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Miscellaneous - 35 WOODBERRY LANE 4/30/2018 (3)
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Schrader Modification Date: January 10, 2006 ADDRESS: 35 Woodberry Lane Town of North Andover `tag: Office of the Zoning Board of Appeals Sheet/Drawing Community Development and Services Division 400 Osgood Street North Andover, Massachusetts 01845 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 Minor Modification to Notice of Decision Year 2005 Property at 35 Woodberry Lane Town ©erk Tune Stamp R`CEIVED TOWN rLR i•S OFFICE 2006 FEB 15 AB 10: 22 R,1i NOf H F` W!D0* .. MASSA01-115. NAME: Linda F. Schrader Modification Date: January 10, 2006 ADDRESS: 35 Woodberry Lane PETITION: 2005-024 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, January 10, 2006, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Linda F. Schrader, 35 Woodberry Lane, North Andover, MA requesting the Board to modify the September 13, 2005 decision granting a Variance from Section 7, Paragraph 7.3 of the Zoning Bylaw for relief of 7.9' from the east side setback per Plan of Land in North Andover, Ma., prepared for owner & applicant: John & Linda Schrader, 35 Woodberry Lane, North Andover, Ma., Date: June 20, 2001, Rev. August 08, 2005 [by]John M. Abigis, P.L.S. #35773, John Abagis & Associates, Professional Land Surveyors, 137 Chandler Road, Andover, Ma. This plan showed an earlier version of the proposed addition that did not include the proposed chimney. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Richard M. Vaillancourt. The following non-voting member was present: Daniel S. Braese. Upon a motion by Richard J. Byers and 2°d by Richard M. Vaillancourt, the Board voted to GRANT the applicant's request for a minor modification to the Variance 2005-024 by acceutine the January 03- 2006 nlan- Site: 35 Woodberry Lane 38 Parcel 1391, North Andover, MA 10845 Site Plan Title: Certified Plot Plan prepared for: John & Linda Schrader at 35 Woodberry Lane, North Andover, MA. Date (& Revised Dates): January 12, 2006 Land Surveyor John M. Abagis, P.L.S., #35773, John Abagis & Associates, Professional Land Surveyors, 9 Bartlett Street, No. 252, Andover, MA. Sheet/Drawing Job No. 4814B; Plan No. 15229 wim me rottowmg concuuon: 1. The applicant shall submit a Mylar of the Certified Plot Plan #15229. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Richard M. Vaillancourt. The Board finds that the January 03, 2006 plot plan shows that the revised addition footprint with chimney is within the granted east side setback variance. The Board finds that the new plot plan citation is a minor modification to 2005-024, the modification request is within the allowed seven (7) year modification time, the modification request does not grant relief different from that originally sought, and does not change the result of the original decision Town, of North Andover Board of Appeals, Ellen P. McIntyre, Chair Decision 2005-024 Modification. Enclosure: Decision. 2005-024 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 ZBA 311 ate ... ) ..... .... TOWN OF NORTH ANDOVER RECEIPT tl'l - This certifies that .. .Jo) ...... .......................... has paid # ... /.0.0.! ... OD ... C, k a g�.- — — ................. ................................. ffor A -- or . ......... f.t:r ...... �..S ..... Received by ....... A � . .. ..................................... Department............ �n.b .. A .............................................................. WHITE: Applicant CANARY: Department PINK: Treasurer Raymond Santilli, Interim Community Development Director Town of North Andover Community Development and Services Division J/ Town Clerk Time Stamp Office of the Zoning Board of Appeals �tl,WR E CEIIVS I) 400 Osgood Street CE North Andover, Massachusetts 01845 Any appeal shall be filed within (20) days after the date of filing Of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, U7 Telephone (978) 688-9541 Fax (978)688-9542 Notice of Decision Year 2005 NAME: Linda F. Schrader ADDRESS: 35 Woodberry Lane North Andover, MA 01845 I'M SEPZ7 PM 4: 19 TOWN OF MASSACHUSETTS at: 35 Woodberry Lane HEARING(S): September 13, 2005 1N: 2005-024 DATE: September 21. 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hail top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, September 13, 2005 at 7:30 PM un the application of Linda F. Schrader, 35 Woodberry Lane, North Andover requesting a dimensional poVariance from Section 7, Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to amily room above. Said premises affected is property with frontage on the build a proposed garage with a f South side of Woodberry Lane within the R-3 zoning district. Legal notices were sent to all abutters and published in the Eagle -Tribune on August 22 & 29, 2005. The following members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R Webster, and Thomas D. Ippolito. The following non-voting member was present: Daniel S. Braese. Upon a motion by Richard J. Byers, amended by David R Webster, and 2nd by voted to GRANT a dimensional Variance from Section 7, Para Albert P. Manzi, III, the Board relief of 7.9' from the east side setback in order to construct an attached gagTable below a fano Zoning Flaw for of Land in North Andover Ma. y m, per Plan prepared for owner & applicant: John & Linda Schrader, 35 Woodberry Lane, North Andover, Ma., Date: June 20, 2001, Rev. August 08, 2005 [by]John M. Abagis, P.L.S. #35773, John Abagis & Associates, Professional Land Surveyors, 137 Chandler Road, Andover, Ma., and Schrader Addition, Date 06/09/05, Drawn by LAD, Habitat Post & Beam Inc., 21 Elm Street, S. Deerfield MA 01373, with the following conditions: 1. The applicant shall submit a revised Mylar without the "Proposed 50' Roadway Easement". 2. The proposed addition shall be at least 2' less than the existing structure. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert Ippolito. P. Manzi, III, David R Webster, and Thomas D. The Board finds that owing to circumstances relating to the soil conditions, (the right rear of the parcel was a stump and boulder dump causing the existing structures and septic system be located towards the left front), shape, (the lot is harrow), or topography of the structures (no room between the structures and the side setbacks) and especially affecting this land and its structures but not affecting the neighborhood or the zoning district in general. The Board finds that a literal enforcement of the provisions ofthis substantial Bylaw will in hardship, that the excavation of the boulders and stumps in order to fit the addition without this Variance, would cause financial or otherwise, to the petitioner or applicant. The Board finds that the August 6, 2005 letter from the abutter at 45 Woodberry Lane, stating that the abutter has reviewed the proposed plans and does not object to the variance for the attached garage with great room above has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw. Therefore, the Board finds that the granting of this Variance will not adversely affect the east abutting parcel, or the neighborhood, or derogate from the intent and purpose of the Zoning Bylaw. Page 1 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Ahdovef Community Development and Services Division Office of the Zoning Board of Appeals ''•' "�`' 400 Osgood Street Raymond Santilli, North Andover, Massachusetts 01845 Interim Community Telephone (978) 688-9541 Development Director Fax (978) 688-9542 Town Clerk Time Stamp /I TOWN t� FRK ED f tOF ZOOS SEP 27 Pm 4: 19 TOWN OF N SSq y Eu *S Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, El en P. McIntyre, hair Decision 2005-024. M38P139. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 NORT// Town of North Andover a Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street s�cNus North Andover, Massachusetts 01845 Raymond Santilli, Interim Community Telephone (978) 688-9541 Development Director Fax (978) 688-9542 Legal Notice North Andover, Board of Appeals Town Clerk Time Stamp RECE�VEID TOWN CLER 'S OFFICE 1005 AUG 25 AM 9: 25 TOWN 8F NORTH AFS OVER HASACHUSE?"' S Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13'h of September, 2005 at 7:30 PM to all parties interested in the appeal of Linda F. Schrader, 35 Woodberry Lane, North Andover requesting a dimensional Variance from Section 7, Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above. Said premises affected is property with frontage on the South side of Woodberry Lane within the R-3 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on August 29 & September 6, 2005. Legalnotice 2005-024. M38P139. a2++� Q�3�oocCA _ bba91,c— 'r- p, n e� 'r- ZiEmE'a I vo: Nd .0 W'-�c Dn��4 m •�• m N7 co Hmab �d�OV ��b m,,.��bOJ a���-?11D 4TJ m ui 0� m _- J 7 0.2:119. i b W@ 0. v ZZ P7 '3.� �p"b S�� mfD i+e 7�DQ N`a�gi >N:.0 m �,� m:n ..niidw FL IL 1 `itn1$fg� :� a ro 3- in g 2 •a��o�'o'a$� '�rT�3' '�iMM� Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 D. Robert Nicetta Building Commissioner Town of North Andover Town Clerk Time Stamp Community Development and Services Division RECEIVED Office of the Zoning Board of Appeals TO`ts : 62U RK'S OF; ICE 400 Osgood Street North Andover, Massachusetts 01845 1005 AUG 18 All 9: r,1. Telephone (978) 688-9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals TOWN OF NORTH ANDOVER MAS ACHi1SE': � S Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13th of September, 2005 at 7:30 PM to all parties interested in the appeal of Linda F. Schrader, 35 Woodberry Lane, North Andover requesting a dimensional Variance from Section 7, Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above. Said premises affected is property with frontage on the South side of Woodberry Lane within the R-3 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on ugust 22 29,2005. / ,� I' �') �J Legalnotice 2005-024. M38P139. Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 D. Robert Nicetta Building Commissioner Town of North Andover Town Clerk Time Stamp Community Development and Services Division RP CE!VED Office of the Zoning Board of Appeals TOYUN O ERK'S OF` ICF 400 Osgood Street North Andover, Massachusetts 01845 2005 AUG 18 Ali 8: 534 Telephone (978) 688-9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals TOWN OF NORTH ANDOVER MASSACHUSET"S Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13`h of September, 2005 at 7:30 PM to all parties interested in the appeal of Linda F. Schrader, 35 Woodberry Lane, North Andover requesting a dimensional Variance from Section 7, Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above. Said premises affected is property with frontage on the South side of Woodberry Lane within the R-3 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on August 22 & 29, 2005. Legalnotice 2005-024. M38P139. Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 I X No.. Date � N°RTM 1 TOWN OF NORTH ANDOVER BUILDING DEPARTMENT Building/Frame Permit Fee $ SSACNUS� Foundation Permit Fee $ C,V d,l 03 Other 4e reit-Fee '10si-ase $ -15r 17 qlo pry i� r , car` rB+aadding^irispec�tc�s. ZBA 2 7 8 Date / TOWN OF NORTH ANDOVER RECEIPT This certifies that. ... <�.olde.r .................................... .. ................ has paid #5-0..�. 1190 ...... ... tom . . .... ' ....!!4!.dry. for - Vri -,( .........4!�q..04,3100 S .0 Receivedby ... 11 ..... .................................................. Department....... ............................................................... WHITE: Applicant CANARY: Department PINK: Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2005.0042 Date: August 9, 2005 APPLICATION TYPE: SUBMISSION DATE: Variance Tue Aug 09, 2005 ADDlicant's Name: NAME: SCHRADER, LINDA F ADDRESS: 797 TURNPIKE STREET TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information: Owner's Name: NAME: SCHRADER, LINDA F ADDRESS: 797 TURNPIKE STREET TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Work Location.: MAILING DATE: SITE ZONING: 35 WOODBERRY LANE APPEAL DATE: R-3 TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 HEARING DEADLINE DATE: GIS # MAP: BLOCK: LOT: ACTION TAKEN: 2120 1 038.0 1 0139 FIRST ADVERTISING DATE: HEARING DATE: Reason for filing: Var. From 7.3 & Table 2 for east side setback in order to build proposed garage ubder a family room. HARDSHIP. FINDINGS: COULD NOT DEROGATE BECAUSE FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Aug 16, 2005 Wed Se 07, 2005 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Aug 29, 2005 Thu Oct 13, 2005 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Aug 29, 2005 Tue Sep 13, 2005 SECOND ADVERTISING DATE: HEARING TIME: 1 VOTING DEADLINE: DECISION DEADLINE: Mon Sep 05, 2005 1 Thu Nov 17, 2005 1 Thu Nov 17, 2005 MEMBERS PRESENT: VOTE: MOT10N MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS®1998 Des Lauriers & Associates, Inc. "°"':. Town of North Andover Office of the Zoning Board of Appeals •ti.-. ��+�• �, Community Development and Services Division 'x 400 Osgood Street North Andover, Massachusetts 01845 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 NAME: Li ADDRESS: 35 Minor Modification to Notice of Decision Year 2005 F. Schrader Lane Property at 35 Woodberry Lane Town Qerk Tmie Stamp RECEIVED TOS`! 7t,—Ep 'S OFFICE 2006 FEB 15 AM 10: 22 NOaTH ;i:'l „� , 17 MASSi-11 ;. modUlcation Date: January 10, 2006 PETITION: 2005-024 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, January 10, 2006, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA° n the Schrader, 35 Woodberry Lane, North Andover MAapplication of Linda F. requesting the Board to modify the September 13, 2005 decision granting a Variance from Section 7, Paragraph 7.3 of the Zoning Bylaw for relief of 7.9' from the east side setback per Plan of Land in North Andover, Ma., prepared for owner & applicant: John & Linda Schrader, 35 Wwoeny Lane, North Andover, Ma., Date: June 20, 2001, Rev. August 08, 2005 [bylJohn Xt Abagis, P.L.S. #35773, John Abagis & Associates, Professional Land Surveyors, 137 Chandler Road, Andover, Ma. This plan showed an earlier version of the Proposed addition that did not include the proposed chimney. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Richard M. Vaillancourt. The following nonvoting member was present: Daniel S. Braese. Upon a motion by Richard J. Byers and 2-w by Richard M. Vaillancourt, the Board voted to GRANT the applicant's Trw for a minor modification to the Variance 2005-024 the J 03, 2006 an P,. Site: TJa W Lane 38 Parcel 139 , North Andover, 10845 Site Plan Title: ified Plot Plan prepared for: John &Linda Schrader at h AndoverMALane, Date & Revised Dates): 12, 2006 Land Surveyor M. Abagis, P.L.S., #35773, John Abagis & Associates, Professional Land S ors, 9 Bartlett Street, No. 252, Andover, MA. Shcet/Drawin No. 4814B; Plan No. 15229 j with the following condition: `... 1. The applic9W shall submit a Mylar of the Certified Plot Plan #15229. 3 --- Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Richard M Vaillancourt The Board finds that the January 03, 2006 plot plan shows that the revised addition footprint with chimney is within thED granted east side setback variance' The Board finds that the IIew Plot plan citation is a minor modification to 2005-024� the modification request is within the allowed seven (7) year modification time the modification relief different from that ori ' request does not grant grnally sought, and does not change the result of the original decision Town of North Andover 0 - Board of Appeals, Co Ellen P. McintyW, Chair Decision 2005-024 Modification. Dn#lo Decision. 2005-024 FEB 17 2006 Toni BOARD OFWE,ls 978- 688-9541 Building 978.688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688.9535 0Emp11 LIQ W mzL Lrl rti �Z2Lou) eoUn �r Q CL --j WOtA� Q LC moo ct www LJ �y UQ�=O a a N a 0 oL oQ °moo oQ o¢ TZ ZJ l� w U- E- w Wo p OO LZLAJ �CC) A WN WZ Z U� Q 1w, C, c C, V. C ti O M LL, V) > Q = c�wcr�� Z w o- LL3 0 5;0C)<0 �O-��Z U3 V) m Z a m X W -J LL- Q W WWONLL Q F LSI LSI O O>'Z OzF-Q�3 V) LLJ W m Ln vi cr- -j LrJ CL Z=Zln0w -r V, : W: F- H z O ui w 00Qo33 Ld (n >- F-w<3z0 cD CO Q 1) LII:'. C=) CL! LL.: r -r O. �-y m �JSF'iTS bb -,q4 � n � 0�< z la I L� Q M„�S-,OS-,GOS m w I 0 r) N ,L'8l 00 *S V - i O r O 0 Q 0 w0 oLLJQ w<w J X � '> O Q w w -1 L Z T6' 0 -F -Op o CL W Q� F- \ Qi�:a-(n O �' \ 2 \ 6� p � O LO , A ',P(-) 7 N J Z J ^ Z Z) i m � W J = Q Q L G a Z N Z O U w O m W o- Z O a F- � w (A r a- � Q Q O d - co } LL-F� 'o Q Z Q 000 N qDi ~ 04 Q W 1 w i o N Q O Q N. ZWW o LLJ ° z 'Nox Z w rh N O I� wll Q O W o •• o J 0 O Q O W U�o E O Q fW p Q Q I Z u Q v Q -4 C) MI \ N .., � QZkrn r� ^ c CL /. W1v- Q Dov o�N 11,1�( Essex North County Registry of Deeds 381 Common Street O2/15/O6 AHDOVER EqUITY DUILDER� ""NC KA # 32 Rec: Type PL ' - 5100 � DOC. 5O67 C. P. R. D. 5.00 N 33 Rec: Type NOTC 50. 00, DOC, 5O68 C. P, 20. 00 | R. D. 5.00 Total. 150.00 TIANK YOU! Thumas J. \ 35 Woodberry Lane North Andover, Mass January 5, 2006 Town of North Andover Office of the Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 To the Board, I am requesting the Board to issue a modification of my 2005-024 Notice of Decision granted September 13, 2005 regarding a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above as per plans submitted dated June 20, 2001, Rev August 8, 2005 (by) John M Abagis, P.L.S. #35773, J John Abagis & Associates, Professional Land Surveyors, 137 Chandler Road, Andover, Ma and Schrader Addition, Date 06/09/05 drawn by LAD, Habitat Post & Beam Inc., 21 Elm Street, S Deerfield Ma 01373. Somehow in the process, the footprint of the addition was not accurately shown on the plan submitted. A chimney was omitted from the setback side that does not infringe on the Side Setback Variance Granted and the length of the addition measures 28 feet by 28 feet not the 24 feet shown on the original footprint. Neither of the footprint changes infringes upon the Variance granted on September 13, 2005, but I am requesting the Board review and approve the Plan of Land Revised January 4, 2006 by John Abagis & Associates as attached so that the building permit can be issue as quickly as possible. The framework for the addition per this plan has already been cut and is pending delivery upon the issuance of the building permit. Enclosed in this packet please find a copy of the Notice of Decision September 13, 2005, the Plan as submitted for that Decision and the Plan revised January 4, 2006. 1 apologize for the inconvenience and time regarding this re -consideration, but greatly appreciate your effort to approve the revised Plan that does not infringe upon the setback granted by the Board. As time is of the essence in our obtaining the building permit, I would appreciate your consideration in this approval. Sincerely, t 0(dM %x Linda Schrader '9N5-2006) BOARD OF APPEALS 4 �J � .. � � � . t,. .. � , -�r� � .. .. � � e. � a . ti � � � �'' r � � _ 4 w � << a— W k-:0wc~� �S'otij O 5;V)0Q� Q ��= m 0 a �UpOQ `L V) p J�C) Q',K w�mczi)F- J J 1 Q Z w- N Q C) _ ^ w zLL- Q wm ����� O O �w0E- ��SEITS6� ~ Z �_ Cn LL a =w w 0 �QG Z~O}Z z 0ZF-Q0?� °�00 M J O =Q win Y a z W J Z ~ Q O w n' Q Q 'y0�yW03 w vii= ) N W W J��W�Q >-ZoEYLLJ NU O Q Q w V aw..O��Z� N � �pww J LLJV) ZZ O p QL Z Q � J O � j c Z Q J LLJ C CD Z Q O Z Z 6LL 0 0 3Z ~ � 4 O O 000000 . N Q k � O FS p O� �a J N O LL. Q �� W rn CO CL Z � ►Yj j 8'6l 700d O Q Ns'z L ^£'bN 000 0 v J LCJoN tZ Z d w � S/ O V ` O o O U w�� LZ w'�� � X3 m w m aQ W Oo oaWo�N Q Qo N=0� N z W a O N a N o cz �� Ln L) o Lij O, W O o �o W q.0 oN ,� Q Q W �" WSW Z� �� ��\� Q Ci Q C) o o � ,�o. rn 0 IV 0 p I v 0� Q i Raymond Santilli, Interim Community Development Director Town of North Andover Town Clerk Time Stamp Community Development and Services Division Office of the Zoning Board of Appeals TO,,tlh rL.FE+VS O rlC� 400 Osgood Street North Andover, Massachusetts 01845 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A. $17 NAME: Linda F. Schrader Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2005 ADDRESS: 35 Woodberry Lane North Andover, MA 01845 IWO SEP 2 7 PN 4: 19 TOW44 OF 11��N�O�RTH ANDOVFt nis�t� rUAIily VSiii�T4 (20) days have elapsed from date of decision, filed without filing of a a peal. Joyce A, Bradshaw Town Clark at: 35 Woodberry Lane fARING(S): September 13, 2005 PETITION: 2005-024 TYPING DATE: September 21, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, September 13, 2005 at 7:30 PM upon the application of Linda F. Schrader, 35 Woodberry Lane, North Andover requesting a dimensional Variance from Section 7, Paragraph7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above. Said premises affected is property with frontage on the South side of Woodberry Lane within the R-3 zoning district. Legal notices were sent to all abutters and published in the Eagle -Tribune on August 22 & 29, 2005. The following members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Webster, and Thomas D. Ippolito. Manzi, III, David R The following non-voting member was present: Daniel S. Braese. Upon a motion by Richard J. Byers, amended by David R. Webster, and 2°d by Albert p. Manzi, III, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 7.9' from the east side setback in order to construct an attached garage below a family room, per Plan of Land in North Andover, Ma., prepared for owner & applicant: John & Linda Schrader, 35 Woodberry Lane, North Andover, Ma., Date: June 20, 2001, Rev. August 08, 2005 [by]John M. Abagis, P.L.S. #35773, John Ma.,d Schrader Abagis & Associates, Professional Land Surveyors, 137 Chandler Road, Andover, and Addition, Date 06/09/05, Drawn by LAD, Habitat Post & Beam Inc., 21 Elm Street, S. Deerfield an 01373, chra with the following conditions: 1. The applicant shall submit a revised Mylar without the "Proposed 50' Roadway Easement". 2. The proposed addition shall be at least 2' less than the existing structure, Voting in favor Ellen P. McIntyre, Richard J. Byers,Albert P.Ippolito. Manzi III, David R Webster, and Thomas D. The Board finds that owing to circumstances relating to the soil conditions, (the right rear of the parcel was a stump and boulder dump causing the existing structures and septic system be located towards the left front), shape, (the lot is narrow), or topography of the structures (no room between the structures and the side setbacks) and especially affecting this land and its structures but not affecting the neighborhood or the zoning district in general. The Board finds that a literal enforcement of the provisions of this Bylaw will involve substantial hardship, that the excavation of the boulders and stumps in order to fit the addition without this Variance, would cause financial or otherwise, to the petitioner or applicant. The Board finds that the August 6, 2005 letter from the abutter at 45 Woodberry Lane, stating that the abutter has reviewed the proposed plans and does not object to the variance for the attached garage with great room above has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw. Therefore, the Board finds that the granting of this Variance will not adversely affect the east abutting parcel, or the neighborhood, or derogate from the intent and purpose of the Zoning Bylaw. Page 1 of 2 A TEs,r: A True Copy O �.�r..G.... P,unrd oP:lppeais 978.688 ')541 Building 918-,88-9545 Cons.rcation )78-688-9530 Health 978-088 9540 PLuu i {��''9�t•4�g5�5 a..... Town of North Andover Town Clerk Time stamp Community Development and Services Division ECEIV Office of the Zoning Board of Appeals rOW��Fl "nN� ED 400 Osgood Street Raymond Santini, North Andover, Massachusetts 01845 2005 SEP z 7 PH 4; 19 Interim Community Tclephone (978) 688-9541 tt Development Director Fax (978) 688-9542 N2,RTH TOWN Or CHUs E`; r`S Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, l El en P. McIntyre, thair Decision 2005-024. M38P139. Page 2 of 2 Board of :1ppe:ds 978- t,88-9541 Building 978-088-9545 Con -,n tion 97R -e,88-9530 Health 978-iR&95.10 ?tanning 978-08-9535 ODM N �z� c� 70 � v o=( -icy Raj mmn i :EXlSTjN, fG� 21.4. N0 WE�UNG ' w0OD DEOK ti POOL UI Z\� m M PROP qDD JN V `\ ny _ J NoQrIl ` n op o � c� QD rr °ri � N c� nl 12.1' ��R� �' v 2.9'rvlz Z < a o 4.5 � -U) 19.8' p ( 1 �aoW c, CON�-p �o 00 0 b D 45.00' - � F z �A o x r 0 v �+4pz O J En tp W •' oa Glennon, Michel From: dental depot [dentaldepot@comcast.net] Sent: Thursday, January 05,2006 1:12 PM To: Glennon, Michel Subject: 35 Woodberry Lane.doc 35 Woodberry Lane North Andover, Mass January 5, 2006 Town of North Andover Office of the Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 To the Board, A- a'%, i vi i I am requesting the Board to issue a modification of my 2005-024 Notice of Decision granted September 13, 2005 regarding a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed garage with a family room above as per plans submitted dated June 20, 2001, Rev August 8, 2005 (by) John M Abagis, P.L.S. #35773, J John Abagis & Associates, Professional Land Surveyors, 137 Chandler Road, Andover, Ma and Schrader Addition, Date 06/09/05 drawn by LAD, Habitat Post & Beam Inc., 21 Elm Street, S Deerfield Ma 01373. Somehow in the process, the footprint of the addition was not accurately shown on the plan submitted. A chimney was omitted from the setback side that does not infringe on the Side Setback Variance Granted and the length of the addition measures 28 feet by 28 feet not the 24 feet shown on the original footprint Neither of the footprint changes infringes upon the Variance granted on September 13, 2005, but I am requesting the Board review and approve the Plan of Land Revised January 4, 2006 by John Abagis & Associates as attached so that the building permit can be issue as quickly as possible. The framework for the addition per this plan has already been cut and is pending delivery upon the issuance of the building permit Enclosed in this packet please find a copy of the Notice of Decision September 13, 2005, the Plan as submitted for that Decision and the Plan revised January 4, 2006. I apologize for the inconvenience and time regarding this re -consideration, but greatly appreciate your effort to approve the revised Plan that does not infringe upon the setback granted by the Board. As time is of the essence in our obtaining the building permit, I would appreciate your consideration in this approval. Sincerely, Linda Schrader 1/5/2006 35 Wovd ��r 1` ane L►, f��� 9-13-x" s Aug 24 05 12:10p family FAX COVER To: Mitch, Zoning Board of Appeals Fax No. 978-688-9542 978 682 3113 p.1 FROM: Linda Schrader Fax No. 978-682-3113 RE: Legal Notice UGHHHHHHHHH....... no notice appeared for us on Monday, 8/22. Enclosed is a copy of my fax cover and in the upper left corner, you will see my notation that I confirmed with Terry at 9:30am that she did in fact, receive all the necessary information for the notice. I just left a message for Terry — she is out at lunch — to call me back. The ads cost $240. and I will assume that we will need to re -do our date and rc-do our mailings with additional $75.00 postage and more labels. ERRRRRRR.....this is truly maddening! Let me know our next step. THANKS. Linda Cc: Terry at Eagle Tribune / OA\ �ECEE Wd } . U A11r, �Y � 2005 BOARD OF APPEALS Aug 24 05 12:10p family 978 682 3113 p.2 41- CIIT- FAX COVER SHEET THE WILLOWS DENTAL GROUP 795 TURNPIKE STREET NO. ANDOVER, MA. 01845 TEL. 978-685-8313 FAX. 978-689-9592 DATE: C"o FOR: FAX NO: zz- FROM: 1'iA #PAGES (including cover): MESSAGE: 2 tj Y 6;'T11 7 9 J, 2005 BOARD OF APPEALS )-7 41- CIIT- FAX COVER SHEET THE WILLOWS DENTAL GROUP 795 TURNPIKE STREET NO. ANDOVER, MA. 01845 TEL. 978-685-8313 FAX. 978-689-9592 DATE: C"o FOR: FAX NO: zz- FROM: 1'iA #PAGES (including cover): MESSAGE: 2 tj Y 6;'T11 7 9 J, 2005 BOARD OF APPEALS TOWN OF NORTH ANDOVER VAKIANUL �ei� ZONING BOARD OF APPEALS Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (� days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Board of an application as The information herein is an abstract of more specific' requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4. OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP 5* SP Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. 