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HomeMy WebLinkAboutMiscellaneous - 562 BOXFORD STREET 4/30/2018 r Bk 14145 Pg202 #4506 Town of North Andover ZONING BOARD OF APPEALSAllmd RECEIVED Elm?. �IORTr, �T�Je:^'..(•1..'RWS OFFICE oma"••. o RWAW J.Bpess,Esq ClmE �� •.+. °� D Pod Kea ja 2015 JAN 26 AN 9:04 TDWN O 1 onLnd&P. NORTH ANDOVER Dmqldoq�wt MASSACHUSETTS T0MC1e&TAW 5MWP This is to certify that twenty(24))days have elapsed from date of dedsbp,MW Anyappeal shall be filed within(20) Notice of Decision without filing of an I days after the date of Paling of osis Year 2014 doyoa� ,Brgdshaw notice m the office of the Town Clezk, Tom oft Mass.Gen L.ch.40k§17 KT2ffk at so Bo:rord Servet(Ma 105 C Parcels 043 022& mth Acdavw MA 01845 NAME:Charlotte L.Hopping and Joyce Bradshaw MARiriG(S): 9 Dec 2014,13 Tan 2015 offlse Gorron Trost ADDRESS: 562 Bodkd StrwtUA*105.0,Parcels PEMON. 2014-009 003 and 022 NorthAadover MA 01845 The North Andover Board of Appeals held a public hearing at The Town Hall,at 120 Main Street,North Andover,MA on Thesday,January 13,2015 at 730 PM on the application of Charlotte L.Plopping and Joyce Bradshaw(Trustee of the Groton Family Trust),for property located at 562 Rexford Street(Map 105.0,Parcel 003 and 022),North Andover,MA 01845. no Petitioners ate requesting dimensional variances for 562 Rexford Street to allow for a lot line adjustment between property depicted as Assessor's Map 105.0,Parcel 0003 with the adjacent property depicted as Assessor's Map 105.C, Panel 0022.A Variance..is requested for minimum lot area pursuant to Section 7.1 and Table 2 of the Zoning Bylaw(Dimensional Requirements for Lot Area).A Variance is also requested for minimum contiguous buildable area pursuant to Section 7.1.1 of the Zoning Bylaw.in the R4 Zoning District. Legal notices were sant to all the certified abutters provided by the Town of North Andover,Assessors Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on November 25th and December 2"2014 The following regular voting members were present,Albert P.Manu ltd Ellen P.Mclntyre,Paul Koch and Allan Cascia also associate member,Doug Ludgun and Deney Morganthal. McIntyre made a motion to Grant Variances under Section 7.1 and Table 2 of me Zoning Bylaw in the R-1 Zoning District for dimensional variances for 562 Boxford Street to allow for a lot line adjustment between property depicted as Assessor's Map 105.0,Parcel 0003 with the adjacent property depicted as Assessor's Map 105.0,Parcel 0022. The exiting lot is 50,861 square feet;proposed lot is 59,652 square feet;relief is 27,468 square feet. Also a Variance for minimum contigtwus buildable area pursuant under Section 7.1.1 of the Zoning Bylaw in the R-1 Zoning District was granted.The lot area configuration will also increase the contiguous buildable area of 9ne proposed lot to a 5561*increase(a 75%increase is required),the diffencaee is 20'/0. Koch second the motion to grant the Variances All those in favor of tine Variances were Menti,Mclntyre,Cuseia,Koch and Ludgin, 5-0 all in favor Variances Granted. The Board finds diet owing to circurestertm relating to soU conditions,shape,or topography of the land or 1;d==iftUy ffecting such land or structures but not affecting generally tunezoning districtin g��t alt ofthe provisions ofthe Bylaw will involve substantial hardship,financial Town Clerk Page 1 of 2+ Bk- 141.45 Ps201 44506 03--03-2015 a 12 2 37P Space above this line is for.Reghuy use only ICORI IN ESSEX DISTII&REGWRY OF DEEDS K AWS A division of the Secretaryy ofthe Commonwealth DO,CUMENT COVER SHEET For use with documents that da not meetDocumimtformaWng standards This is the firstpage ofthe document-Do nof"ove PPJN-T ORTYPE DO€UMENT.TYPE: NUMBER OF PAGES(indu&ng cover-sheet)___�__ -TOWN: i PROPERTY ADDRESS- itoExim SI .L BE ABsTRAcro FROM THE DOC, SUBM 1"�°ED. . e • Bk 14145 Pg203 X4506 I art�i� � �e8umdtb� >eim�lte �atd i d4'��Pg�damlu � fiaat8mia 4MfftpUqMCfV*bykw- nlqbazwdlbvthidk&erpe&sftimMw Bond*afskMad sbtf >t+ € be tut s t daft mid k*SS eU w*a med&d �Iat� �Ehtr�L �e� :ad0attetalpmpttseaetdito6�a�f8ms ,-, 5C Bid ftgd@hp 105A Pkvo&on sad 024 No &Andavw. 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U�j 1% Michael P.Liporto 4T..• 11 Doug Ludgin S �4 OR T H A Deney Morganthal M A S S, "'HU"-- Town Clerk Trine Stamp Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2014 notice in the office of the Town Clerk, er Mass.Gen.L.ch.40A,§17 Property at:562 Boxford Street(Map 105.0 Parcels 003 022&),North Andover,MA 01845 NAME:Charlotte L.Hopping and Joyce Bradshaw HEARING(S): 9Dec 2Ol4, 13Jan 2Ol5 (Trustee of the Gorton Family Trust) ADDRESS: 562 Boxford Street(Map 105.C,Parcels PETITION: 2014-009 003 and 022),North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at The Town Hall, at 120 Main Street North Andover, MA on Tuesday, January 13, 2015 at 7:30 PM on the application of Charlotte L. Hopping and Joyce Bradshaw(Trustee of the Groton Family Trust),for property located at 562 Boxford Street(Map 105.C,Parcel 003 and 022),North Andover,MA 01845. The Petitioners are requesting dimensional variances for 562 Boxford Street to allow for a lot line adjustment between property depicted as Assessor's Map 105.C, Parcel 0003 with the adjacent property depicted as Assessor's Map 105.C, Parcel 0022. A Variance is requested for minimum lot area pursuant to Section 7.1 and Table 2 of the Zoning Bylaw (Dimensional Requirements for Lot Area). A Variance is also requested for minimum contiguous buildable area pursuant to Section 7.1.1 of the Zoning Bylaw in the R-1 Zoning District. Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on November 25th and December 2nd 2014 The following regular voting members were present,Albert P.Manzi III,Ellen P.McIntyre,Paul Koch and Allan Cuscia also associate member,Doug Ludgin and Deney Morganthal. McIntyre made a motion to Grant Variances under Section 7.1 and Table 2 of the Zoning Bylaw in the R-I Zoning District for dimensional variances for 562 Boxford Street to allow for a lot line adjustment between property depicted as Assessor's Map 105.C, Parcel 0003 with the adjacent property depicted as Assessor's Map 105.C,Parcel 0022. The exiting lot is 50,861 square feet; proposed lot is 59,652 square feet,relief is 27,468 square feet. Also a Variance for minimum contiguous buildable area pursuant under Section 7.1.1 of the Zoning Bylaw in the R-1 Zoning District was granted.The lot area configuration will also increase the contiguous buildable area of the proposed lot to a 55%increase(a 75%increase is required),the difference is 20%. Koch second the motion to grant the Variances All those in favor of the Variances were Manzi,McIntyre,Cuscia,Koch and Ludgin, 5-0 all in favor Variances Granted. The Board finds that owing to circumstances relating to soil conditions, shape,or topography of the land 57d tricta affecting such land or structures but not affecting generally the zoning district or structures and especially in general,a literal enforcement of the provisions of the Bylaw will involve substantial hardship,financial Pagel of or otherwise,to the petitioners or applicants.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 the lot line adjustment will not adversely affect the neighborhood.There will be no nuisance or serious hazard to vehicles or pedestrians. The Board also finds that this lot line adjustment will not be substantially detrimental to the existing dwelling and lot as well as the neighborhood and that this lot line adjustment will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Site: 562 Boxford Street (Map 105.C, Parcels 003 and 022), North Andover, MA 01845 Petitioners, Charlotte L. Hopping and Joyce Bradshaw (Trustee of the Gorton Family Trust). Variances under Section 7.1, 7.1.1,and Table 2 of the Zoning Bylaws in the R-1 Zoning District,for a Lot Line adjustment. Plan(s)Title: 1)"Plan of the Land"containing one(1)sheet, Showing Parcels A&B, and Lots 1 and 2 Prepared by Christiansen&Sergi Inc,Dated Jan 2, 2015 Voting in favor: Albert P.Manzi III,Ellen P.McIntyre,Paul Koch,Allan Cuscia,and Doug Lud in Voting in the Negative: 0 Variance granted 5 in favor(Granted) The Board finds that the applicant has satisfied the provisions of Table 2 and Sections 7.1 and 7.1.1, for 562 Boxford Street(Map 105.C,Parcels 003 and 022)of the Zoning Bylaw in order to allow for a lot line adjustment,North Andover,MA 01845 in an R-1 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 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 1 year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. North Andover Zoning Bo rd of Appeals Apbert P.Manzi III,Esq.,Chairperson Ellen P.McIntyre, Vice Chairperson Allan Cuscia Paul Koch Doug Ludgin Decision 2014-009 Page 2 of 2 11 245 FOR A'EQL4/RY614EOILY AeL:isiur ur DIu.Ds _ 111u�tM.o6trYsat�sg ( �. A"x F:A:1 NQ ACm SEE \ N' A+6IFtM WL7n.d1 \ �'f1b1'W NOTE t Di / LOT® NOOTEnM \\ / 1 CERTIFY THAT PLAN CONFORMS TO RULE6T $ ��"22°�' ' \� \�\ PARCELS / THE EGMTER FREEAM IAATK1N00F THE 7REE FRONTAGEKI70.31' RE0IANIIOLAND OF _ , \ ARFA+ODAM S.F. & iib CONSTRUCTION 8 GRADING �r GORTONFAMLYTRUST i v I , AP",0.7042AC. / Y EASEMENT TE INCLUDES PARCEL A � SL � \r\ i WINCE LOCUS MAP SCALE:NO SCALE �` / cF I \ �TE \\� 1 SEPTIC a �� \ gym I� Z .\ �.,0�21RrrE WB'S'SS�w"��� �-i4G---, 11 ( �� $�\ 1 LOT® ASSESSOR REFERENCES �««e`,+oar PARCEL A _ l I I�OT+Q R>" "'; �M 1.MAP 1050 LAT 3 8 cam` c` ARFiM1tF006F. --_a tm X82 ' I ARFJ1'10AS28F. Q A�O'0000' FRONTAGE-311,31' ` 2.MAP 1050 LOT 22 o to ARFA.o.5oa4Ac_ _ _ . ,INCLUDES S0BlACL _-- ^ Lw7.12 ♦1¢c,« 11YCLUOFS PARCEL 9 RBMN FA LAND OF / `(I� a / � R�D.OD GORTON FMLYTRUST I��liG GRAVEL DRIVE VD ` � I Icy` ` / 1 nl ' \\ INCLUDES PARCEL A REFERENCE DEEDS 70TALFRONTAGEVT0.D1•i /S s 1_ I ��1 �, 104.17 / 212.14' n,l 27BOt' 274.9r I.BOOK 5407 PAGE 47 N0Y0OBTE / N0SD7 E _ N85'0T42'E 0.18.16'BOlAiD 70 BOUND 2.BOOK 1076 PAGE 259 aQ4aurn PaOo SIR= nYRwM 4+1CR1tEWlR Rae / I N07F I MCKIs�,m BOXFORD STREET ZONING MATRIX R4 PROPOSED REQUIRED LOT MEA WSZ&F. 07,tMS.F. FRONMOE 116.m �m FROKT6LTBI1Ot "wanBA0K RIA w RuxSETRVw 104" w ABUTTERS LIST MAP 1018 LOT 184 MAP 1050 LOT 42 SCOTT AND KIMBERLY BURGIN THOMAS a CATHERINE DONOVAN APPROVAL UNDER THE SUBDIVISION ZONING BOARD OF APPEALS BOOK 4147 PAGE 105 BOOK gest PACE 110 CONTROL LAW NOT REQUIRED TOWN OF NORTH AADOVE, M.OldMPT.N 8ECD1P C MAP/018 tATtW9 MAP 1000 LOTH NORTH ANDOVER P 4NG BOARD 4./ MX%4kEL A KATHLEEN SCANON BRYAN B KERY HANSSEN REFERENCE PLANS BOOK 327W PAGE 20,, BOOK SM PAGE 0002 1.PLAN OF LANDIN NORTH ANDOVER,MASS.SURVEYED MAP 1250,LOT MAP 1046 LOT 105 \p S + FOR CATHERINE C.DONOVAN BY STOWERS ASSOCIATES GORTON FAMILY TRUST DANIEL a UNOA BURNS 181 INCDATED MARCH 1977 AND RECORDED B4 NORTH ESSEX BOON 4710 PAGE 00 BOOK 5884 PAGE 250 ®1 REGISTRY OF DEEDS AS PLAN NO.7500. lip; ! GATE. _t r MAP 1050 LOT 43 MAP 1048 NE a B LOT A 1i DATE-. Il'•'�IS 2.PLAN OF LAND IN NORTH ANRII DOVERMASS.SURVEYED CGFLIIu DON01/AN Fwwas LSARAH GAGNDII FOR MRS.GEORGE A.REA(FORMERLY LAND OF CHARLES BOOK 3551 PAGE 110 BOOK 11217 PAGE 110 1n O THE BOARD'e CHAPUB8 N)BY CLINTON F.GOODWIN GATED DEC.19.i9AND EMOOPSEMENTOF THE PLAN AS NOT REQUIRING APPROVAL RECORDED IN NORTH ESSEX REGISTRY OF DEEDS AS PLAN /N UNDER THE SUBUMSION CONTROL LAW IS N0.5M MAP 1048 LOT 100 MAP 1018 LOT 105 NOT DETERMINATION AS TO CONFONMNICE PLAN OF LAND PAUL4JMERASBITT MICHAE&AMI BOVA VAT"THE TOWN OF NORM ANDOVER 3.CONFIRMATION LAND COURT PLAN DATED OCTOBER 1970 II00111088 PAGE 106 BOOK 1W6p PAGE 210 O ZONING SYLAWANDREGIAATIow. tw BY STOWERS ASSOCIATES AND FILED AS 388/40, 4.PLAN OF LAND IN NORTH ANDOVER,MASS.SURVEYED MAP 1048 LOT 155 L,�T? NORTH LOCATEDIN AN DOVE R,MA. FOR CATHERINE C.DONOVAN BY STOWERS ASSOCIATES aS LOT NOHMOr-21MyL. RECORD OWNERS a APPLICANTS INC.OATED MARCH 1977 AND RECORDED IN NORTH ESSEX REGISTRY OF DEEDS AS PLAN N0.75B0. KEHFiER: OF GORT0IFAR�Y,IRISf GORTON FAMILY TRUST 5.PLAN OF LAND IN NORTH ANOOVERMASS.SURVEYED FOR WILLIAM&ANNE GORTON BY STOWELS ASSOCIATESOU BOXFORD ST.,NORTH ANDOVER.MA. INC-DATED APRIL 1971 AND RECORDED BSI NORTH ESSEX NOTES CHARLOTTE L.HOPPING REGISTRY OF DEEDS AS PLAN N0.63B6. WETLAND1.THE WETLAND LINE WAS DELINEATED BY NORSE ®1 6.PLAN OF LAND BOXFORD STREET IN NORTH ENVIRONMENTAL,TYNGSBORO,MASSACHUSETTS.THE CBA OF O PAR.■ O 562 BOXFORD ST.,%ORTH ANDOVERMA. ANDOVERMASS.PREPARED FOR WILLIAM GORTON DATED LOT 1 IS 1.1 ACRES OR 55%WHERE 75%IS REQUIRED.THE CBA �� 40 5 46 80 FT 1027MS SY MARCHIONDA&ASSOCLATES AND RECORDED IN OF LOT 21S GREATER THAN THE 75%REQUIRED. 1 O Mc®� LARFAboffi6k NORTH ESSEX REGISTRY OF DEEDS AS PIAN NO.13352. 1G PAULA 2.THE PURPOSE OF THIS PLAN IS TO DESCRIBE PARCELS A&B MEA-1�rF�e� DATE:JULY 24,7074 IM13 SCALE:1'-W 7.PIAN OF BOXFORD ROAD,NORTH ANDOVER LAID OUT AS WELL AS NEWLY CREATED LOT 1. FlFowaRRaaaF 8Y THE ESSEX COUNTY COMMISSIONERS M 19368.. STREET PARCEL A TO BE CONVEYED FROM CHARLOTTE L.HOPPING TO BOYS-ORD cv THE GORTON FAMILY TRUST AND COMBINED WITH OTHER LAND 10c11AF1 �\J� PROFESS�1.ENGINEERS&LAND SURVEYORS OF THE GORTON FAMILY TRUST TO FORM LOT 2. B'sirll ( ( _ J CHRlfs17ANSEN 8 SERGI,INC. PARCEL 8 TO BE CONVEYED FROM THE GORTON FAMILY TRUST \\ 1W6 SUCKLER sTTOOMEET.WIVE 7847.0310 FAX 07643 Slav 20D 0200 400 FT N°' NNRW.C6FENOR.COM LEL.976i70fi310 FAIL 076312.'1000 TO CHARLOTTE L.HOPPING AND COMBINED OTHER LAND OF CHARLOTTE L HOPPING TO FORM LOT 1. SCALE:1%am DWG.N0.04(136.001.006 • R7CEIVED 4 .r TOWN OF NORTH ANDOVER VARIAN99 ZONING BOARD OF APPEALS NAME Tn u,� c tit Nit a11'sY-' ADDRESS OF APPEAL Z 9 cox Pita SP r �T , i'ownFCjerk Time Stamp v.� Procedure & Requirements for an Application for a Variance Twelve(12)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(Ldays prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete, notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the specific requirements listed in the Zoning Board Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication, receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing,a copy of the Board's decision will be cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEPS: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1)original and eleven (11)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 354 Office to be certified by the Town Clerk with the time Merrimack St. Suite#304, Lawrence MA, 01843 and and date of filing. The original will be left at the Town shall complete the Certification of Recording form and Clerk's Office,and the 11 Xerox'copies will be left with forward it to the Zoning Board of Appeals and to the the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2035 120 Main Street North Andover, MA 01845 978688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessors Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PNGE2OF4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 1. Pefitioner: *Name, *Address and telephone number: a, TOY4 ANV a.�gorHgw , IKUSr i:' OF G-®k;oN F,q/nyy TirZUST 6Z4 B oxFoKpS�Q�z-r{ tVAN)OVEr- Aj (b.) ('hlgfic�TrC �. Ho/P�eJ(r� s�z doxroe .rt2r r, N.AN�oy- M19 *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: 601) OJayCf- 41VIV 9KH1)$H,q,,j TKUSrre OF (?0QTa1V r-whi Ly TkySr 62-4 SrQC40r nl, gNgov Mq I-10t P11/(? 562 6dxr—dX i Sa /V /�N.jO I�� /n.4 Years Owned Land:. ) ' 3. Location of Property: a. Street: 5�6Z 6g)(r-®2p L'rerrr- Zoning District: R-1 b. Assessors: Map number: ia5' c Lot Number: 3 2-2 c. Registry of Deeds: Book Number: 6W .5,V07 Page Number: y-7 0) 1076 2 59 4. Zoning Bylaw Section(s)* under which the-petition for the Variance is made. a S-0-Gf/0N 71 -F.4g4E 1 (1,07- 4RO-42 (fon/T1 GUL)JSy1 Lj4Bec- *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: /MCAI r10I'ML V441441Ce'- IS R 6�' iV1sJTCo T 4LL0 JIJ ,Q LGT L�Nt? AbIVrrMCMj rb 4 fA'e-E)(/ST//SIG M.OAICaNfa�/YIi1/`s 1,0T w�iE�E itis [yi /ZE ► /FCL /w r4e-i- hp- -- 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. 6A. 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 ASS x/32 AM NA % 1114 AM n/,9 /v4 -/1J09 Avq B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 50361 nrA n►A -96.3 1 /v14 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.�F/t. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear SS732 NA /vA 220 N ��� � q2 j ,vy 5z , 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot.Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq.Ft_ Coverage Feet Spaces Front Side A Side B Rear 8:F/2o V9 NA 1.75 NA 30. 30. 36 30 . 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** 766 1 N4 RCS)D67a-/.91 l *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 Use of Number Square feet Floors Sq.feet Building* of Units** 769 -768 9E. iy *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this 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 Zo i oard of this application as incomplete. Sig nature: Type above name(s) here: 612)44 6, VQ v6 4Y4 Esra �, � yg 0.6-,4-V t- PV4S'a4Nr ?b 0VV"6-2- ,4U0IP- VW rAD IV /Iv--v✓D�� PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten(10)paper copies of a plan not legibly wr=itten or typed memorandum setting forth in to exceed 11'x17",preferred scale of I'-= 0' detail all facts relied upon. When requesting a Variance In) One(1)Mylar,with one block for Registry Use from the requirements of MGLA ch.40A,Sec.10.4 and only,and one block for five(5)ZBA signatures&date. the North Andover Zoning By-laws,all dimensional IM Plan shall be prepared,stamped and certified by requirements shall be dearly identified and factually a Registered Professional Land Surveyor, Please supported: All points,A-F,are required to be note that plans by a Registered Professional Engineer, addressed With this application. Registered Architect,and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. "Required Features On Plan,. structure. B. The circumstances relatingto soil conditions shape n Site Orientation shall include: � � 1. north point or to _ - pography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3, names of streets sought which do not affect generally the zoning 4. wetlands Cd applicable) district in which the property is located. S. abutters of property,within 300'radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions,easements. with respect to the land or building for which the In Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant,owner or record,and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZEA Minor prbjects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an.asterisk C). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall be accompanied by the following described pian. Plans 11. APPLICATION RLING FM must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to:"Town of North Andover"for prior to the public hearing before the Zoning Board of the cost of first class, certified, return receipt x#of appeals. all parties in interest identified in MGLA ch.40A§11 on the abutter's list for the legal notice check.Also, A set of building elevation plans by a Registered the applicant shall supply first class postage stamps Architect may be required when the application for each address listed on the abutter's list, plus an involves new construction/conversion/and/or a additional 2 for the decision mailing. proposed change in use. 11.8. Mailing labels:.Applicant shall provide four(4) sets of mailing labels no larger than Vx2-516"(3 copies 10.A. Major Projects for the Legal,and one copy for the Decision mailing). Major projects are those,which involve one of the 11-C. Applicant shall provide a check or money order following whether existing or proposed: to: `Town of North Andover"per 2005 Revised l=ee n five(5)or more parking$paces, Schedule. In three(3)or more dwelling units, 10- A Variance once granted by the ZBA will lapse in 2 M) square feet of building area. 1 (one)year if not exercised and a new petition must Major Projects shall require,that in addition to the 10B& be submitted.t 10C features,that the plans show detailed utilities,soils, and topographic information. Town of North Andover ZONING BOARD OF APPEALS pORTI{ Albert P.Manzi III,Esq.Chaimman Ellen P.McIntyre,Vice-Chairman 3� ° '''- ° °t Associate Alembers Richard J.Byers,Esq.Clerk Michael P.Liporto D.Paul Koch Jr.,Esq. %a * Doug Ludgin Allan Cuscia °9 °� -••.."' f Deney Morganthal �9sSACHUSEt�y Zoning Enforcement Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA on Tuesday, December 9th, 2014, at 7:30PM to all parties interested in the petition of Charlotte L Hopping and Joyce Bradshaw, as Trustee of the Gorton Family Trust, concerning 562 Boxford Street (Map 105.C, Parcels 0003 and 0022), North Andover, MA 01845 in the R-1 Zoning District. The Petitioners are requesting dimensional variances for 562 Boxford Street to allow for a lot line adjustment between property depicted as Assessor's Map 105.C, Parcel 0003 with the adjacent property depicted as Assessor's Map 105.C, Parcel 0022. A Variance is requested for minimum lot area pursuant to Section 7.1 and Table 2 of the Zoning Bylaw (Dimensional Requirements for Lot Area). A Variance is also requested for minimum contiguous buildable area pursuant to Section 7.1.1 of the Zoning Bylaw. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi I11, Esq., Chairman Published in the Eagle Tribune on: November 25, 2014 December 2, 2014 {00084696;v1} i _ Bk 14145 Pg202 #4506 Tawjtof artthAudow= - "MNG BOA"OFAMMS ENEQ _ •., x'15 JANAN Ti RUTHA Esc WfER MASSAMMMS • ttraa��a[�Oioo{,�a� at @cc of guf `s Yew2 t4 TwWChlk pwMaSLnavixi6 tate afS7"a�tom. 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S>�� S 562 Ba dod Sked @ft 105C Pao&tib sed W) 0130 • L ami gmstw of ft Cam P Thol). Varimm amlcr Saga IL 7.1.1, 2af4e Zodmg Bylm ino RA Zmft Fara. ', 1,Otlaiue - P9�(a�Ta� 'lnr�'�Iaamf° Eaetc{1? P �dtB, - aQd 14ft1amd 2P[+ C+ed6y &Swgikc,Daodbn2, vddagia MatP.Mz mziII ffi atuP,bmPymtKock Alim£ ,amd i� Sig naBoadfmdsfmttcqvNcmthasmffsfiWdcpvvWmcfTab&2,aadS 7laad71_I, for 5QBom& dS IOSAPbo&GM oOn)oft<Z Wwmaft ftFa&w&raja fte .MA(1Z8 Sffiaa IF1? Db . . s EmiEToe a $ offis f—is dates cocatg of D at&c ase i 7- Aga mf VmdmwasrvVmftdby2w doesmotms=ssml1ycw=9c era bEI1319PMMit0ftWSzdm=gbyaUqVbcd*hmdLsk%mdfdudbmIftco&szmd 3- Uftz1 r Cr.�oe mQt Iy�c€l detaaf�c aE['la smda bs aadanca� . Af i } i d� a Z1pP-EKE a rw-wcbabpemmE Alia Cm& P931KO& r DooMM Al14.009 2o 2 RECEIPT, Printed: March 3, 2015 @ 12:37:37 \ Essex North Registry 1 M. Paul Iannuccillo Register Trans#: 3783 Oper:DELIAL SMOLAK 8 VAUGHAN Book: PL Page: 17245 Ctl#: 210 Rec:3-03-2015 @ 12:37:33p 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 i ------------------------------------- Book: 14145 Page; 201 Inst#: 4506 Ctl#; 211 Rec;3-03-2015 @ 12;37:33p NAND DOC DESCRIPTION TRANS AMT --- ----------- --------- NOTICE ? Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 t Book 14145 Page 204 Inst# 4507 1 Ctl#: 212 Rec:3-03-2015 @ 12:37:33P - NANO DOC DESCRIPTION TRANS AMT --- ----------- --------- CERTIFICATE Surcharge CPA $20.00 20.00 : 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 Book: 14145 Page: 206 Inst#: 4508 Ctl#: 213 Rec:3-03-2015 @ 12:37:33p NAND BOXFORD ST DOC DESCRIPTION TRANS AMT --- ----------- --------- DEED Surcharge CPA $20.00 20.00 100.00 recording fee 100.00 5.00 TECH FEE 5.00 Total fees: 125.00 Book: 14145 Page: 208 Inst#: 4509 Ctl#: 214 Rec:3-03-2015 @ 12:37:33p NAND BOXFORD ST DOC DESCRIPTION TRANS AMT --- ----------- --------- DEED Surcharge CPA $20.00 20.00 100.00 recording fee 100.00 5.00 TECH FEE 5.00 Total fees: 125.00 pC � CEDW D BOARD OF APPEALS CONSERVATION DEPARTMENT Community Development Division MEMORANDUM DATE: December 5, 2014 TO: Zoning Board of Appeals Albert Manzi III, Chairman FROM: Jennifer Hughes, Conservation Administrator CC: North Andover Conservation Commission(NACC) Louis Napoli, Chairman SUBJECT: 562 Boxford Street, Lot Line Adjustment On December 3,2014,the North Andover Conservation Commission(NACC) Issued an Order of Resource Area Delineation confirming the delineation of wetland resource areas on Lots 003 and 22 (Map 105C).These wetland resource areas contain Ephemeral Pools and Ephemeral Pool Habitat (limits of the pools and habitat not confirmed).This potentially increases the construction setbacks on these lots to 75-foot No-Build and 50-foot No-Disturb(50-foot No-Build and 25-foot No-Disturb for Bordering Vegetated Wetland without ephemeral pool/habitat). The proposed lot configuration for 562 Boxford Street would create a hardship for the property owner if expansion or construction of a new structure was desired.Portions of the current structure are located within the 75-foot No-Build Zone to Ephemeral Pool Habitat and the proposed western lot line would constrain the owner from locating a new structure or any addition to the structure farther to the west and outside of the 75-foot No-Build Zone. I am available to discuss the proposal with the applicant or the board if needed. 1600 Osgood Stmt,Suite 2033,Horth Andover,Mossodmseffs 01845 Phone 478 888.4530 Fax 478.688.9542 Web www.townofFiarth(mdover.com SSMOLAK & VAUGHAN � Brian G.Vaughan,Esq. T.978-327-5217 1 f:978-327-5219 ATTORNEYS AT LAW bVaucoHanCA sm01akr2orhan.4rom BYEMAK December 9,2014 Zoning Board of Appeals Atte:Albert Manzi Ill,Chairman Town of North Andover D [� (G; R V�J 1600 Osgood Street North Andover,NLA 01845 RE: 562 Boxford Street(Map 105.0 Parcels 003&022) Variance Request-Land Swap BOARD OF APPEALS Dear Members of the Board On behalf of the Applicant,Joyce Bradshaw,as Trustee of Gorton Pannily Trust and Charlotte L.Hopping,we respectfully request that upon opening the hearing on the matter above,which is scheduled for this evening,Tuesday, December 9,2014,that the Board continue the matter to the Boars next hearing scheduled for January 13,2015. As reason for the continuance request,the Applicant has just recently received a copy of the memo from the forth Andover Conservation Administrator,Jennifer Hughes,which memo was dated December 5,2014 and addressed to the ZBA Chairman. We have had a preliminarily discussion concerning this matter with the Conservation Administrator,but the Applicant would request further time to review and respond to the'Conservation Administrator's comments. The Applicant's engineer is presently out of the country and unable to attend this evening's hearing. As such,we believe it would be in the best interests of the Applicant and Board to continue the hearing to a future date at which time we can provide input and comment from the Applicant's engineer. Please contact me should you have anyquestions;or comments. I will plan to attend the hearing this evening in the event that there are any questions with respect to our request for a continuance,but I have advised the Applicant that it is not necessary to attend. Thank you for your cooperation with this, matter. Sincerely, 1 Brian G. aughan (00085364;v2) East Mi13;21 Rigg Street,Suite 301,North Andover,.MA 0184: WMIKS11T0LAK1'AUGHAN.'Ct?iNt SMOLAK &. Y!"iuGHAN -i Brian G. Vaughan, Esq. T: 978-327-5217 1 F: 978-327-5219 ATTORNEYS AT LAW bvaughan@smolakvaughan.com January 3, 2015 BY HAND D _ :fl d 12 Zoning Board of Appeals D Attn: Albert Manzi I11,Chairman JAN ' S 2015 Town of North Andover 1600 Osgood Street BOARD OF APPEALS North Andover,MA 01845 RE: 562 Boxford Street(Map 105.0 Parcels 003 &022) Variance Request-Land Swap Updated Plan and Amendment of Variance Application Dear Members of the Board: On behalf of the Applicant,Joyce Bradshaw, as Trustee of Gorton Family Trust and Charlotte L. Hopping, we hereby amend the petitioners' variance application by submitting the enclosed plan to supersede and replace the plan which was originally submitted by the Applicant with the variance application. The new plan which supersedes the original plan is entitled: "Plan of Land,Located in North Andover, MA., Record Owners&Applicants:Gorton Family Trust,624 Boxford St., North Andover, MA.,Charlotte L. Hopping,562 Boxford St.,North Andover,MA. " dated July 24, 2014,revised January 2,2015, scale: 1" =40',prepared by: Christiansen&Sergi, Inc. (the"Revised Plan"). The purpose of the revised plan and this variance amendment is to address the issues as were raised by the North Andover Conservation Administrator,Jennifer Hughes,in her memo dated December 5,2014 and addressed to the ZBA Chairman. The newly proposed lot configuration for 562 Boxford Street(ie, Lot 1 as shown on the Revised Plan),would allow for a reasonable building envelope in the southwesterly corner of the lot(outside of a 75-foot no-build zone and 50-foot no-disturb zone from existing identified wetlands),if expansion of the existing structure or construction of a new structure were, in the future, desired on Lot 1. {00086097;v1} East Mill,21 High Street,Suite 301,North Andover,MA 01845 W W W.SM OLAKV AUGHAN.COM SMOLAK & VAUGHAN LLP North Andover ZBA January 3,2015 Page 2 of 2 In addition to addressing the issue raised by the Conservation Administrator,it is noted that the newly proposed lot configuration would also further reduce any nonconformities of the proposed lot,since it increases both the lot size and contiguous buildable area from what was proposed with the original variance application. Whereas the original application sought to increase the lot size from 50,861 SF to 55,432 SF,the Revised Plan would increase the lot size from 50,861 SF to 59,652 SF (where 87,120 SF is required). In addition, as described in Note 1 on the Revised Plan,the new lot configuration will also increase the contiguous buildable area of the proposed lot to 55% (from 50%,as was proposed with the original application,and where 75% is required). We will look forward to discussing this matter with you in greater detail at the January 13th meeting. ;Sincerell Brian G. Vaughan Attorney for and Joyce Bradshaw, Trustee of Gorton Family Trust rnnno cace..ni BOARD OF APPEALS CONSERVATION DEPARTMENT (ommunity Development Division MEMORANDUM DATE: January 6,2015 TO: Zoning Board of Appeals Albert Manzi III, Chairman FROM: Jennifer Hughes, Conservation Administrator CC: North Andover Conservation Commission(NACC) Louis Napoli, Chairman SUBJECT: 562 Boxford Street, Lot Line Adjustment—Revised Plan On January 5,2015,the North Andover Conservation Department received revised plans showing a lot line adjustment for 562 Boxford Street.The plans include a"Plan of Land" dated 1/2/15 and an untitled and undated color lot plan showing wetland setbacks and a potential house footprint outside of those setbacks. The revised lot configuration for 562 Boxford Street,as shown on the plans referenced herein,appears to address the Conservation Department concerns that the proposed lot line change would create a potential hardship for the owner if future construction were proposed.As depicted,it appears that a larger home could be constructed outside of the ephemeral pool habitat no-build setback of 75'and within the lot line setbacks established by zoning.Permits from the Conservation Commission would be required. The new driveway to access the current home,as shown on the 1/2/15 Plan,will also need to be permitted with the Conservation Department prior to construction. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com Town of North Andover RLzC&q 'tb'st—P ZONING BOARD OF APPEALS Tft�� rLt 4 F i aff*veY.Ata d 3.7.7,&g.eA UEM J`tidimd Y.`gym,Fag LPA PM 3- �F V &&a ewcia -NORTH AND QaaociateM r�frnro sQ ' S�HI SE 29"*A&VantWCToo H1f��� 2aug..C'udSna J{7j%C�af���onf4 Date 9 December 2014 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit Comprehensive Permit(40B) Finding For property located at: STREET: 562 Boxford Street MAP: 105.0 PARCEL: 003 &022 TOWN: North Andover,MA 01 845 TO MEETING DATE(S):13 January 2015 NAME OF PETITIONER:C.Hoping&J.Bradshaw SIGNED: Petitioner(or itioner's representative) 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax 078-688-9542 web-www.townofnorthandovor.corn Town of North Andover ZONING BOARD OF APPEALS ,IORTy Albert P.Manzi III,Esq.Chairman2o6s"e. ".. Ellen P.McIntyre,Vice-Chairman 3 °~°° °� Associate A4emhers Richard J.Byers,Esq.Clerk a Michael P.Liporto D.Paul Koch Jr.,Esq. * ; Doug Ludgin Allan Cuscia '�9e �»° .�" Deney Morganthal °R�T.o I.PP th �SSgOHpSEt Zoning Enforcement Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA on Tuesday, December 9th, 2014, at 7:30PM to all parties interested in the petition of Charlotte L Hopping and Joyce Bradshaw, as Trustee of the Gorton Family Trust, concerning 562 Boxford Street (Map 105.C, Parcels 0003 and 0022), North Andover, MA 01845 in the R-1 Zoning District. The Petitioners are requesting dimensional variances for 562 Boxford Street to allow for a lot line adjustment between property depicted as Assessor's Map 105.C, Parcel 0003 with the adjacent property depicted as Assessor's Map 105.C, Parcel 0022. A Variance is requested for minimum lot area pursuant to Section 7.1 and Table 2 of the Zoning Bylaw (Dimensional Requirements for Lot Area). A Variance is also requested for minimum contiguous buildable area pursuant to Section 7.1.1 of the Zoning Bylaw. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi IIl, Esq., Chairman Published in the Eagle Tribune on: 14 _ - Das o dgo NDN�O�v ao��gzo�3 NwoD^wo<g-9N-.— a ND�NO�oy��7W a mo mo o°mmOow,�cmmo mo��ma�w_m�D�.w �i3a '�vv�°mo���amm•om°•yc°z 1m mm�mm�mo�S�o��'N�0g.55 .�'2 K�Nt�! 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OON?�.m>I D��^. •Om .N. 7 A rm VC m M U.* 3 m m 0 n M 0 m� 3' o o!n m to_. o.n a- Dec �o s. ._2.-�.�n�.°nim ��nta:r CL=r 0 o n m mpm 055 M0 �vmrm�c m a° �a.' Orros 0roa� c- n (D CD �Rt m.mn�F-3De'aPS NQ I.7nCOmamm.7o°m _. . - 1 Abutter to Abutter( ) Building Dept. (X ) Conservation (X ) Zoning ( X ) TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite an any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Prone MAP PARCEL Name Address 105.0 22 Gorton Family Trust 602 Boxford Street,North Andover,MA 01845 Abutters Prooerfies Mao Parcel Name Address 104.13 19 Seon Tae Jeong 50 Duncan Drive, North Andover,MA 01845 104.8 56 Karen Mello 40 Duncan Drive, North Andover,MA 01845 104.6 139 Blake Adams 1634 Salem Street, North Andover,MA 01845 104.6 171 Paul Schmitt 28 Duncan Drive, North Andover,MA 01845 104.8 174 Ga Wieman Gary 88 Duncan Drive, North Andover,MA 01845 104.6 182 Richard Smith 167 Duncan Drive, North Andover,MA 01845 104.8 183 Michael Scanlon 155 Duncan Drive, North Andover,MA 01845 104.6 184 Scott Durgin 143 Duncan Drive, North Andover,MA 01845 104.6 185 Daniel Burns 131 Duncan Drive, North Andover,MA 01845 104.6 186 Michael Bova 119 Duncan Drive, North Andover,MA 01845 104.6 187 Raffaele D'Attorree 101 Duncan Drive, North Andover,MA 01845 104.B 188 Edward Mcgetrick 89 Duncan Drive, North Andover,MA 01845 104.6 189 Paul Rabbitt 75 Duncan Drive, North Andover,MA 01845 105.A 4 Town of North Andover 120 Main Street, North Andover,MA 01845 105.A 32 Erik Faulkner 70 Brookview Drive, North Andover,MA 01845 105.A 33 Angelo Evangelista 50 Brookview Drive, North Andover,MA 01845 105.0 3 Charlotte Hopping 562 Boxford, North Andover,MA 01845 105.0 4 Charles Brogan,III 585 Boxford, North Andover,MA 01845 105.0 6 Walter Wilson 595 Boxford, North Andover,MA 01845 105.0 7 Christina Heacock 615 Boxford, North Andover,MA 01845 105.0 9 Harry Thomas 501 Boxford, North Andover,MA 01845 105.0 23 Gorton Family Trust 624 Boxford, North Andover,MA 01845 105.0 25 Lauren Cramer 537 Boxford, North Andover,MA 01845 105.0 26 Alexandre Klimenko 545 Boxford, North Andover,MA 01845 105.0 27 Sang Gon Kim 557 Boxford, North Andover,MA 01845 105.0 28 Town of North Andover 120 Main Street, North Andover,MA 01845 105.0 40 R.Joseph Garon 7 Duncan Drive, North Andover,MA 01845 105.0 41 Michale Donovan 12 Johnson Street, North Andover,MA 01845 105.0 42 Thomas Donovan 5000 Wheatridge Drive,Fuquay-Varina,NC 27526 105.0 43 Cornelius Donovan 12 Trolley Car Lane.Londonderry,NH 03053 105.0 79 Bryan Hanssen 594 Boxford, North Andover,MA 01845 105.0 80 Michelle Pouliot 525 Boxford, North Andover,MA 01845 This certifies that the names appearing on the records of the Assessors Office as of Certified SMOLAK & VAUGHAN ATTORNEYS AT LAW MEMORANDUM To: Town of North Andover Zoning Board of Appeals Applicant/Owners: Joyce Ann Bradshaw,Trustee of Gorton Family Trust and Charlotte L. Hopping Property: 562 Boxford Street(Map 105C/Lot 3 &Lot 22) Date: November 13, 2014 MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE I. INTRODUCTION The Petitioners,Joyce Ann Bradshaw,as Trustee of the Gorton Family Trust ("Bradshaw')and Charlotte L. Hopping("Hopping'),are requesting a variance for property known as 562 Boxford Street(ie,Map 105C Lot 3)which is owned by Charlotte L.Hopping(the"Hopping Land"),as such Hopping Land would be reconfigured,so as to allow for a lot line adjustment as between the Hopping Land and the adjacent property(ie,Map 105C Lot 22)which is owned by Bradshaw (the"Bradshaw Land"). Specifically,the Petitioners are seeking relief from Section 7.1,Table 2 and Section 7.1.1 of the Zoning Bylaw of the Town of North Andover,as amended (the"Zoning Bylaw") in the form of dimensional variance for lot area and a variance for contiguous buildable area. The Hopping Land as it presently exists is a pre-existing lawful nonconforming lot with a lawfully existing residential structure thereon. There is no new building or construction contemplated by the present variance application. But as a result of a proposed lot line adjustment as between the Petitioners(Bradshaw and Hopping)a new lot may be deemed created which might then no longer be entitled to protection as a pre-existing lawful nonconforming lot,and thus,the parties desire to confirm by way of issuance of variance that the newly configured lot and the existing structure on the Hopping Land will remain compliant with the Zoning Bylaw,notwithstanding the lot line adjustment,by virtue of the contemplated variances. {00084090;vi} East Mill,21 High Street,Suite 301,North Andover,NIA 01845 WWW.SMO LAKVAUG HAN.COM Memo to North Andover ZBA Re:562 Boxford Street November 13,2014 II. BACKGROUND Hopping is the owner of the Hopping Land,562 Boxford Street,which is currently improved with an existing residential structure. The Hopping Land is designated on the Town of North Andover Assessors Maps as Map 105C,Lot 3. Hopping acquired the Hopping Land in January,1967,as evidenced by a Deed,dated January 20,1967,and recorded with the Essex North Registry of Deeds at Book 1076, Page 259. A copy of that deed is included with this application. Bradshaw is the owner of the adjacent and surrounding Bradshaw Land,a 22+/-acre vacant parcel of land. The Bradshaw Land is designated on the Town of North Andover Assessors Maps as Map 105C,Lot 22. Bradshaw acquired the Bradshaw Land in April,1999,as evidenced by a Deed,dated April 20,1999,and recorded with the Essex North Registry of Deeds at Book 5407,Page 47. A copy of that deed is also included with this application. Both the Hopping Land(with the existing dwelling)and the surrounding Bradshaw Land(vacant)are shown on a plan entitled"Plan of Land,Located in North Andover,MA.,Record Owners&Applicants:Gorton Family Trust,624 Boxford St., North Andover,MA.,Charlotte L.Hopping,562 Boxford St.,North Andover,MA." dated July 24,2014,revised November 11,2014,scale: V =40',prepared by: Christiansen&Sergi,Inc. (the"Plan").The Plan is intended to serve as both a so-called "ANR Plan" or"Approval Not Required Plan' to be filed with the Planning Board as well as a variance plan to accompany this variance application. Upon obtaining approval of the proposed variance,the Plan would also then be submitted to the Planning Board with a Form A Application for approval of the lot line adjustment by the Planning Board. The Hopping Land,as it presently exists and prior to the proposed lot line adjustment as shown on the Plan,consists of 50,861 square feet in size. Upon completing the proposed lot line adjustment and land swap as contemplated and shown on the Plan,the Hopping Land would be increased by an additional 4,571 square feet and it would then consist of 55,432 square feet in size. The property,however,is located in the Residence 1 ("R-1") Zoning District where the minimum lot size is 87,120 square feet. It should be noted that the Hopping Land constitutes a preexisting,lawful nonconforming lot,because the lot was lawfully laid out as a conforming lot (in compliance with then current dimensional requirements) prior to enactment of zoning, when the lot was created in December,1905,as referenced in the Hopping deed. The Hopping Land existed as a conforming lot but became a preexisting,lawful nonconforming lot when zoning changes were enacted in 1987,which thereafter increased the minimum lot size for the R-1 zone. In addition,for lots created as of April 28, 1986,the Zoning Bylaw requires that at least 75% of the minimum lot area required for zoning be contiguous buildable area(ie,exclusive of wetland resource areas.)While this requirement did not apply to the existing lot of record as a pre-existing lot,as reconfigured the contiguous buildable area of the Hopping Land would be 50%where 75%would be required. 100084690;vl l 2 Memo to North Andover ZBA Re:562 Boxford Street November 13,2014 III. DISCUSSION As noted above,the Petitioners are requesting a dimensional variance for minimum lot area and for contiguous buildable area for a new lot configuration which is proposed to be created as a result of a proposed lot line adjustment. Specifically, variances are being requested from Section 7.1,Table 2 and Section 7.1.1 of the Zoning Bylaw. With respect to lot area (Section 7.1,Table 2),a variance is being requested of 31,688 square feet.Whereas the minimum lot size in the R-1 zone is currently 87,120 square feet,the proposed new lot would consist of 55,432 square feet. Although this would appear at first glance to be a significant variance,the newly proposed lot would in fact be larger and more conforming than the lot as it presently exists,with the lot size in fact increasing from 50,861 square feet to 55,432 square feet(increasing the size of the currently pre-existing nonconforming lot by 4,571 square feet.) With respect to contiguous buildable area(Section 7.1.1),a variance is being requested of 25%for contiguous buildable area. Whereas the minimum contiguous buildable area required for a newly created lot is 75%of the required minimum lot area, the contiguous buildable area of the proposed new lot would only be 50% of the required minimum lot area. IV. BASIS FOR VARIANCE The Petitioner's proposed variance meets all of the conditions for granting of a variance,and each of the required elements A through F appearing in Section 9 of the Variance Application are addressed in this application,including as follows: A. The particular use proposed for the land or structure: The proposed use for the land will be for single family residence which is an allowed use in the R-1 zone,and further,is the current and existing use of the property. 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: The existing shape of the Hopping Land is a very oddly shaped,long and narrow lot, which is lacking depth. In addition to increasing the lot size,to make the lot more conforming,the newly configured lot with benefit of the variance would allow for a more typical and conforming lot shape and would allow for the lot owner to enjoy a greater setback for the lot owner's existing septic system. {00084690;vl} 3 Memo to North Andover ZBA Re:562 Boxford Street November 13,2014 C. Facts which make up the substantial hardship ftnancial 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:A literal enforcement of the Zoning Bylaw,without granting relief for a variance,would result in an inability of Hopping to complete the proposed land swap,and thus create a financial hardship for Hopping in as much as the newly configured lot is a more marketable property than the existing,oddly shaped lot. In addition,it allows Hopping a greater setback for the septic system serving the lot and a larger area in the vicinity of the existing septic system for future replacement. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good: Granting of the variance will result in a larger and more conforming lot,as the lot size will in fact be increased from its existing size if the variance is granted. Further,there is no new construction that is presently intended on the Hopping Land,as the residential structure is already constructed and existing on the property. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance: Granting the variance will not derogate from the intent or purpose of the Zoning Bylaw because the proposed use is a permitted use in the R-1 zone and no structural changes are proposed on the lot. The home is pre-existing on the lot and is and would remain consistent with and in keeping with other properties in the neighborhood. F. Submit RDA from Conservation Commission when Contiguous Buildable Area is applied for in ZBA application: See note 1 on Plan. (Note:Existing lot and dwelling predate applicability of CBA requirements per Section 7.1.1 of Zoning Bylaw.) {00084690;v1} 4 Memo to North Andover ZBA Re:562 Boxford Street November 13,2014 Accordingly,for the reasons stated above,and others that will be presented at the hearing,the Petitioners respectfully request the Zoning Board of Appeals to grant the requested variances,so as to allow the proposed lot line adjustment and land swap and to create a new lot of record. Respectfully submitted, Joyce Ann Bradshaw,as Trustee of The Gorton Family Trust,and Charlotte L.Hop mg B�. Brian G.Va ,Esq. SMOLAK&VAUGHAN LLP 21 High Street,Suite 301 North Andover,Massachusetts 01845 Tel. (978)327-5217 {00084690;v1} 5 $4 c ' 0 BK 5487 PB 47 40 4JrO �q 9 z William Gorton, o of North Andover, Essex County, Massachusetts In ro . in consideration of less than One Hundred Dollars ($100. 00) M grants to Joyce Anne Bradshaw, Trustee of the Gorton Family Trust 0 ro under Declaration of Trust dated A�r�( 20, MI to be recorded cow herewith at North District Essex Registry of Deeds 0 w M 0 of 624 Boxford Street, North Andover, Massachusetts, 01845 m Fa 40 o with quitclaim covenants MP PARCEL I H That certain parcel of land, with any buildings thereon, situated on the northerly side of Boxford Street, North Andover, s+ a� Massachusetts, being shown as Lot 3A on a plan of land entitled 04 .