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Home My WebLink AboutMiscellaneous - 45 WINDKIST FARM ROAD 4/30/2018 (2)Q Q 3 RECEIPT Printed: May 7, 2014 ® 9:58:46 Essex North Registry M. Paul Iannuccillo Register ,T 1s#T 6872 Oper:DELIAL '(EPHEN COSTA ,,Book: PL Page: 17088 ' Ctl#: 17 Rec:5-07-2014 @ 9:58:46a ' DOC-. DESCRIPTION TRANS AMT ----------------------- PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Total fees: 75.00 Book: 13844 Page: 187 Inst#: 9005 Ctl#: 18 Rec:5-07-2014 @ 9:58 46a NAND 45 WINDKIST RD DOC DESCRIPTION TRANS .AMT NOTICE Surcharge CPA $20.00 20.00 50.00 recar amg tee 50.,00 5.00 TECh SEE 5 C" fees. 75 00 x * x %,,o _ rar gea 156.00 CASrrN' �4rn "vi �ASr+ 150.00 Town of North Andover ZONING BOARD OF APPEALS Alden P. Alunzi Ill, Esq. C:hafrman lillcn P. McIntyre, [ 'ice -Chairman Richard J. Kycrs, l:sq. Clerk D. Paul Koch Jr., licq. Allan Cuscia elvedate Afemberf Michael P. I.ilxwrro Dcney Morganthal Douglas Ludgin Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, er Mass Gen L ch 40A 817 Notice of Decision Year 2014 Toon t:lcrk "lime Stamp This Is to certify that twenty (20) days have elapsed from date of decision, filed Without filing of al, Zu L 4 Date t Joyce A. Bradshaw Town Clark Pro ert at: 45 Windkist Farm Road NAME: Stephen Costa HEARING(S): 8 April 2014 ADDRESS: 45 Windkist Farm Road (Map 109 Parcel 49), North Andover, MA 01845 PETITION: 2014-001 The North Andover Board of Appeals held a public hearing at the Senior Center, at 120R Main Street, North Andover, MA on Tuesday, April 8, 2014 at 7:30 PM on the application of Stephen Costa and Quentara Johnson 45 Windkist Farm Road (Map 109 Parcel 49), North Andover, MA 01845. Petitioner is requesting a Variance from Table 2(Summary of Dimensional Requirements) of the Zoning Bylaw to construct a shed of 192 square feet. A Variance is needed fora side and rear setback. The proposed side setback is 18 feet and rear setback is 19 feet, the required is 30 feet. The proposed shed is in the R-2 Zoning District. Legal notices were sent to all the certified abutters provided by the Town of North Andover Assessor's Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 25 2014 and April 1, 2014. The following voting members were present: Albert P. Manzi 11I, Esq., D. Paul Koch Jr. and Allan Cuscia. The following Associate members were present: Michael P. Liporto, Deney Morganthal and Douglas Ludgin Cuscia made a motion to GRANT a Variance to allow from Table 2 (Dimensional Variance) of the Zoning Bylaws for a side and rear setback. Side set back of 18 feet (provided is 12 feet) rear set back is 19 feet (provided is l 1 feet) to erect a shed of 192 square feet. Liporto Second the motion to Grant the Variance The following members voted in favor to GRANT the Variance: Albert P. Manzi III, Esq., D. Paul Koch Jr., Allan Cuscia, Michael P. Liporto, and Deney Morganthal. All in favor 5-0. The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial of Qftjse, to the petitioner or applicant. The Board finds that desirable relief may be granted without s i%;shyuUOl,d'etoment to the public good and without nullifying or substantially derogating from the intent =b)FthelSt�tpos`erl his bylaw #i $oa4-a1stYvnds that this use of a shed, will not adversely affect the neighborhood. There will be no .6rsaneee or=serionhazard to vehicles or pedestrians since there are provisions for the required off-street pafkigg: Adouaxe:.and appropriate facilities are provided to the existing residential dwelling where the s6jAy The.Avard finds that the new shed will not be substantially dWile,#h?1 to die eX tstiq r can rk Page 100 .6 IF single-family dwelling and to the neighborhood and that this use, of the shed will be in harmony with the neighborhood and general purpose and intent of this Bylaw. 45 W indkist Farm Road (Map 109, Parcel 49), North Andover, MA Variance: 01845. Table 2 of the Zoning By in order to construct a Shed in the R-2 Zoning District, for side and rear setbacks. 14 conainin one sheet. Plan(s) Title: 1) "Plot Land" Dated March ncock Survey? A social st Inc. g 227 Chelmsford, Prepared by Street Chelmsford MA 01824 2) 1 sheet for each of the various views of the shed along with measurements "Rear", "Left", "Right", "Front" and "Concrete Pad" . Containing5 sheets Voting in favor: Albert P. Manzi Esq., Ill, D. Paul Koch Jr., Allan Cuscia Michael P. Liporto, and Deney Morganthal. Votin in the Ne alive: N/A The Board finds that the applicant has satisfied provisionsthe located t 45 Windkist Farm Road (Map 109, shed that requires a Variance, for a rear and side setback, Parcel 49), North Andover, MA 01845 in an R-2 Zoning District. Notes: (, This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense.tin of a building permit 2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the gran gprior to the issuance as the applicant must abide by all applicable local, state, and federal building codes and regulations, of a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the Variance are not exercised within two (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. No th Andover Zoning oard ofAppeals A ert P. Manzi I1I, Esq., Chairman D. Paul Koch Jr. Allan Cuscia Michael Liporto Deney Ludgin Decision 2014-001 Page 2 of 2 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi I1I, Esq. Chairman L^'lien P. Mcintyre, l ice -Chairman Richard J. Byers, E' sq. Clerk D. Paul Koch 1r., Esq. Allan Cuscia .Assodate Members Michael P. Liporto Deney \lorganthal Douglas Ludgin Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, Ll e� Ap 4SSACHUSSt Town Clerk `rime Stamp This is to certify that twenty (20) days have elapsed from date of decision, filed without filingof pal, �u l Date t 14 Notice of Decision Joyce A. Bradehaw Year 2014 Town Clerk per Mass. Gen. L. ch. 40A, 517 Property at: 45 Windkist Farm Road NAME: Stephen Costa HEARING(S): 8 April 2014 ADDRESS: 45 Windkist Farm Road (Map 109 PETITION: 2014-001 Parcel 49), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Senior Center, at 120.R Main Street, North Andover, MA on Tuesday, April 8, 2014 at 7:30 PM on the application of Stephen Costa and Quentara Johnson 45 Windkist Farm Road (Map 109 Parcel 49), North Andover, MA 01845. Petitioner is requesting a Variance from Table 2(Summary of Dimensional Requirements) of the Zoning Bylaw to construct a shed of 192 square feet. A Variance is needed for .a side and rear setback. The proposed side setback is 18 feet and rear setback is 19 feet, the required is 30 feet. The proposed shed is in the R-2 Zoning District. Legal notices were sent to all the certified abutters provided by the Town of North Andover Assessor's Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 25 2014 and April 1, 2014. The following voting members were present: Albert P. Manzi 11 1, Esq., D. Paul Koch Jr. and Allan Cuscia. The following Associate members were present: Michael P. Liporto, Deney Morganthal and Douglas Ludgin Cuscia made a motion to GRANT a Variance to allow from Table 2 (Dimensional Variance) of the Zoning Bylaws for a side and rear setback. Side set back of 1.8 feet (provided is 12 feet) rear set back is 19 feet (provided is I l feet) to erect a shed of 192 square feet. Liporto Second the motion to Grant the Variance The following members voted in favor to GRANT the Variance: Albert P. Manzi I11, Esq., D. Paul Koch Jr., Allan Cuscia, Michael P. Liporto, and Deney Morganthal. All in favor 5-0. The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw The Board also Enols that this use of a shed, will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since there are provisions for the required off-street VkA parking. Adequate acid appropriate facilities are provided to the existing residential dwelling where the shy 1 j The hoard Ends that the crew sljed will not be substautrall detllme#ldl /0 I1 e eXISf111 A True Copy.; y Town Cierk Page 1 oft single-family dwelling and to the neighborhood and that this use, of the shed will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Variance: 45 Windkist Fann Road (Map .1.09, Parcel 49), North Andover, MA 01845. Table 2 of the Zoning Bylaw in order to construct a Shed in the R-2 Zoning District, for side and rear setbacks. Plan(s) Title: 1) "Plot of Land" Dated March 7, 2014 containing one sheet. Prepared by Hancock Survey Associates, Inc., 227 Chelmsford, Street Chelmsford MA 01824 2) 1 sheet for each of the various views of the shed along with measurements "Rear", Left»"Right", Right , Front and "Concrete Pad" . Containing 5 sheets Voting in favor: Albert P. Manzi Esq., III, D. Paul Koch Jr., Allan Cuscia Michael P. Liporto, and Deney Morganthal. Vo - tin the Negative: NIA The Board finds that the applicant has satisfied the provisions of Table 2 of the Zoning Bylaw for a new shed that requires a Variance, for a rear and side setback, located at 45 Windkist Farm Road (Map 109, Parcel 49), North Andover, MA 01845 in an R-2 Zoning District. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Fsssex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. � ears of the date of the rant, it shall lapse, and 3. If the rights authorized by the Variance are not exercised within two O y g may be re-established only after notice, and a new hearing. N07th Andover Zoning oard of Appeals Albert P. Manzi III, Esq., Chairman D. Paul Koch Jr. Allan Cuscia Michael Liporto Deney Ludgin Decision 2014-001 Page 2 of 2 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi II1, Esq. Cbairman Ellen P. McIntyre, I" ice-Cbairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr., Esq. Allan Cuscia Associate A2embers i\4ichael P. Liporto Deney Morganthal Douglas Ludgin Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, & 17 - L y9�gCHuSE� Town Cler), Time Stamp Notice of Decision Year 2014 Property at: 45 Windkist Farm Road NAME: Stephen Costa HEARING(S): 8 April 2014 ADDRESS: 45 Windkist Farm Road (Map 109 Parcel 49), North Andover, MA 01845 PETITION: 2014-001 The North Andover Board of Appeals held a public hearing at the Senior Center, at 120R Main Street, North Andover, MA on Tuesday, April 8, 2014 at 7:30 PM on the application of Stephen Costa and Quentara Johnson 45 Windkist Farm Road (Map 109 Parcel 49), North Andover, MA 01845. Petitioner is requesting a Variance from Table 2(Summary of Dimensional Requirements) of the Zoning Bylaw to construct a shed of 192 square feet. A Variance is needed for a side and rear setback. The proposed side setback is 18 feet and rear setback is 19 feet, the required is 30 feet. The proposed shed is in the R-2 Zoning District. Legal notices were sent to all the certified abutters provided by the Town of North Andover Assessor's Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 25 2014 and April 1, 2014. The following voting members were present: Albert P. Manzi III, Esq., D. Paul Koch Jr. and Allan Cuscia. The following Associate members were present: Michael P. Liporto, Deney Morganthal and Douglas Ludgin Cuscia made a motion to GRANT a Variance to allow from Table 2 (Dimensional Variance) of the Zoning Bylaws for a side and rear setback. Side set back of 18 feet (provided is 12 feet) rear set back is 19 feet (provided is 11 feet) to erect a shed of 192 square feet. Liporto Second the motion to Grant the Variance The following members voted in favor to GRANT the Variance: Albert P. Manzi III, Esq., D. Paul Koch Jr., Allan Cuscia, Michael P. Liporto, and Deney Morganthal. All in favor 5-0. The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw The Board also finds that this use of a shed, will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since there are provisions for the required off-street parking. Adequate and appropriate facilities are provided to the existing residential dwelling where the shed will go. The Board finds that the new shed will not be substantially detrimental to the existing Page 1 of 2 i'I single-family dwelling and to the neighborhood and that this use, of the shed will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Variance: 45 Windkist Farm Road (Map 109, Parcel 49), North Andover, MA 01845. Table 2 of the Zoning Bylaw in order to construct a Shed in the R-2 Zoning District, for side and rear setbacks. Plan(s) Title: 1) "Plot of Land" Dated March 7, 2014 containing one sheet. Prepared by Hancock Survey Associates, Inc., 227 Chelmsford, Street Chelmsford MA 01824 2) 1 sheet for each of the various views of the shed along with measurements "Rear", "Left", "Right", "Front" and "Concrete Pad". Containing 5 sheets Voting in favor: Albert P. Manzi Esq., III, D. Paul Koch Jr., Allan Cuscia Michael P. Liporto, and Deney Morganthal. Voting in the Negative: I N/A The Board finds that the applicant has satisfied the provisions of Table 2 of the Zoning Bylaw for a new shed that requires a Variance, for a rear and side setback, located at 45 Windkist Farm Road (Map 109, Parcel 49), North Andover, MA 01845 in an R-2 Zoning District. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the Variance are not exercised within two (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. North Andover Zoning Moard of Appeals Albert P. Manzi III, Esq., Chairman D. Paul Koch Jr. Allan Cuscia Michael Liporto Deney Ludgin Decision 2014-001 Page 2 of 2 of NORrH qM 4 fi=r �t 9Ss cHus�`TOWN OF i " ANDOVER ZONING BOARD OF APPEALS t VARIANCE� L"1, -;i t NAME: ADDRESS OF APPEAL: C Town Clerk Time Stamp Procedure & Requirements for an Application for a Variance Twelve (12) 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 boara or an application as incom The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and eleven (11) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 11 Xerox'copies will be left with the Zoning Board of Appeals secretary. STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS, The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 354 Merrimack St. Suite #304, Lawrence MA, 01843 and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. I %l' .:1:t&YttihiY3itait tisatiS5'inn a�s9s Y[ tYsYt�eriri ;�a:it�S�1't/iS::e'4:c rti:Y�`-'iasCiy:cst :aC:Vc4i tft. tSk .h"lEc YSV4LhfiYcdiait YrhYi:Y'xY ::t:Y� is�l�t a&it hi7 caM�� IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg, 20, Suite 2035 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 1 of 4 PAGE 2OF4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE LPtsedmpa+ete_alt►ttems,l,I. Petitioner: *Name, *Address and telephone number: `-lS 1� ►; �r � 1C 'c f( -a r-rm r(-<- c ��c i �� f � cl �'t' ,Ut �`� C�i�`lS 978-Ro - ��.iLl `i�1 �-IP1�r- *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: ` Years Owned Land:. 3. Location of Property: a. Street: '415 ka -j Zoning District: RCS;d ej- J�� Z b. Assessors: Map number: /o I"/ Lot Number: '�/ � c. Registry of Deeds: Book Number: /3 ( 6-? Page Number: .2 83 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: The above description shall be used for the purpose of the legal notice and decision. A more 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 applicant. 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 dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % _ B. % Page 3 of 4 tt pp�ry NORTH ANDOVER ZONING BOARD OF APPEALS application for a ARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 6 C. Proposed Lot(s): Sq. feet Building* of Unite* Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) LotArea Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 7A. Existing Building(s): Ground Floor Number of Height Square feet Floors C, -t (c, 9 Minimum Lot Setback Front Side A Side B Rear Minimum Lot Setback Front Side A Side B Rear Minimum Lot Setback Front Side A Side B Rear Total Use of Number Sq. feet Building* of Unite* 0 .7- ��L� 5cG F''7� )--CJ ()r—; rrx, —�} *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Square feet Floors Seq. feet 8. Petitioner and Landowner signature(s): Use of Number Building* of Units** *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(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. T PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all fads relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be dearly Identified and factually supported.. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. 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. D. Fads relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Fads relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area Is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change In use. 10. A. Major Projects Major projects are those, which Involve one of the following whether existing or proposed: n five (5) or more parking $paces, R) three (3) or more dwelling units, "2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x1T, preferred scale of 1"-40' 11) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. IIID) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3, names of streets 4. wetlands (if applicable) S. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. 11) Legend & Graphic Aids shall include: 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 and phone numbers of the applicant, owner or record, and land surveyor. 7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk C). In some cases further information may be required. 11. APPLICATION FILING FEES 11.A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover" for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps for each address listed on the abutter's list, plus an additional 2 for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than I W-5/8° (3 copies for the Legal, and one copy for the Decision mailing). 11. C. 