8 Services 400 Osgood Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office IIIIIli AUG 9 - 2005 BOARD of- A STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7• DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk STEP 10• RECORDING THE DECISION ANO PLANS, The petitioner is responsible for recording certification o1 the decision, the Mylar,' and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. PAQE 1 of 4 North Andover Town Hall 120 Main Street C _. r") 978-688-9501 Town Clerk's Office '. 978-688-9568 Assessors Office v PAGE 4UI- 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. C. U E. F. The particular use proposed for the land or structure. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to supporta finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation -plans by a Registered Architect may be required when the application Involves new construction/conversion/ and/or a proposed change In use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: Ij five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 111=40' In One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated. On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend A Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plar 6. Names addresses and phone numbers of the applicant, owner or recons, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of -November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. 11.13. Mailing labels: Applicant shall provide four (4) sets of mailing labels no- larger than Vx2-5/8" (3 copies for the Legal, and :one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. 4 A Variance once granted by the ZBA will lapse in Kone) year if not exercised and a new petition must be submitted.+ PAGE 201:4 OF4 *The Petitioner shalt be entered ered on the ��,yn�@� Of Lan legal notice and the rship: d. Name wr as enter _ � Address ._ . ed above. Years Owner Land: Location of Property, AAsSes9i tstS Som' MaP num . ry of pads: -Book NU ��Zo 4• Zoning B is umer: ntng District: WOO, �ction($)* Inde Pat Number: o r which 9e Numbe= the petition for "Refer to the the Vallance Zoning BYlaw a is mad@. Denial and Plan Rei 5.@scribe the Narrative fo �an�ancOreqUet,. � as supplied by the Building Commissioner: as v rn►oh;�SQ Ston Ift�� sow o a� 8 A. �i IndUdell ;,R . ►dent o f S of this d"�hlon. Amon, fferenc rhe ' . F�4, kbOd cun,ent Zonin . e from zoning ►sloe wra b; ti 4 e'' `-nptt°" is Lot Area 8 Bylaw Requl►gme g BYiaW i aqui fihi� dam"° ^�y't tt�"L;re9uoft Pram'" to b+. SO. Ft. 9� Ft Space pin t@. (Lines A an g me nts: lndlce , aftthe the irvaWit h' A'� Cove �9e Lot Fronde �� of a lot split) �menslon�$J that w/ll n 8 , Feet $arking of meet P8ce3 _ Front Side A Side B Rear PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner: *Name, *Address and telephone number: J , Rhe *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Years Owned Land: 3. Location of Property: a. Street: 3S- I "to, Zoning District: b. Assessors: Map number. Lot Number: c. Registry of Deeds: Book Number: Page Number: ,- 7:1 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 6. Describe the Variance request: riome � I{ -t- dide, 6e 4 d- t Av' �a6/de 6 k, The above.descriptton I be used for the purposeof the legal notice and decision. A more oiled #"pt" is required pursuant to the Zoning Board Rules and Regulations as cited on paps 4, section ! of this application. Failure by-ftappllcant twdescribe the request clearly mall rbsult in a decision !fiat doss not address ft intent of the applic�. The decision will be limited to the request by the applicant and will not Involvs addift' Item not Indudsd above 6-A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft.. Coverage Feet Spaces Front Side A Side B Rear B. % rays -j vl -0 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 5� .r'.,. ... .4r, _K.. .2f'uw,mr ,c.i�U, tv K_ ^ +� a..+ 3.a:3 a3:�..::-.+�.u,.r., . 1_ 6 B. Existing Lot: Number of Height Total Use of Number Square feet Floors I Sq. feet Building` of Units"" Lot Area Open Space Percent Lot Frontage Parking Bylaw & Table 1. Minimum Lot Setback TB. Proposed Building(s): Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2 cave 6 C. Proposed Logs): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet, Spaces Frronot Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors I Sq. feet Building` of Units"" p *Reference Uses from the Zoning Bylaw & Table 1. *"State number of units in building(s). TB. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet .Floors Sq. feet Building' of Units"` 2 cave *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Zoning Bylaw Denial Town Of North Andover Building Department 400 Osgood St North Andover MA. 01845 .�s.7 Phone 878485-8546 Fax 878488-6WZ Street L/1 n� e IAadLot 3R3 / / 3 9 Request a y �� 07 SLoaie/�r—E Date: //-0 /0 5 Please be advised that after review of your Application and Plants that your Application is DENIED for the following Zoning Bylaw reasons: Zoning X -:5 hart Notes Site Plan Review Special Permit Rom Notes A Lot Area lot Area Variance F Framer Congregate Housing• Permit 1 Lot area Insufficient Special Permits Zoning Board 1 Frontage Insufficient Large Estate Condo Special Permit 2 Lot Area Preexisting2 special Permit Use not Listed but Similar Planned Residential Special Permit Fro a Complies vs 3 Lot Area Complies �S 3 Pree 'by e 4 Insufficient Information 4 Insufficient Information B USO 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 3 1 Not Allowed Use Preexisting 1 2 Insufficient Area Complies `� - S 4 Special Permit Required ' -T Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 HeM Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient S 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information S 5 Rear Insufficient i Building Coverage 6 Preexists setbacks 1 Coverage exceeds maximum 7 Insufficient Information 12 Coverage Complies S C W$itam1e+ 9 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed yL'S j Sign 3 Lot prior to 10124/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K I Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies S 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below, Ilan i Special Permits Planning Board Itsrn / Variance Site Plan Review Special Permit - 3 Setback Variance Access other than Frontage Special Permit Parldng Variance Frontage Exception Lot Special Permit lot Area Variance Common DrMmay Special Permit Height Variance Congregate Housing• Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Indeperiftnt Eklarly Housing Special Permit Sp9cW Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned District Special Permit special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permitproeyisting nonconforming Watershed Special Permit The above review and all 1 splenstim of ash Is based on the plans and information &&nK@& No Wkr dve renew and «advice sW be bsesd on wbsl enr11arr1ians by the appkwt nor "such va eon wahmr by the aPpkwd — W provide WWdbva answers Io the dxw ressmai forDENIAL Any w a=irsd s, misNsdirg I ft.1 atlon, or other subssguw t ctWVM to the Wwmalimr s WWW by bre appYcrr1 *0 be Brands fm-ttra rnvisw m be voided 9 the dk«abon of #a B A*V Depw n w t. The stdchad docra tWed.-Mm RwiswtrsriaW ohd be a a* ad Isrstosnd irsarpmatsd term by aderw . The bul ft IF hrrd wa MWn d plarw and dwJnnhtlon far the above ft. YOU must lbs a new b Oft pmnrt appicab- form and beg„ ft pmn N Pis. ZLY:��i �� riding Department Official Signature Application Received Application twied n....;-.1 0....4 • .s —.— nL...... \I..wwl.e./nnln• Plan Review Narrative The following narrative Is provided to further explain the reasons for denial for the applicationj permit for the property indicated on the reverse side: 14- ..le//_nqc moa2ce oPp�,aLS as �e--7tZec/C cSre v�v�a� ��/� �.�� /,7��/ Pro OS/--P�I , " / T ) / 4/e_ 07, �v v LIQ ✓��2�1 Anvdp ,, ,r -- /1) y u-1- Rwfmmd Tn- Fire HwKh Police Zoning Board . Conservation Deparbnerd of Public Warks Planning Historical Commission Other BUILDING DEPT TO: Town of North Andover Zoning Board of Appeals FROM: Linda Schrader 35 Woodberry Lane, North Andover, Mass 01845 DATE: July 20, 2005 Subject: Variance Section 9 — Variance Application, points A -F: 2 pages A. My particular Variance request for the proposed use of adding a two car garage with a great room above. B. The particular circumstances of my lot relating to soil conditions are not interfering, changing or altering in anyway with any other abutting property and will not alter the soil conditions provided the zoning variance is granted. Moving the proposed addition further back on the lot would involve substantial change in soil, as the lot was used for dumping the stumps and boulders from the subdivision. The particular circumstance of my lot relating to shape are that my lot is angled odd shaped like a pie with minimum setbacks on the sides making the proposed front of the garage and great room 7.5 ft less than the required 20 foot side setback and the proposed back of the garage and great room 1.3 feet less than the required 20 foot side setback. The particular circumstances of my lot relating to topography, or to the structures especially affecting the property for which the Variance are less than the required 20 feet side setback is that the structure is proposed so as to not cause the dig—out and removal of soil due to stump dump fill in the backyard at the top of the driveway and removal of many trees. The proposed structure will be built at the level of and over the current existing driveway which will not change the topography in a negative way of either our property or the abutter's property. C. Due to the shape of our lot and the placement of our foundation prior to purchase of the property, placing the garage elsewhere on our lot would involve removal of substantial number of trees and substantial alternation of the soil as our lot to the rear of the proposed garage was used by the builder as a "stump dump" which we discovered when we attempted to have our in ground pool installed. Our pool location had to be changed to the opposite rear of our property. Placement of the proposed addition at a place which would meet the zoning required side yard setback would entail additional buildings being added in order for the garage to be attached to the original structure and substantial alteration of the soil due to stumps and boulders which would result if the literal enforcement of the Zoning Bylaw section on this land or use if this Variance relief is not granted. D. Granting of the variance will allow a less