0f BRADSHAW Domnic J. Scalise, Esquire
TOWN CLERK 89 Main Street
N01M ANDOVER North Andover, mA 01845
Received by 9QA8CAA7Y1
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF "PEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
John F. Zahoruiko Address 262 So. B-rdd-fp1d-at=eLt,
Applicant Jean T. Zahoruiko_ Tel. No. (503)-���
North rer 01845
1. Application is hereby made:
a)
For a variance from the requirements of Section 7
Paragraph
7- - 1 and Table 2
of the Zoning Bylaws.
silEp—aragraph 2
b)
C)
2. a)
Premises
affected are land X
and building(s) X
numbered
262 South Bradford
Street.
b)
Premises
affected are property
with frontage on the
North
South (X) East West
side of _South
Bradford
Street.
Street, and known as No. 262 South�-Bradford
Street.
C)
Premises
affected are in Zoning
District R-1 and the
premises
affected have an area
of 297,345tL- square feet
and frontage of 299+/- feet
See Addendum attached hereto.
3. ownership:
a)
b)
Name and address of owner (if joint owner�hip, give all
names) :
John F..Zahoruiko and Jean T.
Date of Purch se 5/9/E
Zahoruiko, 262 South
Previous Owner Whittier
W A I
-14 1 %1*14
�-A 4 P.110 -A � 011 0
And.
4. Size of proposed building: xxxyuywwmxmo�����
HeighXXX)CRXX>&XXXXXXXXIIXKKXXXxxxx_xXXXXX�� To be constructed in accordance
wi�h —current zoning requirements 1995-1996
a) Approximate date of erection
b) Occupancy or use of each floor: -- Residential
C) Type of construction: Wood Frame
5. Has there been a previous appeal, under zoning, on these
premises? No -- If so, when?
6. Description of relief sought on this petition - Divide one lot into
two lots, neither of which shall have minimum square footage; Lot B-1 needs a
variance 5F77T-a-E-r—es; Lot A -I needs a variance of—.453 aqres.
7. Deed recorded in the Registry of Deeds in Book 854 Page 24
Q 51:1111,
The principal points upon which I base my application are as
follows: (must be stated in detail)
The parcel was originally divided into two lots in 1987, however, -the 7nning by --law was
revised before the application was approved, Applicants seek area variances in--Qrder to
establish two (2) legal lots. Allowance of variances will not derogate from int nt
of by-law and constitute substantial detriment to the public good.
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses* A / // --) X ,
Signature of Petitio
(s) Domenic J. Scali
Attorney for the
Every application for action by the Board shall be made on
annroved bv the Board. These forms shall be furnished
e, Esquire
Applicants
a f orm
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 respons ' ible 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.
ADDENDUM
Applicant John F. Zahoruiko and Jean T. Zahoruiko
Zoning Requirement Actual Relief Muested
Lot A-1 6 acres 5,547 acres .453 acres
Lot B-1 2 acres 1.28 acres .72 acres
Town of North Andover
OFnCE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 0 1845
31:
Uj .2L
C.�
M Any be filed
ys after the
LA Cr- ith
C.)Co= w
ww-*3: date ct 'his Notice
6 1 --
CC
in the Office of the town
Clerk.
BOARD OF APPEALS
EXTENSION PERMIT
Property: Lot A-1 & B-1 262 South Bradford Street
John Zahoruiko Date: 3-19-96
262 South Bradford Street Petition:#025-95
North Andover, MA 01845 Hearing: 3-12-96
0
The Board of Appeals held a regular meeting on Tuesday evening, March 12, 1996 upon the petition
of John F. Zahoruiko requesting a six month extension to a variance permit issued May 17, 1995 for
relief of .453 acres for lot A-1 and relief of .72 acres for lot B-1, 262 South Bradford Street.
The following members were present and voting: William Sullivan, John Pallone, Scott Karpinski
Raymond Vivenzio and Robert Ford.
Upon a motion by Raymond Vivenzio and seconded by John Pallone, the Board voted unanimously
to GRANT a six month extension to a Variance permit issued May 17, 1995 for property located at
262 South Bradford Street. Voting in favor: Raymond Vivenzio, John Pallone, Robert Ford, William
Sullivan, and Scott Karpinski.
Board of Appeals
Bill Sullivan, Chairman
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover
'. '.
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
KENN= R. MAHONY North Andover, Massachusetts 0 1845
Director (508) 688-9533
John & Jean Zahorulko DECISION
262 South Bradford Street Petition'ttO".5-95
North Andover, MA 0 184 5
6(. �:�
,
4L
The Board of Appeals held a regular meeting on Tuesday evening, May 16, 1995 upon the
application of John & Jean Zahoruiko requesting a variation of Section 7, Paragraph 7.1
and Table " of the Zoning Bylaw to permit relief of .453 acres for lot A- I (existing lot with
dwelling) where 6 acres is required and relief of.72 acres for lot B-1(new lot) where 2
acres is required for property located at 262 South Bradford Street - Zoning District R-1.
The followina members were present and voting: Walter Soule, William Sullivan, John
Pallone, Joseph Faris and Scott Karpinski.
The hearinQ was advertised in the North Andover Citizen on 4-24 and 5-1, 1995 and all
abutters were notified by regular mail.
Upon a motion by John Pallone and seconded by Walter Soule the Board voted
unanimousl%r to GKA�NT the Variances of .453 acres for lot A- I and .72 acres for lot B- I
as requested and displayed on the site plan dated 4.5.95.
The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph
10.4 of the Zorll'na Bvlaw and that this variance may be granted without substantial
detriment to the public szood and without nullifying or substantially derogating from the
intent or purpose of the Zoning Bylaw.
