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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Total Postage & Fees
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Name (Please Print Clearly) (To be completedN mailer)
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■ A mailing receipt pt V (J �FT•^"""" a
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Important Reminders:
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Str et, Apt. No.; o O Bo o.
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Ctp :state, zip< 0. M 6\
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■ 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
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cle at the post office for postmarking. If a postmark on the Certified Mail
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■ 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:
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Referred To:
Fire
Health
Police
zoning Board
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT