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Miscellaneous - 415 SALEM STREET 4/30/2018 (4)
f0 � f� Q D �3 I I VAS SP ®Finding .®40B 4femion fled Amling due on: er"on due on: y— i7 4c .5 o o (0-- c—) I , Tncomplete NAZBA Application Form Date:s 1�_O b Time:._ _ Missing: V\0 a n(. �I � J 00 11cf -_ C-0 !s 7a 7/ E ItORT11 1 ° <t``� �• 't' Town Clerk Time Stamp 3? '��- �� RECEIVED TOWN CLERaK'S OFFICE cew , 2006 MAY 22 PM 4: 17 �,SSwCMUs�� TMYN C8= ZONING BOARD OF APPEALS NORTH AN0bO Vr s< Community Development Division MASSAEr ,� �i S Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Proat: 415 Salem Street NAME: John D.Sullivan,III,22 Mount Vernon HEARING(S): April 11 &May 10,2006 Road,Boxford,MA 01921 ADDRESS: 415 Salem Street PETITION: 2006-013 North Andover,MA 01845 TYPING DATE:.May 15,2006 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday,May 10, 2006 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts upon the application of John D.Sullivan,III,22 Mount Vernon Road,Boxford,MA 01921 for premises at:415 Salem Street(Map 373,Parcel 36),North Andover requesting dimensional Variance from Section 7,Paragraph(s)7.1.1 (Contiguous Buildable Area),7.1.2(Lot Width),&7.2(Street Frontage)and Table 2 for relief from the requirements of the Zoning Bylaw in order to divide an existing conforming lot into two non-conforming lots. Said premises affected is property with frontage on the Southwest side of Salem Street within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The followin voting members were resent: Ellen P.Mcln Richard J.Byers,Albert P.Manzi III g g P h're, BY , David R Webster,and Thomas D. Ippolito. The following non-voting member was present:Daniel S. Braese Upon a motion by Richard J.Byers and 2"d by David R Webster,the Board voted to GRANT the applicant's letter of May 3,2006 requesting that the Variance petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R Webster,and Thomas D. Ippolito. Ellen P.McIntyreVice Chair , Decision2006-013. M37.BP36. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9541 Fax 918.688.9542 Web www.townofnorthandover.com r RT,# Town of North Andover Town Qerk Time Stamp Office of the Zoning Board of Appeals h � Community Development and Services Divi E R DECEIVED a,�- �' YON Ct_ S OFFICE �B,M� c 400 Osgood Street North Andover, Massachusetts 01845 2006 fR 2 k 10: 45 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542TO' N NORTH F,€ffivF < MASSACiH Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 1 lth of April 2006 at 7:30 PM to all parties interested in the application of John D. Sullivan, III, 22 Mount Vernon Road, Boxford, MA 01921 for premises at: 415 Salem Street(Map 37.B, Parcel 36),North Andover requesting dimensional Variance from Section 7, Paragraph(s) 7.1.1 (Contiguous Buildable Area), 7.1.2 (Lot Width), & 7.2 (Street Frontage) and Table 2 for relief from the requirements of the Zoning Bylaw in order to divide an existing conforming lot into two non-conforming lots. Said premises affected is property with frontage on the Southwest side of Salem Street within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on March 27& April 3, 2006. Legalnotice 2006-013. M37.BP36. �M WpryDmom< 0CL 000 3-20°poDomcoi�o�mDm �wom�ro�°c�» W m roo rom:oro m o .v oc•oo cya Z�Z M W•'0 Cd°�O rro° Np• Hm-y°•j�,�.fp mrom�•mm(G CSri�O7 mvio y p�S<3o°.�<=r �'. N� ro.aooZa mm �a vvO7,�m3 ro c=y,o��� N moo ro:romoig"S a .v�> v° owo��o'oa m �ro�;oro m: �rorovR'v°c��3a N o_om� �oromN O=n r w�° ��G3oOmm`'�O3romcco �y-�aN Ny6om;tco-aN°yo5Dro��"*7Ss•�ZZ Z. 3 _ �ro�W °sa0>°Q mw� �o°;X°o9w roW °mrom.3roO.NOaK'a.05 *0*0, myO:d nro o- c°orov m o �H° o g� ado �,-y3 x_��- m'SaoZ�'m<t� A)'67 m' o�,�,:o CD Us ro c, :S a��:m ro r Q�=w ro�m y a�:>>o_•D`c o o° >m m a 7omO w3?� o�°mromn��°ro.. � a'_°'�uro,_o�,a�va:%n m� m r� -- — — =ro m a��.tn Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 No.: 9-100/—0 13 Date 3 ©,6 oT a q4 . TOWN. OF NORTH ANDOVER ° p BUILDING DEPARTMENT. Building/Frame Permit Fee $ . e SSACHUSE Foundation Permit Fee $ Cfe58( lA W Other Permit Fee Poa�5P $�� 1 / VO r �; -� Bui�d �t3'tY�SjS�cTdr Uv,.5 O r f 4 Y E zBA 332 / Date ..�".� ...`..Q�/ °F�,►OR7ly,� TOWN OF NORTH ANDOVER RECEIPT �SSgCHUs� ff � I ++ This certifies that ta.1 ,!.y! .t�.. k.5., haspaid .. ,� ................................. for kPf�..V..A�.. F..1.(J ...5../��1, .... (.5... (e�•N....�`'� ?...�-�r Receivedby......W!. /.................................................... Department...:............. .. ...................................................... WHITE: Applicant CANARY:Department PINK:Treasurer j II Zoning Board of Appeals North Andover Hearing No.: ZBA-2006-0012 Date: March 20, 2006 APPLICATION TYPE: SUBMISSION DATE: Res. Variance & Split lot Thu Mar 16, 2006 Applicant's Name: Owner's Name: NAME: NAME: Sullivan,John D.111 Sullivan,John D.111 ADDRESS: ADDRESS: 22 Mount Vernon Road 22 Mount Vernon Road TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: BOXFORD MA 01921 BOXFORD MA 01921 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work Location.: SITE ZONING: 415 SALEM STREET TOWN: SECTION OF BYLAW: NORTH ANDOVER,MA 01845 GIS# MAP: BLOCK: LOT: ACTION TAKEN: 1846 037.8 0036 Reason for filing: Var from 7.1.1 Contiguous Buildable Area,7.1.2 Lot Width,&7.2 Street Frontage In order to split existing conforming lot into 2 non- conforming lots. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Sat May 20,2008 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS®1998 Des Lauriers&Associates,Inc. ..... Town of North Andover Town Clerk Time Stamp Office of the Zoning Board of Appeals RECEIVED 'M Mme' Community Development and Services DRsYcsn 400 Osgood Street 2006 MAY 12 AH, 10: 24 North Andover, Massachusetts 01845 Gerald A. Brown. Telephone (978)688-9541 T OW N O Fax (978)688-9542 N0RTll Inspector of Buildings „� "' FtASSAC;= Date TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I wish to withdraw my ariance Special Permit Comprehensive Permit (40B) Finding petition without prejudice from the North Andover Zoning Board of Appeals agenda for property located at: STREET: MAP: PARCEL: —� 1 TOWN: o v,d o i/,e r - NAME OF PETITIONER: �� u I t/q v1 Signed: e ' ner p itis r representative) Withdraw i III 2006 Eo:Yrd of;\ppeals 978-688 95#1 Building 978-68&9535 ConS�rV,IhP❑97R-688-9530 health 978-G88')Sd0 I'lannmt 97R-(iR8-9535 ;OARD OF APPEALS Sullivan Engineering Group, LLC Civil Engineers&Land Development Consultants May 3, 2006 Town of North Andover—ZBA o 400 Osgood Street � o North Andover, MA 01845 rn Re: 415 Salem Street,North Andover `-_ == Withdrawal of Application without prejudice ' n r n . .. �o Zoning Board of Appeals; , ' 175 r rte, I am requesting to withdraw my current variance application for 415 Salem Street,North Andover for consideration without prejudice. If you have any questions please feel free to contact me. Ve ruly o , riJ hn(Jac . Su ik11I I 9 GI 22 Mount Vernon-`Road Boxford,Massachusetts 01921 (978)352-7871-Phone 978352-7871 -Fax BOAR©OF APPEALS l Apr 13 06 08:29a NORTH ANDOVER 97863189542 p. 3 E GUV&lDr—St—P To wu of North A ndov er �{,�t1 C t t['� C �!' I C Commur.:sty Developuikent and Services Divisil Office of the Zoning Board of Appeals 2000' APR AM 9: 400 Osgood Street .K North Andover, iv1acsachusrtts c)1845 Tticphorn (97IS)688-9541 l 0 YN 0 F CTcrald A.Brownpas (978)688-9542 NORTH AICD' �j-l�: inspector of Buildings MASSAOHUS ? i TO: Town of North Andover Zoning$oard of Appeals 400 Osgood Street North Andover MA 01845 wave the time constraints f:tr the North Andover Please be advised that I have agreed to w Zoning Board of Appeals to matte a decision regarding the grari ing of a' YV��ce.,..1 Special Permit Comprehensive Permit.(40B) Finding for property located at: srxEET:_� 4- 15 01 e m S�rQe,f MAP: PARCEL: ie r TOWN:—Aa-c��Vk �V TO IvEETIN GDATE(S): dD i—,ed-aa NAME OF PETITIONER 4 Signed: Petitio¢ier(o etiti/o er s representative) F3oarA�+C:1ppc:ds5'!s-G9x-95a! F3uitJ�n�97A-Gs8-95-s3 C.mkx�ati.rr9�3-63�-'1530 lI.a11hY/S-GC!;•5�54(] 1'L:uining9�SlSR_)�7S Town of North Andover aF N°oTN,ti Office of the Conservation Department Community Development and Services Division ; 27 Charles Street SSACHUs� Alison E. McKay North Andover,Massachusetts 01845 Telephone (978) 688-9530 Conservation Administrator Fax (978) 688-9542 MEMORANDUM DATE: April 11, 2006 TO: Ellen P. McIntyre, Chair Zoning Board of Appeals Assistant Zoning Administrative C: Mich Glennon o C , Z g Gerry Brown, Inspector of Buildings Curt Bellavance, Community Development Director Lincoln Daley, Town Planner FROM: Alison McKay, Conservation Administrator(�—) -- SUBJECT: 415 Salem Street Wetlands Review As requested by the applicant, Sullivan Engineering Group, LLC the Conservation Department conducted a review of the wetland resource area on the aforementioned property as shown on the plan entitled "Plan of Land-415 Salem Street', dated March 10, 2006 and offers the following information/comments: locations " which I found to agree with the ocati M site review was conducted on April 6, 2006 m c g Y P of WF #B1-B, #B1-A and WF #B1 through WF #B7(the portion of the wetland delineation closest to the front of the property). However, review or confirmation of WF #A1-B, WF#A1-1, and WF #A1 through WF #A7 was not conducted for this review (the portion of the wetland delineation closest to the rear of the property). Initially, the resource area appeared to be isolated of approximately 6,410 s.f.in size. However, further review concluded that the resource area is likely to be hydraulically connected in a small area to a down gradient resource area just beyond the Sullivan property at#405 Salem Street. The proposed single-family dwellings and driveways on the two lots are shown just beyond the 100 foot buffer zone (approximately 106 feet from the closest point) and thus outside the jurisdiction of the North Andover Conservation Commission. However, site grading and associated work are not depicted on the plan and may fall within the 100-foot buffer zone, which would require a filing with the Conservation Commission. Nevertheless, erosion tr�lsI� nsisting of trenched silt fence backed by staked haybales shall be installed at the tf'v� or no closer than 25 feet from the resource area. 6fi& I 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOAR®OF APPEALS In addition, I have been asked to calculate contiguous buildable area (C.B.A.) for each lot. The lots are zoned as R3 requiring a minimum lot size of 25,000 s.f. Seventy five (75) percent of this minimum lot size must be contiguous which calculates to 18,750 s,f per lot. This is consistent with the applicant's finding as noted on the plan. Based upon my estimated calculations of percent buildable area, I am in agreement that both lots are just shy of this 75 percent CBA requirement as represented on the plan. Please let me know if you have further questions or concerns in this regard. Town of North Andover April 4,2006 Zoning Board of Appeals 400 Osgood St. North Andover, MA 01845 We request respectfully a continuance of petition for relief of Zoning Requirements at 415 Salem Street North Andover, to your June 2006 meeting. Legal notice dated 3-27-06 has scheduled your April 11th, 2006 meeting to hear petition. We are direct abutters, (405 Salem St.) and feel the extreme variance requests should have our input. We are presently in Florida and expect to return to Massachusetts in Mid-May. Thank you for your consideration. William J. Sulli n Trustee r Barb a M. Sulli n Trustee Sullivan Realty Trust D � AP D � 7 - 20 t--ft Apo?K mos Merits ora:gni page 1 BOARD OF APPEALS 07 "CEIVED TOWN OF NORTH ANDOVER VARIANTI�� �4 '�' 0FRICIE ZONINQ BOARD OF A PEA 2006 KAP16 PM G: 29 NAME 5�,�,,�;VA\/ tftl9ry Lac ADDRESS OF APPEAL' �,i � 61erk Time Stamp A I A AIx0} Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Board of an application as incomplete. for mailing to the parties in interest(abutters) and for The information herein is an abstract of more publication in the newspaper. The petitioner is notified specific requirements listed in the Zoning Board that the legal notice has been prepared and the cost of Rules and Regulations and is not meant to the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office of STEP 1-. ADMINISTRATO.R.PERMIT DENIAL: the Zoning Board of Appeals and delivers the legal notice The petitioner applies for a-Building Permit and receivers to the local newspaper for publication. a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition, the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP-9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17, within twenty(20) days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1)original and ten (10)Xerox the decision,the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time and Common St., Lawrence MA, and shall complete the . date of filing. The original will be left at the Town Clerk's Certification of Recording form and forward it to the Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals and to the Building Department. Zoning Board of Appeals secretary. ............................ ............_...._..................... ...... .. ....... .............................--.........................................._...:.............. .. IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. &Services 120 Main Street 400 Osgood Street, North Andover, MA 978-688-9501 Town Clerk's Office 01845 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department PAGE 1 of 4 978-688-9541 Zoning Board of Appeals Office D � MAR 16 2006. D BOA7RD OF APPEALS 011Th Zoning Bylaw Denial or• . `�r Town Of North Andover Building Departrnent 400 Osgood St North Andover, MA. 01845 Phone 878.64645 Fax 8764894i542 Street 419 saipm qt--r at Map/Lot B/36 Applicant Sullivan En R oast s lit existing 1 mes Date: 3-16- of kation is Please be advised that after review your Application and Plans that your Appy DENIED for the following Zoning Bylaw reasons: Zoning - Notes ItieNotes Item rrt A Lot Area F Frontage ent 1 Lot area Insufficient 1 Froe Insufficient 2 Lot Area Preexisting 2 Frontaae complies 3 ftOnUW Lot Area Can ses 3 Preexisting n 4 Insufficient I 4 Insufficient Information nformatio B Use 5 No access over Frontage 1 Allowed e s G Contiguous Building Area Z Not Allowed 9 Insufficient Area 3 Use Preexists 2 Com Complies 4 Special Permit Required 3 Preexists CBA 5 Insufficient Information 4 Insufficient Information C Setback Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 PreaXiStina Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage g Preexistingsetbacks 1 Coveraga exceeds maximum 7 Insufficient Information 2 Coverage Co ies D Waterehad 3 Coverage Preexisting 1 Not in Watershed yes 4 Insufficient Information 2 In Watershed j Sign N/A 3 Lot 1xior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 insufficient Information E Histionic District K Parking 1 In District review required 1 More Parking Required 2 Not in district yes 2 Parking Com ies 3 Insufficient Information 3 Onsufficsent Information 4 1 Pro-existing Parking Remedy for the above is:checked below. Item 0 S ial Permits Planning Board roam 5 Variance Site Plan Review Special Permit Setback Variance Access other than Frontage S Permit Parldng Variance Frontage E=eption Lot Special Permit Lot Area Variance Common Drivewa S I Permit Hei ht Variance Congregate HousingS Permit Variance for S n Continuing Care Retirement Special Permit special Permits Zoning Board Independwd Elderly Housing SPwW Permit SDecial PwmR Non-Confcxmina Use ZBA Large Estate;Condo Special Permit Earth Removal Special Permit ZBA Planned Devek4iment District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit S Permit for Sian R-6 Density Special Permit ftecial Permit preexisting nonconformin Watershed Special Permit The above review and attached awkmation of such is based on the plans and inions tim subiriNed. No definitive review and or advice shah be basad on;v,w a planaI by the applicant nor shW such verbal aeplarrtiorr by the appYcaN serve to provide definitive sriaMwe b the above naeone for DENIAL. Any it wmncft,rrristeading infaniation,Or Odw subsequent dnnges to the irdonvoW subrrAad by the 4111 r-shat be grounds for this review to be voided at the discretion of the B A&V Dgwbrwt The&WchW do=wn Wed'Plan Raiaw NrroW*M be afbched hanb ant incorporated berm by reference. The bww ft dapwbriar I wit retain d pians and doanwrtation for the above tits.you must fYe a new building permit application form aid begin the perrnWI g Pooses. Building Deprtment Oftial Signature Application Reosived Application Denied n amini C'An't• If Fmmd Phone �- Plan Review Namdve The following narrative is provided to further explain the reasons for denial for,the application/ permit for the property indicated on the reverse side: 11 MsN1M 1dt Do" 1IN�! F-1 G-1 A Variance for street frontage, lot width, and Contiguous Buildable Area is re uired through the i as 125 ' r)f street frontage , r Cant i genu G e 2 of the Zoning Bylaw are re uired. i { Referred To: Fire Health Police Zoning Board conservation Depadment of Public Works Planning Historical Commission Other BUILDING DEPT PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complets all items I -10 below:. 1. Petitioner: *Name, *Address and tele hone number: VAry 979., 35-z- 79 71 2 MSU/vT V&t V(IV je0A0 tiro 01 �_ *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Ownersof Land: Name Address telephone e hone p number, and number of years under this ownership: 22 �a v�Ci l ' /'14 0/ ZT Years Owned Land: pJ,QG 3. Location of Property: a. Street: W Y 5� � � Zoning District: b. Assessors: Map number: 7 Lot Number: _X c. Registry of Deeds: Book Number: /0073 Page Number: �2 4. Zoning Bylaw Section,a)* under Which the petition for the Variance is made. SCC110'r\l 7, 1, E 7,i'.Z 7,Z *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. I 5. describe the Variance requent: avv f MA MAI Vt The above description shall be used for theu ose of p rp the legal notice and decision. Amore detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result In a decision that does not address the intent of the appllcant. The decision will be limited to the request by the applicant and will not involve additional Items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the di men stop s that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Cove r /a /g �e gFeet Spaces Front Side A Side B Rear 0. i'11A jj CAA (sf) 4 16,x70 �ta�z� rage s of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. 6? Coverage Feet Spaces Front Side A Side B Rear 4z1 71l 9�>Z / i�o �/ �� �10 �Z- 2yZ, 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A 3z 030 0`3 � ,3� Rio 17- Z z yo, ya 6 D. Required Lot: (As required by Zoning Bylaw& Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25'00 D / �0 ,�✓J�4 �2Y 2 3v Zo ;�,d 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building" of Units" 'Reference Uses from the Zoning.Bylaw&Table 1. *"State number of units in building(s). 713. Proposed Building(s): Ground Floor -Number of —Height Total Use of Number Square feet Floors Sq. feet Building" of Units" ( 66 9 2 -zs r Z of b s� h,�lvk,� *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this respo sibil'ty. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with applicatio rements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Ig 7 of t i lication as incomplete. Signature: Type above names here: J--o �� lV Sullivan Engineering Group, LLC Civil Engineers 8 Land Development Consultantants To: Town of North Andover Zoning Board of Appeals From: John D Sullivan III—Owner& Applicant Date: March 13, 2006 Subject: 415 Salem Street—Variance Request Section 7.1.1 —Contiguous Buildable Area Section 7.1.2 —Lot Width Section 7.2—Lot Frontage A. M articular variance request is for the creation of two 2 residential building lots. Yp q ( ) g B. The particular circumstances of my lot relating to topography, specifically the wetland area which bisects the property, is the hardship affecting this property. A roadway could be constructed to service this site and create two (2) buildable lots, but this would involve a wetland crossing, topographical site changes, and the construction of one structure to the rear of the property(see attached concept plan). By granting a variance for the aforementioned dimensional requirements, the proposed structures could be built towards Salem Street in a similar location to surrounding properties without changing the topography to negatively impact this property or surrounding properties. C. A conventional subdivision roadway consisting_ of a small cul-de-sac could be permitted and constructed on this site to create the proper lot frontage, lot width, and Contiguous Buildable Area for two lots. This would involve a wetland crossing for one driveway to access the rear portion of the property for construction of a single family dwelling and substantial alteration of the soil and wooded areas which would result if the literal enforcement of the Zoning Bylaw is upheld. D. Granting of the variance will reduce future town maintenance and expenses associated with a roadway and infrastructure. Also,the character of this area can be retained by limiting the amount of site grading and tree removal by eliminating the need for a roadway and wetland crossing. This project will also have a beneficial element to the abutting properties since I will look to extend the municipal sewage system approximately 750 feet from Anne Road to the site. In extending the sewer, I will look to provide sewer laterals to each property line of all the homes along the route. This will be a cost savings to the Town of North Andover in future construction costs and will allow homeowners to connect to the sewer system. Most of the homes in this area have old septic systems which have exceeded their design life. Therefore,relief by the Board will be desirable and without substantial detriment to the public good. E. Approval of the two lots by granting relief of the aforementioned dimensional requirements may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance based on the following reasons. 22 Mount Vernon Road — Boxford,Massachusetts 01921 — (978)352-7871-Phone 978352-7871 -Fax 1) A conventional roadway could be constructed to create 2 buildable lots by right. 2) By eliminating the roadway the neighborhood character, woodlands, site topography, and wetland areas will remain intact. 3) The proposed houses size and location is consistent with the abutting properties. F. An "ANORAD" application is being filed with the North Andover Conservation Commission to verify the wetland boundary, which in turn will validate the Contiguous Buildable Area for each lot. The wetland boundary was delineated by a certified botanist. In summary, this project is similar to a previous ZBA decision(2005-01.6) for another property on Salem Street. The benefit for zoning relief for this property will eliminate the creation of a public roadway which would ultimately require town maintenance and services. Also,the extension of the municipal sewer system to the property will be a benefit to the abuttors and the Town. It should be noted that the subject property had percolation tests done on-site in February 2006 and the site passed to support a septic system. The idea of bringing the municipal sewer to the site will only be undertaken if the variances are granted for this application. Thank you for your consideration in reviewing this application. 22 Mount Vernon Road Boxford,Massachusetts 01921 (978)352-7871-Phone 978352-7871 -Fax 119 4j,6 N DRILL HOLE 99.08• FND STpN f WA ,3 20.7' 1 J0.1' 20-r6,_ - �,I P NJ Ss 8 `Jl" STp� 2 1/2 W y Shu RD. R 28'X LOT A s'o25,000 SAF. o• C.B.A. — 14500SF.f F 54.9' 15211 "E N73 j;2 AL WjA6 rFJA2 rF MFM Wprl 1L AL AL AL A, AL 000-C A, A WJA7 AL AL AL AL AL AL A. AL Al NF&63 W01 AL mcE OF%EtIMDS w w WAI-6 AL WOW f� wow JIN �1 o LOT B 50' 24000 BF. 2 C.B.A. - 14500BF& g �lplf, <�'sa f 20• ssso. `o 3 i CONCEPTUAL 2 LOT SUBDIVISION TO ACCOMPANY ZBA APPLICATION SCALE: 1"--40' IPXN- S5J*J9'12"E 168.20' SALEM STREET Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Propertv: MAP PARCEL Name Address 37.B 36 MICHAEL KOTCE 415 SALEM STREET,NORTH ANDOVER MA 01845 Abutters Properties Map Parcel Name Address 37.B 63 William Sullivan x45 Salem Street,North Andover MA 01845 37.B 50 Vladimr Levantovskys -✓104 Salem Street,North Andover MA 01845 37.B 51 William Macleish L412 Salem Street,North Andover MA 01845 37.6 52 Robert Broussard \. d32 Salem Street,North Andover MA 01845 37.B 53 Beverly Spicer 1,/#44 Salem Street,North Andover MA 01845 38 135 Richard Stumpfier VftS Woodberry Lane,North Andover MA 01845 ` ��06 38 136 Robert Kettinger 1.�Woodberry Lane,North Andover MA 01845 38 137 Laurence Travaglia LA Woodberry Lane,North Andover MA 01845 38 138 Eric Faulkner V45 Woodberry Lane,North Andover MA 01845 38 303 Grag Core t 443 Thistle Road,North Andover MA 01845 38 302 Robert Lurvey V131 Thistle Road,North Andover MA 01845 38 82 J.J.Cammarata V437 Salem Street,North Andover MA 01845 38 56 Barbara Kane V45 Salem Street,North Andover MA 01845 38 11 William Uttley x/36 Woodberry Lane,North Andover MA 01845 38 176 Daniel Luciano V456 Salem Street,North Andover MA 01845 37.D 42 David Gray X3$3 Salem Street,North Andover MA 01845 37.D 8 John Draper LZ93 Salem Street,North Andover MA 01845 ------------ This certifies that the names appearing on the records of the Assessor Office as of �0 Certified by: Date 3/ I I �� i I K•. DRILL HOLE NORTH ANDOVER PLANNING BOARD • FND N38s8, F 4qU�, APPROVAL UNDER THE SUBDIVISION g9. 119, ?6>>`Y 6 w0 ENCE CONTROL LAW NOT REQUIRED ,s, 08 43 MqP 3g�oeERRy�'�'gVgG4, co N37 56' 1» - - - - - - - - - - - -- - - - — — — — — — — — - - - - - - - - - - - -- - -- - - - - - - - - - SjO. - - - - - - - - - - - -- - - `\ WF#A 1—B 1V WF#As WF#A5 WF#A2 WF11A 1 DATE: - - - - -. - - - - - - - � N WF#A1-1 EDGE OF WETLANDS c C WF#A4 RESERVED FOR REGISTRY USE ONLY U W O WF#A3 ZONINQ aELIEIa NEEDED. NORTH ANDOVER ,� Q J WF#A7 WF#B4 wF#Bs BOARD OF APPEALS � � ►� �- wF#81 REQUIRED PROVIDED WF#B2 WF*31—A WF#B 1—B LOT A LOT B wF#es Kf#B5 !Q LOT FRONTAGE 125 FEET 84. 10 FEET 84. 