Dated this 17th day of May, 1995.
BOARD OF.A.PPEALS,
William Sullivan, Chairman
Walter Soule
John Pallone
Scott Karpinski
Joseph Faris
/-7
�/ IV14
BOARD -OF APPEALS 688-9541 B=lNG 688-9545 CONSERVATION 6M9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr KaiWeen Bradley Colwell
Anv aDDeal shall be filed
within (^_0) days after the
date o.; -L-ling o-'; t h i s
Ncz--:ce in the 0-f-fice
0 :� : h a 7 cwn C. 'I e r 1 -. .
Pe -:_":Lon o -
j
Anal"
TOWN OF NORTH Al",MOVER
MASSEACHU=S
BOARD 0.17 APPEEALS
NOTICE OF DECISION
John & Jean Zahoruiko
, - .'j
R�or I . L.,
jo�cf Bp'�D C
vig
25
D. _= :: e 5-17-95
nm_�-:�on No. #025-95
D'ate oz Hearinq5-16-95
Premiser-s af:"fected 262 South Bradford Street
ferr4nq to the =--cve petitio.- for a v_ariation J`rom rezu4 --ments
Re
0-f Section 7, Paragraph 7.1, and table 2 of the Zoning Bylaw to permit
relief of .453 acres for lot A-1 where 6 acres is required and relief
of .72 acres for lot B-1 where 2 acres is required .
A� _�=r a nublic hear'ng given o.r the above Aate, the Bo_ar�� of ADDe='
vc-ted -to GRANT the Variances and here!Dv
to:
autho_-4ze the Building Inspez-:cr to Jszue a permit
John and Jean Zahoruiko
.0 '--,%7e work,
.Lor the construction of the a�_
The Board finds that the petitioner has satisfied the provisions of
Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance
may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or
purpose of the Zoning Bylaw.
Board of Appeals,
william Sullivan
Walter Soul -p -
John Pallone
Scott Karpinski, Joseph Faris
'PRINT CLEARLY AND USE BLACK INK.
R EC C
JOYCE BRAD'- :'!W
TQ.Ia�t�4. QUIS &
KaRTIff. &N. NVErAl
ApR (�7
Received by Town Clerk:
FROM THE OFFICE OF:
Dorrenic J. Scalise, Esquire
89 Main Street
North Andover, MA 01845
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
John F. Zahoruiko
Applicant Jean T. Zahoruiko Address 262 So. B ord Street,
North Andover, MA 01845 Tel. No. (508) 682-4153 -
1. Application is hereby made:
a)
For a variance from the requirements of Section 7
Paragraph 7-1 — and Table 2
of the Zoning Bylaws.
s -agraph 2
b)
C)
2. a)
Premises
affected are land X
and building(s) X
numbered
262 South Bradford
Street.
b)
Premises
affected are property
with frontage on the
North
South (X) East West
side of _�—outh
Bradford
Street.
Street,
and known as No. 262 South�:Bradford
Street.
C)
Premises
affected are in Zoning
District R-1 and the
premises
affected have an area
of 297,345+/- square feet
and frontage
of 299+/- feet.
See Addendu'n attached hereto.
3. ownership:
a) Name and address of owner (if joint owner;hip, give all
names):
John F..Zahoruiko and Jean T. Zahoruiko, 262 South Bradford Street, And.
Date of Purchase 5/9/57 Previous Owner Whittier
size of proposed building:
Heig To be constructed in accordance
with current zoning requiren-ents 1995-1996
a) Approximate date of erection.
b) occupancy or use of each floor: Residential
c) Type of construction: Wood Frame
5. Has there been a previous appeal, under zoning, on these
premises? . No If so, when?
6. Description of relief sought on this petition * Divide one lot into
two lots, neither of which shall have minhTum square footage; Lot B-1 needs a
variance or .12 acres; Lot A -i needs a variance ot .453 ac
.,res.
7. Deed recorded in the Registry of Deeds in Book 854 Page 24
The principal points upon which I base my application are as
follows: (must be stated in detail)
The parcel was originally divided into two lot-, in 1987. however, the 7nnina bv-1 was
revised before the application was approved. Applicants seek area yarjanres, in-.Qrder to
establish two (2) legal lots. Allowance of variances will not derogate from int nt
of hv-1aw and constitute substantial detriment to the nublic aood.
I agree to pay the filing fee,
incidental expenses* A
advertising in newspaper, and
Signature pf Petitio
(s) Domenic J. Scali
Attorney for the
Every application for action by the Board shall be made on
approved by the Board. These forms shall be furnished
e, Esquire
Applicants
a rorm
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.
ADDENDUM
Applicant: John F. Zahoruiko and Jean T. Zahoruiko
Zoning Requirement
Lot A-1 6 acres
Actual Rehef RoLested
5,547 acres .453 acres
Lot B-1 2 acres 1.28 acres .72 acres
LIST OF PARTIES OF INTEREST
-ql IR.lFr.T PRnPERTY
MAP =�A�RCEL LOT INAME ADDRESS
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API ITTPP.q
MAP
PARCEL
LOT NAME ADDRESS
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m1j'er1'v' dt,
1_4 9 4 )Y- Ald 3c
/(o
Y
4 93
/9, M�Z� 1: St. (3,0 -AJC --Ad 4�,
toe,& 4 jfXAtaj 07- a3,
Cot iv 1, L47
1)�g4j,�5erQAo, 4- 838 b A U dl-, N,,, ANIA 11�4
N a jA �,V
6(r
ff Ueei T Af-d..
6q
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A u 4�1ph�lj lf�gd�e6q
ue jyd,—
hl ;K-
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