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The front of the property slopes towards the road, the north side of the property slopes towards the property line and rear of the property slopes toward the rear property line. Also part of the rear property is within a 100' wetland buffer zone. The only level areas of the property are the south side yard where the septic and driveway are located, the small level area behind the house (within the wetland buffer zone), and the proposed area of the shed near the pool. C. The small area behind the house would also require a variance and would be within the 100' wetland buffer. With the exception of the proposed location of the shed, the other areas of the property the shed could be located would require significant excavation at significant expense and in some cases would be of greater detriment to the public good than the proposed location such as closer to the road than the house. D. The proposed structure would have no substantial detriment to the public good. The location of the shed would be 50+ feet from abutting property structures. The rear property line is wooded such that it would only be partially visible or not visible by the rear abutters. The rear abutter's houses are located closer to their front property lines, Boston Street, than their rear property lines. The Houchins' house, the side abutter who would be most affected by the variance, is located closer to Boston St, or the opposite property line. In verbal discussions with Mr. Houchins, he was agreeable to the location and size of the proposed shed. E. The proposed variance would not nullify the zoning laws. The variance would still maintain 60% or greater of the 30 ft setback for the rear and side property lines. Also the setback for smaller sheds, under 64 sqft, is only 10 ft. The proposed structure is merely an oversized shed. F. Not Applicable. Pictures: Top Left — Facing front/northem corner of the house. Bottom Left — Facing driveway, southern property line and rear property line. Bottom Right- Along rear property line, small level area to the left and wetlands to the right. 1011212012 08:44 Atty. peter CartlSO QUITCLAIM DEED (FAX)978 475 1001 1x.0021002 Christopher J. Sca.il.)a and Jenjii.fer A. Scarpa, husband and wife., of 10 Milk Street, North Andover. Nlassachusetts P For consideration paid of Eight Hundred. Ten Thousand and 00/1.00 ($810;000.00) C1 Dollars Grant to Stephen Costa and Quentara.lohnson, as tenants in colxunon z Of 45 Wind.kist Fa -n11 Road, North Andover, Massachusetts o QUITCLAIM COVENANTS E `. he. twid with the buildings thereon lalown as Lot P13 located in Noilb Andover,, Essex, County, ivlassaehusetts as :'holvn on a plus of ta.nd entitled, "Definitive Subdivision Plan N `Windidst Fanns', located in North A1ldover, MA." Record owners BanDa .Rea.lty Trust, 44 Great Pond Drive, Box ord. N A; Christiansen & Sergi, l'rofessionat E'naineers Land z Surveyors, 160 Summer Street, Haverhill. MA, 018:10, Tel. (508) 373-0310. Said plan is recorded in the Essex.Nor`.h District Registry of:Deeds as Plan No. 12957. Ln Buyer, by sighing this deet, acknowledges that this lot is located in close proximity to a horse farm and stable and riding facility. Buyer recognizes -that there are certain potential w nuisances inherent in. the maintenance of animals. Buyer, by accepting this deed, agrees to leave the farm in quiet enjoyment of its tenancy without resort to any administrative or Judicial proceedings provided that the standard of care and cleanliness at the farm is equal to or grater than Elie standard of cleaidi11ess of similar facilities in the area. 'Phis provision shall constltUte a covenant I'lllllllllg wltll the laud. This conveyance is also made subject to any and all restrictions, reservations grid easements of record, insofar as the same are still in force and applicable, Being all and the same premises miveyed to Grantors by deed recorded with Essex North District Registry of Deeds in Book 5745, Page 1?2, NN'S"S r: USETT ,JE EXCISE UK �4ct?3t WQrth Registrg 1(1-12-2012 c) k1r�•`' am 2992 Abutter to Abutter( ) Building Dept. ( ) Conservation ( X ) Zoning ( ) This certifies that the names appearing on the records of the Assess fice as of Certified by: %- l Town of North Andover Abutters Listing REQWlREMEN7: MGL 40A, Section 11 states In part "Partles In Interest as used In this chapter shall mean the petlgoner, abutters, owners of land directly oppositeon any public or private way, and abutters to ebutters within three hundred (300) feet of the property line of the petigoneras thsy appesron the most recent applicable lax list, notwithstanding that the land of any such owner is located in another city or town, the planting board of the dty or town, and the planning board of every abutting city or town! Subiect Property: MAP PARCEL Name Address 909 49 Stephen Costa 45 Windkist Farm Road, Nortb Andover, MA 01845 Abutters Properties ,Ma Parcel Name Address 107.D 81 Daniel Gutman 534 Boston Street, North Andover, MA 01845 109 5 Dorothy Bragen 6 Jenkins Road, Andover, MA 01810 109 35 Andover Sportsmen Club, Inc P.O. Box 255, Andover, MA 01810 109 47 James O'Mara 570 Boston Street, North Andover, MA 01845 109 48 Ira Houchina, III 15 Windkist Farm Road, North Andover, MA 01845 109 50 Alexander Crosett, ill 59 Alindkist Farm Read, North Andover, MA 01845 109 51 Steven Flora 75 vt4ndkIst Farm Road, North Andover, MA 01845 109 58 Paul Rokos 80 "findkist Farm Road, North Andover, MA 01845 109 59 Jeffrey Steely 70 Windkist Farm Road, North Andover, MA 01845 109 60 Balogh/Rice Nominee Trust 56 Windkist Farm Road, North Andover, MA 01845 109. 61 Brian Lucy 42 Windkist Farm Road, North Andover, NIA 01845 109 62 Waleed Hassanein 30 Windkist Farm Road -North Andover, MA 01845 109 63 Michael Pasco 14 Windkist Farm Road,:North Andover, MA 01845 This certifies that the names appearing on the records of the Assess fice as of Certified by: %- l DORO;rHy SRAGEN MARY CRON/N N4'53 '00"E 195.80' 10 _ Q— o �oc \ STY; 0 ON . Um N P a� vim/ w O 0o n1 aZ C N�_�<O v1 G Z~ C co a C*) o Rb C a i4t r 0 r D Z y 0 PLAN N0. 12957 154.51' JAMES ✓. 0 VARA H£lD/ P. 0 VARA ti o q Z 00 45 oc Zop / O / 2 STY WOOD 8 �N j Z S V913 •90Z 0_ 9� „ nZ5 x �P 0.1� (3aM�oy �,d�S) ONIM � Odog / EnaZZ :70°�2 �°o2oZril � ZiZZ�aC rp rn N i� r Po- O� o0o cnoNW � 600 oo�0) C oo �O �oo.o�o o�rnrn � zz ocncoco O �� oo I� rl r Ll V V OZOaaI. SOC°�b�O�nnj U) DO Z �Z--t. r O rn � L ril 00� O5?~ O rn r Ori n1� Ll cnrn r a��a00� C rn 00 61 oclo o-ko� a;z) Z f n -0 iry °° °tea r�-Ln—m O�Z��O�OZO :70 S. C—rn) aorD otiaoo Z O� ��Za� ° rl rn 1. �z50mar a Sao°Z� :702 Z oaa rn �z rl on"n C0 NOS ply zo�oo �o2I.rrl y�c a�t-N 0 ��p� �N)r �00� O°oo allo� ° Z a� � � n vim/ w O r 0 r D Z y 0 PLAN N0. 12957 154.51' JAMES ✓. 0 VARA H£lD/ P. 0 VARA ti o q Z 00 45 oc Zop / O / 2 STY WOOD 8 �N j Z S V913 •90Z 0_ 9� „ nZ5 x �P 0.1� (3aM�oy �,d�S) ONIM � Odog / EnaZZ :70°�2 �°o2oZril � ZiZZ�aC rp rn N i� r Po- O� o0o cnoNW � 600 oo�0) C oo �O �oo.o�o o�rnrn � zz ocncoco O �� oo I� rl r Ll V V OZOaaI. SOC°�b�O�nnj U) DO Z �Z--t. r O rn � L ril 00� O5?~ O rn r Ori n1� Ll cnrn r a��a00� C rn 00 61 oclo o-ko� a;z) Z f n -0 iry °° °tea r�-Ln—m O�Z��O�OZO :70 S. C—rn) aorD otiaoo Z O� ��Za� ° rl rn 1. �z50mar a Sao°Z� :702 Z oaa rn �z rl on"n C0 NOS ply zo�oo �o2I.rrl y�c a�t-N 0 ��p� �N)r �00� O°oo allo� ° Z a� � � n ARMS Al L'!Ll �3 sa= , � � � � � � � \§<2• )� E|@ Ell � ,�� ■ �^� �� :; :v , . � §F777' d' « En ................................. N V-1 M� Ln mmm �!Mml �a f a Z I (A V Z N V-1 M� Ln mmm �!Mml F,.MIA' i �- 0A r— NORTFI Zoning Bylaw Review Form p Town Of North Andover Building Department *y*•a;,;o�.: 1600 Osgood St. Bldg 20 Suite 2-36 1S'S CHUSE< North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 45 Windkist Farm Road Ma /Lot: 109149 Applicant: Stephen Costa Request: Construct shed 192 Square feet Date: 3110114 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R-2 Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes X Setback Variance SIDE YARD LEFT 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 X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required 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 X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient X I Building Coverage 6 1 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign N/A 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 X 2 Parking Complies X 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 X Setback Variance SIDE YARD LEFT Access. other than Frontage Special Permit Parking 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 Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District S ecial Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting Watershed Special Permit -nonconforming 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 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 forthe o e file. You 7mus.,iile a new permit application form and begin the perm' ing process. �--/� e Buil 'ng Departmient Official Signature Applicati R ived Appfciatiafi Denied 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 for the property indicated on the reverse side: Item Reasons for Reference Table 2 Summary of Dimensional Requirements Proposed Side Yard 18 Feet- 30 feet Required Proposed Rear yard 19 feet 30 feet Required Section 4 Buildings and Uses Permitted 4.121 #18 1 Accessory Buildings no larger than 64 square feet proposed 192 square feet. U Referred To: Fire Health Police X Zoning Board X Conservation Department of Public Works X Planning Historical Commission Other Building Department