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HomeMy WebLinkAboutMiscellaneous - 38 SAILE WAY 4/30/2018 (3)r � Cly-, -,Vic 037- a-Wl 2/1�av� er1w! € _ED ON. CISION DUE om, a U1=11-17 71CIT-711-M , I��aluuil ;\Ilr�ih)�'�;a I�!Irc;.rnin�:',;;w:., h)1L1•';i, W �1f��It�ii..Q7filf1llS554277tISf' Any appeal shall be filed Notice of Decision within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk. Property at: 38 Saile Way lf�rc( NAME: Salvatore & Marie Vaudo DATE: 11/16/2001 ADDRESS: 38 Saile Way PETITION: 037-2001 North Andover, MA 01845 HEARING: 11/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday November 13, 2001 at 7:30 PM upon the application Salvatore & Marie Vaudo 38 Saile Way North Andover, MA 01845 requesting a Variance from Section 7, Paragraph 7.3 for dimensional relief of setbacks, in order to construct an in ground pool with surrounding deck, patio and cabana in the watershed protection zone. The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone, and Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on August 28, 2001 & September 4, 2001. All abutters were notified by mail. Upon a motion made by Robert Ford and 2nd by Water Soule, the Board voted to allow the applicant to withdraw the petition without prejudice. Voting in favor: WJS/WFS/RF/JP/EM. Town of North Andover Board of Appeals, William J. Sullivan, Chairman Decision2001-037 80OFAP1LAIA X889541 8 JILDM 688'9543 C®NMVATIBN 688 530 HKALT11 08-49a4® PLANNING 688=9815 ZBA C 49' Date.. �. �.... I.-...G..I.... TOWN OF NORTH ANDOVER RECEIPT This certifies that .S.C4.voliPr f.... -t M.0 r � e.... V.Q .r .p........ haspaid.....5..1...v...................................................................... for.......a q....... ...................................................... Receivedby ...... ..... ( lP..✓i..................................................... Department ...... Z..6A............ (9. ............................ WHITE: Applicant CANARY: Department PINK: Treasurer Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 13th of November, 2001 at 7:30 PM to all parties interested in the appeal of Sal & Marie Vaudo, 38 Saile Way, North Andover requesting a Variance from Section 7, Paragraph 7.3 for dimensional relief of setbacks, in order to construct an in ground pool with surrounding deck, patio and cabana in the watershed protection zone. Said premises affected is property with frontage on Saile Way within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. P 5` By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on October 30 & November 6, 2001. Reviewed: Legalnotice 2001/1 =a>cQ o-oNL.1p cc me ycr alnL>ago a�% c W 'ro�°��2(�c�• -eco oCL o«CJ Y�c�a� m �._ asrna� o cE oa= � VjW>yrnQo�io�uSm�c"o��� o �aSL ma�oZ000 a�Q(nro 0 �'rn co _ `y.on �c-r _8>E _gam o� U 00 >,< c do mine L c w >= i a� mQ o o� Z Z ZZ N L 'Q .L• N- _ N= O N Q Q m 08 2T O o a� m o m �Q o >° E co) fu HCv)-0fa)O'00 WQ JO_w2ELNO00ON >"F; 5 M? 20)QU �J O O OY O OW 2 MO(C O 6 O— Zowce~ >goa�0 Mv = oaia v i E; a 52 c_rco OoNU-=a)nOZ9<adNm_ (In m<:E W W (p Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 13th of November, 2001 at 7:30 PM to all parties interested in the appeal of Sal & Marie Vaudo, 38 Saile Way, North Andover requesting a Variance from Section 7, Paragraph 7.3 for dimensional \ VVV relief of setbacks, in order to construct an in ground pool with surrounding deck, patio �I and cabana in the watershed protection zone. Said premises affected is property with frontage on Saile Way within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on October 30 & November 6, 2001. Reviewed: Legalnotice 2001/1 W=Y CQ QO'6 NL.t'p CC NC NCr� QJ (�L TNO mN G 3 N� �Y•C��C�.-._"CCO O «CV �a y N¢ — - o° iv m> E W Wa Nro`°�NM*'N ^"O0R1Om5 V01',") �0CZ 0�0 0003 rod O Vparno=CKI.00 ca C0 � Nat m, 2 -.:!C U0 Z OZQ'oTQ mTQ��-o rncA� N� y..L_ ccn� o m �•�o o� z Z oa��a>oUm�y._ m aNi" Y m10 2 ca >�E Co -1aOL°o��TNmmnQinr��0 ca ��3`mL���o mom m QaFP _m-2 aci oa E EL m o o aEi 3 m�0 Loi m 0 W¢¢ ron0Z N.0 [0 aM -O �NOa.Y ftf fl_YNNy N mN ~ O CCU 3: W �ZmzmorEc>--0a0cco'- oa�^c ctnoCcl oca>=co-oo�� ON J LLcCO. 0Za >Q Wa- in 0 oc5 � 2 nC) N mMO< =ca wc6 Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Notice Of Decision Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Petition of Salvatore and Marie Vaudo Telephone (978) 688-9535 Fax (978)688-9542 Date: March 5, 2002 Date of Hearing: March 4, 2002 Premises Affected: 38 Sade Way, North Andover, MA 01845 Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136. So as to allow: the construction of an inground swimming pool with surrounding deck, patio and cabana within the Non -Discharge Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Watershed Protection District, based upon the following conditions: Signed: i- ;, �-4,# A -ie Aip Jo S' s, Chairman Cc: Applicant rto Angles, Vice Chairman Engineer Richard Nardella, Clerk Abutters DPW Building Department Conservation Department Health Department ZBA Richard Rowen George White BOARD OF APPEALS 688-9541 BLIILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNtIWG 688-9535 C o �oC-) :7) w c', { 3>C �- o rn co r-, r�� Z5 N Date: March 5, 2002 Date of Hearing: March 4, 2002 Premises Affected: 38 Sade Way, North Andover, MA 01845 Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136. So as to allow: the construction of an inground swimming pool with surrounding deck, patio and cabana within the Non -Discharge Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Watershed Protection District, based upon the following conditions: Signed: i- ;, �-4,# A -ie Aip Jo S' s, Chairman Cc: Applicant rto Angles, Vice Chairman Engineer Richard Nardella, Clerk Abutters DPW Building Department Conservation Department Health Department ZBA Richard Rowen George White BOARD OF APPEALS 688-9541 BLIILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNtIWG 688-9535 38 Saile Way Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of Salvatore and Marie Vaudo, 38 Saile Way, North Andover, MA, 01845, submitted on January 4, 2002, requesting a Special Permit under Section 4.136 of the Zoning By -Law to allow the construction of an inground swimming pool with surrounding deck, patio and cabana within the Non -Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The existing dwelling is connected to the Town sewer system; b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary. e) The construction the pool has been reviewed by the town's outside engineering consultant, VBB, and with the application of the erosion control, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick. No increase of nitrogen in groundwater will occur from this proposed project, and no increase of down gradient concentrations of nitrogen, phosphorous, or other relevant chemicals will result from this project. 2. There is no reasonable alternative location outside the Non -Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed project, as almost the entire lot is located within the Non -Discharge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Lot 1 Great Pond Estates 38 Saile Way North Andover, MA Prepared by: Civil Construction Management Inc. 8 Merrimac Road, Box 225 Newton, NH 03858 Scale: 1" = 40' Date: 12/20/01 revised 2/14/02 b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to FORM U verification: a) A performance guarantee of two thousand ($2000) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply are prohibited in accordance with the Zoning Bylaw Section 4.136biii. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Town Planner and included in the file. d) The pool will be equipped with disposable non -backwash filter cartridges. No back washing of the pool that would use any of the prohibited chemicals sited in Section 4.136biii of the North Andover Zoning Bylaw shall be allowed. The Town Planner must approve the final design for the pool prior to a building permit being issued. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Planning Board and included in the files. e) The applicant will provide the Town Planner with structural drawings for the swimming pool. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as -built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. c) An As -Built Plan stamped by a Registered Professional Engineer in Massachusetts must be submitted demonstrating that the pool has been equipped with disposable non -backwash filter cartridges and that the proposal was built in accordance with the approved plans dated 12/20/01 revised 2/14/02. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition # 1. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 8) This permit shall be deemed to have lapsed after a two- (2) year period from the date, March 5, 2004 on which the Special Permit was granted unless substantial use or construction has commenced. cc. Applicant Engineer File f NORTN A O ,M1Rtl i6 •y� p �sSACHU`✓�� Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: -S& t I e - \&I A_ .. . Map/Lot: t. a / 14 S Applicant:d I I'�1 I;l ul Cs Request: Date: Dlnncn kn x.1..:.....1 . P'0 01 C A b A AJ 14 �j,4 p, 0._. ,4 j .- -- -- -` -` Q\AV10VU ulat alter review or your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Remedy for the above is checked below. Item # Special Permits Planning Board Site Plan Review -Special Permit Access other than Frontage Special Permit Fronta a Exception Lot Special Permit Common_ Driveway Special Permit congregate Housing Special Permit Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Large Estate Condo Special Permit Planned Development District Special Permit Planned Residential Special Permit R-6 Density Special Permit Watershed Special Permit -4- Item # Variance 3-+ Setback Variance Parking Variance Lot Area Variance Height Variance ' Variance for Sign Special Permits Zoning Board Special Permit Non -Conforming Use ZBA Earth Removal Special Permit ZBA Special Permit Use not Listed but Similar Special Permit for Si n Special Permit preexisting nonconforming S4.1 The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit application form and begin the permitting process. Building Department Official Signature 9 Application Received Application Denied RevI'S e :) P,/aajC>j Denial Sent: If Faxed Phone Number/Date: Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies S 3 Lot Area Complies L4 e S 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed y G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required �AeS 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies S 3 Left Side Insufficient 3 - Preexisting Height 4 Right Side Insufficient 4 e 416gnl Insufficient Information 5 Rear Insufficient I Building Coverage Vs) 6 Preexisting setback14 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed i e j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Site Plan Review -Special Permit Access other than Frontage Special Permit Fronta a Exception Lot Special Permit Common_ Driveway Special Permit congregate Housing Special Permit Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Large Estate Condo Special Permit Planned Development District Special Permit Planned Residential Special Permit R-6 Density Special Permit Watershed Special Permit -4- Item # Variance 3-+ Setback Variance Parking Variance Lot Area Variance Height Variance ' Variance for Sign Special Permits Zoning Board Special Permit Non -Conforming Use ZBA Earth Removal Special Permit ZBA Special Permit Use not Listed but Similar Special Permit for Si n Special Permit preexisting nonconforming S4.1 The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit application form and begin the permitting process. Building Department Official Signature 9 Application Received Application Denied RevI'S e :) P,/aajC>j Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application% permit for the property indicated on the reverse side: Referred To: Fire Health Police XZoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 N C— p i O Any appeal shall be filed Notice of Decision tv within (20) days after the Year 2001 N date of filing of this notice un in the office of the Town Clerk. Property at: 38 Saile Way NAME: Salvatore & Marie Vaudo OC�� � CD c =s�cnn N Dn-50� oorn rrir� � `D;10 _CZ) Any appeal shall be filed Notice of Decision tv within (20) days after the Year 2001 N date of filing of this notice un in the office of the Town Clerk. Property at: 38 Saile Way NAME: Salvatore & Marie Vaudo DATE: 11/16/2001 ADDRESS: 38 Saile Way PETITION: 037-2001 North Andover, MA 01845 HEARING: 11/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday November 13, 2001 at 7:30 PM upon the application Salvatore & Marie Vaudo 38 Saile Way North Andover, MA 01845 requesting a Variance from Section 7, Paragraph 7.3 for dimensional relief of setbacks, in order to construct an in ground pool with surrounding deck, patio and cabana in the watershed protection zone. The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone, and EIlen McIntyre. The hearing was advertised in the Lawrence Tribune on August 28, 2001 & September 4, 2001. All abutters were notified by mail. Upon a motion made by Robert Ford and 2nd by Water Soule, the Board voted to allow the applicant to withdraw the petition without prejudice. Voting in -favor: WJS/WFS/RF/JP/EM. Town of North Andover Board of Appeals, William J. SdIlivan, Chairman Decision2001-037 BOARD OF '\PPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNNMG 688-9535 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 13'h of November, 2001 j at 7:30 PM to all parties interested in the appeal of Sal & Marie Vaudo, 38 Saile Way, 1� r' North Andover requesting a Variance from Section 7, Paragraph 7.3 for dimensional`,F relief of setbacks, in order to construct an in ground pool with surrounding deck, patio and cabana in the watershed protection zones Said'premises affected is property with frontage on Saile Way within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on October 30 & November 6, 2001. Legalnotice 2001/1 Jul to j� ♦ 1 e Reviewed: J �r D TO: Town of North Andover �CJiifii 13oa,rd ul Airii� :s 27 Charles Street North Andover, 01%45 Phone # 978-688-9541 Fax ti 784,88-:i%42 Please be. advised that 1 have agreed to withdraw without areiudice from the r7 'Tr LCStiltf t3CSa[CS CJE Y. S SGttE ; 1 IV �S�pMazi r C'CCCCC tt{id/o Vag -tall itJT the lSt`CS JCICr'J ECSC ittCCl i RIAAr..', J.L ASi�iiiklk iAN e: SIGNED: - �'- :ts° �- - 1------ s✓tttttJtt:✓r : tJ: � t::.JE.cr s tc�Jr��cttt�ttvsr� r Sal & Marie Vaudo 38 Saile Way North Andover, MA 01845 October 4, 2001 Town of North Andover Zoning Board of Appeals 27 Charles Street. North Andover, MA 01845 Dear Board Members: Enclosed please find a copy of our Variance Application Form, Permit Denial, and ten copies of the site plan. The application requests a variance to construct proposed permanent structures including a pool, pool deck, patio, and cabana in the watershed district. Our three daughters are on local swim teams and miss the opportunity to practice during the summer months in a back yard pool. Also, we anticipate that the pool will tend to have friends visiting. Very truly yours, Sal & Marie Vaudo TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS 1 Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty (30) 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 Zoning Board of an application as incomplete. 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. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit 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 item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 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/PARTY IN INTEREST FEE: 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 petitioner, the Board shall decide on the matter by using the information it has otherwise received. 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 Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. 978-688-9541 Zoning Board of Appeals Office 0 1 :fil d 1 1Jo 1002 978-688-9501 Town Clerk's Office 978-688-9545 Building Department �13AOGV Hi�10f4 ��13-I3 t4kiO1 141HSOV89 33XOC -rage 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: ,S'AL`f- M42r(VAJ71)o 38 YArr_( vJ-�Y 1­I07t-m 4rJV)oVck mA (Dkeq G- % L 'The petitioner shall be entered on and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: r. M R ?-I t= \1A 0 D p 3 S Sk / G c W A y til o R 7-1'1 ft Au 4o Jc f✓1 A t� ► g y �,-- i ( 4 ('9-w) 6 8?- S:! ro/ Years Owned Land: r4-aA a x 2 YC 6R s 3. Location of Property: a. Street39 S'4( I -C W4 y Zoning District b. Assessors: Map number 63 Lot Number: c. Registry of Deeds: Book Number q I I Page Number: c a 4. Zoning Sections under which the petition for the Variance is made. yo( ` P,rmef'1 An /a J6 Coil A k)-- Y�/ r-40 cQ __37 to the -- JG'f��� ✓Qr-r G� CQ Permit Denial and Zoning By -Law Plan Review as 6. Describe the Variance requests A 1AJAye- CA& r— Co 10Q n Cc.. commissioner *The above description shall be usred for the purpose of the legal notice and decision. A more detailed description is hequired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % Page 3 of 4 Number of Application for a VARIANCE Use of Square feet Floors Zoning Board ^of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage Frontage Parking Minimum Lot set Back Feet Spaces Front Side A Side B Rear o� c. Proposed Lot (S): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Frontage Parking Minimum Lot set Back • Coverage Feet Spaces Front Side A Side B Rear o� d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage Frontage Parking • Minimum Lot set Back " Feet Spaces Front Side A Side B Rear o� 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 'Reference Uses from the Zoning By -Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* S3,2 / /?_ /a 50 Poo � Ca br...ci `Reference Uses from the Zoning By -Law. State number of units in building. 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. above name (s) here PAGE 4 OF 4 VARIANCE 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 of the North Andover Zoning By -Law all dimensional requirements shall be clearly identified and factually supported and addressing each of the following points individually is required with this application. C. 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 prgperty 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 support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. 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. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, and c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*). In some cases further information may be required 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on mylar. 10 C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & 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 Plan 6. Names/addresses/phone numbers of the applicant, owner of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the application involves new construction/conversion/ and/or a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be included with a side view depicted on the plot plan, which includes a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties in interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. A Variance once granted by the ZBA will lapse in one (1) year if not exercised and a new petition must be submitted. Town of North Andover Zoning Board of Appeals Petitioners: Sal and Marie Vaudo Property Location: 38 Saile Way Application for VARIANCES Item 9 — Written Documentation A. The proposed permanent structures will include a a pool, pool deck, patio, and cabana. B. An area in back of the single family dwelling was cleared during the home construction process. Area's current use is as a yard. It is reasonably flat with little to no runoff. Any potential runoff resulting form pool decking or cabana roof will be managed with a stone lined trench so any surface water will peculate into the ground. No increased runoff is expected. No improvements have been made pending approvals. C. The entire property is in the watershed protection zone. A variance is needed to construct either the pool or the cabana anywhere on the property. No alternative location exists. A second variance is requested to locate the cabana in the preferred location, which is in the 30 -foot side setback area. This area was selected because it would result in little, if any, disturbance to existing trees. We have a strong preference for preserving the existing trees, vegetation and groundcover. An alternative area outside the setback has also been selected. This area would require substantial tree clearing. D. Pool and cabana will be located at significant distance from any permanent structures on abutting properties and Lake Cochichewick. E. There will not be any degradation of the quality or quantity of water in or entering Lake Cochichewick. No increased runoff is expected as discussed above. On site operations will not create concentrations of nitrogen in the groundwater greater than the Federal limit at the downgradient property boundary. F. Not applicable. All proposed activity is outside the 100 foot area surrounding the wetland areas. September 7, 2001 Mr. Sal Vaudo 38 Saile Way North Andover, MA 01845 Re: Wetland Delineation and Site Review Dear Mr. Vaudo: Wetland Preservation, Inc. (WPI) recently reviewed your property to conduct a wetland delineation C11 at your request. This letter is intended to document the results of this effort. As you are aware from our telephone conversation, WPI had completed a wetland delineation of the resource areas at the front of your property. This wetland delineation was completed in August of 2000 for a Notice of Intent filing for Lots 5 and 6 on Saile Way. The wetland areas located on or adjacent to your property include two "unclassified isolated drainage areas", which are jurisdictional resource areas under the North Andover Wetlands Protection Bylaw (NAWPB). They are non jurisdictional wetland areas under the Massachusetts Wetlands Protection Regulations (MWPR). The first of these areas is located just north of the entrance to your driveway and is marked by consecutively alphanumerically numbered pink flags JI through J6. The second area is located north of this area and is consecutively numbered alphanumerically I1 through I12. A third area located on your property is a State, Federal and local jurisdictional resource area classified as Bordering Vegetated Wetland (BVW). This area is located on the southeast end of your lot and is consecutively numbered alphanumerically C1 through C9. A fourth resource area at the rear of the property was reviewed and was not delineated. No determination was made at the time of the inspection as to what type of resource area this was (BVW, isolated wetland, etc.); however, it was determined that the proposed work at the rear of the property was outside of the 100 -foot buffer zone to this resource area. WPI also determined that if the proposed cabana was moved southwest of the current location indicated on the site plan, there would be no work proposed within jurisdictional boundaries under the MWPR or NAWPB. 475 Ipswich Road E-mail: wetlandwpi@greennet.net 47 Newton Road Boxford, MA 01921 Fax: (603) 382-3492 Plaistow, NH 03865 (978) 352-7903 (603) 382-3435 E T L A N O S ,RESERVATION � INC. a� September 7, 2001 Mr. Sal Vaudo 38 Saile Way North Andover, MA 01845 Re: Wetland Delineation and Site Review Dear Mr. Vaudo: Wetland Preservation, Inc. (WPI) recently reviewed your property to conduct a wetland delineation C11 at your request. This letter is intended to document the results of this effort. As you are aware from our telephone conversation, WPI had completed a wetland delineation of the resource areas at the front of your property. This wetland delineation was completed in August of 2000 for a Notice of Intent filing for Lots 5 and 6 on Saile Way. The wetland areas located on or adjacent to your property include two "unclassified isolated drainage areas", which are jurisdictional resource areas under the North Andover Wetlands Protection Bylaw (NAWPB). They are non jurisdictional wetland areas under the Massachusetts Wetlands Protection Regulations (MWPR). The first of these areas is located just north of the entrance to your driveway and is marked by consecutively alphanumerically numbered pink flags JI through J6. The second area is located north of this area and is consecutively numbered alphanumerically I1 through I12. A third area located on your property is a State, Federal and local jurisdictional resource area classified as Bordering Vegetated Wetland (BVW). This area is located on the southeast end of your lot and is consecutively numbered alphanumerically C1 through C9. A fourth resource area at the rear of the property was reviewed and was not delineated. No determination was made at the time of the inspection as to what type of resource area this was (BVW, isolated wetland, etc.); however, it was determined that the proposed work at the rear of the property was outside of the 100 -foot buffer zone to this resource area. WPI also determined that if the proposed cabana was moved southwest of the current location indicated on the site plan, there would be no work proposed within jurisdictional boundaries under the MWPR or NAWPB. 475 Ipswich Road E-mail: wetlandwpi@greennet.net 47 Newton Road Boxford, MA 01921 Fax: (603) 382-3492 Plaistow, NH 03865 (978) 352-7903 (603) 382-3435 0 0 m 0 to. se\ a' -4 to m� n 0 (b 'I o n 00 C- C,O x CL M mCA 0 01 �. O m �CrQ C (D b r.- n X� y or vIr y w b N r D. 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No. or PO Box N -7= = 1-9------------------------------------------------- City, State, LNcIoo eR 44G in I�.I r1UYlUG. mail ■ A mailing receipt pt V (J �FT•^"""" a ■ A unique identifier for your mailpiece ■ A signature upon delivery ------ � ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the f fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt Is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. tti CO M NIFIDTH n Tia- tito_s CD Postage $ 0.u4 U.1,IT IN ()845 Certified Fee Qom' Return Receipt Fee Q (Endorsement Required) O p Restricted Delivery Fee O (Endorsement Required) 2.10 Postma rk Here a:. VOZE,�.: CieYI.e 1.cELKLe, 1 c 1 .50 @@ $ 31. 94 C3 Total Postage & Fees f1J 1.0/1,91101 fL Name (Please Print Cl e riy) (Tlorpjvted by mailer) m -,e��_ --------------------- ------------_--------------- - --------------------------------- Str et, Apt. No.; o O Bo o. Cr -------------------- �--------------•---------' ---------------- Ctp :state, zip< 0. M 6\ ... - ■ A mailing receipt ■ A unique Identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT. Save this receipt and present it when making.an inquiry. o- r -I ru CD pm�n^ a/ m�u: vu*a nu ru Certified Fee Er p��om � e" Here (Endorsement Required) cz Clerk: Kr. -ZR -,6 o Restricted Deliverynee E3 (Endorsement Required) Total Postage ur�° 1O/19/O1 �cz '" �ru M �o- o- cz r- ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is 'I required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". IN If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making pn inquiry. Town of North Andover, Zoning Board of Appeals APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP IPARCEL I NAME ADDRESS ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) ..v n)[i vivvin I iviv VVM%D vo i rwvcu hi 1 r1C AJJtJJUKS Ut-HUt ANU GER I IF IED BY THE ASSESSOR'S OFFICE: BY: DATE: SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER Required list of parties of interest Page one of NO oTM a.4 wO4M1no �'",�4g SS�CHUSfi Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover, MA. 0184.5 Phone 978-688-9545 Fax 978-688-9542 Street: _Sx3I e. W q _ .. . Map/Lot: L. 3 / r4 S Applicant: Notes Request: 1P o a I C A b A .Aco ws-4 y, 0 4 i Date: — Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes a-4 Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting Planned Residential Special Permit 2 Frontage Complies e S 3 1 Lot Area Complies S 3 1 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed y e S G Contiguous Building Area Al) n 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required �+eS 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies S 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient Lf eS (44PJAW I Insufficient Information 5 Rear Insufficient I Building Coverage /t�) 14 6 Preexisting setback(s) 1 - Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed y ej Sign 1144 3 Lot prior to 10/24/94 1 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district" 1 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit a-4 Setback Variance Access other than Frontage Special Permit Parkinq Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Lar a Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconforming Watershed Special Permit 4 Schur iN wA+ems S�.pcQ, The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Reuise D 8/az/o/ Denial Sent: If Faxed Phone Number/Date: U r� r Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: . J r fit 4`.a i�'''f a; 60.3,�PF(1�}�,}�•�'+:�T Y� Y��rt?4 dk.` 'a X'r` T'C T�x," } YIf��is 4411`7,4 '1 yty?,� �3^�S�' �1 fY TL�.:�' fy�ltl�� ;ir..��pnl ����h,t�C§ Yl'Yk. � 1 tK� 'tn`�rc ,�¢ {� �+ to � �'• r � X ��� tt'� S'��1' �nrvurr �' �"A�,"a �"riuW %�a� ��e � �'� � F �`4 �( b i�11 �"' � d kaf�'� � > i Police ,6A Ck gn,; CA �A Conservation Department of Public Works Planning L 4,O%4 v C,e- )-log Other m �v•o�u� ncac���^�(P001) IAJ ,�v �- o� b�u � � air �. � �,�u Y � � ��•�,- � �. J _ Z /A V/V lit, 1PO a r a.0 ,rc: a r J'O!` al>a�eRSA(9�b -20 A/ �. r Referred To: Fire Health Police zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT