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Miscellaneous - 46 BEAR HILL ROAD 4/30/2018
�C�d�i� �/1� �a�-�J .. -4 NORTH, � � 9 M off. T' ,SBACHUs�t .,. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE f I Notice is hereby given that the Board of Appeals will give a hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday evening the 14th day of September 1 19 93 , at 7:30 o'clock, to all parties interested in the 1 appeal of Eastern Bank requesting a 1 variation of Sec. 7, Paragraph 7.3 and Table 2 of the Zoning By Law so as to permit relief of 3 feet for the side yard setback affecting right front corner of front corner of building on the premises, located at #46 Bear Hill Road. By Order of the Board of Appeals Frank Serio, Jr. , Chairman Publish in the North Andover Citizen on August 25 and Sept. 1, 1 LEGAL NOTICE 1 TOWN OF NORTH ANDOVER 1 BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals j will give a hearing at the Senior Citizen's Center ' located at the rear of the Town Building,120 Main r Street,North Andover on Tuesday evening the 141h day of September 1993.at 7:30 o'clock,to all parties j interested in the appeal of Esetem Bank requesting a variation of Sec.7,Paragraph 7.3 and Table 2 of the Zoning By Law so as to permit relief of 3 feet for the side yard setback affecting right front corner of building on the premises,located at N46 Bear Hill Road By Order of the Board of Appeal Franc Serb,Jr.,Chairman NAC:11125 8 9/1/93 �� - Any appeal shall be filed within (20) days after the R E date of filing of this Notice NORTH in the of the Town TO''��,tAORT': Clerk. '33 Ss A us" TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Eastern Bank DECISION 270 Union Street Lynn, MA 01901 Petition #038-93 The Board of Appeals held a regular meeting on Tuesday, September 14, 1993 upon the application of Eastern Bank requesting a variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of three (3) feet for the side yard setback affecting the right front corner of the building on the premises located at 46 Bear Hill Road. The following members were present and voting: Frank Serio, Jr. , Chairman, William Sullivan, Walter Soule, Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on August 25 and September 1, 1993 and all abutters were notified by regular mail. Upon a motion by Mr. Vivenzio and seconded by Mr. Sullivan the Board voted unanimously to GRANT the variance for relief of 2 .5 feet from the side yard setback. The Board finds that the petitioner has satisfied the provision of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not cause substantial detriment to the public good or substantially derogate from the intent and purpose of the Zoning Bylaw.. Dated this 28th day of September 1993 . BOARD OF APPEALS Frank Serio, Jr.iX Chairman Any appeal shall be filed J�.:�°'�":ati REC`• witi,in 20 days after the :3:� DANirL L3i� AMILM date of filing of this Notice :s• lass p� � NORTI� in the Office of the Town ''''sSgcH6�'.� + Clerk. `''^"'� TOWN OF NORTH ANDOVER , MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . S.eptember. 2Q, . 1993. . . . . . . Petition No.. . . 03.a-93. . . . . . . . . . . . Date of Hearing. . .September. .14, . 1993 Petition of . . . . .Eastern. Bank. . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .46. Bear Hill. Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of ft . .Section. .7... . . . . Paragraph .7,.3.and. .Table. 2. o.f .the. Zoning.Bylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit .relief. .of. .three. .(3). feet. f.or..the, s.ide .yard. .setback. af.fecting. .the . . right .front. .corner. of. .the.buil.ding.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appals voted to _ .GRANT the variance.for. relief. of 2.5 feet and hereby authorize the Building Inspector to issue a permit to . Eastern.Bank.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i�XQI�X�4C �����4Rl�XoK The Board finds that the petitioner has satisfied the provision of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not cause substantial detriment to the public good or substantially derogate from the intent and purpose of the Zoning Bylaw. Signed . . . . . Frank. Serio, ,Jr.., ,Chak. . . n. . . . . . . . . . William. Sullivan.,. Vice-chairman Walter. So.ule . . . . . . . . . . . . . . . . . . . . . . . . Raymond. V.ivenzio. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP JPARCEL I LOT INAME JADDRESS 64 198 1 1 Eastern Bank 1270 Union. St. , Lynn, MA 1901 ABUTTERS MAP IPARCEL LOTNAME ADDRESS 64 1110 IqGeorge Frank J. + Carolyn Lazzar no 477 Bear Hill RdN.A. MA ✓ 64 134 Laurence R. + Elaine A. Pare 29 Bear Hill Rd. N.A. MA 4 96 Creste D. + Paula M. Zann 68 Bear Hill Rd. N.A. DIA 64 97 T. + Lorraine F. Oldham 56 Bear Hill Rd. N.A. MA 64 99 lGail H. Dooley 50 Bear Hill Rd . 64 101 Gail H. Dooley 450 Bear Hill Rd N.A. MA ✓ 64 1102 1 Michael J. DiBitetto 1410 Bear Hi 64 78 Hai M + A. MA I i I 1 I i I I I 1 I it i OL F- A DOo LE1( S p JN 3 va y 3SS'p u P Ot J Z � µ<F CIA IL H oc Doc�E Y N VA r-At LT LoT p : 450 BEAR . H ►LL _ N o rA a(0.zs t O 4 ZOt LING- BOAT-P m ►- 0 0 L \o' 5G Jt.Lf 1�_ 4o, �Y, o to 46 go 17-0 . I CERTIFY TI-IA-f' THE LOT D IMSENS I ON SFSUILUIV &S 6' AND OFrSE T 5 APES AS 5 H ovv N CEP-TIF"( 7N ►S FLAK WAS PKEPA!P-ED A CC ORD1I;NG- T0 Tt+E RULES AND IZ EG U'L.A'T l 0 X S OF THE. IZC&t6 T; RS Of: VC E D.S ' OF THE r-OM,MONWRALTH Hous g- AREA ` 107 4 dW I,A A 55,4C RU5 E T TS L B-t A E a l a. ZDN E P,-- I ` CERTIF IE: QILo-r FLAtq OF LAUD IN 4 R l 1-1 A"00V E R MA 5 S 5CAL LS, t o' v G v s-r `l, I`tq3 130STON F Nob SURVEY IWC CARMEN "�G O D l RE TH MPS N SQUARE >> T%T;A M �O d i x zao 18487 6dSTER��^Q�``�� C HAR L.E 45rO\N N MASS a Z!Zq n �NAi;ITpND�`'Jµ Z A z- 1313 �q z A Z- 16 l6 CF AX) �•Z�Z o�•3� `so o v x G A N POO LE-Y S p J o z 3 a S5 oa 0 0, t u P ". �ZQ�t S t tv z / GA I H fFDoo L.E `{ to 0 h h 0 V,4 c At,4T LOT -- 4-50 B EA s, . Hi" p Q a e.25 0 r ZOt t IN6- gohr-P m �o No lot Lu ba•�� E SCARE 1 = 4o' o zc 4o go tLo RSoq;� CERTI FY Tl-IAT THE LOT D'I'MRNS I ON 5, F3UI LIDIUGS AND bFFSE T S AR.E AS � �� Ike 5,H OWN � y «ItiT VF`( TH A T THI-S f FLAti WAS Pl�EPAP_EP A CC O R.DlNG- T'd T4G1 RULE'S i AND IZ E=G u,LSI T I ON 5 OF THE. RRC-t6T9'�RS Of: pE'EpS O.F THE GoMMOKY'VEALTy Hoo-5 OF "ASSAcHUSETTS LC-T At!-EA ZONE p l CERTIF JE: ID FLO-T' FLAT of LAtaD Iti OR7" A�AAoVER MA 5s Sck Lr!�' 1 '^ 40' A to G u sT• ct I qq3 jdkI305TON 5URVE `( INC. w� �;4caRnN s� OKE THOMPSou 5 UA VLE No: &t87 �d i 150%,<a150%,<C rzO • � ,1 c Y�FCI.ST,ER�� Q,�a C HAR LE 5 T'O VV MASS o Z I Z q F Z 4 z- 16 l6 �,F AXE 36 0 ' % G A m- N ��,?, W z POO LE-( p J . 0 3 �� Al 355.5 o u P a „ f4 OO ^. N 7. 02 - J IL LA 7 w 3 . G !L A H �c lF D00 L,IE +1 0 N ri VACANT LOT 0 4 50 BEAR N RoAp m� > p G(e.25' 0 , r Zoc�IvG EOAr-P `^ Z �Q Lu 4- \ Z e 6q � SCA LE 1= 40 - , 5A o zo qo go t a0 pK q CERTI I-YT'trlAT LOT DIMAENSIONS F33UILDIlt&S AN 1) 0FFS�L l� R AS 0W" N 5'H la � I cEF-TtlF`( "T°HA r `T'H tS FLAK WkS PF-I=PACED � A CC O R C);lt SIG- -FO Tk E IZU LES AND a,Ef6 UrLAT l,0X5 OF Tt-4 E. tZ��l`ST�R� OIr )7�ED.S 0.F. THE C MUrH (Hous 5 AREA V D� OF "A'SSA C14 G: Lo7 AEA i ZON E- R-- �: � ERTIF tE0 f Lo-r PLA r4 01= L A 1,t D I tit O R T H Atmel DOS/E R MA 5 s 5ck L E, I '— 4o' F305TON `Noy. 5URVE `( INC. �A SCA RMEN cyc; r� , 0R -THOMP5or! SQUARE �+ TESTA H. pd t deo: 18487 P✓6X Z z O °£�csTER�° C HAA t_'E ATO W to MASS o Z t Z . t� - 24z- 1313 �MAtN) I �. � � ZA z- 16 l6 CF A- i �•E P- 1 �- � = 7"f-{U 1 � _ �E• L n.-ti _•r- r-, _:{, U.-. : Is I"i� '•' I Lau r8 s 7: GI•_R t,tf`•( 'II It' ,. tr'GUN[;)6;nr_A...l j?- �1-IGk-.+�-\ OF= `f}-I� �tChr•-1� ov. A-%CCzn-N nti-tc vE<R.AN l� IS LocATED ours,Ar rn FLoo4 PLAPA/ p►STRICT Cos',tea ` tU CIO?, �_,�.Ot.rr: 1''!.q(7_� [.'ri"iIJ..I,t,�r: �. 4_l�a� /� i j• � I � � a .iU tcx TEZ�DZ�4'a.iG N 30636 0 of Nlr Cr A it N POO LES( p J N Z JAt0 3 v. w 3SS.5� p u P p o .Z�RrIB lip. S0'0 Z _ J tDx u�F G A t L H Aj 7' owc h O . DOOLEY + Q r. N VA c AWT LOT p o t: 4-50 B EA s . H iu- O r � ZOINLIV6- gOA P m r �o • �' v 4a �1 , tu 6 0 E SCA LE 1= 40' o®ra 4 o to 46 P C E R T I F",( Tl-(A-T 'TTN E y LOT 01MENS I ON S, F3UILD1v1G5 AND OFFSETS ARE AS 5 H OW N � I cE1`TIF`( THAT TN 5 � FLAK WAS FF,EPAPIE-ED I. Ar CC OR.OING- Td . Tt+E RULES AND PE6 U'LAT IDN OF THE- Re6-ISTE'RS OF pE EDS �ou5 5 AREA OF THE coMtvlo>yWEQLTH 10� OF MASSQcSUSETTS Lo-r At.Ea ZOISA E R- CERTIF tED r'Lo-T' FL} t4 O F L A AID Iti OR i H A"DovER MASS 5cAL L_S 1 40' /A tJ Cr u•ST 9, M-3 50 STa til pOF; SURVEY INC. cnRMEN. ON.E TWorAPSoi l SQUARE ;TESTA":`.: , ' y i `�E iNo 184PO o6X 2Zo C HAR LE'3TO vJN MASS o Z IZq - "� 13 13 (i\/1 A I ht) Z A Z- 16 16 CF AXQ {�r l'VCORTGAGE INSPECTION PILANI ,1k BOSTON SURVEY, INC. 1 Thompson Square P.O. Box 220 Charlestown, MA 02129 (617)242-1313 MAIN (617)242-1616 FAX APPLICANT: DEED REF: Z7467/A t dr STREET: 1Y, 6AHK d%144 RD, PLAN REF: 96Ss" TOWN: Al. 4A1Z)6wr CERT.of TITLE: —� STATE: ^f DATE: 7, x7 -9b r / . i 77 �h , y r.� { ' Brei r/' 49 / ',P W*i SCALE: f s ¢e The pennancnt structures are approximately located on flit tk OF CERTZt ED TO; ground tts shown. They either conformed to the setback requirements of the local zoning ordinances in etTect at the CA MEN According to Fcdet'al Emcrgensy Management Agency time of construction,or are exempt from violation • maps,the major improvements oil this property fall in enforcement action under M.U.L.Title VII,Chapter 40 A, TESTA t area designated as zone e— No.18487 Commttnit P ncroacltments or major .c y anel No:ZY00`l rr cxC o Section 7,and that there are no cSC— improvements either way across property lines except as �'q �G Effective Date; �v�,. shown laid noted hereon. g�RV� NOTE: Zone C Is areas of minimal flooding{no sliading). This designation Is not based on an elevation oerticcate. NOTE; This Is not a boundary or title insurance survey. This plan was prepared in accordance to procedural and technical standards for Mortgage Loan Inspections as adapted by th®Massachusetts Board of Registration of professional engineers and land surveyors,250 OW6,05,and use for any other purpose Is Prohibited, This plan Is not to be used for recording,preparing deed descriptions,or construction. TOTAL P.01 R E C E 1 V71D F ;;' 0M 61 7 242 1 61 6 •NI r k ,d 5 1, 3o�O .o 0 N 6rAi� N �r- >. AO© LEY 3. J N 0 3 �N 35.5 0 u P 4 .0O tv k. � v Jaz Z LL Y La µlF GA IL I_{ oL cl h O Doo L.E Y +I 0 N N m ` Mto t� . VA c AWT LOT 0 4 50 B EA K H i i..L. ROkp p Q *4" a 6,Zs' L O ZoN Vti46- Z I J v u -! 4 � 1L �\p SC A Lf 1"- '4'd' 4X o zc 40 80 Ito p� q Af� 20 CERTI FY Ti-WT THE. g ' LOT bl'MRNS I ON 5, f3UILj3ju&5AND OFFSE!� ARE As `� �° �,P " 5 H OW N cermFY THAT THIS FLAIL VYAs PF-Epj&P.-Ep A CC ORD`I'V4i&.— TO THE RULES A14P IZ-26 U+LA-r t,OX� OF THIE„ R.et>II:STERS Of: DG7EDS OF THE G`bM.tA0tA G:ALTH IHou5 >^ AREA OF' M�r4S5A cNtJS ETTS LO-r A� E� I©� { o-- Z.O N E R- I I f CERTIF JE0 Lo-7' PLA r4 o f L A til D I N OR,i H AVIDavER ISA5s 5c 1 ,.� 4C' f�LJG u 57- 9� 1`IQ3 505TN F!5 U RV E I INC. r c^R E" mss: OKE THOMP50N SQUAStE � 1 CESTA ti PO Q'l d�C cm o 9£GISTiER��°�``a C HAR L E'3TO vVN MASS oZ Izq aik iai►o s Z Az- 13 13 CM A I N) Z4Z- I6 !6CFAA) i ' l ^ � � ' ;.�, 4,'r r ,� , f�5 �� r 1 ,� � �, �� �' � �_,� `� - ;�r� �� --- '� � � 1 ==:==�=, ''�� �Y 1 �-�_I r ,�,. . '' __�� � 1�'' � . i f �� . '� SHAW !N Cc COILN�-:7 LU acK . 0 cr J U Q- pANIE►, �Oa= Received by Town Clerk: TO BCLERK NORI}a ANDOVER TOWN OF NORTH ANDOVER, MASSACHUSETTSAUG BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Eastern Bank , Address 270 Union Street Lynn, MA 01901 Tel. No.1-800-892-0673 Mr. Thomas Parrott/Special Assets 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7 .3 and Table 2 of the Zoning Bylaws. b) For a special Permit under Section Paragrap4 , of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land and building(s) x numbered 46 Bear Hill Road Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West (x ) side of Bear Hill Road Street. Street, and known as No. 46 Bear Hill Road Street. C) Premises affected are in Zoning District R-1 and the premises affected have an area of 43 . 903 square feet and frontage of 263 .29 feet. 3 . Ownership: a) Name and address of owner (if joint ownership, give all names) : Eastern Bank, 270 Union Street, Lynn, MA 01901 Date of Purchase 1992 Previous Owner J.&P. Piantidosi by orc osuie b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 4 . Size of p X4!Pa l building: 109 f t front; feet deep; Height 2 stories; 28± feet. a) Approximate date of erection: June 28 , 1988 b) Occupancy or use of each floor: Residential C) Type of construction: Brick 6. Has there been a previous appeal, under zoning, on these premises? No If so, when? N/A 7 . Description of relief sought on this petitiorRelief of 3feet from side lot affecting right front corner of building 8 . Deed recorded in the Registry of Deeds in Book 3481 Page 294 Land Court Certificate No. 0 Book 0 Page 0 The principal points upon which I base my application are as follows: (must be stated in detail) The nronerty has -been forclosed by the bank The bank is in the process of selling the property having a signed agreement Not granting_the variance would create an undue hardship to the bank A certified plan done in 1 88 s ows the opegtv as confogmiZjg, but the ba t rou h ' ll ndve proYessionnaP survey a tologein comp lance wit r gu d ons. an''` I agree to pay the filing fee, advertising in newspaper, and incident e s s* GZ1i Signature of Pe do r(s) Every application for action by the Board shall be made on a form ' approved by the Board. These forms shall be furnished by Clerk upon request. Any communication purporting to be, an:; application shall be treated as mere notice of intention to seek, relief until such time as it is made on the official application- form. All information called for by the form shall be furnished . by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties..of�.,1 Interest" which list shall include the petitioner, abutters; owners of land directly opposite on nay public or private streets or way, and abutters to the abutters within three hundred feet;, (300 ) of the property line of the petitioner as they appear, on'' s`?:,,° the most recent applicable tax list, notwithstanding that th'e' `'11' land of any such owner is located in another city or town, Planning Board of the city or town, and the Planning Board Of, . every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25. 00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and.'' publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved: .. by the Board. No petition will be brought before the Board;., ` unless said plan has been submitted. Copies of the Board's! requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. REOtw` L DANIEL LONG Received by Town Clerk: T G'V14 CLEP,K WIN,' 01HYER TOWN OF NORTH ANDOVER, MASS4 SE9fi§9 A X33 BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Eastern BankAddress 270 Union Street _ Lynn. MA 01901 Tel. No.1-800-892-0673 Mr. Thomas Parrott/Special -Assets 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7 . 3 and Table 2 of the Zoning Bylaws. b) For a special Permit under Section Paragrap4__�_ ,_ of the Zoning Bylaws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land and building(s) x numbered 46 Bear Hill Road Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West (x ) side of Bear Hill Road Street. Street, and known as No. 46 Bear Hill Road Street. C) Premises affected are in Zoning District R-1 , and the premises affected have an area of 43 ,903 square feet and frontage of 263 .29 feet. 3 . Ownership: a) Name and address of owner (if joint ownership, give all names) : _Eastern Bank , 270 Union Street, Lynn, MA 01901 Date of Purchase 1992 Previous OwnerJ.&P. Piantidosi byo�rclosure b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 4 . Size of pXXq=X0d building: 109 ft front; - ' T feet deep; Height 2 stories; 28* feet. a) Approximate date of erection: June 28 , 1988 b) Occupancy or use of each floor: Residential c) Type of construction: Brick 6. Has there been a previous appeal, under zoning, on these premises? No If so, when? N/A . 7 . Description of relief sought on this petitiorRelief of 3feet from side lot affecting right front corner of building_ 8 . Deed recorded in the Registry of Deeds in Book 3481 Page 294 Land Court Certificate No. __ Book 0 Page 0 The principal points upon which I base my application are as follows: (must be stated in detail) The property has been forclosed by the bank The bank is in the process of selling the property having a signed agreement. Not granting the variance would create an undue hardship to the bank A certified plan. done ip 1 88 s ows the o e as co fo mi but the ba t rou h.:j.�, Mrou ess�o° na survey a to a B compat lance wit r gu Pions .WIll an;.; . I agree to y the filing fee, advertising in newspaper, and inciden en Signature of Peti loner Every application for action by the Board shall be made on a form: approved by the Board. These forms shall be furnished by the,.; , ; Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished,:' '; . by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties .s : Interest" which list shall include the petitioner, abutters:;': ;'a .:'' owners of land directly opposite on nay public or 'private streei;",, or way, and abutters to the abutters within three hundred feet;;;:. ; (300 ' ) of the property line of the petitioner as they appear ow4 the most recent applicable tax list, notwithstanding. that .the�,,M..�.'';` land of any such owner is located in another city or town, their;" Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge; cost in the amount of $25. 00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the.,.-,.. petition before .the Board. Such costs shall include mailing and; ,1_ , publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved;; '. by the Board. No petition will be brought before the Board- unless said plan has been submitted. Copies of the Board's . requirements regarding plans are attached hereto or are available: from the Board of Appeals upon request. Board of Appeals `S Sc- Town Office Building `'� �` North Andover, Mass. 01845 -� P m Ov 28 �-P O .-..� Michael DiBitetto 4-1-9 Bear Hill Road North Andover, MA 01845 DISITETTO LAWRENCE MA 01840-1514 RETURN TO SENDER Any appeal shall he filed .'00DAN "h•'ati within (20) days after the date of filing of this Notice �`.� isas in the Office of the Town ,�ssq�N�;�. �► Clerk. ""'''` SEP ZB 49 93 TOWN OF NORTH ANDOVER , MASSACHUSETTS BOARD 01: APPEALS NOTICE OF DECISION Date . S.eptember. .2$, . 1993. . . . . . . Petition No.. . . .0.3.8.-.93. . . . . . . . . . . . Date of Hearing. . .S.eptembex. A4, . 199 3 Petition of . . . . .Eastern, Bank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .46. Bear Hill. Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of W . .Section. .7... . . . . . . . Paragraph .7...3,and—Table. 2. .of .the. Zoning.Bylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit relief. .o.f. .three. .(.3). .f eet. f.or ..the. side .yard. .setback. affecting. the . . right .front. .corner. of. .the.building.. . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appaals voted to . .GRANT . . . . the variance. for. relief- of 2.5 fee_tand hereby authorize the Building Inspector to issue a permit to . Eastern.Bank... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . The Board finds that the petitioner has satisfied the provision of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not cause substantial detriment to the public good or substantially, derogate from the intent and purpose of the Zoning Bylaw. Signed Frank Serio Jr. ,, Chairman . . . . . . . . . . . . . . . . ., . . . . .,. . . . . . . . . n . . . . . . . . . . . William. Sullivan.,. Vice-cb4irman . . . . . . . . . Walter. Soule . . . . . . . . . . . . . . . . . . . . . . . Raymond. V.ivenzio. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . Board of Appeals 4 DA I�L UNG Received by Town Clerk: TOWN, C!U-RK NOR 14 U-JOVER Am 193 TOWN OF NORTH ANDOVER, MASSAOMTT 59 BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Eastern Bank . Address 270 Union Street Lynn, MA 01901 Tel. No.1-800-892-0673 Mr. Thomas Parrott/Special Assets 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7 .3 and Table 2 of the Zoning Bylaws. b) For a special Permit under Section Paragrap4__ of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and buildings) x numbered 46 Bear Hill Road Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West (x ) side of Bear H; 11 Road Street. Street, and known as No. 46 Bear Hill Road Street. c) Premises affected are in Zoning District R-1 , and the premises affected have an area of'43 ,903 square feet and frontage of 263 . 29 feet. 3 . Ownership: a) Name and address of owner (if joint ownership, give all names) : Eastern Bank, 270 Union Street, Lynn, MA 01901 Date of Purchase 1992 Previous Owner J.&P. Piantidosi byorrcclosure b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other I� 4. Size of VCqXbuilding: 109 ft front, feet deep; Height 2 stories; A± feet. a) Approximate date of erection: June 28 , '1988 b) Occupancy or use of each floor: Residential c) Type of construction: Brick 6. Has there been a previous appeal, under zoning, on these premises? No If so,, when? N/A 7. Description of relief sought on this petitioiRelief of 3feet from side lot affecting right front corner of building. 8. Deed recorded in the Registry of Deeds in Book 3481 Page 294 Land Court Certificate No. 0 Book 0 Page 0 The principal points upon which I base my application are as follows: (must be stated in detail) The property has been forclosed by the bank The bank is in the process of selling the property having a signed agreement. Not granting the variance would create an undue hardship to the bank. A certified plan done ip 1988 s ows the o e as co fo mi but the ba t rou h Mor p ou i es i an pro essionaf survey a to a in compliance wit r gu tions . I agree pay tie filing fee, advertising in newspaper, and incide al s Signature of Peti oner Every applicati n for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an ' application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed., Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on nay public or private street or way, and abutters to the abutters within three hundred feet (3001 ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25. 00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. MOIIiM • TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Eastern Bank 270 Union Street Lynn, MA 01901 Date: August_25,_1993 r Dear Applicant: Enclosed- is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $ 5.60 for the following: Filing .Fee $ Postage $ 5.60 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Plain Street , North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS Linda Dufresne, Clerk r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . .September ;16, , .19 9.2. Notice is hereby given that the Board of Appeals will give a hearing at the Town Binding,North Andover,on. Tuesday. . . . evening. . . . . . the 13t4 day of . -4e ' .Or, .►��r 199Z , at7;3.%'clock, to all parties interested in the appeal of . . . . . . . . . . Daniel.&, Lori.McConaghy. . . . . . . . . . . . . . . . l ous Earth Removal under requesting a�U4 . . . . . . . . . . . . . . . . P Omw Section 5.6. ° Para 2. of the Zoning Bylaws and also � W6�'as an-aggrieved-party to a de-nial of the Building Permit by the Building Inspector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ".. . . " . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. .Lot,77._Bear; Hill, Road_ _ _ . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in the'N. Andover Citizen on 9/23&30/92. f� LEGAL NOTICE 1 LEGAL NOTICE I BOARD OF APPEALS - BOARD OF APPEALS NOTICE NOTICE September 16.1992 ' September 16.1992 Notice is hereby given that the Board of Appeals Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North j will give a hearing at the Town Building,North Andover,on Tuesday evening the 13th day of f Andover,on Tuesday evening the 131h day of a October 1992,at 7:30 o'clock,10 all parties interest. October 1992,at 7:30 o'clock,to all parties interest- ed in the appeal of Daniel&Lori�McConaghy ed in the appeal of Daniel&Lori McConaghy requesting a Miscellaneous Earth Removal Permit requesting a Miscellaneous Eanh Removal Permit , under Section 5.6,Para 2.of the Zoning Bylaws under Section 5.6,Para 2.of the Zoning 8yLaws and also as an aggrieved party to a denial of the and also as an aggrieved party to a denial of the Building Permit by the Building Inspector,on the Building Permit by the Building Inspector,on the premises.located at Lot 77 Bear Hill Road. Promises.located at Lot 77 Bear Hill Road. By Order of the Board of Appeals By Order of the Board of Appeals Frank Sere,Jr.,Chairman _ Frank Serio,Jr.,Chairman "0/92 NAC:9123&9/30192 �,�, l5 PC R E C':--i v E DAWFi T 0 IAORTH �i0irtitl AIM 0 V DEC of L -o Twi%r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Daniel & Lori McConaghy Petition #029-92 77 Bear Hill Road North Andover, MA 01845 DECISION The Board of Appeals held a public hearing on October 13, 1992 continued to November jo, and December 8, 1992 upon the application of Daniel and Lori - McConaghy requesting a Miscellaneous Earth Removal Permit under Section 5.6, Paragraph 2 and also as an Aggrieved Party to a denial of the Building Permit by the Building Inspector. The following members were present and voting: William Sullivan, Vice-chairman, Raymond Vivenzio, John Pallone and Robert Ford. The hearings was advertised in the North Andover Citizen on July 25 and August 1, 1990 and all abutters were notified by regular mail. The peitioners have reached an agreement with the abuttors to sell them the property, so there will not be any construction occurring in the near future. Upon a motion by Raymond Vivenzio and seconded by John Pallone, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. Dated this 15th day of December 1992. BOARD OF APPEALS William Su livan Vice-chairman &A 100 R Yq TO"!11 APRILM a Nt3RT` 1855 pi� -e ► C" q IZ 36 'SZ uhire Oj the Town vv-VV 411 DEC �5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . December. 15, .1992. . . . . . . . Petition No.. . 0.2.9.-92. . . . . . . . . . . . . October 13, 1992 Date of Hearing. November. .1.0, .1992 December 8, 1992 Petition of Daniel. and .Lori.Mr-Gonaghy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected .77. Bear Hill. Road. . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . requesting a Miscellaneous Earth Referring to the above petition Permit. under. . . Section 5.6, Paragraph 2 and also as an Aggrieved Party to a denial of the . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Permit qpy��. . . . by. the.Building.jpsp.e,qtqT, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . . . . . . . . . . W ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Xi . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The petitioners have reached an agreement with the abuttors to sell them the property, so there will not be any construction occurring in the near future. Signed William Sullivan, Vice-chairman . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . Raymond Vivenzio . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert Ford . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals WILLIS and WILLIS ATTORNEYS-AT-LAW 160 PLEASANT STREET NORTH ANDOVER,MASSACHUSETTS 01845 JOHN J. WILLIS TELEPHONE 685-3551 JOHN J. WILLIS, JR. FAX NO. (508) 794-8363 Eirn3--.- 8O.'ARD- December 7, 1992 Board of Appeals Town of North Andover Town Hall North Andover, MA 01845 - Re: Daniel McConaghy and Lori J. McConaghy Lot #77 Bear Hill Road, North Andover, MA Gentlemen: On behalf of my clients, Daniel and Lori J. McConaghy, request is hereby made that the Board allow them to withdraw their application which is currently pending before the Board without prejudice. At this time, they have reached an agreement with the abuttors to sell them the property and so there will not be any construction occuring in the near future, if at all. The time and, effort you have expended in this matter is greatly appreciated by myself and my clients. I want to wish you all the Best of the Holiday Season. Sincerely, 1 ohn Willis, . JJW:C I Tentative Conditions for Lot 77 Bear Hill Road 1. Remove and discard existing hay bales. 2. Remove existing siltation filter fence. Siltation fence may be reused if not damaged. 3. Two (2) rows of double staked hay bales should be installed at perimeter of property, at top of slop in front of house line, and proposed construction road. 4. Install siltation filter fence with sufficient staking on down hill side of all hay bales. 5. Twenty (20) hay bales (properly protected) with a sufficient number of stakes to be on site for emergency erosion control. 6. All erosion controls to be maintained in effective condition during the construction period. 7. No stockpiling of excavated earth will be allowed at any time during the site work or building construction period. 8. An access road from the existing pavement on Bear Hill Road extending approximately 50 feet into the property is to be constructed. The 50 feet of roadway will be covered with a minimum of six inches of crushed stone. Erosion controls will be maintained across the roadway when not in use and in rain or wet conditions. 9. Properly anchored filter fabric or mesh will be placed on exposed slopes at the end of the daily working period. Sodding of exposed slopes will be accomplished immediately/weekly in order to control erosion and stabilization. 10. Felled trees and stumps on property are to be removed from the site within seven days. 11. Retaining wall to be constructed at street line to control front slope from eroding. 12. Tree cutting to be kept at a minimum in order to minimize erosion. 13. All catch basins shall be protected with hay bales to prevent siltation into drain lines throughout construction and site work. 14. Extend proposed concrete retaining wall to existing sidelines. Provide adequate drainage at end(s) of wall to protect abutters below from washouts. Wall to be designed by a Professional Engineer with appropriate discipline. Wall and drainage construction to be approved by the Building Inspector. Lot 77 Bear Hill Road Page 2 15. Planting of 5-6 foot Canadian Hemlock trees four feet on center at top of wall (as per Mass. code) . Shrubs that die within one year will be replaced by applicant. 16. All erosion controls shall be in place on-site and off-site and approved by the Building Inspector prior to any earth removal. 17. Information reports to Building Inspector as to where the fill is going in advance of removal. 18. Daily street cleaning (sweeping) where necessary. Suggested addition(s) to conditions: 1. Inquire how access of equipment for excavation forming of wall and back filling will be accomplished. It may be necessary to create another road in order to construct the upper retaining wall. If this is so, terraced areas may be the only way to maintain the slope. 2. All slopes to have a final grade of 2:1 or less and stabilized with sod. 3. Applicant to post a $50,000 bond for Lot 77 Bear Hill Road with the Town Treasurer for street cleaning and on-site restoration. 4. Prior to a building permit being issued: All site work must be approved by the Building Inspector/Zoning Officer. '.. 11-1L-�G 1 I.Lly unni_._i ni_n-ic= 1 i i i ul DOUGLAS F. DOOLEY 450 Bear Hill Road No. Andover, MA 01845 November 10, 1992 BOARD OF APPEALS Town of North Andover Town Hall North Andover, MA 01845 RE: Lot 77, Bear Hill Road Dear Members of the Board of Appeals: Please ,be advised that I have reviewed the plans for the above named property and they appear to be patisfactory as far as I'm concerned. ? .As a neighbor/abbuttor I have no grievance against them and as long as the building codes and requirements are followed we will be satisfied. Very truly yours, Dan +( BRADFORD ENGINEERING COMPANY,3 WASHINGTON SQUARE,P.O.BOX 1244,HAVERHILL,MASSACHUSETTS 01831, TEL.(508)373-2396 FAX: (508)373-8021 REGISTERED CIVIL ENGINEERS AND LAND SURVEYORS November 5, 1992 Re: Lot 77 Bear Hill Road North Andover, MA Dear Sir: I have reviewed the plan entitled "Site Plan - Lot 77 gear Hill Road in North Andover, Mass" dated 7/21-92 . . . 9/14/92 prepared by Scott Giles, R.L.S. and have preformed a secondary set of cut and fill volume calculations. My calculations are sufficiently close to the numbers shown on the above referenced plan to verify their accuracy (calculated 4536 cu. yds of excavation and 470 cu. yds. of fill vs. 4200 cu yds. of excavation and 450 cu yds. of fill as shown on the plan. I hope the above information is of use to you. Should you have any questions or require any additional information, please do not hesitate to call. Very truly yours, Peter D. Mauritz P. pok Bradford Engineering Company % A& Is Attached: excavation/fill calculations �J, - f' Project LOT T7 8ee�- ���� 20,1� 1.3ot+1� Ani^ Acc.No. Subject CJ7 / f ll Godes Sheet No. of Date W q 19 "M- Comp. ZComp. Pd N1 Check Cont.No. 2 Aroma, 1 Y pian�me�,. moo. o nL x C2.o './f � 8000 44' 4-e'. 3 11Z I n'' ++ (�,ti r.'% 1 Z = L4y 00 {+t Armon, y 32x82 Army. Z.; 0", IM-0 3 3"M,Jrs K; 9.08 "' _(2o`-/a)Z" 4` " c I I = 32G�8 3 8 yR 'nt y(Zo'-/4)Z u yS' Au.t rlt - 6S2o 5,25 Aocy, 411 jai OZ� q,3 55536 +4N X %zn 20,57 `1'3 CAmp, 7- 36,1!o %I x Coy auk c_r a V 699. {3 x �Z? � SO-4 Are;-. 3 4.00 -7 P A--I c,,n ti 30'50+0 R 3 A '/z-) 11.40 4i � AM ti 26Z,-t RZ.4 5�5' Aol vuY = Hlg3Z Pt3 X `/z? f'5 + 8fl`i t I1`'1O y53� yd3 Arc.*_ S r',►t AMC,. 12� ,.,z .: (Zp -/,q Z' 5050 �t1.� %2-, x 2,5'f,'J. X11 y`7o �3 OCT 13 '92 01:58PM AIRFOILS ' T i�'�r , rq i t • i r,w .ew. fir-rV off. i _...., ... .. JCC v &Z6 X4 _ --- ... ._..� ,. ��..,.__...�- - S�• rm. 14 _..� ._..__. NonTlr _ . KAREN H.P.NELSON Town Of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING 'ee' CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT October 13, 1992 Robert Nicetta Building Inspector * Hand Delivered Dear Bob: I am in receipt of a construction sequence and plans for the development of Lot 77 Bear Hill Rd. This item is on the ZBA agenda tonight and attorney Willis has asked for my input in the plans to develop this lot. I have recommended to Attorney Willis that he install certain erosion controls, follow a specific construction sequence and post a bond with the ZBA. He has concurred with all of my recommendations. While I am very concerned about unforeseen complications on building on such steep slopes, it appears as though the proper protective measures will be in place. If the contractor has the skill and equipment necessary to do the work, and the weather cooperates, the work on this lot should be accomplished with minimal off site impacts. Sincerely, Richard Doucette, Conservation Administrator � D 13 -- BOARD OF APPEALS OCT i i' � s1=.La,r, iZ� �:]- 9 j01111411 , DANIEL & LORI MCCONAGHY LOT 77 BEARHILL SITE PROPOSAL AND SCHEDULE I )ESTABLISH A $5,000 CONSTRUCTION 'BOND WTI"J `:t"UNN OF' Nu', '.l'H ANDOVER BEFORE COMMENCEMENT Ola' WORE, L) INSTAL'L EROSION CONTROL TO CONSTRUCTION Aj'`EA, — INST'ALL DOUBLE S'T'AKED HAY BALES" DOIrdNHILL FROM CONSTRUCTION — INSTALL SILTATION F-ILTER FABRIC FENCE PLACED IN FI ON'I' OF ROAD FOR ADDITIONAL ROAD F.i�_u'I'ECTION - INSTALL ADDITIONAL ROW OF -14AV BALES IN r'RON`1' OF rIO%i;;r:, ON EDGE OF PLATEAU ON SITE: THERE WILD. BE A MINIMUM OF 10 LX!.FRA HAY BALES AND SUFFICIENT STAKES FOR STAKING ''THES)E BALt:S_ �T'I�A Hili' BALES WILL; BE USED ONLY FOR :THE' COiuT'Rt)L, O?' 1,91:i.t,twt.:1 ,:.itO �lOIV PROBLEMS, AND WILL, NOT BE FOR THE NORMAL, i.ONTROL. _ar' EROSION. ALL EROSION CON'T'ROL A11111 BE MAINT'ATNEI) IN EFFECTIVE CONDITION THROUGHOUT THE CONSTRUCTION PERIOD. ADDITIONAL EROSION CONTROL WILL. B :CN_STAf_J.EI) '1.)iJRlilff:; '.I'rjr, CON: ' '? 1J{"'i.'ia:)v PERIOD IF' NECESSARY 'OE, REQUIRED. NATURAL VLtf�;'i:1'.i'lOij! GvLLt. LIE KEPT WHERE POSSIBLE. SODDING;, MUL(_HING, AND FINAL GRADING TO BE DONE AS SOON AS POSSIBLE. 3)TORROMEO 'TRUCKING COMPANY HAS BEEN RETAINED TO DO ALL THE NECESSARY SITE WORK, INCLUDINCI THE .INSTALLATION OF LOTH "ATER AND SEWER LINES. STEVE I'ACOSSI WILL BE TORROME.:0 TRUCKING ' COMPANY' S JOB SUPERVISOR AND LEAD EXCAVATOR. BOTH TORROMEO TRUCKING COMPANY AND. S'I'EVE lACOZZI ARE WELL r:NOWN PROFESSIONALLY TO THE TOWN OF NORTH ANDOVEI:. TORROMEO TRUCKING IS COMMITTED TO W0rCr: WITHOUT OTHER JUDE IN`i'ERRUP'TIONS. THEY AGREE TO L :CAVATE :IN PHAfES TO INSURE ALL SLOPES ARE PERMANENTLY STABILIZED. ALL SLOL'E"i! WILL BE PERMANENTLY STABILIZED WITH SOD. TORROMEO TRUCKING COMPANY HAS AT THERE: D'ISPOSAL AIi ENTIRE FLEET OF' HEAVY EQUIPMENT. THEY PLAN TO HAVE ON SITE A 225 CAT WITH A ONE YARD TORROMEO TRUCKING COMPANY"--7 WORT: WILL BE aUI"r:RVl57ED .BY AN ON-SI'N'E CONSTRUCTION S'JFERVI(.-;OR HIRED BY DIU4111L AND LOIN MCCONAGHY TO COORDINATE CONST'RUC'TION AND TO INSURE PERMANENT SLOPE STABILIZATION, 4)THERE WILL BE NO STOCKPILING OF EXCAVATED EARTH. i`H: EXCAVATION SCHEDULE IS DEL IGNED TO Ell.,11171INAIE THE NEEli T'O STOCKPILE EXCAVATED MA'T'ERIAL. THE OVERALL EXCAVATION SCHEDULE OBJECTIVE IS TO START EKCAVATION j7ROM THE HIGHEST POINT AND WORK DOWN TOWARDS THE ROAD. ALL b-JORK WILL BE CONTROI,i:, D AND COMPLETED IN PHASES. ' S)THERE WILL BE A ROAD SITE ACCESS WHICH WILL BE: CLOSET) WITH HAY BALES AND SILTATION FENCEtT'HE MOVEMENT OF HEAVY EQUIPMENT, PARKING OR TRAFFICKING WILL ENTER AND EXI':I' VIA ONE LOCATION, SAID ROAD ACCESS. THE CONSTRUCTION ENTRANCE WILL HAVE A 2" TO 3" LAYER OF STONE, STARTING FROM THE EDGE OF THE PAVEMENT INTO THE LOT APPRO IMA'I'ELY 30 FEET, `1'O SECURE THE ROAD ACCESS. G)EROSION CON'T'ROL MESH WILL BE USED ON OPEN 'LOPES. %::PO:-L:D SLOPES WILL BE TEMPORALLY CON'T'ROLLED WITH A FABR'ICATEn MESH UNTIL THE PERMANENT SLOPE STABILIGATTON SOD '1S APPLIED. 7)FINAL SLOPE GRADES' 2: 1. OR LESS AND COVERED WITH SOD. i EXCAVATION SCHEDULE: AREA 1 LONE 1N TNO PHASES. PHASE I: INSTALL WALL IN AREA 1 WORKDAY 1 . PREPARE AND STONE ROAD S1.TE WORKDAY-2 EXCAVATE TRENCH F'OR WALL, Al' `i°(1f Ur' AREi1 AND REMOVE .ECAVATED MATERIAL. WORKDAY 4 5: CONSTRUCT WALL F'0OTlNG t-ORM-S' ATJL) POUR WORKDAY .0, 7 & 0: REMOVE F'OOTINL I''ORMr.=' AND CONS'l-'RiJCl.-c WALL FORMS. WORKDAY 9 : POUR COfiCRETE WALL. WORKDAY 10 : STRIP WALL FORMS ANIj 'RA(7Kr II.L PHASE II_ FINAL GRADE AREA 1 AND APPLY SOD WORKDAY 11 : E)' CAVATE AREA 1 AND REMOVE Iy-'u"'VA'TED I iV2E P 1 AL. WORKDAY 122 131 PERMANENTLY STABILIZE ATEA 1 .SY APPLYING SUL). PHASE II: GRADE AREA 3 AND DIG FOUNDATION,_ AREA 4 , WORKDAY 14 : EXCAVATE AREA 3 TO LEVEL GRADE AND REMOVE E,>CAVA`.1EIIJ P'!A'I"ERIAL. WORKDAY 15 : EXCAVATE FOR FOUNDATION, AREA 4, . AND REMOVE EXCliVATED MATERIAL. PHASE III : INSTALL FOUNDATION WORKDAY 16: CONSTRUCT FOUNDATION FOOTING FORMS AND POUR CONCRETE. ' WORKDAY ll : REMOVE FOOTING FORMS AND CONSTRUCT WALL 1ORMS, WORKDAY 1S: POUR CONCRETE FOUNDA'I'I ON. .WORKDAY I') - STRIP t3 :STRIP FOUNDATION FORMi". PHASE IV: BACKFILL FOUNDATIONS FINAL GRADE DRIVEWAY _AND SOD AREAS 3, AND 5 WORKDAY LO: BACKFILL FOUNDA'T'ION WITH FILL FROM DRIVLI'4AY AREA. WORKDAY 21 : SOD AREA 3 AND 5. 140RKDAY 2 21 INSTALL DRIVEWAY STONE ASE. t Received by Town Clerk. 1 j TOWN OF NORT)d ANDOVER, MASSACHUSETTS ' BOARD OF APPEALS / 17sz-7aa APPLICATION FOR RELIEF FROM TILE REQUIREMENTS OF THE ZONING ORDINANCE 3 Royal Crest Drive, Apt. #4. j ApplicantDaniel and Lori J. McConaghy Address North Andover, MA 01845 1. Application is hereby made: 4OXXXXXXXXDfKKK&KMX&YQU txM)06,Q:}`iX"YSKxgxux 1144xxxxx xgwwvYxxxx XXXRRgXRl1414(4(Xxxxm(xxxxxxxakrmx%xuxixx Miscellaneous Earth Removal b) For aq[q[i Permit under Section 516paragraph 2 of the Zoning By Laws. -- c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. See attached denial. 2. a) Premises affected are Landand buitding(s) numbered 7. La-22-Bear ll HiRoad----_--*- ' sxXxonc. —_ b) Premises affected are property with frontage on the North ( ) South ( ) Cart ( ) West ( ) side of Street, and known as No. street. c) Pxemises affected are in Zoning District and the premises affected have an area of-46 Leet and front_:rde of %fact. 3. Ownership a) Name and address of owner (if joint ownership, give all names): Same as applicant_ Date of Purchase 6/11/92 Previous owner Columbia Realty Trust b) If applicant is not owner, check Iris/her interest in the premises: Prospective Purchaser Lesee Other (exptnin) 44 Size of proposed building: 82 front;_ 32 'feet deep; " Height 2 1/2 _stories; _feet. a) Approximate date of erection: Fall 1992 b) Occupancy or use of cachfloor:_Residential _ c) Type of construction: Wood frameand brick - _— 5. Size of existing building:___ feet front; Height stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: C111) c) Type of construction; ',1"'• 6. fins there been a previous appeal, unrir:r ronin7, on thc:;r: f�rrnni:;r::? C'n NO if so, when? 4z4i x r'ri rn 4 L0 d'v j:1 7;,' Description of relief soughton !this ,petitionReView of BuildinQ'Inspectorj s denial ' sand issuance of miscellaneous Earth Removal Periait. A.. --- ----- �� E8.f.� Deed recorded in the Registry of Dccds 'in Book 2994 Page 151 �• Land.Court Certificate No. Book Pnge The principal points upon which I base my application are as followss r•' (must be,stated in detail) F4 ki, 'SEE ATTACHED i. 4. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* i • , S gna L Pctitiorler�s • h . ; Every application for action b the Uoard shall be made on a .form approved ; by- the Board. These forms shall be. furnisheJ by the Clerk upon request. ! Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time -as it is .made on the official application Corm. ALL information called -for by the form shall . be furnished by the applicant in the manner t,hcrein::'prescribed. h Every-applica Lion. shall be submitted with a list of "Parties Iii Interest" !which list shall include .the petitioner, abutters, owners of land directly ;opposite on any public or private street or way, and abutters to -the . ;abutters ;within' three hundred feet (300') of the property line of the `pe titioner as they appear •on the mos t . recent applicable tax list, . ' notwithstanding 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. �" 'Every application shall be submitted with an application charge cost in - the amount• of $25.00. In addition, the petitioner shall be responsible `' ' ,,,,•;,' ;for any and all costs involved in bringing the petition before the Board..;.` t°• Such.costs shall include mailing and publication, but are not necessaril -limited to these. P y Every application shall be submitted with a plan of land approved by the Board.- No petition will be brought before the Board unless said plan has ,•., been submitted. Copies of the Board's rcquiremr_nts regarding plans are Attached hereto or are available from the Board of Appeals upon request. 1 LIST OF PARTIES IN INTEREST Use N >4T- �g� ?J (a) The Building Inspector improperly denied a Building Permit based on the fact that in his opinion a miscellaneous earth removal permit would be required. A miscellaneous earth removal permit is permitted as necessary incident to site preparation needed for a permitted building per Section 5.6. The By-law presupposes issuance of a building permit before action under the By-law for an earth removal permit is applied for. (b) In accordance with the attached plans and incidental to improvements to the site involved for the site preparation needed for the building to be erected, it is estimated that approximately 3,800 yards of material will be removed from the site. All removal will be done in conformance with Section 5.7 of the Zoning By-law and permission may be granted without public hearing as provided under Section 5.6, Paragraph 2. TAREN'H.P.NELSON �� s Towu of 120 Main Street, 01845 Di7: NORTH ANDOVER (508)682-6483 BUILDING CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT August 28, 1992 (oil Daniel & Lori McConaghy 3 Royal Crest Dr. , #9 North Andover, MA Re: Lot #77, Bear Hill Road Dear Mr. & Mrs. McConaghy: Section 5, Paragraph 5.6 (2) of the North Andover Zoning By-Law requires approval by the Board of Appeals for the Miscellaneous Removal of Earth over five thousand (5,000) cubic yards. I believe, after viewing the site and reviewing the site plan, that amount or more will be removed. The site plan submitted does not estimate the number of yards to be removed and/or used on site. Also, the site plan does not show how the new slope line will be stabilized and restored (Paragraph 5.8) to prevent excessive erosion while the structure is under and after . construction. At the site meeting Thursday, August 27th, your Contractor indicated that he had no knowledge of the amount of earth to be removed nor what would be, done to stabilize the slopes during construction. Therefore, the Application for a Building Permit for Lot #77, Bear- Hill Road is denied. You have the right to grieve this decision to the Zoning Board of Appeals. Very truly yours, D. Robert Nicetta, Building Inspector DRN:gb c/K. Nelson, Dir. CERTIFIED MAIL, RETURN RECEIPT REQUESTED GIVEN IN HAND T0 : D niel Mc un Sn . Date: Received by Town Clerk: t j TOWN OF NORTH ANDOVER, MASSACHUSETTS S BOARD OF APPEALS 97S`� Tri APPLICATION FOR RELIEF FROM Tj1E REQUIREMENTS OF THE ZONING ORDINANCE 3 Royal Crest Drive, Apt. #4. ApplicantDaniel and Lori J. McConaghy Address North Andover, MA 01845 1.. Application is hereby made: v- 4OXXXXXXXXIlK.K&)kMY")MMMequUXUXKXXUXX14XXXXXXU,VWXXXX i XXXxx4xxxgkc;%XX7efxxtxxxq%kmxmm)pxx Miscellaneous Earth Removal b) For 4 permit under Section 516paragraph 2 of the Zoning By Laws. -- -- c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. See attached denial. 