10 FEET - - - - - — — — — — — — — — — zu co F B7 N <</ _ - - - -_.,_ - - - - - - - - _ � � � LOT WIDTH * 100 FEET 85.23 FEET 86.26 FEET (0, LOT A ° c - -- - - - - - - - - - - - - o � 32,030 S.F. LOT S �,� 4 p C.B.A. 18, 750 S.F.t 16,570 S.F.f 17,862 S.F.f P C.�A.=16,570 S.F 30,094 S.F;t J — — — — — — — — — — — — — _ N ( , (C f�>A.=17,862 -S:F�) c�� * LOT WIDTH DIMENSION TAKEN ALONG FACE OF PROPOSED DWELLING o a - -- - - - - - - - - - - - - TO BE .RAZED P ljAN OF ]LAND 28 2' #415 �'�..�. .� ,�'7l°.R.�'��' - - . . DATE: - - - - - - - - - - - IN 1 CERTIFY THAT THIS PLAN WAS PREPARED 1N ACCORDANCE WITH NORTH ANDOVER, MA TUNIC- THE RULES AND REGULATIONS OF PREPARED BY: 20.0' ► - .:: PROp 2 1/2 THE REGISTERS OF DEEDS. ZONING DISTRICT: R3 a, STORY WD, FR SCOTT GILES, PLS PROP. 2 1/2 r > :.: 1 5 rRUCTURF ,. ASSESSOR INFOR�� TI®N. sroRU wD. FR. �� �� ,' 28' x 36' t 50 DEER MEADOW ROAD ° s8' ,k, 6' t1 � of NORTH ANDOVER, MA 01845 TAX MAP 37B LOT 36 � 29.E _,8. 120.0 ��4� (978) 683-2645 55, DEE® REFERENCE: 35. 1 P°d, , 46.2' � PREPARED FOR: N � f , ,��` SULLIVAN ENGINEERING GROUP, LLC BOOK: 10073 PAGE: 228 �o 00 84. 10' l _ 84. 10' _ p�'�1g��0� �3��°��� 22 MOUNT VERNON ROAD DRILL HOLE a S53°39'12'E 168.20' l BOXFORD, MA 01921 FND S A L E M S T R E E T SCOTT GILES, PLS DATE: MARCH 10, 2006 SCALE: 1"=40' g PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION '10. B. "Plan Specifications: Application for a Variance must be supported by a I) Size of plan: Ten (10 ) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"07", preferred scale of i"=40' detail all facts relied upon. When requesting a Variance H)One(1) Mylar. from the requirements of MGLA ch. 40A, Sec, 10.4 and LID Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five (5) ZBA signatures and date indicated on the supported. All points, A-F, are required to be Mylar. addressed with this application. '10 C. 'Features To Be Indicated On Plan: A. The particular use proposed for the land or I) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district (s) or topography of such land or structures especially 3. names of streets affecting,the property for which the Variance is 4. wetlands (if applicable) sought which do not affect generally the zoning 5. abutters of property, within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50' from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions tD Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines &outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. S. Title of Plan E. .Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer of substantially derogating from the intent or purpose _u^=eyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects, such as decks, sheds,and garages application. shall require only the plan information as indicated with _______-__._ an. asterisk("). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Cleric's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003) x#of all parties in interest identified in MGLA ch.40A§11 on tt A set of building elevation plans by a Registered abutters list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.B. Mailing labels: Applicant shall provide four (4) -'-Major projects are those, which involve one of the sets of mailing labels no larger than 1"x2-5/8" (3 copies following whether existing or proposed: for the Legal, and one copy for the Decision mailing). I) five (5)or more parking spaces, 11.C. See 2005 Revised Fee Schedule. Q)three (3)or more dwelling units, III)2,000 square feet of building area. llo� A Variance once granted by the ZBA will lapse i Major Projects shall require, that in addition to the 10B & 1 (one)year if not exercised and a new petition mu 10C features,that the plans show detailed utilities, soils, be submitted.t and topographic information.