HomeMy WebLinkAboutMiscellaneous - 292 SALEM STREET 4/30/2018 (5)I
N
-Qu
CP
J)
w
3 00
RN
p 05
-ng.n
Cl)
CD
jq* -%
W (D Cl)
c==
AM&Y"
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
N 0 T IF V.,F.
January.22 ...... 1990.
Notice is hereby given that the Board of Appeals will a
give
hearing at the Town Building, North Andover, on, Tuesday. . .
... evening ...... the 13th. day of February. .......
19 9 at7: 3 0o'clock, to all parties interested in th e appeal of
Robert. Kathleen olenio
......... ............
requesting a variation of Sec. 4.,.135. Parag. of the Zoning
5 Y.c ) & 17 Yc
By IAW 80 as to Permit. construction. o . -a. s ng e I amily
residential house within the Non -disturbance Zone in the
d' f... h .. ........ h ... .......
s r c an urt er allow t e Planning Board
to. issue a special -permit.-for-the-proposed. construction
and appurtenant work
................. .......................
......................... ...................... ......
on the premises, located at .... 292 -Salem St.,.Lot..2 ......
..................... ..................
By Order the Board
of of Appeals�
Frank Serio, Jr., Chairman
Publish in N- A. Citizen January 25 and Feb. 1, 1990
Bill to: Robert Olenio, 292 Salem St.
North Andover, MA 01845
iry 25, 1990
LEGAL NOTICE
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
January 22, 1990
Notice is hereby given that the Board of Appeals will
give a hearing at the Town Building, North Andover,
on Tuesday evening the 131h day of February 1990.
at 7,30 o'clock, to all parties interested in the appeal
of Robert & Kathlem.Olenio requesting a variation
of Sec. 4, 135. Parag. 5 (C) & 7 . (c) of the Zoning By
Law so as to Permit construction of a single family
residential house within lh%Non-disturbance Zone in
.the Watershed District andlurther allow the Planning
Board to issue a special parmil for the proposed
construction and appurtenant work on the premises,
located at 292 Salem St., 1,61: 2.
By Order of the
Board of Appea.1s
Frank Seno, Jr.
NAC 1/25 2/1/90 Chairman
North A
ient
rmanent �
another, all the work which hE
gone into the shaping of a perfo
mance is lost The sound is diffo
rent, the acoustics of the hall at
different, perhaps the membei
-PAIL - - — U--- —
4 1990
LEGAL NO-ncE
TOWN OF�ORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
Notice Is hereby give JanuarY22 1990'
n that the Board of Ap *
give a hearing at the Peals wil
Town 131j, ing, North Andover. I
on Tu
a -30
QsdaY evening the 131h day of February 19
t 7.
O'clock. to all Parties 90,
4,_ Of Robe Mt0f8sled in the ap I
111 - n & Kathioen Olenlo requesting,a v pea
Law so 7 (c) Of the Zoning By
as 10 Permit construction Of a single famil
-8c. 4. 135. Parag. 5 (c) ariation
rosidertial h,.t , .
se within the Non -disturbance Zone iny
ti;enw 'Irshed District and I
Board to a urlhar allow the Planning
constructi, _ �11dapspec'al Permit for the proposed
0—
purtanant work on the premises
Ocal9d at 2.,2 ��,Ajm St., Lot 2,
i
B Ord
11-ayd of
FrL k S
C
AC Id5 & 2/11W
North Andover
Zoning Board of Appeals
Top Floor Meeting Room, Town Hall, 120 Main Street, North Andover, MA 01845
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street, Bldg. 20, Suite 2-36
North Andover, Massachusetts 01845
Re: The application of OLENIO, ROBERT & KATHLEEN LT for a(n) Variance to allow Variance
from the Watershed Protection Dictrict'.s Non -Disturbance Zone setback requirements [1990
4.135.5.c & 7.c; 2008 = 4.136.3.c.ii.3.], dated January 19, 1990.
Hearing No 1989-095-1980
February 13, 1990
NORTH ANDOVER Zoning Board of Appeals, hereby certifies that the following is a detailed record of
the board's proceedings and de - cision regarding the above captioned application regarding the property
located at Map='037.D'and Block='0043' which property is affected by this decision.
The above captioned application requests a(n) Variance from 4.136.3.c.ii(3) of the North Andover Code
to allow Variance from the Watershed Protection Dictrict's Non -Disturbance Zone setback requirements
[1990 4.1,35.5.c & 7.c; 2008 4.136.3.c.ii.3.].
A True copy of the application is on file in the Office of the City Clerk.
A notice of public hearing on this application, a true copy of which is on file in the office of the City Clerk
was:
1 Published in the Eagle -Tribune, a newspaper of general circulation in the North Andover on
January 29, 1990 and February 5, 1990.
2. Posted in a conspicuous place in the North Andover on January 29, 1990 which was at least 15
days prior to the hearing; and
3. Mailed, postpaid on January 29, 1990, which is at least 15 days before the hearing, to the
petitioner, abutters, owners of land directly opposite the property in question on any public or
private street or way, abutters to abutters within required feet of the subject property, the
planning boards of the abutting municipalities. The notice was mailed to the names and
addresses shown on the most recent tax list provided by the assessors's office.
The public hearing will be opened on February 13,1990 at ... at which time opportunity will be given to
all those interested in being heard in favor or opposition to the application.
Based on the evidence and testimony presented at the public hearing, the Board made the following
findings that:
GeoTMS@ 2008 Des Lauriers Municipal Solutions, Inc. Page 1 of 2
Any appeal shall be filed with in (20) twenty days after the date of filing this Notice
Town Clerk
GeOTMSO 20018 Des Lauriers Municipal Solutions, Inc.
Page 2 of 2
010,
t Of
C104/7e
ot�ic'
E? of i"31
'0
I- B Lj
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Robert & Kathleen Olenio
292 Salem Street
N. Andover, MA'01845
Re: Extension request
Dear Mr. & Ms. Olenio:
The Board of Appeals held a regular meeting on Tuesday evening, F . ebruary
12, 1991 at which time your letter requesting an extension of Petition
#95-89's deadline was discussed.
Upon a motion made by Mr. Sullivan and seconded by �Ir. Soule, the Board
voted, unanimously, to GRANT a six(6) month extension on Petition 95-89,
covering the period through September 15, 1991 in compliance with
Section 10 of Chapter 40A, Massachusetts General Laws.
Dated this 13th day of February, 1991.
BOARD OF APPEALS
Frank Serio,
Chairman
/awt
on
FEB 1 3
Any appeal sha!l be filed
within (20) d -w-, after the
clate, ci ii"n- of this Notice
ZD
in the Office of. the Town
Clerk.
Robert & K. Olenio
292 Salem St.
N. Andover, MA 01845
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition: #95-89
DECISION
P%
mg 15 11t 51 ri'm 190
The Board of Appeals held a public hearing on Tuesday evening, February 13, 1990
and March 13, 1990 upon the application of Robert & Kathleen Olenio requesting a
variation from the requirements of Section 4.135, Paragraph 5(c) and 7(c) of the
Zoning Bylaw so as to permit construction of a single family residential house
within the Non -disturbance Zone in the Watershed District and further allow the
Planning Board to issue a Special Permit for the proposed construction and
appurtenant work on the premises located at 292 Salem Street. The following
members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson,
Clerk, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the North Andover Citizen on January 25, 1990 and
February 1, 1990 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted,
unanimously, to GRANT the variance subject to the following condition:
1. New residence be connected to town sewer system before
an occupancy permit is issued.
The Board finds that the petitioner has satisfied the provisions.of Section 10,
Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will
not derogate from the intent and purpose of the Zoning Bylaw now will it adversely
affect the neighborhood.
Dated this 14th day of March, 1990.
BOARD OF APPEALS
Frank Serio, Jr.
Chairman
/awt
qp�,,
P,ny cl slia,!l be filed
31tor tile
wifl_�in lis j�otice
d'at'.'
of tj
in tile office 0.t the. jown
Clerk.
'Pro
AFItILYTV
1855
�111'��'. � C
I", �Iiu
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
Robert & Kathleen Olenio
292 Salem St. Date ��k J??0 ...........
N. Andover, MA 01845 Petition No.. . .9.5789 ... ...........
February 13, 1990
Date of Hearing. .114TO. �,. J??0. .
Petition of .... Robert. .&. Xathlee.n .01eniP ................................................
Premises affected .. 292..$41m 5.t. .........................................................
Referring to the above petition for a variation from the requirements of Xhii . S e c t i on .4 � 13 5,,.
Paragraph 5(c) and 7(c) of the Zoning Bylaw
................................................ I ........................................
so as to permit . const.ruction. of a - single I amily. residen.tial. house. within. the.Non--.
disturbance Zone in the Watershed District and further allow the.Planning Board
to -issue - a. Special. Permit . f or. the . proposed . cons.truction. and . appurtenant. wark ......
After a public hearing given on the above date, the Board of Appeals voted to GRANT ...... the
variances
............................ ........ and hereby authorize the Building Inspector to issue a
permit to ... Robert. 0. Kathleen. Olenio ............ .....................................
..... ......
for the construction of the above work, based upon the following conditions:
1. New residence be connected to town sewer sys tem before an occupancy
. permit is issued.
Signed
Frank Serio, Jr.,'C �airman
Augustine Nickerson,.Clerk
..............................
Walter Soule
.................... I ............
Raymond Vivenzio
......................................
.................................
Board of Appeals
OFFICES OF:
BUILDING
CONSERVATION
HEALTH
PLANNING
TO
FROM
DATE
RE
Town of
NORTH ANDOVER
CH DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
: North Andover Zoning Board of Appeals
North Andover Planning Board
: Richard Doucette, Conservation Administrator
: February 12, 1990
: Lot 2 Salem Street
120 Main Street
North Andover
Massachusetts 0 1845
(508) 682-6483
I have recently reviewed the plans before your respective Boards
for Lot 2 Salem St. This proposed project is within 1001 of a
wetland resource area that is a tributary to Lake Cochichewick.
Please consider the following information when reviewing this
house construction:
1. The plans submitted (dated Nov. 2, 1989) show wetland
resource areas as approved by the Conservation Commission a few
months ago. In some areas, this wetland line is indicated by a
cross -hatched area and is shown on the legend as "North Andover
Conservation Commission Wetlands". The wetland system is one
wetland. There is no "Conservation Commission" wetland on site.
If there is a dispute as to the exact wetland line, this should
be addressed in the appropriate manner and not by presenting
confusing plans to Town Boards. If these plans are submitted to
the Conservation commission I will recommend that they be
rejected as unacceptable. I make the same recommendation to you.
2. Due to the extremely sensitive nature of the wetlands on
site, as a tributary to Lake Cochichewick, I will recommend to
all Town Boards that the following restrictions be placed on this
lot by whatever board(s) feel it is within their jurisdiction to
do so. These conditions should be implemented as permanent deed
restrictions running with the property's title.
(a) Herbicides and pesticides shall be prohibited on this lot.
(b) Use of fertilizers should be kept to an absolute minimum and
should be of low nitrogen and low phosphorous content.
(c) The wetlands portion of the property shall be protected by a
permanent conservation restriction.
Please also note that Section 4.135 7(d)II of the Zoning Bylaw
requires the submittal of information pertaining to
"concentrations of nitrogen, phosphorous and other relevant
chemicals at property boundaries" as a result of the proposed
project. This information should be provided as part of any such
submittal.
CC : Karen H.P. Nelson
.. so
Re ci�4 9*f.i by' Tqw n C I e r k
Date- TOWN OF NORTH ANDOVER� MASSACHUSETTS
BOARD -OF APPEALS
Time.
14U
No t i ce T.hi s appli cation must be typewri tten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZO t4wo 57
RDI14ANCE
Applicant Robert and Kathlene olenio Address 292 Salem St. North Andover MA
1. Application is hereby made
(a) For a variance from the requirements of Sect ion 4.135Paragraph 5(c)&7(c)
and, Tab -le I - of the� Zoning By-Law.s-.-,�-
(b) For a Special Permit under Section Paragraph of the
Zoning By -Laws.
(c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority.
2., (a) Premises affected are land x and building(s) numbered
-292 Salem St., Lot #2 -Street.
b Premises affected are property with frontage on the North ( x
South East West side of Salem Street
Street, and known as No. Lot #2 2 9 2 .Street.
Salem Street
(c) Premises affected are in Zoning District _1�-3 and Watershed District
/and the premises
affected have an area of 25 ' 000 ,square feet and frontage of
191.00 square feet.
3. Ownership
(a) Name and address of owner (if joint ownership, give all names):
Robert A. Olenio and Kathleen T. Olenio
Date of purchase July 13, 1960 -Previ-ou*s- Ow.n`eir.' Benjamin Miller,. Trustee
(b) If applicant is not owner, check his interest in the premises:
Prospective Purchaser : _ Lesee,.,. Other (explain)
4. Size of proposed bu,ilding: 601 front; 26-36 feet deep;
el `§Fh t 2 stories 301± feet.
( a ) Approximate date of erection: Spring 1990
(b) Occupancy or use of each floor—: Residential
(c) Type of construction.: Wood framed - Colonial Exterior
5. Si ze of exi sting bui I di ng None feet front; feet deep
Hei ght stori es feet.
(a) Approximate date of erection N/A
(b) Occupancy or use of each floor:
(c) Type of construction
6. Has there b,een a previous appeal , under zoning, on these premises? No
If: �so , when ?
7. Description of relief sought on this petition— Permission to construct a
single family residential house within the Non -Disturbance Zone in the
Watershed District and to further allow the Planning Board to issue a
special permit for the proposed construction and appurtenant work.
8. Deed recorded in'the Registry of Deeds in Book 895 Page 250 or
Land'�,Comrt Certificate No. Book --Page
I
The principal'pointS upon which I base my application are as follows:
(Must be.stated in detail)
See narrative attached.
I agree to pay for
advertising in newspaper
and incidental
expenses*
_Pe t i t �jo n e �Y'
s _Si n �at u, r�e
Sec. 1 APPLICATION FORM
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 in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescri bed.
Every application shall be submitted with a list of "Parties in
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 of the property
on the most recent applicable
line of the petitioner as they appear nd of any such owner is located
tax list, notwithstanding that the la
in another city or town, the Planning Board of the c'ity 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 respon
4k"i FrNw- ;4n and all costs involved in bringing the petition before -
I the Board. Such costs shall include I
I
.ricit- necess"aYll��56�� t �ot h �es E
LIST OF PARTIES IN
am e
David and Franci.ne Pickles
Dominic and Ruth Giarrusso
Rene and Mark Fugere
Harry Bourquin
Josephine Cristaldo
Gary Sciarappa and Cathy Lorwdon
George and Elaine Reich
John P. and Caroline E. McLaughlin
Joseph and Angela Cavallaro
Joseph and Eliz-abeth-Slowick
Thomas E. Neve Associates, Inc.
I14TEREST
Address
3 2 Buco Avenue, Methuen,.MA 01844 1
318 Salem Street, N. Andover -MA 018451
202 Marbleridge Road, N.Andover. MA 0184
200 Marbleridge Road, N.Andover MA 01845
14 Appleton Street, N..Andover MA 01845
201 Marbleridge Road, N. Anaover MA 0184
284 . Salem Street, N. Andover MA 0AA5
327 Salem Street, N. Andover MA 01845
240 Marbleridge Road, N. Andover MA01845
315 Salem Street,N. Andover -MA 01845 ..
rp Cp cl, _MA. 0 19 8 3
447 01-a Boston'Roady
THIS LIST OF PARTIES OF INTEREST
CERTIFIED ON
BY:
(Use additional sheets if necessary)
a
Narrative to Accompany an Application to, the Zoning Board of
Appeals
Robert and Kathleen Olenio have lived at their home at 292 Salem
Road for nearly 30 years. The Zoning District in which they live
is R-3. The lot they purchased was 57,816 square feet and has
455.78 feet of frontage on Salem Street and Marbleridge Road. On
August 22, 1989 Thomas E. Neve Associates, Inc. from Topsfield
prepared a plan which divided this parcel into two lots. Lot #1
having 264.78 feet of frontage and 32,816 square feet (99% of the
land being high, dry land). Lot #2 having 191.00 feet of frontage
and containing 25,000 square feet (76% of the land being high, dry
land). A tributary (Brook) flows through the property which
eventually discharges into Lake Cochichewick some 36001 ±
downstream. There is a small band of Bordering Vegetated Wetland
which is adjacent to the Brook.
The Proposal
Robert and Kathleen Olenio are now retired and their son, his wife
and their children are prepared to build a new house on Lot #2.
The Olenio's have always realized that they had enough land to
divide of f a lot for their son. Robert Jr. always contemplated
building a house near Mom and Dad with his children.
The proposal is to build a 3 bedroom dwelling on this lot. The
dwelling is small and compact and has been located on the lot at
the minimum frontline and sideline setback; at a location
furthermost from the wetlands and the brook.
The topography is gently sloping from Right to Left at a grade
averaging 10%. A home was selected which provides living space
over a garage in order to minimize the.footprint of the building
on the land. A minimum amount of regarding (about 6000 sf) will
be required to construct the building and driveway. soil regarding
depths will average about two feet, very manageable. The closest
regrading will occur within 18 feet of the wetland and about 35
feet from the brook. In order to eliminate any possibility for
soil material to migrate to the wetlands and to the brook the
applicant will install a continuous row of staked hay bales around
the construction site. This erosion control device will be
installed prior to any construction on the site, shall be
maintained throughout the duration of the project and shall be
removed once a stable turf is established on all altered areas.
The driveway has been located at the extreme right side of the lot,
further away from the wetlands. The entrance for the driveway is
where there is an existing break in the wall where an old wood road
entrance previously was. There will be overhead electric provided
and underground water. The Olenio's will install 260 feet of new
sewerage from Marbleridge Road to the front of the proposed
building. The applicant will install a manhole at the end of this
now sewer so that future sewerage could be extended beyond this
point up Salem Street to some un-sewered areas.
It is my professional opinion based on my education. (Masters
Degree in Environmental/Civil Engineering), my training (12 years
of intensive experience in land development design) and my
background that this project as designed will cause no impact on
the quality of water in the watershed. This project is not at all
aggressive, has been designed incorporating minimum setback
limitations and provides the latest, proven effective, methods of
environmental protection known.
Thomas E. Neve, P.E., P.L.S.
President, Thomas E. Neve Associates, Inc.
LEGAL POSITION
The applicants also believe that they meet the legal
requirements of the By -Law and M.G.L. Chapter 40A Section 11 for
the granting of a variance. Unquestionably, the brook which
exists on the property is a circumstance especially affecting
the topography of this lot which does not generally effect lots
within an R-3 District and Watershed District. Because of the
topographic condition relating to the brook, a literal
enforcement of the by-law would involve substantial hardship to
the applicants, as an otherwise conforming lot would be rendered
unbuildable. As single family dwellings are an allowed use in
R-3 District and,the Watershed District, to deny the applicant a
variance would result in the applicants' being unable to use
their property in a manner otherwise allowed by the zoning by
law. The courts, in the case of Guiragossian v. Board of_
Appeals, 21 Mass.App.Ct.11 (1985) and Paulding v. Bruins, 18
Mass.App.Ct.707 (1984) have held that statutory hardship is
present in instances where a landowner cannot make use of his
property for purposes or in a manner allowed by local
ordinance. In the instant case, there would be substantial
hardship to the applicants.
The applicants also believe that the variance can be
granted without substantial detriment to the public good, as the
design of the proposed dwelling, the controls to be imposed
during construction and the minimum amount of regrading involved
will result in no impact on the quality of water in the
watershed. The intent of the by -aw, in protecting and
preserving the quality of water in the watershed, will not be
nullified or substantially derogated, as the integrity of the
wetland areas will not be impacted by the proposed project.
The appellants believe, therefore, that having met the
statutory requirements, the Board should vote to grant the
requested variance. The Board can be assured that both the
Conservation Commission through an Order of Conditions, and the
Planning Board, as the Special Permit granting authority
regarding the Watershed Protection District, can impose such
conditions on the construction of the dwelling and the regrading
so as to insure the integrity of the watershed district.
AORTH
0
16.
3ACHU0
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
ie- Sj-"
Dear Applicant:
A -4
Date: A!r" /4 10
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit for the following:
Filing Fee $
Postage * $ � I
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
Audrey W. Taylor, Clerk
M41P 3 7, D
349