2. a) Premises affected are land_ and building(s) numbered -- b) Premises affected are {property with frontage on the North ( ) South ( ) East ( ) west ( ) si)r1c of -------------------tree-- Street, and known as No. Street. e) Pxemises affected are in Zoning D,i,trict and the premises affected have an arca o[ 46�287-square feet and frontrrle of \feet. — 3. Ownership a) Name and address of owner (if joint ownership, give all n6mcs): Same as applicant_ Date of Purchase 6/11/92 Previous owner Columbia Realty Trust b) If applicant is not owner, check his/her interest in the premises: --Prospective Purchaser --Lesce Other (explain) 4,r Size of proposed building: 82 front; 32 feet deep; " Height 2 1/2 _stories; _feet. a) Approximate date of erection: Fall 1992 b) Occupancy or use of cath floor: Residential c) Type of construction: Wood frame and brick " S. Size of existing building:–__ feet front;_---feet dcep; Height stories; Leet. a) Approximate date of erection: b) Occupancy or use of each floor:----_---_ r*- a) Type of construction: • � r� To G. lias there been a previous appeal, under zoning, on these premise:? No If so, whcn7 DO N 7;,- Description of relief sought'on this pe ti tionRebiew of Building-InsDectar,ys denial ' o6nd issuance of miscellaneous Earth Removal Perfrit. . �I 8. .tDead recordedA n the Registry of Deeds in Book {2994 Page 151 Land.Court certificate No. Book Page SThe principal points upon which I base my application are as follows: :,I " (must be,stated in detail) g!: ' SEE ATTACHED I agree to pay the filing fee, advertising in newspaper, and incidental expense(s,�, i Signa L Petitetit>- s i Every application for' action b the Board sls�ll be lade on a form approved , by- the Board. These forms shall be furnished by the Clerk upon request. �,• Any communication purporting to be an application shall be treated as mere ' 'notice of intention to seek relief until such time -as it is made on the ' official application form. AL1 information called -for by the form shall be furnished by the applicant. in the manner t,herein:,:prescribed. ..,.Everyapplication shall be submitted with a list of "Parties In Interest" • ;which list shall include .the petitioner, abutters, owners of land directly !opposite on any public or private street or way, and abutters to -the . abutters ,wi thin' three hundred feet (300' ) of the property line of the `petiti•oner as they, appear• on the most recent applicable tax list, .!notwithstanding that the land of any such owner is located in another city..'.".':i or town, the Planning Board of the city or town,, and the Planning Board of • :every abutting city or town. ''Every application shall be submitted with an application charge cost in ;. 1r :the amount- of $25.00. In addition, the petitioner shall be responsible ., ,�.•' :for any and all costs involved in bringing the petition before the Board.-' "!P Such,costs shall include mailing and publication, but are not necessarily.--..1,,., limited to these. ) Every application shall be submitted with a plan of land approved by the Board.- No petition will be brought before the Board unless said Plan has :'•'� been submitted. Copies of the Doard's rcquiremr_nts regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OF PAIlTICS IN INTERe!;•r i Use Aj r �a�e i (a) The Building Inspector improperly denied a Building Permit based on the fact that in his opinion a miscellaneous earth removal permit would be required. A miscellaneous earth removal permit is permitted as necessary incident to site preparation needed for a permitted building per Section 5.6. The By-law presupposes issuance of a building permit before action under the By-law for an earth removal permit is applied for. (b) In accordance with the attached plans and incidental to improvements to the site involved for the site preparation needed for the building to be erected, it is estimated that approximately 3,800 yards of material will be removed from the site. All removal will be done in conformance with Section 5.7 of the Zoning By-law and permission may be granted without public hearing as provided under Section 5.6, Paragraph 2. I KAREN H.P.NELSON STown of 120 Main Street, 01845 Directo. NORTH ANDOVER. -(508)682.6483 ` •�, .�: .. BUILDING CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT August 28, 1992 0 O Daniel & Lori McConaghy .3 Royal Crest Dr. , #9 North Andover, MA Re: Lot #77, Bear Hill Road Dear Mr. & Mrs. McConaghy: Section 5, Paragraph 5.6 (2) of the North Andover Zoning By-Law requires approval by the Board of Appeals for the Miscellaneous Removal of Earth over five thousand (5,000) cubic yards. I believe, after viewing the site and reviewing the site plan, that amount or more will be removed. The site plan submitted does not estimate the number of yards to be removed and/or used on site. Also, the site plan does not show how the new slope line will be stabilized and restored (Paragraph 5.8) to prevent excessive erosion while the structure is under and after construction. At the site meeting Thursday, August 27th, your Contractor, indicated that he had .no knowledge of the amount of earth to be removed nor what would be done to stabilize the slopes during construction. Therefore, the Application for a Building Permit for Lot #77, Bear- Hill Road is denied. You have the right to grieve this decision to the Zoning Board of Appeals. Very truly yours, D. Robert Nicetta, Building Inspector DRN:gb c/K. Nelson Dir. CERTIFIED MAIL, RETURN RECEIPT REQUESTED GIVEN IN HAND TO : . D n.iet Mc n Sit . Date: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY,. MAP IPARCEL I LOT INAME JADDRESS 64 99 77 ImcConaghy, Daniel and Lori J. 13 Roy al Crest Drive, Apt. #4 ABUTTERS MAP PARCEL LOT NAME ADDRESS 64 110 49 Lazzarino Frank J. & Carolyn 477 Bear Hill Road 64 111 48A Sciarapa, Angelo R. & Jean M: 457 Bear Hi11:Road 64 .100 76A Dooley, Douglas F. 450 Bear Hill Road 64�i 101 75A Doolev, Gail H 450 Bear Hill Road 102 74A DiBitetto Christina 840 64 98 50 Piantidosi Joanne 270 Union St. , Lygn, MA 01901 64 97 51, ,. a• Received by Town Clerk: i - j TOWN OF NORTH ANDOVER, MASSACHUSETTS S BOARD OF APPEALS 97S---7a21L j APPLICATION FOR RELIEF FROM 'rl1E REQUIREMENTS OF THE ZONING ORDINANCE 3 Royal Crest Drive, Apt. A, 1 ApplicantDaniel and Lori J. McConaghy nddress North Andover, MA 01845 1. Application is hereby made: x� xx �( �xxxx�� x�xxxxxxxxx�,xxxxX XXXRRXX xX%X3 x) €X fi X& DI X4 lyoox Miscellaneous Earth Removal b) For a� Permit under Section Paragraph 2 of the Zoning By Laws. - -- C) As a Party Aggrieved, for review of a decision made by the ' Building Inspector or other authority. See attached denial. 2. a) Premises affected are land_ and buiLding(s) numbered 1 , LQt�7_Bear ,11 Road fX ---- ----191xX% . -- b) Premises affected arc Property with frontage on the North ( ) South ( ) cast ( ) West ( ) side of ----------tree-- Street, and known as No. ------- Street. C) Premises affected are in Zoning District _, and the premises affected have an area o[-L6-,287-square feet and frontage of feet. 3. ownership a) Name and address of owner (if joint ownership, give alL names): Same as applicant Date of Purchase 6/11/92 Previous Owner Columbia Realty Trust b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser ---Lcsce Other (explain) 44 Size of proposed building: 82 front; 32 feet deep; ° Height 2 1/2 -stories; _feet. a) Approximate date of erection: Fall 1992 b) Occupancy or use of each floor: Residential C) Type of construction: Wood frame and brick 5. Size of existing building:-----feet front;— -feot deep: Height stories; feet. a) Approximate date of erection: ------------- b) Occupancy or use of each floor: C ext C) Type of construction: 6. Has there been a previour, appeal, under zoning, on the,e premi::en? No If so, ..'�t: .. 4 ' ' � 7,' Description of relief sought petitionR6�iew of Building Insvedto ,`s denial ;,. lr) Wand issuance of miscellaneous Earth Removal Perhirit. 4 13.•... Deed recorded in the Registry of Deeds in Book 'Z994 Page 151 :! Land.Court Certificate No. Book Page The principal points upon which I base,my application are as follows: (must be,statcd in detail) 'SEE ATTACHED :"I agree to pay the filing fee, advertising in newspaper, and incidental expenses' , Sgn7bV i Petitio ei(s yEvery application for• actionthe, Board shall be made on a form approved by the hoard. These forms shall be furnisher) by the Clerk upon request. jAny communication purporting to be an application shall be treated as mere ' ' notice of intention to seek relief until such. time -as it is ,made on the official application form. All information 'called•for by the form shall . be furnished by the applicant in the manner't,herein:,:prescribed. 1 ,Every-application shall be uubmitted with a list of "Parties In Interest" . ;which list shall include .the petitioner, abutters, owners of lnr,d directly ;opposite on any public or private street or way, and abutters to the . ,abutters ;within' three hundred feet (300' ) of the property line of the pe titi'oner as they appear . on the most recent applicable tax list, " .!notwithstanding 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. '*Every application shall be submitted with an application charge cost in -; the amount of $25.00. In additioli, the petitioner shall be responsible `'� ,•.,' :for any and all costs involved in bringing the petition before the board.;-:.' '.'•.I_ 7-•'" Such,costs shall include .nailing and publication, but are not necessarily..`;:'." limited to these. Every application shall be submitted with a plan of land approved by the ^•.'il�:� Board. No petition will be brought before the board uulcss said plan has '•°� been submitted. Copies of the Board's requirements regarding plans arc attached hereto or are available from the Board of Appeals upon request. LISP OF PAIMUS IN ItITERes-r • .,. .. • Use N�� r ��� � (a) The Building Inspector improperly denied a Building Permit based on the fact that in his opinion a miscellaneous earth removal permit would be required. A miscellaneous earth removal permit is permitted as necessary incident to site preparation needed for a permitted building per Section 5.6. The By-law presupposes issuance of a building permit before action under the By-law for an earth removal permit is applied for. (b) In accordance with the attached plans and incidental to improvements to the site involved for the site preparation needed for the building to be erected, it is estimated that approximately 31800 yards of material will be removed from the site. All removal will be done in conformance with Section 5.7 of the Zoning By-law and permission may be granted without public hearing as provided under Section 5.6, Paragraph 2. KAREN H.P.NELSON L Town Of 120 Main Street, 01845 °ira-W' NORTH ANDOVVR (5os>ss2-6483 BUILDING t,• +,e ` CONSERVATION DMSION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT August 28, 1992 (oil Daniel & Lori McConaghy . 3 Royal Crest Dr. , #9 North Andover, MA Re: Lot #77, Bear; Hill_, Road Dear Mr. & Mrs. McConaghy: Section 5, Paragraph 5.6 (2) of the North Andover Zoning By-Law requires approval by the Board of Appeals for the Miscellaneous Removal of Earth over five thousand (5,000) cubic yards. I believe, after viewing the site and reviewing the site plan, that amount or more will be,' removed. The site plan submitted does not estimate the number of yards to be removed and/or used on site. Also, the site plan does not show how the new slope line will be stabilized and restored (Paragraph 5.8) to prevent excessive erosion while the structure is under and after . construction. At the site meeting Thursday, August 27th, your Contractor indicated that he had no knowledge of the amount of earth to be removed nor what would be done to stabilize the slopes during construction. Therefore, the Application for a Building Permit for Lot #77, Bear- Hill Road is denied. You have the right to grieve this decision to the Zoning Board of Appeals. Very truly yours, D. Robert Nicetta, ' Building Inspector DRN:gb c/K. Nelson, Dir. CERTIFIED MAIL, RETURN RECEIPT REQUESTED GIVEN IN HAND TO : D nie t Mc Date: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL I LOT INAME IADDRESS 64 99 1 77 IMcConaghy, Daniel and Lori J. 3 Ro al Crest Drive Apt. #4 ABUTTERS MAP PARCEL LOT NAME ADDRESS 64 110 49 Lazzarino Frank J. & Carolyn . 477 Bear Hill Road 64 111 48A Sciarapa, Angelo R. & Jean M. 457 Bear Hill:Road 64 100 76A Dooley, Douglas F. 450 Bear Hill Road 64�. 101 75A Dooley, Gail H. 450 Bear Hill Road 64 2 74A DiBitetto Christina 840 64 98 50 Piantidosi Joanne 270 Union St. , Lynn, 64 51, r Received by Town CLerk: i U0FViEn D A H I F L Lit' j TC) Y, MOWN!` NORTH ANDOVER, MASSACHUSETTS f - NORTiA' 000 BOARD OF APPEALS7S--7 y� APP LIQj�T iG] tt .FOR' LLF I"Rom riiE REQUIREMENTS OF THE ZONING ORDINANCE `JJ 3 Royal Crest Drive, Apt. #4, i Applican Oaniel and Lori J. McConaghy Address North Andover, MA 01845 1. Application is hereby made: 40xlxxKxxxxxKYR(XDMX X-Xmawuyxxxxxxx xxsxxxxxx a4,�y ,Xxxxx XXXRNAXXX4 X9(XXXXNxXXRXKi%%K[Nx=U)PNX Miscellaneous Earth Removal b) For a� gi7{ Permit under Section S16Paragraph 2 of the Zoning By Laws. -- -- C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. See attached denial. 2. a) Premises affected arc Land_ and building(s) numbered' -- . b) Premises affected are Property with frontage on the North ( ) South ( ) Last ( ) West ( ) side oE ______ Street, and known as No. — Strect c) Premises affected are in Zoning Dintrict and the premises affected have an 'area of 46,287 square Leet and front:irlc of feet-. 3. Ownership a) Name and address of owner (if joint ownership, give all names): Same asjap2jicant Date of Purchase 6/11/92 Previous Owner Columbia Realty Trust b) If applicant is not owner, check Iris/her interest in the premises: --Prospective Purchaser ---Lesee Other (explain) 4.; Size of proposed building: 1 82 front;— 32 feet deep; " Height 2 1/2 _stories; _feet. a) Approximate date of erection: Fall 1992 b) Occupancy or- use of each floor: Residential c) Type of construction: Wood frame and brick 5. Size of existing building:_—_-- feet front;_—_–£cr:t (](!ep; Height stories; feet. a) Approximate date of erection: ------------- b) Occupancy or use of each floor: c) Type of construction G. Has there been a previou^ appeal, and or zoning, on thence preminen? No If so, whcn7 7;,' Description of relief sought lw on this petitionR6�iof Building'In SD (ft' s denial i'• i.l hand issuance of miscellaneous Earth Removal Pert. 8. ., Deed recorded in the Registry of Deeds in Book 12994 Page 151 Land.Court Certificate No. Book Page The principal points upon which I base.my application are as followss " (must be,•stated in detail) g,`; ' ,SEE ATTACHED r •:,'I agree to pay the filing fee, advertising in newspaper, and incidental expenses" Signa Petltio�er�s ;• ; Every application for' action b 7the Board shall be made on a form approved by- the Board. These forms shall be furnishes) by the Clerk upon request. ; Any communication purporting to be an application shall be treated as mere " notice of intention to seek relief until such time -as it is .made on the . official application form. All information called -for by the form shall be furnished by the applicant in the manner t,l►erein,:prescribed. .,Every-application shall be submitted with a list of "Parties In Interest" . ;which list shall include .the petitioner, abutters, owners of lnrnd directly ;opposite on any public or private street or way, and abutters to .the . abutteis ,-within' three hundred feet (300') .of the property line of the petitioner as they, appear , on the most recent applicable tax list, !notwithstanding that the land of any such owner is located in another city..'.:•';;: or town, the Planning Board of tlse city or town,, and the Planning Board ofa ;every. abutting city or town. :�' #Every application shall be submitted with an application charge cost in ;. :the amount- of $25.00. In addition, the petitioner shall be responsible `; -for any and all costs involved in bringing the petition before the Board. rte'` Such costs shall include mailing and publication, but are not necessarily, '`:;: -limited to these. Every application shall be submitted with a plan of land approved by the Board., No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached'hereto or are available from the Board of Appeals upon request. I LIST OF PARTIES IN IN•rEiies,r Use e • I (a) The Building Inspector improperly denied a Building Permit based on the fact that in his opinion a miscellaneous earth removal permit would be required. A miscellaneous earth removal permit is permitted as necessary incident to site preparation needed for a permitted building per Section 5.6. The By-law presupposes issuance of a building permit before action under the By-law for an earth removal permit is applied for. (b) In accordance with the attached plans and incidental to improvements to the site involved for the site preparation needed for the building to be erected, it is estimated that approximately 3,800 yards of material will be removed from the site. All removal will be done in conformance with Section 5.7 of the Zoning By-law and permission may be granted without public hearing as provided under Section 5.6, Paragraph 2. KAREN H.P.NELSON s Town of 120 Main Street, 01845 Dhecto. • � • NTH ANDOVER (508) 682.6483 � .y. OR BUILDING �'•:;�;�,.�� ` DMSION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT August 28, 1992 (oil Daniel & Lori McConaghy . 3 Royal Crest Dr. , #9 North Andover, MA Re: Lot #77,_ Bear. Hill Road Dear Mr. & Mrs. McConaghy: Section 5, Paragraph 5.6 (2) of the North Andover Zoning By-Law requires approval by the Board of Appeals for the Miscellaneous Removal of Earth over five thousand (5,000) cubic yards. I believe, after viewing the site and reviewing the site plan, that amount or more will be removed. The site plan submitted does not estimate the number of yards to be removed and/or used on site. Also, the site plan does not show how the new slope line will be stabilized and restored (Paragraph 5.8) to' prevent excessive erosion while the structure is under and after - construction. At the site meeting Thursday, August 27th, your Contractor indicated that he had no knowledge of the amount of earth to be removed nor what would be done to stabilize the slopes during construction. Therefore, the Application for a Building Permit for Lot #77, Bear� Hill Road is denied. . i You have the right to grieve this decision to the Zoning Board of Appeals. Very truly yours, D. Robert Nicetta, Building Inspector DRN:gb c/K. Nelson, Dir. i CERTIFIED MAIL, RETURN RECEIPT REQUESTED "niet/Mcn GIVEN IN NAND TOS4 . Date: i LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL I LOT INAME ADDRESS 64 99 77 McConaghy, Daniel and Lori J. 13 Royal Crest.Drive A t #4 ABUTTERS MAP PARCEL LOT NAME ADDRESS 64 110 49 Lazzarino Frank J. & Carolyn- 477 Bear Hill Road 64 111 48A Sciarapa, Angelo R. & Jean M. 457 Bear Hi11 .Road 64 100 76A Dooley, Douglas F. 450 Bear Hill Road 64 101 75A Doolev, Gail H. 450 Bear Hill Road 64 2 74A DiBitetto Christina 840 64 98 50 Piantidosi Joanne 270 Union St. . Lynn. MA 0190 64 97 51, Oldham. •_ d y Received by Town Clerk: 1 DANIEL LU"XG i:U RK j TOWN OF NORTH ANDOVER, MASSACHUSETTSNTOWN NORTH A,"''',QYER S - BOARD OF APPEALS -((++�d!a((``1� /; Q }? APPLICATION FOR RELIEF FROM TILE REQUIREMENTS PF THE ZONING Q[R�t�(IITII A 32 I H 92 3 Royal Crest Drive, Apt. #4, I ApplicantDaniel and Lori J. McConaghy--Address North Andover, MA 01845 1. Application is hereby made: AXINNKXKXXKKK&ikmx&KM)ixxxvowkwaxKYXYAXUYIXIXKXXXXXU&Wxxxxx ( XXXRX'RXR�(4(X�XX��F�X;�1��XJ��X�(►XXX44X�Xc+:�rX Miscellaneous Earth Removal b) For 4 Permit under Section 516Paragraph 2 of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. See attached denial. 2. a) Premises affected are land_ and building(s) numbered -- b) Premises affected are property with frontage on the North ( ) South ( ) Last ( ) West ( ► side of Street, and known as No. Street. c) Pxemises affected are in Zoning District _, and the premises affected have an arca of 46�287_square feet ane] Crontarle of IfeeL. — 3. Ownership a) Name and address of owner (if joint ownership, give all names): Same as applicant_ ---------------------- ------------- Date of Purchase 6/11/92 Previous owner Columbia Realty Trust b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4.1 Size of proposed building: 82 front;_ 32 feet deep; " Height 2 1/2 _stories; _feet. a) Approximate date of erection: Fall 1992 b) Occupancy or use of each floor: Residential C) Type of construction: Wood frame and brick S. Size of existing buildinr3:-- feet front;----Cent deep; Height stories; feet. a) Approximate date of .crection: ------------- b) Occupancy or use of each floor: c) Type of construction: G. Has there been a previous appeal, undr-r zoning, on thc:;n prcmi ne n? NO If so, when? 41 ,? 7 o Description of relief sought on this petitionRebiew of Building•'InsDectO.0 s denial and issuance of miscellaneous Earth Removal Periait. 8..,. Dead recorded in the Registry of Deeds in hook '2994 Page 151 :. Land.Court Certificate No. Book Page --_ The principal points upon which I base.my application are as follows: (must be.stated in detail) _ ,:• 'SEE ATTACHED I agree to pay the filing fee, advertising in. newspaper, and incidental expenses* S gnat f Pethio ergs Every application for action by the Board shall be made on a form approved ; by- the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere ' ; notice of intention to seek relief until such time-as it is .made on the •_' officiaL application form. ALL information called -for by the form shall ' be furnished by the applicant in the manner trherein%:prescribed. � - PP Y Evcr a licationh sall be submitted with a list of "Parties In Interest :which list shall include .the peL•itioner, abutters, owners of Land directly ;opposite on any public or private street or way, and abutters to -tile . .;abutters ;within' three hundred feet (300' ) of the property line of the 'petitioner as they appear • on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in :the amount- of $2.5.00. In addition, the petitioner shall be responsible `:. ;. *. :for any and all costs involved in bringing the petition before the Board..:•' Such,costs shall include mailing and publication, but are not necessarily• ted to these. ) Every application shall be submitted with a plan of land approved by the Board.- No petition will be brought before the Board unless said Plan has , been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. j LIST OF PARTIES IN INTEREST 5 Use NCxT �qe ,1 (a) The Building Inspector improperly denied a Building Permit based on the fact that in his opinion a miscellaneous earth removal permit would be required. A miscellaneous earth removal permit is permitted as necessary incident to site preparation needed for a permitted building per Section 5.6. The By-law presupposes issuance of a building permit before action under the By-law for an earth removal permit is applied for. (b) In accordance with the attached plans and incidental to improvements to the site involved for the site preparation needed for the building to be erected, it is estimated that approximately 3,800 yards of material will be removed from the site. All removal will be done in conformance with Section 5.7 of the Zoning By-law and permission may be granted without public hearing as provided under Section 5. 6, Paragraph 2. d.STM y KAREN H.P.NELSON , S Town Of 120 Main Street, 01845 D"m-'°' NORTH ANDOVER (508) 682-6483 BUILDING ��:;�;;;.�`� ` nMsroN of CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT August 28 , 1992 (oil Daniel & Lori McConaghy 3 Royal Crest Dr. , #9 North Andover, MA Re: Lot #77, Bear Hill Road Dear Mr. & Mrs. McConaghy: Section 5, Paragraph 5.6 (2) of the North Andover Zoning By-Law requires approval by the Board of Appeals for the Miscellaneous Removal of Earth over five thousand (5,000) cubic yards. I believe, after viewing the site and reviewing the site plan, that amount or more will be removed. The site plan submitted does not estimate the number of yards to be removed and/or used on site. Also, the site plan does not show how the new slope line will be stabilized and restored (Paragraph 5.8) to prevent excessive erosion while the structure is under and after construction. At the site meeting Thursday, August 27th, your Contractor indicated that he had no knowledge of the amount of earth to be removed nor what would be done to stabilize the slopes during construction. Therefore, the Application for a Building Permit for Lot #77 , Bear- Hill Road, is denied. You have the right to grieve this decision to the Zoning Board of Appeals. Very truly yours, D. Robert Nicetta, Building Inspector DRN:gb c/K. Nelson, Dir. CERTIFIED MAIL, RETURN RECEIPT REQUESTED Q �� GIVEN IN HAND TO : . < D nieMc an Sn . Date: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL ILOT INAME JADDRESS 64 99 1 77 IMcConaghy, Daniel and Lori J. 13 Royal Crest Drive, Apt. #4 ABUTTERS MAP IPARCEL LOT NAME ADDRESS 64 110 49 Lazzarino Frank J. & Carolyn 477 Bear Hill Road 64 111 48A Sciarapa, Angelo R. & Jean M.:.. 457 Bear Hill:.Road 64 100 76A Dooley, Douglas F. 450 Bear Hill Road 64 101 75A Dooley, Gail H. 450 Bear Hill Road 64 102 74A DiBitetto Christina 840 64 98 50 Piantidosi Joanne 270 Union St L:,nn MA 019 64 97 51 Oldham, George T. & Lorraine E. 56 Rear Hill Road LIST OF PARTIES OF INTEREST SUBJECT PROPERTY'S MAP PARCEL ILOT INAME JADDRESS 64 991 77 IMcConaghy, Daniel and Lori J. PRoyal Crest Drive, Apt. #4 ABUTTERS MAP IPARCEL LOT NAME ADDRESS 64 110 49 Lazzarino Frank J. & Carolyn 477 Bear Hill Road 64 111 48A Sciarapa, Angelo R. & Jean M. 457 Bear Hill.Road 64 100 76A Dooley, Douglas F. 450 Bear Hill Road 64� 101 75A Dooley, Gail H 450 Bear Hill Road 2 74A DiBitetto Christina 840 64 98 50 Piantidosi Joanne 270 Union St. . L : MA 01901 64 97 51, Oldham, George T- & Lorrginp E. 56--Bpar Hill Rand eve",,� ✓, 20 LIST OF PARTIES OF INTEREST SUBJECT PROPERTY a MAP IPARCEL JLOTN�AME ADDRESS 64 99 1 77 IMcConaghy, Daniel and Lori J. Royal Crest Drive, Apt. #4 ABUTTERS MAP PARCEL LOT NAME ADDRESS 64 110 49 Lazzarino Frank J. & Carolyn 477 Bear Hill Road 64 111 48A Sciarapa, Angelo R. & Jean M. 457 Bear Hill,Road 64 100 76A Dooley, Douglas F. 450 Bear Hill Road 64_: 101 75A Dooley, Gail H 450 Bear Hill Road —74 74A DiBitetto Christina 840 64. 98 50 Piantidosi Joanne 270 Union SL. , LymnMA 0190 64 97 51, Oldham, George T. & Lorraine F-5.6 Bf--.qr Hill Rnqd NORTh 01 ,.•• 3+ � � • OC • N � . • i ,t • ,'r?1CMUl�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Daniel & Lori McConaghy 3 Royal Crest Drive .North Andover, MA 01845 Date: September 25, 1992 Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $ 2.03 for the following: Filing Fee $ Postage $ 2.03 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 t1ain Street , North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS b Linda Dufresne, Clerk � �� �� �� �� � �� ���� K 1 k C h i i r E t e • ` r t #2421- Lot 1 Forest St: Extensi; significant to the interests of above. These resource 'areas are recreational and wildlife intere: has not attempted to overcome the these resource areas to the ideni 10. The NACC agrees with the app; wetland resource areas on the sit 11. Issuance of these Conditions. certify that the site or downstrc flooding or storm damage. 12. The conditions of this decisi binding upon, the applicant, ownE successors and assigns in intere 13. The NACC finds that the inter buffer zone proposed on this site sewer line will cause further ali areas. In order to prevent any areas beyond those proposed in t} herein, a twenty-five (25) foot (50) foot no-construction zone s', of the adjacent wetlands. No di: soils or vegetation_iG--r