cluttered appearance to the neighborhood by garaging vehicles and outdoor equipment currently on the driveway providing safety to the surrounding abutters by deterring temptation of theft or mischievous damage will support a finding that the relief sought will be desirable and without substantial detriment to the public good. E. Approval of the proposed addition to the current house structure is desirable as it will entail removal of only one tree of the surrounding topography and will be will be more than 50 feet from the abutting properties house structure, will add value to the existing structure and not interfere with abutters support a finding that the relief sought may be given without nullifying or _substantially derogating from the intent or purpose of the Zoning Bylaw. F. N/A TO: Town of North Andover Zoning Board of Appeals RE: Variance Request by Linda Schrader 35 Woodberry Lane, North Andover DATE: August 6, 2005 FROM: &2-EIQ76A -FAIt 1. ,<A) tL I am listed as an abutter to the captioned property requesting a variance Section 7, paragraph 7.3 and Table 2 for yard setback on side to add an attached garage with great room above. I have reviewed the proposed plans and do not object to the granting of the variance for the addition of an attached garage with great room above. ignature Date:—C/ U 1Lfs- S Address —� � rl M 'too :77� IIL N4if�� Abutter to Abutter ( x ) Building Dept. ( ) Conservation ( ) Zoning ( Town of North Andover Abutters Listing REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 38 139 Linda Schrader, Tr 35 Woodberry Lane North Andover, MA 0 Abutters Properties MAP PARCEL Name Address 38 11 William Uttley ,.36 Woodberry Lane North Andover, MA 0 38 12 George Gailey 1l M6 Marbleridge Road North Andover, MA 0 38 52 Dorothy Giard rt+v tA? d 1575 Sandy Lane Clearwater, FI 34615 38 134 Mona Leveille �T Orvis Road Apt #2 Arlington, MA 38 135 Richard Stumpfler xA Woodberry Lane North Andover, MA 0 38 136 Robert Kettinger x/26 Woodberry Lane North Andover, MA 0 38 137 Laurence Travaglia `.46 Woodberry Lane North Andover, MA 0 38 138 Eric Faulkner v-4-& Woodberry Lane North Andover, MA 0 38 140 Fred Oliveri k25 Woodberry Lane North Andover, MA 0 38 141 Janice Bickley V115 Woodberry Lane North Andover, MA 0 38 142 James Daly Woodberry Lane North Andover, MA 0 38 302 Robert Lurvey V>31 Thistle Road North Andover, MA 0 38 303 Crag Core ,.143 Thistle Road North Andover, MA 0 38 304 North Andover Land CorpCO Beechwood Drive North Andover, MA 0 38 305 Erick Lucera L,438 Thistle Road North Andover, MA 0 38 306 Derek Rhodes Thistle Road North Andover, MA 0 38 312 North Andover Land Corp k�0 0 Beechwood Drive North Andover, MA 0 page 1 of 1 This certifies that the names appearing on the records of the, Assessors Office as of Certifiate 2e-- Z� 5 moi' r ORDER NO. 2005 D00 SC H RAD ERREVISED SHEET N0. O REVISIONS 6/15/05 1'1t1ii.I1II\'Alt/' 1'i.AATS NOT FOR CONSTRIX41ON ADDITION HAet7' os ry a BEAM INC. D D �OL©�TREET ® S. DEERFIELD MA 07773 POST & BEAM (417) 6654006 006 DRAWN er LAD THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAM ITIS NOT TO REPRODUCED, DISCLOSED TO OTHERS, OR OTHERWISE USED IN ANY MANNER EXCEPT AS AUTHORIZED IN WRITING BY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHORIZED USE, IT IS TO BE RETURNED PROMPTLY TO HABITAT POST AND BEAM. TO BE SIGNED AND RETURNED WITH CONTRACT DEPOSIT I acknowledge that I have reviewed hese plans and approve hem for Habitat Post 8 Beam to begin working drawings, Any further changes will result in a price increase. Signature Data scA�F Ir = r_0. DATE 06!09/05 h ORDER N0. SCHRADER 2%0 ADDITION hjj:bDPOST �©LS. DEERFIEDTREET MA 01373 NC. & BEAM (413)666-4006 SHEET NO.I REVISIONS REVISED 6/15/05 DMWN BY LAD THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAM. IT IS NOT TO BE REPRODUCED, SCALE DISCLOSED TO OTHERS, OR OTHERWISE USED IN ANY MANNER EXCEPT AS AUTHORIZED IN 1/4" = 1'-0" WRITING BY HABITAT POST AND BEAM, UPON COMPLETION OF AUTHORIZED USE, IT IS TO BE FATE 06/09/05 RETURNED PROMPTLY TO -HABITAT POST AND BEAM. PRELIMINARY PIANS NOT FOR CONSTRUCTION TO BE SIGNED AND RETURNED WITH CONTRACT DEPOSIT I acknowledge that I have reviewed these plans and approve them for Habitat Post 6 Beam to begin working drawings. Any further changes will resuR in a price increase. Signature Data I� THERM"-TRU 526'17 12 ® D z 0 N � OA C ` N P 2 rn I (I r rn D Qo � o 4 N P ® r O Z D Z z A o D m ZO Z919 P O .iD/ m � 4 N N P N Q ORDER NO. SHEET NO. REVISIONS 2005 SCHRADER REVISED 6111111 PRELIMINARY PIANS 00 ADDITION NOT FOR CONSTROC1'IOA1 &POST DRAM BY TO BE SIGNED AND RETURNED WITH CONTRACT DEPOSIT 1/HABITAT POST d REAM INC. LAD THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAM. IT IS NOT TO BE REPRODUCED,21 ELMSTREET sc,� DISCLOSED TO OTHERS, OR OTHERWISE USED IN ANY MANNER EXCEPT AS AUTHORIZED IN I acknowledge that I have reviewed these plans and approve them for Habitat Post 8 �©�® S. DEERFIELD MA 01371`0" WRITING BY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHORIZED USE, IT IS TO BE Beam to begin working drawings. Any further changes will result in a price increase. & BEAM (413) 666J006 DATE RETURNED PROMPTLY TO HABITAT POST AND BEAM. 06/09/05 Signature Date 24 CTQCI o/ C31 — — — — — — — — — — — — — I � I Qo II _ DORMER II II X& I I I ti I IP L— — — — 1 DORMER I RAILING I I - I I 1 1 IP I PI I IA ti O II P I I Im I m 1---�-/ I> I of 1 0l 3 O 31 O ID I >I I� I �I m pl 2868 EXISTING HOUSE i - - - - -L J I � I rn F- m rn r S ION DEPOSIT n for Habitat Post & in a price increase. ate