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HomeMy WebLinkAboutMiscellaneous - 292 SALEM STREET 4/30/2018 (3)c') b '>n 6 rm- In m C� m LEGAL N(Y'hCE TOWN OF NORTH ANDOVER WARD OF APPEALS January 22, 1991 Notice Is harobygivon that the Board of Appeals will give a hearing w the Town Building. North on Tuesday evej�ilng the 121h day of Febru J at 7-30 O'clock, to all parties interested In the appeal of Rollowl & YaUeenOtenilo fecluestIng a variation c Sec. 4.135, Para. 5 (c) & 7 (c) of the Zoning By La so as to permit construction of single family reside lial house within the Non -Disturbance Zone In Walorshed Dislrlct. on the promises. localed at t, - 292 Salem Street. By Order of the Board of Al Frank Serio, Jr., Ch NAC : 1/30/91, 2/6191 1 -THOMAS E. NEVE ASSOCIATES, INC. Engineers - Land Surveyors - Land Use Planners 447 Boston Street US Route #1 TOPSFIELD, MASSACHUSETTS 01983 (508) 887-8586 FAX (508) 887-3480 TO Z4�)NIAJC7- &o*PO OF Toaw h1WLL_ _V6X-77V- Aq4q"1ej A4SS - [LIEVUEEM (01F IMUZONDUUM DATEjt)L_� JOB NO. 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TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD -OF APPEALS Time: Notice: This application must be typewritten APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Robert and Kathlene Olenio Address 292 Salem St. Nort� Andover MJ 1. Application is hereby made (a) For a variance from the requirements Of Section 4.135Paragraph 5(c)&7(c,' and,Table 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 decis ion made by the Building Inspector or other authority. 2. (a) Premises affected are land x and building(s)_ numbered 292 Salem St., Lot #?,_ Street. (b) Premises affected are property With frontage on the North ( x South ( East ( W est ( ) side of Salem Street S,treet,.and known as No. Lot 42 �- 222 Salem Street Street. (c) Premises affected are in Zoning District _R-3 ar Watershed District A,d,And the premises affected have an area Of 25 000 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 Previous -Ow— Benjamin Miller, Trustee (b) If applicant is not owner, check his interest in tne prem'ises: Prospective Purchaser . ... . Lesee.. Other (explain) 4. Size of proposed building: 601 front; 26-36 feet deep; Height: 2 stories; 301± feet. a Approximate date of erection: Spring 1990 b Occupancy or use of each floor:- Residential --------------------- (c) I �� I I I --------- I I n. Wood f ra-me—d----cr-o--Il-o--n-ii--a-ll--Ev-x—At-e--r---i-o-r------�. 5. Size of existing building: None feet front; feet dee Height: stories;. feet. P; (a) Approximate date of erection N/A (b) Occupancy or use of each floor: (c) Type of construction: 6. Has there been a previous appeal, under zo . ning, on these premises? No If so, when? 7. Description of relief sought on this petition Permission i to construct a single family residential house -within the Non-Di-sturbance Zone in the Watershed District and to further allow the Planning Board to issue a special perE17 for th—epropose construction and appurtenant wori. — 8. Deed . recorded in the Registry Of Deeds in Book 895 ' Page 250 or Land',Court 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. agree to pay for advertising in newspaper and incidental expenses* a2L I /I ,�_ - w lo, - , I - - - titioner, Signature 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 prescribed. 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 line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is loca*ted 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- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and are -not jecezisaellk Ilm— Rublisation. but I 'Lea to these. LIST OF PARTIES IN I14TEREST Name If X4C_X( Address D Prcult.;.L Dominic and Ruth Giarrusso Rene and Mark Fugere Harry Bourquin 4e0406 Aze"V-7-r-77R,4 rr edbiq fiowd:uTr George and Elaine Reich John P. and Caroline E. McLaughlin Joseph and Angela Cavallaro Joseph and Elizabeth Slowick Thomas E. Neve Associates, Inc. jfeliqO �117��PA $ZA(Wo _,q/ - __ ­�0&1""r­ Ap&-CMEW 318 Salem Stre N. An ver MA 018451" 202 Marbleridge Road, N.Andover MA'0184 200 Marbleridge Road, N.AndoverMA 0184� 14 Appleton Street, N. Andover MA 01845 201 Marbleridge Road, N. Anaover MA 0184 284 Salem Street, N. Andover MA 01845 327 Salem Street, N. Andover MA 01845 240 Marbleridge Road, N. Andover MA01845 315 Salem Street,N. Andover MA 01845 447 Old Boston Road, Topsfield'MA-01983 0,4P ZJ2'V7;Y 7�e, E /;-O(y �7-. (Use additional sheets if necessary) I The principal points upon which I base my application are as follows: (Must be.stated in detail) See narrative attached. agree to pay for advertising in newspaper and incidental expenses* Pet itioner's Signature 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 Prescribed. 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 tax list, notwithstanding that the la line of the petitioner as they appear on the most recent applicable nd of any such owner i s loca'ted' 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 respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and PublizAtion, but are- "Ot flecessar"i ly I Hol ted to these. LIST OF PARTIES IN I14TEREST Name David and Francine Pickles Dominic and Ruth Giarrusso Rene and Mark Fugere Harry Bourquin Josephine Cristaldo Gary Sciarappa and Cathy Lowdon George and Elaine Reich John P. and Caroline E. McLaughlin Joseph and Angela Cavallaro Joseph and Elizabeth Slowick Thomas E. Neve' Associates, Inc. Address 32 Buco Avenue, Methuen, MA 01844 1 318 Salem Street, N. Andover MA 018451 202 Marbleridge Road, N.Andover MA'0184 200 Marbleridge Road, N.AndoverMA 01845 14 Appleton Street, N. Andover MA 01845 201 Marbleridge Road, N Anaover MA 0184 284 Salem Street, N. Andover MA 01845 327 Salem Street, N. Andover MA 01845 240 Marbleridge Road, N. Andover MAO.1845 315 Salem Street,N. Andover MA 01845 447 Old Boston Road, Topsfield*MA 01983 (Use additional sheets if necessary) . -I I I 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 Vegetate I d 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 off 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 new 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 ray 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 effectivel methods of environmental protection known. Thomas E. Neve, P.E.1 P.L.S. ociates, Presidentl Thomas E. Neve Ass 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 Apneals, 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. 6A J% Aram?" J* 0I be filed _Q" n CHWO ' P.ny A, P':1al shell after the trj 51 witiIin r/.0) ft';'s t1is Notice WORTH ANDOVER j *ng of t TOWN OF &tice 01 the. jovn MASSACHUSETTS In th Clerk. BOARD OF APPEALS NOTICE OF DECISION Robert & Kathleen Olenio Date ..M4rch..1A,..19901 .......... 292 Salem St. N. Andover,, MA 01845 Petition No... 9.5.-89 .... February iif*i��o Date of Hearing . M4 T qb - - 1? 9 P. - Petition of .... 401PM A AkItIhIM QTIPP�R ................................................ Promises affected . . 292..$41eia. $.t ......................................................... Referring to the above petition for a variation from the requirements of IM Sectlion .4.135.. Paragraph 5(c) and 7(c) of the Zoning Bylaw .......................................................................................... so as to permit construction. of a. single I amily. xes idential.bousp- within. the Non.-. disturbance Zone in the Watershed District and further allow the Planning Boar� to Issue a. Special - Pexmit - f or. the. proposed -construction. and. appurtenant. work ...... After a public hearing given on the above date, the Board of Appeals voted to GRANT ...... the var.iances .............................. and hereby authorize the Building Inspector to issue a permit to . . Ubgrt. A. A4019AA P140iP .................................................. for the construction of the above work, based upon the following conditions: 1. New residence be connected to town sewer system before an occupancy permit is issued. Signed oFr"a n k _S Zer io"o 1,6 �J �r. -C 21 r i: .. ........................................ Augustine Nickerson,.Clerk .......................................... Walter Soule . ....................................... Raymond Vivenzio ...................................... ................................. MEAD MA a 16 i9m Board of Appeals 292 Salem Street North Andover, MA 01845 January 10, 1991 North Andover Board of Appeals Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Scrio: Last March 14, 1990 1 received a variance #95-89 (copy attached) to allow house construction on my Lot 2 on Salem Street. After m=ipt of the variance, I applied for and received favorable decisions from the Conservation Commission on May 16, 1990 and the Planning Board on June 29, 1990. All of these decisions required that I have a sewer installed from Marbleridge Road up Salem Street to service the house. Three hundred seventy feet of sewer was installed and accepted by the town on October 10, 1990. Water service was also installed across Salem Street to the lot line. The intent of all this effort was so that my son could build himself a new home next to mine. He currently owns a house on Forest Street, which has been on the market since last July, but so far has not sold. As YOU know, the current real estate market is very bad a nd the prospects for selling his house in the immediate future are poor. He has assured me that he will, however, keep the house on the market until it sells! Therefore, I am requesting that my variance #95-89 have its deadline extended for an additional year, or another variance the same as #95-89 be granted for a year. If you need additional information, please call me at 682-1266. Thank you, Robert A. Olenio RAQ/hd a Robert and Kathleen Olenio 292 Salem Street North Andover, MA 01845 (508) 682-1266 January 21, 1991 -Board of Appeals Town Hall North Andover, MA 01845 Re: 292 Salem Street - Lot #2 Request for new Variance Dear Board Members On March 14, 1990 your Board issued a Notice of Decision varying the requirements of Section 4.135 particularly Paragraphs 5(C) and 7(C) of the Zoning By -Law. Following that decision we were "allowed" to pursue a Special Permit from the Planning Board and an Order of Conditions from the Conservation Commission together granting permission to develop the lot. The Planning Board issued a Special Permit on June 29, 1990. The Conservation Commission issued their Order of Conditions on May 16, 1990. Find attached copies of my December 29, 1990 letter to Mr. Chris Huntress, Town Planner, and his reply to me dated January 2, 1991. From careful review of the circumstances it is essential that your Board grant another variance allowing us to move forward within the time periods allowed by the other permits. The Planning Board decision is valid until June 29, 1992. The Conservation, State side, of the permit is valid until May 16, 1993. The Conservation, Town side, of the Permit is valid only until May 16, 1991 with one year extensions available upon request. As you can imagine a vote not to grant the variance will create substantial hardship, financial and otherwise and would furthermore prevent us from exercising our lawful rights under the other Town Permits already issued. Find attached a complete application with the $25.00 filing fee. My son will be at your Public Meeting scheduled for February 12, 1991 to elaborate on our request if necessary. We thank you in advance for your consideration. Ve_ truly y S, / . zly obert and Kathleen olenio .. . I I Any appeal shall be Wei Within (20) (',�tvs 1,.!, date of filing,of t1lis N.Otice the Office of the Town Clerk. Robert Olenio 292 Salem St. N. Andover, MA 01845 Yo A"KIrl N;. - TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION FR lop') :�14' Date . .�0�Y�TY. A� i . P91 ........ Petition No.. . . l�791 ............ Date of Hearing. Fe�rV41ry. .1.2., . 1991 Petition of ... LRQ be T 1 qe )Pi 9 ........................................................... Premim affec ... 2 ... alem. S�t.reet .... ............................................... Referring to the above petition for a variation from the requirements of Aha Sec t ion. A .. 135.. Paragraph. 5 (c.). and. T(c.). of. the. Zoning. Bylaw ......... I .................................. so as to permit construction. of. a single..family. mesidence. mithin. the Non-D:Lsturbance Zone-in-the-Watersh,ed.DistrzLet ...................................................... After a public hearing given on the above date, the Board of Appeals voted to ALLOW.THE. . IhK PETITIONER-TO.WITHDRAW..WITHOUT.- PREJUDICE ......................... I ............ s ............................... FKIF-K-U, -i =5 i �-)Mrlrt-,MT =R. . , 1. - IM7,71 =3771 Signed4 FTjp�. 5.erio,.Jr...,..'hairma.n ........ . I ..... William Sullivan.,. YiCe7f-hAi.rman. . . . . Yalter. $�Qule,. Cl�exk ............. .... Jobr).Pal.lone ........... ........ Robert.Ford .......... .......... Board of Appeals .1., 1 ;- 0 C3 Of he the Ott. f ICB CIL Of t6L Robert & Kathleen Olenio 292.Salem Street N. Andover, MA 01845 Re: Extension request Dear Mr. & Ms. Olenio: TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS fEB 1.1 111 22 The Board of Appeals held a regular meeting on Tuesday evening, February 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 Mr. 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 ,' . � 9 .0 Frank S�rio, Jd'. Chairman /awt August 6, 1992 Zoning Board of Appeals Town Hall North Andover, Ma. 01845 Re- Petition No. 167-90, Robert and Kathleen Olenio, 292 Salem Street - Watershed Variance I Dear Board Members: On August 27, 1991 your Board granted a Variance on the above referenced lot from the requirements of section 4.135, paragraphs 5(c) and 7(c). The variance was granted subject to the dwelling being connected to the Town sewer system. Since that date the Olenio's have installed an extension to the sewer system so that the lot could be served, at the own expense. You may recall that their son, Bob is going to build his house on this lot. Bob currently resides in North Andover and has been unsuccessful in selling his present home. He has had offers but no sale. At this time we ask that your Board consider granting a six(6) month extension to the variance hopes that it will be sufficient time for Bob to sell his house and begin construction on this lot. I thankyou, in advance, for your continued patience and cooperation.. Bob will be at you next meeting scheduled for Tuesday, August 11, 1992, to further discuss this request, if necessary. i Very truly yours: for t h e 0 le n i o's,- Thomas E. Neve, P.E., P.L.S. President cc. Mr. and Mrs. Robert Olenio ENGINEERS - 44 Old Boston Road (508) 887-8586 INC. LAND SURVEYORS U.S. Route #1 0 W I IL ,BOARD OF APPEALS e LAND USE PLANNERS * Topsfield, MA 01983 FAX (508) 887-3480 Any appeal shall be filed within (20) days after the date of ftiing of this Notice in the Office of the Town Clerk. Robert & Kathleen Olenio 292 Salem Street North Andover, MA 01845 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: #167-90 DECISION The Board of Appeals held a public hearing on Tuesday evening, August 13, 1991 upon the application of Robert and Kathleen Olenio requesting a variartion from the requirements of Section 4.135, Paragraph 5(c) and 7(c) of thel,Zoning Bylaw so as to permit construction of single family residential house within the Non- disturbance Zone in the Watershed District located at 292 Salem Street. The following members were present and -voting: William Sullivan, Vice -Chairman, Raymond Vivenzio, Anna O'Connor, Louis Rissin and Robert Ford. The hearing was advertised in the North Andover Citizen on July 31 and August 7, 1991 and all abutters were notified by regular mail. Upon motion by Mrs. O'Connor and second by Mr. Vivenzio ' the Board voted 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 nor will it adversely affect the neighborhood. Dated this 27th day of August 1991 BOARD OF APPEALS rank Serio, Jr., Chairman FS/lad Any appeal shall 'be filed within (20) days af ter the Ar"ILM On date of fi'Ing of this Notice CHU in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOAP.D OF APPEALS NOTICE OF DECISION Date .... August .2 7,. 19.9.1 ALP .... Robert & Kathleen Olenio 292 Salem Street North Andover, MA 01845 Petition No.,. . -167-r90 .............. Date of Hearing. . -Augu�;.t� .13,. 199.1 Petition of ... Robert. and. Kathleen. OleniQ ........................ Premises affected ... 2-9.2.Salem.Street .......... ......................................... Referring to the above petition for a variation from the requirements Of the S e c t ion .4. 13 5 Paragraph . 5 (c). and . 7 (c). of . the. Zoning. Bylaw .......... ........................... so as to permit . construction of single family. r.esidentlal.bouse. witbiu. the Non-. disturbance Zone in the Water shed -District. . ........................................................... i ........................... After a public hearing given on the above date, the Board of Appeals voted to . -GRANT.... � the' —variance ............................ and hereby authorize the Building Inspector to issue a Permit to Robert. and -Kathleen -Olenio ............ ........ . for the construction of the above work, based upon the following conditions: 1. New residence be connected to town sewer system before an occupancy permit is issued. Signed 1?r.a.nk.Serio,,. Jr. PhP44�/-Ix ......... ........................ Ann.a. Q'.CQT1nP.K ................................. Board of Appeals C L- i— D -Vi IAORTH lnftl -- - i, K '6, 4,0 A�L',,AYER 6 N AUG 21 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Robert & Kathleen Olenio 282 Salem Street North Andover, MA 01845 Re: Petition 4167-90/Extension request Dear Mr. & Mrs. Olenio: The Board of Appeals held a regular meeting on Tuesday evening, August 11, 1992 at which time your letter requesting an extension of Petition #167-90 was discussed. Upon a motion made by Mr. vivenzio and seconded by Mr. Sullivan, the Board voted, unanimously, to GRANT a six (6) month extension on Petition #167-90, covering the period through February 271 1993 in compliance with Section 10 of Chapter 40A, Massachusetts General Laws. Dated this 18th day of August, 1992. BOARD OF APPEALS 4 4j rank S6rio, �jx'-. Chairman h�- 6 f.t i5 HIJAKU Ur AFFEALZ July 29 NOTICE Notice Is hereby given that the Board of Appea July 29, 1991 give a hearing at the Town Building. North Andover. -t Notice Is hereby given that the Board of Appeals will on Tuesday evening the 13th day of August 1991. so give a hearing at the Town Building, North Andover, 7:30 o'clocK to all parties Interested In the appeal ol on Tuesday evening the 13th day of August 1991, at Robert & Kathileen Olenlo requesting a variation of 7,30 o'clock, to all parties interested in the appeal of Sec. 4.135, Para. 5(c) & 7(c) of the Zoning By Law so Robert & Katlgeen Olerdo requesting a variation of as to permit construction of,& single faftly rosfde!i!la! Sec. 4.135, Para. 5(c) & 7(c) of the Zoning By Law so houselwIth In the- Non -Disturbance 2one"InAhbyr� as to permit construction of a single family residential AMALT" OPS house within the Non -Disturbance Zone in the 292 Salem St. By Order of the Board of Watershed District on the promises, located at Lot 2. 292 Salem St. Fr k Jr, ChaJrrrm. By Order of the Board of Appeals TOWN OF NORTH ANDOVER C: 7/31.*8/7/91 MASSACHUSETTS NAC: 7/31. 817/91 BOARD OF APPEALS NOTICE July..29,..19.91 ........... Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. - Tuesday. evening ......... the 1-3 day Of August ............. -3o)'clock, to all parties interested in the appeal of 19. 91, at7. Robert & Kathleen Olenio ............................................... Sec.A...135, Para. requesting a variation of ............... of the Zoning 5(c) & 7(c) By Law so as to permit ................................... construction of a single.family..:I�q�idential house ....................... ............... within the Non -Disturbance Zone in the Watershed ...................................................... Di.s.t.r i c t ............................................. ......................... ............................ nn thp nrAirn;P.PA lrm-AfM qt Lot 2. 292 Salem St. h�- 6 f.t i5 HIJAKU Ur AFFEALZ July 29 NOTICE Notice Is hereby given that the Board of Appea July 29, 1991 give a hearing at the Town Building. North Andover. -t Notice Is hereby given that the Board of Appeals will on Tuesday evening the 13th day of August 1991. so give a hearing at the Town Building, North Andover, 7:30 o'clocK to all parties Interested In the appeal ol on Tuesday evening the 13th day of August 1991, at Robert & Kathileen Olenlo requesting a variation of 7,30 o'clock, to all parties interested in the appeal of Sec. 4.135, Para. 5(c) & 7(c) of the Zoning By Law so Robert & Katlgeen Olerdo requesting a variation of as to permit construction of,& single faftly rosfde!i!la! Sec. 4.135, Para. 5(c) & 7(c) of the Zoning By Law so houselwIth In the- Non -Disturbance 2one"InAhbyr� as to permit construction of a single family residential Watershed District on the prwrfteo� WAW al Lo� house within the Non -Disturbance Zone in the 292 Salem St. By Order of the Board of Watershed District on the promises, located at Lot 2. 292 Salem St. Fr k Jr, ChaJrrrm. By Order of the Board of Appeals C: 7/31.*8/7/91 Frank Serio, Jr., Chairman NAC: 7/31. 817/91 -.cefv9'd'dy. Tc�wn Clerk a te.- TOWN OF NORTH ANDOVER, MASSACHUSETTS . ................. -OF APPEALS BOARD ime, Notice: This application must be typewritten APPLICATION FOR RELIEF FkOM THE REQUIREMENTS OF THE ZONING ORDINANCE )Plicant Robert and Kathlene Olenio Application is hereby made Hu I Address 292 Salem St. North Andover M' (a) For a variance from the requirements of Section 4.135Paragraph 5(c)&7(c: with frontage on the North ( X) and -Table of the- Zoning By-Law.s,...... East ( West ( (b)' ior a Special Permit under Section Paragraph I Of t No. Lot #2.-�- 222 Salem Street street. Zoning By -Laws. (c) As a party aggrieved, for review of a decision made by the Bui4di in Zoning Inspector or other authority. 00 have an area (a) Premises affected are land___&_ and building($) numberud- ' feet. _,square .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.-�- 222 Salem Street street. Watershed District (c) Premises affected are in Zoning District R-3 andAnd the premises affected have an area of 25,000 feet and frontage of 191.00 square ' feet. _,square Ownership (a) Hame and address of owner (if joint ownership, give all names): .Robert A. Olenio and Kathleen T. Olenio Date of purchase July 13, 1960 Previous. Ow6er Benjamin Miller, Trustee (b) If applicant is not owner,, check his interest In tne premises: Prospective Purchaser Lesee. Other (explain) Size of proposed building: 60' front; 26-36 feet deep; 'He i gh t: 2 stories; 301 t —feet.. �a� Approximate date of erection: - b Occupancy or use of each flool7i; 1990 (c) Type of const'ruction; Wood framed - Colonial Exterior 5. Size of existing building: None feet front; feet deep; Height: stories;. feet. (a) Approximate date of erection: N/A (b) Occupancy or use of each floor: (c) Type of construction: Has there been 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'.Court 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. 1b I agree to pay for advertising in newspaper and incidental expenses* Z-1 4 Petitioner's Signature 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 prescribed. Every application shall be su Witted 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 line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is loca'ted 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 respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publirat on, but -7— are-not iiect::i:iar1lY infited to hese. LIST OF PARTIES IN IWTEREST Name David and Francine Pickles Dominic and Ruth Giarrusso Rene and Mark Fugere Harry Bourquin Josephine Cristaldo Gary Sciarappa and Cathy Lawdon George and Elaine Reich John P. and Caroline E. McLaughlin Joseph and Angela Cavallaro Joseph and Elizabeth Slowick Thomas E. Neve Associates, Inc. Address 32 Buco Avenue, Methuen, MA 01844 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 01*845 327 Salem Street, N. Andover MA 01845 240 Marbleridge Road, N. Andover MA01845 315 Salem Street,N. Andover mA 01845 447 Old Boston Road, Topsfield'MA 01983 (Use additional sheets if necessary) 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. 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 off 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 se'%,.back; 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 V building. The applicant will install a manhole at the end of this new 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 latesto 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 X.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 ,ihe.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,Guiraaossian 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 I will result in no impact on the quality Of water in the watershed. The intent of the by -awl in protecting and pres erving 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. 61 AMY be Jiled after tlie witilin d t of ti.lis Notice a 0 'J Ice ot the. lown In the Oft Clerk. -- " 11 Q NOTICE OF DECISION Robert & Kathleen Olenio Date �A-.J??P� .......... 292 Salem St. N. Andover, MA 01845 Petition No.. .............. February 13, 1990 Date of Hearizig. X4Trrb. 9-. Petition of .... 4Qbf:rp. .4. K4thJeje.r% QJP'PxP ................................................ Premises affected S -t ......................................................... .P a# .4.135.. gor&g to the above petition qr & Variation from the requirements of Sectipix Paragraph 5(c) and 7(c) of the Zoning Bylaw ........................................ ... ............................................ so" to permit . construction. of a. single I amilY xesideatial -bouse. within. the -Nonr-. disturbance Zone in the Watershed District and further allow the Planning Board to Issue -a -Spec jai. permit. f or. the. proposed - construc t ion and - appurtenant -work ...... . After & 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 .1 ....................... permit to ... ]Ko�ort. 4J;4tb10ftA.Q190i9 .................................................. for the coutruction of the above work, based upon the following conditions: 1. New res . idence be connected to town sewer system before an occupancy permit is issued. S4ned ZA ; I �Se r i o"d,j r 'C �8irman .. ........................................ ine Nickerson. Clerk ........ A4ust ............................ waiter Soule ................ . ....................... ..... "Y"n.d..Vivenzi.o ............... 0: tit TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD QF APPEM NOTICE OF DECISION Robert & Kathleen Olenio Date �A-.J??P� .......... 292 Salem St. N. Andover, MA 01845 Petition No.. .............. February 13, 1990 Date of Hearizig. X4Trrb. 9-. Petition of .... 4Qbf:rp. .4. K4thJeje.r% QJP'PxP ................................................ Premises affected S -t ......................................................... .P a# .4.135.. gor&g to the above petition qr & Variation from the requirements of Sectipix Paragraph 5(c) and 7(c) of the Zoning Bylaw ........................................ ... ............................................ so" to permit . construction. of a. single I amilY xesideatial -bouse. within. the -Nonr-. disturbance Zone in the Watershed District and further allow the Planning Board to Issue -a -Spec jai. permit. f or. the. proposed - construc t ion and - appurtenant -work ...... . After & 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 .1 ....................... permit to ... ]Ko�ort. 4J;4tb10ftA.Q190i9 .................................................. for the coutruction of the above work, based upon the following conditions: 1. New res . idence be connected to town sewer system before an occupancy permit is issued. S4ned ZA ; I �Se r i o"d,j r 'C �8irman .. ........................................ ine Nickerson. Clerk ........ A4ust ............................ waiter Soule ................ . ....................... ..... "Y"n.d..Vivenzi.o ............... e4r-a hi4n-1rw-a '- ;r-: 4tlP -W-9 A' -t A -0-Y M � J- A/ 07 -6 .4" re 4y . 7�7 -Ir &A c/a.,7'ef '00" 7�1 46 4o at 000lr ocplo yo 4w at b �4(4 #41e� a* J7 JA Ile 'r 7 e e '09, /oil tl*v ,,e e � olo 4j f Aed � e.1,0sw *<,#A -e 7% e- div e&4**7 ie*7 V6 WA 704,e-oJ1,**i 7% c i -1�ek" h4Y c ieeh i, a/.e c/ PJj A4 -e e � i A IJ 2. 7/7) 11,7 le A�o o eip C .4 J a ov 41f oe 4AIf�pro F9) Ile,, P 4,f lo d il 4�� o; Aso i 71ow *I voP VA -S.2 7) dorvle,) 141� mo 40 , 400PAP �4,J '�ee-07 /,Vs 041 7e .74- ot e e. e r p ar OIM) # F111 7504w Se&Ve., 1jjj-1,a11,c,11q4j piled' .0,�, L ;J4 Jf4 44 4 a &I I 4kne ef #4;�Ioll jf4 A. rd Cc 4.&1 .0. A di -e 4o,�,e v C/ A/eov-o revlekJ 'o de to e- e t 41,e -1-4,e PSI ..Pleaa -c -A- OJ I// J_e&a. bs q 119 ., jo oe .e L14 le, -7 e -r., le A* At olo 14,e il 44*1 2, e. e. foo 4Ar 4. 14�0 V'C 4::-* 0 4 IeOt IC 4 Air h4 7 6 444114 10 OW/ 40 h A444 4W47 oers, KAREN H.P. NELSON Diredw BUILDING coNSERVATION PLANNING P. Town of 120 Main Street, 01845 (508) 682-6483 NORTH ANDOVER DIVISION OF PLANNING & COMMUNITY DEVELOPMENT January.20 1991 Mr. I Robert A. Olenio 292 Salem Street North Andovero MA 01845 Dear Mr. Olenio, I.am in receipt of your letter with concern to extensions on the various permits you have received f or Lot 2 Salem Street. The specific permits in question are as follows: 1. Board of Appeals Decision, Dated March 140 1990. (#95-89) 2. Conservation Commission order of Conditionst Dated May 16, 1990. (#242-527) 3. Planning Board Special Permite Dated June 290 1990. In order for the Town to consider that these permits have been acted upon you would. first have to received a Permit to Build from the Building Inspector. The Variance from the Zoning Board of Appeals will expire after one (1) year and may not be extended. The order of Conditions issued by the Conservation commission will expire after one (1) year, according to Town Bylaw, and may be extended up to one (1) year at the discretion of the commission. The Special Permit from the,Planning Board will expire after two (2) years and may be extended for up to one (1) year at the discretion of the.Board. With regard to the variance from the Zoning Board, upon expiration of that approval you could re -apply for the variance and the Board would -again hold a Public Hearing on the matter. In any case which allows for an extension the respective board may only grant one extension to the original permit. A request for extension must be tiled by the applicant at least 30 days prior to the expiration of that permit. I hope this answers any concerns you may have. Please feel free to contact my office with any further questions or comments. Sincerely, Christian Ce Huntress Town Planner. cc: Karen H.P. Nelsonj Director DPCD. HUN fflfl TOWN,'OF N011TIl ANDOVElt MASSACHUSETTS 'Any appeal shall be filed within (20) days after the ,date of filing of this Notice in the off ice of the Town Clerk. 0 00 0 I NOTICE OF DECISIOt4 t-ol G JUN Z, 2 so H IN June 29, 1990 Date June 28, 1990 Date of Hearing ................. Robert,.A.,-Olenio Petition of ........ Premises affected .--2-9rC Salem Street. .......................................................... U Referring to the above petition for a special pel,11)it from the requirements orth Andover Zoning Bylaw - Section 4.135 - Lake Cochickewick Watershed District of the. ........ so as to permit . thA Aipg�f!. f i.n. ... Vistrict.- within the non-disturbaric an g.!19�1-jischar e zones. . ...... g ....................... After a ��blic hearing given on the above date, the Planning Board voted CONDITIONAI Y APPROVES to ................ ��IAL PERMIT the CC: Director Of Public Works Board of Public Works Highway surveyor Building Inspector Board of Health Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties based Upon tile following coliditions: Signed C Ncxt George Perna, Jr., Chairman ................................ John Simons, Clerk . ............................. Erich Nitzsche ................................ John Draper ............ I ................... Jack Graham 292 Salem Street North Andover, MA 01845 January 10, 1991 North Andover Board of Appeals Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Serio: Last March 14, 1990 1 received a variance #95-89 (copy attached) to allow house construction on my Lot 2 on Salem Street. After receipt of the variance, I applied for and received favorable decisions from the Conservation Commission on May 16, 1990 and the Planning Board on June 29, 1990. All of these decisions required that I have a sewer installed from Marbleridge Road up Salem Street to service the house. Three hundred seventy feet of sewer was installed and accepted by the town on October 10, 1990. Water service was also installed across Salem Street to the lot line. The intent of all this effort was so that my son could build himself a new home next to mine. He currently owns a house on Forest Street, which has been on the market since last July, but so far has not sold. As you know, the current real estate market is very bad a nd the prospects for selling his house in the immediate future are poor. He has assured me that he will, however, keep the house on the market until it sells! Therefore, I am requesting that my variance #95-89 have its deadline extended for an additional year, or another variance the same as #95-89 be granted for a year. If you need additional information, please call me at 682-1266. Thank you, Robert A. Olenio RAQ/hd Enclosures -31 Y Slip" be filed 31ter tlie of tilis j�otjce it, , t , i1c Office ot the jown Clerk. A - Tu TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF, DECISION E Robert & Kathleen Olenio 292 Salem St. Date ...March. .1.4.,..1990 ....... N. : Andover, MA 01845 Petition No.. . .9.5.-89 .............. February 13, 1.990 Date of flearing..MIr�:!'..�l-.3.,..199O.. Petition of .... Robert. .&. Kathle.e.n. .01eni.o .......... ...................................... Premises affected .. Z92..$alem. 5.t� ......................................................... Referring to the above petition for a variation from the requirements of Xhii Section .4 � 135.,. Paragraph 5(c) and 7(c) of the Zoning Bylaw ................... I ........................................................ I ........... so as to permit construction. of a single faiiii1y. residentlal.house. within. the Non--. disturbance Zone in the Watershed District and further allow the Planning Board to Issue. a. Special. Pex-mit. for. -the -proposed. cons.truc t ion. and appur.tenant. work ...... After a public hearing given on the above date, the Board of Appeals voted to GRANT ...... the var.i.ances ......... I ..................... and hereby authon'6 the Building Inspector to issue a permit to Robert. �. K401!2p.rk Qlenio ..... ......... ..... I ............... I ........ for the construction of the above work, based upon the iollowing conditions: 1. New residence be connected to town sewer system before an occupancy permit is issued. Signed C�4 Frank Serio, Jr., Cifairman .. ............... I .......... ............ Augustine Nickerson,.Clerk .. ................. ..... I ................ WaIter Soul.e .................. ­ ............... Raymond Vivenzio ..................... I ............. ........... I ...................... Board of Appeals p;,7� v, �'AIN -filed I witth[h., J20) after the date cLIT:ng of this Notice Z._.) in the Office of the Town Clerk. jp SACHUS�' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF'APPEALS flAR Is Itu 51rlm 'so Robert J& K. 0,1-ehi'o Petition: #95-89 292 Saliem'- St.' N. Andover, MA 01845 DECISION The Bolrd of-A,ppeals held a 'public hearing on Tuesday evening, February 13, 19 90 and March 13, 1990 upon the application of Robert & Kathleen Olenio requesting a variation �rom 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 withinkithe Non -disturbance Zone in the Watershed District and further allow the Planni�ig Board to issue a Special Permit for the proposed construction and appurt�ex,iqpt work on the premises located at 292 Salem Street. The following members were present and voting:', F . rank 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 Chairman / awt Recorded Oct .31 2 19-90 at 11 : 22AI-11 -4� 22821 235 ZBA Meeting on August 13, 1991 Eugene H. Avrett, Trustee/Center Realty trust - Variance (side setback) - 10 Salem Street Mr. Avret represented Center Realty Trust requesting a variance for relief from the side setback of a porch to be added onto the dwelling. The dwelling sits on an undersized lot, it sets 6'3" from back boundary. Porch on side would be 7' from boundary. Porch will be screened. George Schruender, a member of the Historical Commission, staed this proposal was approved by the Commission. No correspondence, no one against petition. Dimensions of porch are 14'X9'. R.Vivenzio made a otion to grant the variance as requested; seconded by Anna O'Connor. Unanimous. (Sullivan,Rissin, O'Connor,Pallone,Ford) Robert D. LaFlamme - special Permit (family suite) - Lot 38 Candlestick Road George Schruender represented party for a Special Permit, family suite. Required space conformed to regulations. Michael ustick, 264 Candlestick Rd. Concerned structure will not become a two-family home, he is now satisfield it won't. M6tion by A.O'Connor to grant Special Permit as requested, seconded by J. Pallone. Unanimous. (Sullivan,Vivenzio,Rissin,Ford) Thomas Scott - special Permit (rear setback) - 39 Hawkins Lane Mr. Scott represented himself requesting dpvatidnEertiii� for family room. The addition would bring back of house to 18' from rear boundary, requirement is 30' ft—Without a Special Permit he would only be able to build 8' out. No opposition or correspondence. R.Vivenzio motioned to grant the variance as requested, seconded by A.O'Connor. Unanimous. (Sullivan,Rissin,Pallone, Ford) Robert & Kathleen Olenio - Variance (watershed) - 292 Salem St. Tom Neve represented party. Party asking for variance to build within the non -disturbance zone. Variance once granted on 3/14/90. Also went to Planning for Special Permit because the watershed district by-law required a variance from ZBA to give the right to build within the watershed. In this case they plan to abut a stream which will be 3600' * away from Lake Cochichewick which is part of a drainage system which flows into the Lake. They received the Special Parmit from Planning. Also got an Order of Condition from NACC. Sewer was brought in from Salem St., utilities also brought in. Party is asking the Board to re -issue variance after a six month extension which will expire on 9/15/91. There has been no change in plans. Anna O'Connor motioned to grant variance as previously written in Petition #95-89 from 3/14/90. R.Vivenzio seconded w/restrictions. Unanimous. (Sullivan, Rissin,Pallone,Ford) /awt C4 t tAOR7. 0 (1 S/)" Of f the C/e J Of e oil//7 ACHUS 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, February 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 Mr. Soule, the Board voted, unanimously, to GRANT a six(6) montli 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 l3th day of February, 1991. BOARD OF APPEALS 0 Frank S�rio, Chairman /awt Any appeal sholl b2 with'in date of fi',�n,- f_4 t:ds [,%:otice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: #139-91 Robert Olenio 292 Salem Street DECISION N. Andover, MA 01845 The Board of Appeals held a public hearing on Tuesday evening, February 12, 1991 upon the application of Robert Olenio requesting a variation of Section 4.135, Paragraphs 5(c) and 7(c) of the Zoning Bylaw so as to permit con- struction of a single family residential house within the Non -Disturbance Zone in the Watershed District on the premises located at 292 Salem Street. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Vice-chairman, Walter Soule, Clerk, John Pallone and Robert Ford. The hearing was advertised in the North Andover Citizen on January 30, 1991 and February 6, 1991 and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Mr. Pallone, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. Dated this 13th day of February, 1991. BOARD OF APPEALS Y f 44ti�t , ' CV Frank gerio, Jf. Chairman /awt tAORrij D 4,,.! :�7 I R, fEB 13 10 191 22 All A HUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: #139-91 Robert Olenio 292 Salem Street DECISION N. Andover, MA 01845 The Board of Appeals held a public hearing on Tuesday evening, February 12, 1991 upon the application of Robert Olenio requesting a variation of Section 4.135, Paragraphs 5(c) and 7(c) of the Zoning Bylaw so as to permit con- struction of a single family residential house within the Non -Disturbance Zone in the Watershed District on the premises located at 292 Salem Street. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Vice-chairman, Walter Soule, Clerk, John Pallone and Robert Ford. The hearing was advertised in the North Andover Citizen on January 30, 1991 and February 6, 1991 and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Mr. Pallone, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. Dated this 13th day of February, 1991. BOARD OF APPEALS Y f 44ti�t , ' CV Frank gerio, Jf. Chairman /awt Any appeal Shall be fil—j with,in (20) (';,Vs date of. fEing of t1lis 1�0-[ice .,.in the Office Of the Town Clerk. CH65 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Robert Olenio Date . February. ......... 292 Salem St. N. Andover, MA 01845 Petition No.. . ..1.3.9791 ............ Date of Hearing. Fq�rt�.�Fy. .1.2,. Tq�l Petition of ..... Robert. Ql(miQ ............................................................ Premim affected ... 292. Salem. St.reet ..................................................... Referring to the above petition for a variation from the requirements Wthe Section. .4..135.. Paragraph. 5 (c.). and. T(c.). of. the. Zoning. Bylaw .................................... I ....... so as to permit construction. of. a single. family. residence. mithin. the NonrD:Lsturbance Zone An. the. Watershed Distri.ct .................................................... I.. After a public hearing given on the above date, the Board of Appeals voted to ALLOW -THE. PETITIONER. TO. -WITHDRAW WITHOUT PREJUDICE ....... ...... ........ ...... ...... ......................... Signed - X� (P Frank Serio, Jr., irman ............. ...... ............. William� $tillivan.,. Yiqe7r-hAirmap, -Walter. �.Qule, . Q1�2.rk . . . . . . . . .... John.11al.lone ..................... Robert—Ford ..... ............... Board of Appeals SECTION 10. Variance Cannot be Granted Unless Permit Granting Authority Specifically Finds that All Conditicns have been met Use Variance Mat be Expressly Authorized in Ordinance or By-law Variance Cannot be Conditioned on Continued Ownership Rights Authorized by Variance mast be Exercised Within 1 year Variances The Permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by nailing to all x -ti pa es in -interest to grant upon appeal or upon petition with respect to particular land Or structures a variance fr"m the terms Of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that Owing to circmstances relating to the soil conditions shape, or topography of such land or stru��� and especially affecting such land or structures but riot affecting generally the zoning district in wiiich it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief ney be granted without substantial detrment to the public good and without.nullifying or substantially deragating from the intent or purpose of such Ordinance or by-law. Except where local ordinances or by-laws, shall expressly permit variances for use, no variance may authorize a use or otherwise permitted in the di activity riot land or structure is 1 strict in wilich the Ocated; Provided however, that such variances Properly granted prior to January first, nineteen hundred and seventy-si-x but limited in t'M, rMY be extended on the same terms and conditions that were in effect for such variance upon said effective date. rMe Permit granting authority may inpose conditions, safeguards and Limitations both of time and of use, including the continued existence of any particular structures but excluding any conditi0n, sa-feguards or limitation based upon the continued Ownership of the land or structures.to which the variance pertains by the applicant, petitioner or any owner. If the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse; provided, "Owever, that the Permit granting authority in its discretion and upon written application by the grantee Of such rights may extend the tjxe for exercise of such rights for a period not to exceed si-x nmths; and Provided, further, that the application for such extension is filed with such Permit granting authority prior to the expiration 10 FaEwm tg--, I MIMS such one year period. If the permit grant, -ng authority does not grant such extension within thirty days of the date of application therefor, and upon the expiration of the original one year period, such rights may be reestablished only after notioe and a new hearing pursuant to the PrOvisials of this secticn. Added by St. 1975, c. 808, s. 3; Amended by St. 1977, c. 829, s. 4b; st. 1984, c. 195. 10 - 2 Robert and Kathleen Olenio 292 Salem Street North Andover, MA 01845 (508) 682-1266 January 21, 1991 Board of Appeals Town Hall North Andover, MA 01845 Re: 292 Salem Street - Lot #2 Request for new Variance Dear Board Members On March 14, 1990 your Board issued a Notice of Decision varying the requirements of Section 4.135 particularly Paragraphs 5(C) and 7(C) of the Zoning By -Law. Following that decision we were "allowed" to pursue a special Permit from the Planning Board and an Order of Conditions from the Conservation Commission together granting permission to develop the lot. The Planning Board issued a Special Permit on June 29, 1990. The Conservation Commission issued their Order of Conditions on May 16, 1990. 1 Find attached copies of my December 29, 1990 letter to Mr. Chris Huntress, Town Planner, and his reply to me dated January 2, 1991. From careful review of the circumstances it is essential that your Board grant another variance allowing us to move forward within the time periods allowed by the other permits. The Planning Board decision is valid until June 29, 1992. The Conservation, State side, of the permit is valid until May 16, 1993. The Conservation, Town side, of the Permit is valid only until May 16, 1991 with one year extensions available upon request. As you can imagine a vote not to grant the variance will create substantial hardship, financial and otherwise and would furthermore prevent us from exercising our lawful rights under the other Town Permits already issued. Find attached a complete application with the $25.00 filing fee. My son will be at your Public Meeting scheduled for February 12, 1991 to elaborate on our request if necessary. We thank you in advance for your consideration. Very truly y S, 'Robert and Kathleen Olenio god I 14 w 0 �4 cd -H 0 u �4 >1 �4 4J cd Cd 0 u cz cc D 4) CL 0 '0 C: 0 0 t: 0 0 0 M I-- Z cu 4J �4 C) 0 C'4 �4 Any appeal. shall be filed within (20) days after the date of fiJng of this Notice in the Office of the Town Clerk.. 0: %0S 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS Robert & Kathleen Olenio 292 Salem Street North Andover, MA 01845 G") BOARD Of APPEALS NOTICE OF DECISION Date .... August. 2 7,. 19.9.1.cp.... Petition No.. - 167-.90 ............. Date of Hearing ... Augus.t.13,.199.1 Petition of ... Robert..and.Kathleen.0leniQ ................................................ Premises affected 292 Salem Street .................................................... Referring to the above petition for a variation from the requirements of the . S e c t Lon .4. 13 5.,. Taragraph . 5 (c). and .7 (c). o.f. . the. Zoning. Bylaw ........................................ so as to permit - cons-truction of single. family. xesidential house. within. the Non-. disturbance Zone in the Water shed.District. ...................... ...................................................................... After a public hearing given on the above date, the Board of Appeals voted to . GRANT.... : the -variance ........................... and hereby authorize the Building Inspector to i issue a Permit to - Robert. and -Kathlp-en -Olenio ................................................. for the construction of the above work, based upon the following conditions: 1. New residence be connected to town sewer system before an occu . pancy permit is issued. Signed Frank Serio Jr. William. Su.11i:'%�an,, Vi.c.e.-Chairm.a.n ......... 94y�qq4d.YiYPA0Q .......................... AnAa, Q'.QQviTip�r ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals �"A D) Ii ""'T. ij j k, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS AT 9"1 rV T A -I ILI T, January 22 91 19. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. Tuesday evenin g the 12-t- ............... hday of ... February 19-9.1 at. 7.,c6dock, to all parties interested in the appeal of t 0 t & Kathleen-Olenio ..... ..... Rober requesting a variation of See.. -4.135-, Para. of the Zoning By Law so as to permit ...... 5(c) & 7(c) construction of a single family residential house within''fie*�o*n- stur ance Zone in the Watershed District. . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . on the premises, located at.... Lot. .2.,. .292. S.al.em.Stree.t. ................ ..................................... By Prde the �Bo�f Fra rj,. J mix,, Verio, Jr., Chair Publish in N. A. Citizen on January JO and February 1991 Bill to: Robert Olenio, 292 Salem St., N. Andover, MA 01845 % �"A D) Ii ""'T. ij j k, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS AT 9"1 rV T A -I ILI T, January 22 91 19. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. Tuesday evenin g the 12-t- ............... hday of ... February 19-9.1 at. 7.,c6dock, to all parties interested in the appeal of t 0 t & Kathleen-Olenio ..... ..... Rober requesting a variation of See.. -4.135-, Para. of the Zoning By Law so as to permit ...... 5(c) & 7(c) construction of a single family residential house within''fie*�o*n- stur ance Zone in the Watershed District. . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . on the premises, located at.... Lot. .2.,. .292. S.al.em.Stree.t. ................ ..................................... By Prde the �Bo�f Fra rj,. J mix,, Verio, Jr., Chair Publish in N. A. Citizen on January JO and February 1991 Bill to: Robert Olenio, 292 Salem St., N. Andover, MA 01845 ,koRTN SAC H TOWN OF NORTH ANDOVER MASSACHUSETTS, BOARD OF APPEALS Dear Applicant: Date: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ for the following: Filing Fee $ Postage —X- $ 6.04 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 THOMAS E. NEVE ASSOCIATES, INC. kngin�ers - Land Surveyors - Land Use Planners 447 Boston Street US Route #1 TOPSFIELD, MASSACHUSETTS 01983 (508) 887-8586 FAX (508) 887-3480 TO —Zt�A11AJ6- &,oWD dF- Toaw btoq-LL_ 1V09 -77V- & �e"Ie_x > WE ARE SENDING YOU El Attached 0 Undei separate cover via 0 Shop drawings 0 Copy of letter 0 Prints 0 Change order LrETREM VF "TRUSEDIMU. DATrj,)L_e NO. 4675 - ATTENTION RE: 12 0'6&:;e7_ le r Of o S,4 z, --m 17 -- Pel -<17-5 41F PA2a1cc-r C_ 0 Plans 0 Samples Fol ,:::_- x the following ite-rris: —1 c:' >' 7,' 0 Specifications - LrI COPIES DATE NO. DESCRIPTION Pel -<17-5 41F PA2a1cc-r 4API-ICA770A.IS r -6,e SV,,9�P't C -M en 7WZ- e -A) XY THESE ARE TRANSMITTED as checked below: X, For approval 0 Approved as submitted 0 For your use 0 Approved as noted 0 As requested El Returned for corrections 0 For review and comment 0 0 FOR BIDS DUE • Resubmit—copies for approval • Submit—copies for distribution 0 Return —corrected prints 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS P&_NA?� R10IM2,10 e&'.J9L e':5rX7X_ "WA)e4cr 11,45 'Ovinpr /ne- 401-67ilaS L70AJ VAIA-61,6� 7V 615Ze- I -AIS —D - - 66 7- Alg?�AZ 17tI-S 49,o�. 9T / 5 rlAJ&- dgUle -OA-7 72511"45 H95 SZ-W&;e HAj�S 1AJS7We-(_6-7Z> /ft,0 ZZ) 80/4.,D /S C,01777AIG&�T_ 0AJ ME- Ike,19'L e -67W -7-F -7�-fWA'JJeV6V A-64 VOVR VCIZ)/P- 0AJ106P T?79k�01416_ PRODUCT240-2 �IxAkm,Mmolm. It enclosures are not as noted, kindly notify us at once. f%%F_G1TY1'A WJ. I U"11 t' IC t -K ; - '. .+� Da t e.- TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD -OF APPEALS Ti me 4,18 Notice: This application must be typewritten OHM APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDI14ANCE Applicant Robert and Kathlene olenio Address 292 Salem St. Nort� Andover MA I. Application is hereby made (a) For a variance from the requirements of Section 4.135Paragraph 5(c)&7(c: and,Table 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 bui 1 ding( s numbered 292 Sa em St-, Lot #2 Street. (b) Premises affected(are property With frontage on the North ( x South ( East West ( ) side of Salem Street b S.treet.. and known as No. - Lot J2 �- 292 Salem Street —Streef. watershed District (c) Premises affected are in Zoning District R-3 ar�dAnd the premises affected have an area Of 25 000 .,square 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 ..Previous- Ow6er Benjamin Miller, Trustee (b) If applicant is not owner, check his interest in the premises: Prospective Purchaser Lesee.. Other (explain) 4. Size of proposed building: 601 front; 26-36 feet. deep; Height: 2 stories; 301± feet. Approximate date of erection :_ Spring 1990 b Occupancy or use of each f 100 r: —Residential (c) Type of construction,: -Wood framed - Colonial Exterior 5. Size of existing building: None feet front; —feet deep; Height: stories;. feet. (a) Approximate date of erection N/A (b) Occupancy or use of each floor: (c) lype of construction: 6. Has there been a previous appeals under zoning, on these premises? No If -so, when? 7. Description of relief sought on this petition—Permission to construct a single famil _y 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',Court Certificate No. Book Page The principal points upon which I base my application are as follows: (Must be.stated in detail) See narrative attached. a agree to L pay for advertising in newspaper and incidental expenses* Petitioner's Signature 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 prescribed. Every application shall be su I bmitted 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 line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is loca,ted 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 respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing are -not 11eCCSbdr11lY '""'Lea to these. nd Publix.Won, but. LIST OF PARTIES IN TIJTPDr'zT Name David and Francine Pickles Dominic and Ruth Giarrusso Rene and Mark Fugere Harry Bourquin , Josephine Cristaldo Gary Sciarappa and Cathy Lowdon George and Elaine Reich John P. and Caroline E. McLaughlin Joseph and Angela Cavallaro Joseph and Elizabeth Slowick Thomas E. Neve Associates, Inc. Address 32 Buco Avenue, Methuen, MA 01844 1 318 Salem Street, N. Andover MA 018451 202 Marbleridge Road, N.Andover MA 0184 200 Marbleridge Road, N.AndoverMA 01845 14 Appleton Street, N. Andover MA 01845 201 Marbleridge Road, N. Anaover MA 0184 284 Salem Street, N. Andover MA 01*845 327 Salem Street, N. Andover MA 01845 240 Marbleridge Road, N. Andover MA01845 315 Salem Street,N. Andover MA 01845 447 Old Boston Road, Topsfield'MA 01983 (Use additional sheets if necessary) I 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 off 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 new 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. . -- M' - 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. 0 sheil be filed P.ny I ro) after tile witili dat, of tills Notice In tile office of the. jown Clerk. lass IS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD 01F APPEALS NOTICE OF DECISION Robert & Kathleen Olenio Date ..M rch. 14, 1990 292 Salem St. .4 ... ......... I .......... N. Andover, MA 01845 Petition No.. . 9.5.-89 ............. February 13, 1��o Date of Hearing. X4TO. A-. -P90.. Petition of .... gQbpmr�. A AkLWPAA.0m�R ................................................ Promises affected .. 292.A41m. 5.t ......................................................... . � Warring to the above petition for a variation from the requirements of Au Section .4.135*. Paragraph 5(c) and 7(c) of the Zoning Bylaw ......................................................................................... so as to permit construction. of a. single I amily xes idential. housp- within. the Von--. k disturbance Zone in the Watershed District and further allow the Planning Board to Issue -a. Special. Permit - f or. -the. proposed. construction. and. appurtenant. work ...... After a public hearing given an the above date, the Board of Appeals voted to GRANT ...... the variances ................................... and hereby authorize the Building Inspector to issue a Permit to ... RQbgrt. A. A40109AP140iP .................................................. for the construction of the above work, based upon the following conditions: 1. New res idence be connected to town sewer system before an occupancy permit is issued. Signed -L 0'tl� "d� I Frank Serio, Jr., Ct(aQir .. ........................................ Augustine Nickerson,.Clerk .......................................... Walter Soule ...................................... Raymond Vivenzio ...................................... ................................. jMCEAD tir%R 16 M Board of Appeals 292 Salem Street North Andover, MA 01845 January 10, 1991 North Andover Board of Appeals Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Scrio: Last March 14, 1990 1 received a variance #95-89 (copy attached) to allow house construction on my Lot 2 on Salem StreeL After receipt of the variance, I applied for and received favorable decisions from the Conservation Commission on May 16, 1990 and the Planning Board on June 29, 1990. All of these decisions required that I have a sewer installed from Marbleridge Road up Salem Street to service the house. Three hundred seventy feet of sewer was installed and accepted by the town on October 10, 1990. Water service was also installed across Salem Street to the lot line. The intent of all this effort was so that my son could build himself a new home next to mine. He currently owns a house on Forest Street, which has been on the market since last July, but so far has not sold. As you know, the current real estate market is very bad a nd the prospects for selling his house in the immediate future are poor. He has assured me that he will, however, keep the house on the market until it sells! Therefore, I am requesting that my variance #95-89 have its deadline extended for an additional year, or another variance the same as #95-89 be granted for a year. If you need additional information, please call me at 682-1266. Thank you, Robert A. Olenio RAO/hd Robert and Kathleen Olenio 292 Salem Street North Andover, MA 01845 (508) 682-1266 January 21, 1991 -Board of Appeals Town Hall North Andover, MA 01845 Re: 292 Salem Street - Lot #2 Request for new Variance Dear Board Members On March 14, 1990 your Board issued a Notice of Decision varying the requirements of Section 4.135 particularly Paragraphs 5(C) and 7(C) of the Zoning By -Law. Following that decision we were "allowed" to pursue a Special Permit from the Planning Board and an Order of Conditions from the Conservation Commission together granting permission to develop the lot. The Planning Board issued a Special Permit on June 29, 1990. The Conservation Commission issued their Order of Conditions on May 16, 1990. Find attached copies of my December 29, 1990 letter to Mr. Chris Huntress, Town Planner, and his reply to me dated January 2, 1991. From careful review of the circumstances it is essential that your Board grant another variance allowing us to move forward within the time periods allowed by the other permits. The Planning Board decision is valid until June 29, 1992. The Conservation, State side, of the permit is valid until May 16, 1993. The Conservation, Town side, of the Permit is valid only until May 16, 1991 with one year extensions available upon request. As you can imagine a vote not to grant the variance will create substantial hardship, financial and otherwise and would furthermore prevent us from exercising our lawful rights under the other Town Permits already issued. Find attached a complete application with the $25.00 filing fee. My son will be at your Public Meeting scheduled for February 12, 1991 to elaborate on our request if necessary. We thank you in advance for your consideration. Ve_ y truly S, dy= lobert and K�at�hleen�Olenio Any appeal shall be file� Within (20) ('.-Ns date of filing.of this Notice -in the Office of the Town Clerk. Robert Olenio 292 Salem St. N. Andover, MA 01845 bA. ,t%ORTif A to A"ILIM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION 13 10 2,2 1: 14, 4 Date . T0�Y�TYJ�! . P91 ........ Petition No.. . ..1.3.9.-91 ............ Date of Hearing. F0r�'-�TY. .1.2, T991 Petitionof ........................................................... Promises affec ... 2 ..41em. S.t.reet ........... ........................................ Referring to the above petition for a variation from the requirements ofAhs Section. A-.135, Paragraph. 5(c.). and. T(c.). of. the. Zoning. Bylaw ............ I .............................. so as to permit construction. of. a -single. family. x.esidence. within. the Non7D:Lsturbance Zone.in-the.Watersh,ed.Distri,ct .................................................... After a public hearing given on the above date, the Board of Appeals voted to ALLOW -THE. - IM PETITIONER. TO. -WITHDRAW. -WITHOUT PREJUDICE ...................................... -1 . ..... ............................. FWt 7_75_,Z-Z-L� = -3 1 =7 r%TKr,] Signed"�,� .... Frank S-erio, Jr...,...hairm.a.n, ....... ...... William Sullivan.,. V�qe7rzhRirman . � . . Walter. Cle.rk ..... John.Pal.lone ...... ............. Robert.Ford ..................... Board of Appeals 7 j ER 13 10 2,2 1: 14, 4 Date . T0�Y�TYJ�! . P91 ........ Petition No.. . ..1.3.9.-91 ............ Date of Hearing. F0r�'-�TY. .1.2, T991 Petitionof ........................................................... Promises affec ... 2 ..41em. S.t.reet ........... ........................................ Referring to the above petition for a variation from the requirements ofAhs Section. A-.135, Paragraph. 5(c.). and. T(c.). of. the. Zoning. Bylaw ............ I .............................. so as to permit construction. of. a -single. family. x.esidence. within. the Non7D:Lsturbance Zone.in-the.Watersh,ed.Distri,ct .................................................... After a public hearing given on the above date, the Board of Appeals voted to ALLOW -THE. - IM PETITIONER. TO. -WITHDRAW. -WITHOUT PREJUDICE ...................................... -1 . ..... ............................. FWt 7_75_,Z-Z-L� = -3 1 =7 r%TKr,] Signed"�,� .... Frank S-erio, Jr...,...hairm.a.n, ....... ...... William Sullivan.,. V�qe7rzhRirman . � . . Walter. Cle.rk ..... John.Pal.lone ...... ............. Robert.Ford ..................... Board of Appeals 14 Wit Of th C164. ltic� i'3 /I' Of the '-'01*/'-0 7-01 , 1/0 Robert & Kathleen Olenio 292.Salem Street N. Andover, MA 01845 Re: Extension request Dear Mr. & Ms. Olenio: TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS FEB 13 11) 2 2 The Board of Appeals held a regular meeting on Tuesday evening, February 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 Mr. 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 ":�-7� "'� - 9 - 0 Frank S�rio, Je. Chairman /awt M N 'OMAS E. NEVE ASSOCIATES, INC. EAgineers - iLand Surveyors - Land Use Planners 447 Boston Street US Route #1 TOPSFIELD, MASSACHUSETTS 01983 (508) 887-8586 FAX (508) 887-3480 TO ZbVIAJ6- &,,oW,0 IF #p ,ok- -Toa)AI Abq-LL- 77-f - Af Ss > WE ARE SENDING YOU 0 Attached El Under separate cover via 0 Shop drawings 0 Copy of letter El Prints 0 Change order [LIE"TUEM (11F TRUSTEDUML DATEJL)J_� ?,? —7 NO. 1675 - ATTENTION RE: je to r 2 :2 -7 V4101AWC-E REZP UAS 7- Pe1A17_S OF PAea1e-c7- 0 Plans 0 Samples LE following items: 0 Specifications C_ r- r--_� (D -.4 -�n COPIES DATE NO. DESCRIPTION Pe1A17_S OF PAea1e-c7- A0,Pz_1-cA77oA1s Ft)., e v, 4) e qAjc,�F THESE ARE TRANSMITTED as checked below: X, For approval 0 Approved as submitted 0 For your use 0 Approved as noted 0 As requested 0 Returned for corrections 0 For review and comment 0 El FOR BIDS DUE • Resubmit—copies for approval • Submit—copies for distribution 0 Return —corrected prints 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS PM� 690116�0 OV -6-7—V666-70.5 .' et)W.&&_?L17- eZ-WZ_ &--Sr.*79- ,n1,4)e4f7- 11,4,5 6j_&W1,o' — I 70AJ VA44-61,6_ 70 LSIEZ:L 17"I'S AAJAO d9t)/&V 40AJ 607"A16WAZ R-/_9 VWZ�'. 1XJC A?T,< 7W,*7— "A Hfif 49ezF� c 7-14) &611�SSV4 77-167- V,4oe1,09-AA-.A!E- 77tE 6e7r- 7- GIAJ 771,E- &e?9L_ &-6 7M -7T7 9AJP L,&'&Z 0AJj96eF179AJ,014_C- PRODUCT240.2 kw, kba 111471. It enclosures are not as noted, kindly notify us at once. f% G 16 V.. I T 5; It W J. VVV 11 1, Date. TOW14 OF NORTH ANDOVER, MASSACHUSETTS BOARD -OF APPEALS T i me Notice: This application must be typewritten 6 0 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDI14ANCE Applicant Robert and Kathlene Olenio Address 292 Salem St. Nort� Andover MJ 1. Application is hereby made (a) For a variance from the requirements of Section 4.135Paragraph 5(c)&7(c: and,Table 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 42_ 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 �­ 292 Salem Street _Mtreet. (c) Premises affected are in Zoning District Watershed District _.B.-3 ar�dknd the premises affected have an area Of 25 1 000 ..square feet and frontage of 191.00 - square feet. 3. Ownership (a) Hame and address of owner (if joint ownership, give all names): Robe-r.t A. Olenio and Kathleen T. Olen'o Date of purchase July 13, 1960 .Previous. owner Benjamin Miller, Trustee (b) If applicant is not owner, check his interest in the prem*ises: Prospective Purchaser Lesee. Other (explain) 4. Size of proposed building: 60' front; 26-36 feet deep; Height: 2 stories; 301± -feet. ja� Approximate date of erection: Sprinq 1990 b Occupancy or use of each floo_r:_�— Re idential (c) Type of const'ruction: Wood framed - Colonial -Ex erior 5. Size of existing building: None feet front; —feet deep; Height: stories;. feet. (a) Approximate date of erection: NZA (b) Occupancy or use of each floor: (c) Type of construction: 6. Has there been a previous appeal, under zo ning, on these premises? No If so, when? 7. Description of relief sought on this petition— Permission to construct a si!19le family residential house'with in 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',Court Certificate No. Book -_ Page The principal points upon which I base my application are as follows: (Must be stated in detail) See narrative attached. agree to Pay for advertising in newspaper and incidental expenses* aa ,- P_ � W A I letitioner', Sec. I APPLICATION FORM Signature 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 prescribed. 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 line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is loca,ted in another city or town, the Planning Board of the Oty 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- sible for any and all costs involved i?n bringing the petition before the Board. Such costs shall include mailing W-aUkli_ution, but are -not "ecessarIlY 11mT-t-e-d —totf�e—se. LIST OF PARTIES IN I14TEREST Name David and Francine Pickles Dominic and Ruth Giarrusso Rene and Mark Fugere Harry Bourquin Josephine Cristaldo Gary Sciarappa and Cathy Lowdon George and Elaine Reich John P. and Caroline E. McLaughlin Joseph and Angela Cavallaro Joseph and Elizabeth Slowick Thomas E. Neve Associates, Inc. Address 32 Buco Avenue, Methuen, MA 01844 1 318 Salem Street, N. Andover MA 018451 202 Marbleridge Road, N.Andover MA'0184 200 Marbleridge Road, N.AndoverMA 01845 14 Appleton Street, N. Andover MA 01845 201 Marbleridge Road, N. Andover MA 0184 284 Salem Street, N. Andover MA 01845 327 Salem Street, N. Andover MA 01845 240 Marbleridge Road, N. Andover MA01845 315 Salem Street,N. Andover MA 01845 447 0 ld Boston Road, Topsfield'MA 01983 (Use additional sheets if necessary) 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 3600' ± 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 off 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 it 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 Harbleridge Road to the front of the proposed # .. 0 1 building. The applicant will install a manhole at the end of this new 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. ... - �W' 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. n pjal Sheol be filed Any 0 after tile witl*) ev;ls of tilis Notice dat'U 'Ll T in tile office of t.he. . own Clerk. J% C'. #MILT" las's Sa 0 "D IR 11 � 5.1 o I N CHU VV IS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Robert & Kathleen Olenio Date . Ma 292 Salem St. TO. �� k . ��?01 ........... N. Andover, MA 01845 Petition No.. . 9.5.-89 ............. February 13, 1��o Date of Hearing. A4TO. ;�q,. M0. Petition of .... 40e'M A AkOlf-Ar; QTWP� ................................................ Pren&ss affected .. 292..S41vxn. 5.t ......................................................... Fteferring to the above Petition for a variation from the requirements of IM -Sectip;x .4.135s. Paragraph 5(c) and 7(c) of the Zoning Bylaw ......................................................................................... so as to permit construction. of a. single f amily. xes idential. house. within. the. Non disturbance Zone in the Watershed District and further allow the Planning Boar� to Issue - a. Special - Permit .. f or. the -proposed - construction -and. appur.tenant. work ...... After a public hearing given on the above date, the Board of Appeah voted to GRANT ...... the variances . ..................................... and hereby authorize the BuHding Inspector to issue a permit to ... RQbgrt. §'..K4tb1rwrk.Q1Px4P .................................................. for the construction of the above work, based upon the fo1lowing conditions: 1. New residence be connected to town sewer system before an occupancy permit is issued. Signed oFr'alinak' �Se r i o..',&J Z , 'C �ai r L .. ........................................ Augustine Nickerson,.Clerk .......................................... Walter Soule . ....................................... Raymond Vivenzio ...................................... ................................. Board of Appeali 292 Salem Street North Andover, MA 01845 January 10, 1991 North Andover Board of Appeals Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Serio: Last March 14, 1990 1 received a variance #95-89 (copy attached) to allow house construction on my Lot 2 on Salem Street. After receipt of the variance, I applied for and received favorable decisions from the Conservation Commission on May 16, 1990 and the Planning Board on June 29, 1990. All of these decisions required that I have a sewer installed from Marbleridge Road up Salem Street to service the house. Three hundred seventy feet of sewer was installed and accepted by the town on October 10, 1990. Water service was also installed across Salem Street to the lot line. Ile intent of all this effort was so that my son could build himself a new home next to mine. He currently owns a house on Forest Street, which has been on the market since last July, but so far has not solcL As you know, the current real estate market is very bad a nd the prospects for selling his house in the immediate future are poor. He has assured me that he will, however, keep the house on the market until it sells! Therefore, I am requesting that my variance #95-89 have its deadline extended for an additional year, or another variance the same as #95-89 be granted for a year. If you need additional information, please call me at 682-1266. Thank you, Robert A. Olenio RAQ/hd Robert and Kathleen Olenio 292 Salem Street North Andover, MA 01845 (508) 682-1266 January 21, 1991 -Board of Appeals Town Hall North Andover, MA 01845 Re: 292 Salem Street - Lot #2 Request for new Variance Dear Board Members On March 14, 1990 your Board issued a Notice of Decision varying the requirements of Section 4.135 particularly Paragraphs 5(C) and 7(C) of the Zoning By -Law. Following that decision we were "allowed" to pursue a Special Permit from the Planning Board and an Order of Conditions from the Conservation Commission together granting permission to develop the lot. The Planning Board issued a Special Permit on June 29, 1990. The Conservation Commission issued their order of Conditions on May 16, 1990. 1 Find attached copies of my December 29, 1990 letter to Mr. Chris Huntress, Town Planner, and his reply to me dated January 2, 1991. From careful review of the circumstances it is essential that your Board grant another variance allowing us to move forward within the time periods allowed by the other permits. The Planning Board decision is valid until June 29, 1992. The Conservation, State side, of the permit is valid until May 16, 1993. The Conservation, Town side, of the Permit is valid only until May 16, 1991 with one year extensions available upon request. As you can imagine a vote not to grant the variance will create substantial hardship, financial and otherwise and would furthermore prevent us from exercising our lawful rights under the other Town Permits already issued. Find attached a complete application with the $25.00 filing fee. My son will be at your Public Meeting scheduled for February 12, 1991 to elaborate on our request if necessary. We thank you in advance for your consideration. Ve_ truly S, dy= Aobert and IK(aXthleen Olenio Any appcal shall be fil,d Within (20) ('.-,vs date of fiiing.uf this Notice ,.-in the Office of the Town Clerk. Robert Olenio 292 Salem St. N. Andover, MA 01845 3�&. A"ILTM C 135 rl"t " "I TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION 2,2 R Date . T�9�tTYJ� �. P9.1 ........ Petition No.. . . �q�79� . . . . . . . . . . . . )e Date of Hearing. F0�P-�ITY. .1.2 x. T991 Petitionof . '..RQbP'Tt.Qlqr)iQ ............................................................ Premim affec ... 2 . ..alem. S.t.reet ......... M " .......................................... Referring to the above petition for a variation from the requirements ofAha Section. .4-135.. Paragraph. 5 (c.). and. T(c.). of. the. Zoning. Rylaw ................................... I ....... so as to permit construction. of. a single. family. x.esidence. mithin. the Non-D-isturbance Zone in. the. Watershed DistrJzt ................................... .................. After a public hearing given on the above date, the Board of Appeals voted to ALLOW THE. - 1bw PETI.TIONER.TG.WITHDRAW.-WITHOUT ..... PREJUDICE ..................................... I ......... ............................. T Signed ..Frank. S.e.rio, Jr..,. hairma.n ........ .. .... William Sullivan.,. Viqe7phairman ... ........ . . . Yalter. s.Qm1e,. cle.rk . . . . John. PaIlone .................... Robert.Ford ........ ........... Board of Appeals A, 17j/ In t1l r fl 0. Nc; C& of the Robert & Kathleen Olenio 292.Salem Street N. Andover, MA 01845 Re: Extension request Dear Mr. & Ms. Olenio: MAL TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS EB 22 The Board of Appeals held a regular meeting on Tuesday evening, February 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 Mr. Soule, the Board voted, unanimously, to GRANT a six(6) month extension on Petition 95-99, 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 OFAPPEALS Frank S�rio, JjV. Chairman /awt —THOMAS E. NEVE ASSOCIATES, INC. Engineers - Land Surveyors - Land Use Planners 447 Boston Street US Route #1 TOPSFIELD, MASSACHUSETTS 01983 (508) 887-8586 FAX (508) 887-3480 TO _ZbA11AJ6- &,410,0 Lif- TowAl b1,Pq-L_L_ Ajoe'ri-f- Am LIEUTEM (01F UUMSEDUML OATEJIJL_� JOB NO. ATTENTION RE: r V7 9 S,4 4CM S7­ V,41-010vce REqui5s-r PRIA17-5 OF PR -a/6 -c -r > WE ARE SENDING YOU El Attached 0 Under separate cover via the following items: ED Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications 0 Copy of letter El Change order n COPIES DATE NO. DESCRIPTION PRIA17-5 OF PR -a/6 -c -r 4API-ICA770AIS Fde V,4)e1.4A.JC,!F THESE ARE TRANSMITTED as checked below: X, For approval El For your use 0 As requested 0 Approved as submitted 0 Approved as noted E3 Returned for corrections 0 For review and comment n • Resubmit—copies for app 'P • Submit—copies for distribution 0 Return —corrected prints E3 FOR BIDS DUE 19 El PRINTS RETURNED AFTER LOAN TO US REMARKS PtNP— )340-#� tn,4)e4Cr 9,4,5 104PF Ine. QL&WAOS SOAJ 0V,4-666� 7V J,EZ,_e_ 17' -IS &7 / L5 r/XW- AfOlnC-7 AAW -0 t) /Z -V 4 AJ 7?�41S LO 7- - ,E/&W/Z 17' -IS OC A?T,,tZ- 7WA7— 5400 &6_1SSVAE- 7H,6_ V^e119A--A::7j!E- 7'27,I",E e47- )9�.o rHe- 1xj1L_&1Aj6-Aj&-ss 7'v 8v1z_-o Is co,#777A1G&wr- aAJ 771,E- &-6WL L---6To9-7E_ e V0'z/ R 0-o1-,'S1Le-RoV;7� COPY SIGNED.-' MDUCT240.2 �� I., Ikftn, Min 01471. if enclosures are not as noted, kindly notify us at once. S' e1*7 / 0 - Yy to Lij. I W" 11 t. I t: I- K 0 0 Dile. TOWN OF NORTH ANDOVER$ MASSACHUSETTS BOARD -OF APPEALS Time: Notice: This application must be typewritten APPLICATION FOR RELIEF FkOM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Robert and Kathlene Olenio Address 292 Salem St. Nort� Andover MJ 1. Application is hereby made (a) For a variance from the requirements of Section 4.135Paragraph 5(c)&7(c: and,Table 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 9-A eMSt-- Lot 92- 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 �:� Salem Street treet. Watershed District (c) Premises affected are in Zoning District R-3 andAnd the premises affected have an area Of 25 000 ..Square feet and frontage of 191,00 square feet. 3. Ownership (a) Hame and address of owner (if joint ownership, give all names): Robert,.A. 01enio and Kathleen T. 01enio Date of purchase July 13, 1960 Previous -Ow - per Benjamin Miller, Trustee (b) If applicant is not owner, check his interest in the prem'ises: Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: 601 front; 26-36 feet deep; He i gh t 2 stories; 301± -feet, Approximate date of erection Spring 1990 b Occupancy or use Of each flOOF-7-R—Mi'dential (c) lype of construction.: Wood tramed - Colonial--E—x—t—e—ri—o—r---------- 5. Size of existing building: None feet front; feet dee Height: S p; tories;- feet. (a) Approximate date of erection: N/A (b) Occupancy or use of each floor:-' (c) lype of construction: 6. Has there been 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 i . n the Watershed District and to further allow the I Planning Board to issue a special permit for the pFo—posed construction and appurtenant work. --- �8. Deed . recorded in the Registry of Deeds in Book 895 ' Page 250 or � I Land',Court Certificate No. Book — -Page P The principal Points upon which I base my application are as follows: (Must be.stated in detail) See narrative attached. agree to T257 pay for advertising in newspaper and incidental expenses* titioner's Signature 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 prescribed. Every application shall be su . bmitted 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 line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is loca,ted 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- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and Publiration, but &re-')Ot lleces:iarllY 11miLea to these. LIST OF PARTIES IN INTEREST Name Address I David and Francine Pickles Dominic and Ruth Giarrusso Rene and Mark Fugere Harry Bourquin Josephine Cristaldo Gary Sciarappa and Cathy Lowdon George and Elaine Reich John P. and Caroline E. McLaughlin Joseph and Angela Cavallaro Joseph and Elizabeth Slowick Thomas E. Neve Associates, Inc. 1 32 Buco Avenue, Methuen, MA 01*844 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 01*845 327 Salem Street, N. Andover MA 01845 240 Marbleridge Road, N. Andover MA01845 315 Salem Street,N. Andover MA 01845 447 Old Boston Road, Topsfield'MA 01983 (Use additional sheets if necessary) . -I I I 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 off 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 se'%,back; 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 new 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 Ameals, 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 'i 0 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. 11 ZMW bA J% 8:0 Avon?" be filed Amy 919plal sha, 'r after the Ilk 51 witlil.'I r/. 0) e n,;, - Notice IS datc, '�:[ ii *nc' of this T TOWN OF NORTH ANDOVER tile office of the Own MASSACHUSEITS Clerk. BOARD OF APPEALS NOTICE OF DECISION Robert & Kathleen Olenio 292 Salem St. ......... N. Andover, MA 01845 Petition No... ....... February Date of Hearing. �!4TO. )j,..M0.. Petition of .... *?br-M A.1401PArk.0m�R ............................................... Promises affected .. 292—S4440. $.t .......................................................... Referring to the above petition for a variation from the requirements oflu Sectimx.4.135., Paragraph 5(c) and 7(c) of the Zoning Bylaw ......................................................................................... so as to permit construction. of a. single f amily. xes idential . housa xithin. the. Nonn disturbance Zone in the Watershed District and further allow the Planning Boara to Issue - a. Special - Permit. for. the. proposed - cons.truction. and. appur.tenant - work. After a pubUc hearing given on the above date, the Board of Appeals voted to GRANT ....... th4 variances ..................................... and hereby authorize the Building Inspector to issue i permit to ... RQbq!rt. A�UMPRAPIPMtP .................................................. for the construction of the above work, based upon the following conditions: 1. New residence be connected to town sewer system before an occupancy permit is issued. Signed eQ Frank Serio, Jr., C air .. ........................................ Augustine Nickerson,.Clerk .................................... Walter Soule . ....................................... ...... Raymon.d. Vivenzi.o ............... .. .. ...... ................................. MCEAD Mr`%R i i9m Board of Appeals 292 Salem Street North Andover, MA 01845 January 10, 1991 North Andover Board of Appeals Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Serio: Last March 14, 1990 1 received a variance #95-89 (copy attached) to allow house construction on my Lot 2 on Salem Street. After receipt of the variance, I applied for and received favorable decisions from the Conservation Commission on May 16, 1990 and the Planning Board on June 29, 1990. All of these decisions required that I have a sewer installed from Marbleridge Road up Salem Street to service the house. Tbree hundred seventy feet of sewer was installed and accepted by the town on October 10, 1990. Water service was also installed across Salem Street to the lot line. The intent of all this effort was so that my son could build himself a new home next to mine. He currently owns a house on Forest Street, which has been on the market since last July, but so far has not sold. As you know, the current real estate market is very bad a nd the prospects for selling his house in the immediate future are poor. He has assured me that he will, however, keep the house on the market until it sells! Iberefore, I am requesting that my variance #95-89 have its deadline extended for an additional year, or another variance the same as #95-89 be granted for a year. If you need additional information, please call me at 682-1266. Tbank you, Robert A. Olenio, RAQ/hd Robert and Kathleen Olenio 292 Salem Street North Andover, MA 01845 (508) 682-1266 January 21, 1991 -Board of Appeals Town Hall North Andover,, MA 01845 Re: 292 Salem Street - Lot #2 Request for new Variance Dear Board Members On March 14, 1990 your Board issued a Notice of Decision varying the requirements of Section 4.135 particularly Paragraphs 5(C) and 7(C) of the Zoning By -Law. Following that decision we were "allowed" to pursue a Special Permit from the Planning Board and an Order of Conditions from the Conservation Commission together granting permission to develop the lot. The Planning Board issued a Special Permit on June 29, 1990. The Conservation Commission issued their Order of Conditions on May 16, 1990. 1 Find attached copies of my December 29, 1990 letter to Mr. Chris Huntress, Town Planner, and his reply to me dated January 2, 1991. From careful review of the circumstances it is essential that your Board grant another variance allowing us to move forward within the time periods allowed by the other permits. The Planning Board decision is valid until June 29, 1992. The Conservation, State side, of the permit is valid until May 16, 1993. The Conservation, Town side, of the Permit is valid only until May 16, 1991 with one year extensions available upon request. As you can imagine a vote not to grant the variance will create substantial hardship, financial and otherwise and would furthermore prevent us from,exercising our lawful rights under the other Town Permits already issued. Find attached a complete application with the $25.00 filing fee. My son will be at your Public Meeting scheduled for February 12, 1991 to elaborate on our request if necessary. We thank you in advance for your consideration. Ve_ truly Y=S,, _ZYL,�; 'Vobert an�dKaathleen Olenio Any appeal shall be fi',-,� Within (20) ('.-,.vs date of fEing.of this Notice -in the Office of the Town Clerk. Robert Olenio 292 Salem St. N. Andover, MA 01845 h—A A *%ORTif to AFRILYM :X I',, 22 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OJF APPEALS NOTICE OF DECISION 4 E'R Date . February. ........ Petition No.. ...1.3.9.-91 ............ Date of Hearing. F0TV,�rY. .1.2, . �991 Petition of . . L.Rqbert. Qlenr)iQ ........................................................... Rremises affec ... 2 ..41em.St.reet ................................................... Referring to the above petition for a variation from the requirements ofAhs Section. A-.135.. Paragraph. 5(c.). and. T(c.). of. the. Zoning. Bylaw. .............................. I ......... so as to permit construction. of. a single. family. residence. mithin. the.NonrDIsturbance Zone in - the. -Watershed District ...................................................... After a public hearing given on the above date, the Board of Appeals voted to ALLOW - T 1i E tM PETI-T-IONER-TO-WITHDRAW.-WITHOUT ..... PREJUDICE .............. ........................ . ...................... MET3.714-M-Nat ;V1 I . . Signed4 Frank S.erio, Jr...,. �Chairman ............. .... Williain Sqllivan.,. Yiqe7ChAirman. ..Yalter. 5.Qtile,. Cle.rk ............. .... John.Pal.lone .................... Robert.Ford... Board of Appeals 4 Of v? C/L Of thL. Robert & Kathleen Olenio 292.Salem Street N. Andover, MA 01845 Re: Extension request Dear Mr. & Ms. Olenio: TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS FEB 13 11) 22 The Board of Appeals held a regular meeting on Tuesday evening, February 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 Mr. Soule, the Board voted, unanimously, to GRANT a six(6) month extension on Petition 95-89, covering the period through September 15i 1991 in compliance with Section 10 of Chapter 40A, Massachusetts General Laws. Dated this 13th day of February, 1991. BOARD OFAPPEALS Frank S�rio,-Ji'. Chairman /awt LEGAL NOTICE TOWN OF NORTH ANDOVER BOARD OF APPEALS January 22, 1991 Notice Is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover. on Tuesday evening the 121h day of February 1991, at 7130 o'clock, to all parties interested in the appeal of Robert & Kathleen Olenlo requesting a variation of Sec. 4.135, Para. 5 (c) & 7 (c) of the Zoning By Law SO as to permit construction of single family residen- tial house within the Non -Disturbance Zone In the ' Watershed District. on the premises, located at Lot 2, 292 Salem Street. By Order of the Board of Appeals ­ -'- Frank Serlo, Jr., Chairman NAC: 1/30191, 2/6/91 '"41� - memory that grabbed onto data and held it tenaciously, he said. Quiet and unassuming, she was intensely loyal to both church and family and was very d6out. "She didn't talk about it," he said. -"She was a jewel." - . Mrs. Eaton's relationship with her family was remarkable, said r­+—oa U^A,"elrau, Qn a lifo- A of Aiialmk TOWN OF NORTH ANDOVER MASSACHUSETTS. BOARD OF APPEALS Robert & Kathleen Olenio Date 292 Salem Street North Andover, MA 01845 Dear Applicant: Encl.osed-is a.copy of the legal notice for your application before the Board of Appeals. Kindiy submit 6.38 for the following: Filing Fee Postage 6.38 Yourcheck must be made payable to the Town of Vorth Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Linda Dufresne, Clerk