�4 "Plan of Land, Boxford Street, North Andover, MA, prepared for a William Gorton" which plan is recorded at North District Essex La Registry of Deeds as Plan No. 13352. Ea $. Said parcel is more particularly bounded and described as V follows: a 4 Southerly, by Boxford Street, 229.04 feet; APR -P Westerly, by land now or formerly of Hopping, 168.04 feet; �4 Southerly, again by said land of Hopping, in courses of 178.90 M a feet; 99 .65 feet; 109.97 feet; 58.40 feet and 107.78 feet; aWesterly by land now or formerly of Donovan, 259.68 feet; x Southerly, Southwesterly and Westerly, again by said land of z Donovan, in courses of 69.07 feet; 13 .28 feet; 10.91 feet; m 16.67 feet; 41.59 feet; 61.00 feet; 20.19 feet; 20.53 feet, and 250.00 feet; Northwesterly by land of various owners in three courses, p 380.00 feet; 377.56 feet; and 198.02 feet; Northeasterly by land now or formerly of Brookview Country Homes, 1016.62 feet; Southeasterly by Lot 2A on said plan, 372 .49 feet; Easterly, again by said Lot 2A, 262 .64 feet. Be all measurements more or less and all as shown on said Plan 13352. Said parcel contains 22.19 acres. II r-- 6K 5407 PG 48 PARCEL II That certain parcel of land with all the buildings thereon, on the northerly side of Boxford Street, North Andover, Massachusetts, shown as Lot 4 on plan of land entitled "Plan of Land in North Andover, Mass, surveyed for William & Anne Gorton", which plan is recorded at North District Essex Registry of Deeds as Plan No. 6386. Said Lot 4 is more particularly bounded and described as follows: Southerly by Boxford Street, 200.00 feet; Westerly by Lot 2 on said Plan, 478.91 feet; Northeasterly by land now or formerly of Giragosian, 235.51 feet; and Easterly by Lot 5 on said Plan, 331.95 feet. Containing 80, 600 square feet of land, according to said Plan. For title see deed of the Town of North Andover, dated July 1, 1947, recorded at said Registry of Deeds, Book 699, Page 360. See also Land Court Case No. 36814 and Decree of Confirmation of Title recorded in said Registry of Deeds, Book 1217, Page 478. Executed as a sealed instrument thig 20th day of April. , 1999. —ag�4 I C0040 VWEALTH OF MASSACHUSETTS Essex, ss Andover, April 20, 1999 Then personally appeared the above named William Gorton and acknowledged the foregoing instrument to be his free act and deed, Before me, sep S. rom ly N ary Public comm. expires: Aug. 17, 2001 i I � ° Tile word -mortgdgor" as uxd herein shall be taken to mean the grantor or gramors herein mock JIM their heits. successors and assigns. ,O'a And for said consideration we further ��� PA trlcasc unto the mongagec all.rights of curtest', dower and homestead and other intern in the 2 5 9 uautgaged Premises. 'Phis Mortgage is upon the Statutory Condition, for any breach of which or of any agreement hctcin contained the Mortgagev shall have the Statutory Power of Sale. WiItlttfg our hands andwa9 this twenty–seventh day of January 1967. i f tfroms►onhuatM of A9atfsUtiafkttrY Essex ss. January 27, 1967. Thcn Inrsn"allc aplwarcd the above-named Allen F. Fay and Elaine Fay and acknowledged the foregoing instrument In be their rice cat and decd, before me, /O)/- -. t Arthur-T—. Eno, Jr. otary.Public. My commission expire Nov. 29, 1969 Essex,ss. Recorded Jan. '27, 1967 at 25.m past 12P.M. #568 �,n, - � A Xu of Fra CDUDty,Maa:.att»teas 4eiegsatltsas.irA for consideration paid. grant to '9/. of )41'7% LL,..♦Gav uV �p , � (.a �ia. with 4uftt11ti111 rnotetapte the land in o ,lavw/ (DZipti,m and maeb iE ner) AM A,- -41 4' t`,-eo1A A,- 16—,7, rQo Sr/7�..�fYs�♦�11,4q C-9; ----------------- i 1076 ESSEX NOH1H PAQE 2 6 0 i! r 0-0 W l )rte= of said grantor, ixtnt" C7 release to uid grantec all rights of deo'ery d the esrt a and other interests therein. I, 19tdttes..am4-...hands' and seals this.........r?Otb.................d of... / ..19.�v1 ....................................................I...... ....c�„K1.41 '..t�i?J .. . j ....... .. .. . ......... ................................................................ .. .. .. .... Fr ............................................................................... ..' /{(' ... .. Celt Caamaamralth at l9aeearhaaelfs Essex u, north Andover, Gass. January 20. 1967 Then personally appeared the above named ah'RY C -y' RAYMOND PFRLEY AND CHARLOTTE PLRLEY REA and acknowledged the foregoing instrro ii�' 6'be their free act anbefore me •. 40or of dmFace fitrcomm;%'ion .. J . t69 Essex,es. Recorded Jan. 27, 1967 at 46m past.l2P.M. #569 KNOW ALL MEN BY THESE PRESENTS that we, George B. Stern, of North Andover, Essex County, Massachusetts and William G. Kurth, of Andover,_ Essex County. buy, for consideratioa paid,grant to Jeanne E. Lally • of said North Andover , 4dulatp naprnaats A certain parcel of land in North Andover, Easex.County, Massachu. setts, being shown as Lot No. 1 on a plan of land entitled: 'Plan of Land in North Andover, Mass. Surveyed for Norman I. Bearse, October 7, 1966, Robert E. Anderson Inc. Reg. Professional Engineer No. 115$9,^ recorded in North District Essex Registry of Deeds Plan No. e6/6 said lot being more particularly bounded and described as follows: NORTHEASTERLY. by Johnson Street - 210 feet; SOUTHEASTERLY by Lot No. 2, as shown on said plan - 209.94 feet; SOUTHWESTERLY by land of Sutton Hill Co. Inc. - 210 feet- and 14DRTHWESTERLY by other land of Sutton Hill Co. Inc. - 204.00 feet. Subject to a ten (10) foot right of way, as shown on said plan, to the Town of North Andover along the northwesterly line of said lot. Being a part of the same premises conveyed to us by Norman I. Bearse and Frances T. Bearse by deed.dated October 7. 1966 and re- corded in North District Essex Registry of Deeds Book 1071, Page 360: i s OWNER AUTHORIZATION 562 Boxford Street,North Andover,MA(Map 105.C,Parcel 3)& 602 Boxford Street,North Andover,MA(Map 105.C,Parcel 22) The undersigned,Charlotte L.Hopping,being the record owner of the real property known and numbered as 562 Boxford Street,North Andover, Massachusetts 01845,by virtue of a deed recorded with Essex County Northern District Registry of Deeds at Book 1076,Page 259("562 Boxford Street"),and Joyce Ann Bradshaw,as Trustee of the Gorton Family Trust,being the record owner of the real property known and numbered as 602 Boxford Street,North Andover,Massachusetts 01845,by virtue of a deed recorded with Essex County Northern District Registry of Deeds at Book 5407,Page 47("602 Boxford Street") (collectively,562 Boxford Street and 602 Boxford Street are referred to as the "Property"),do hereby state that we have entered into an Agreement pursuant to which we intend and desire to adjust the lot lines and swap certain land between 562 Boxford Street and 602 Boxford Street. As the record owners of the Properly referenced above,please note that we each hereby authorize Smolak&Vaughan LLP and Christiansen&Sergi,Inc. to submit any and all applications and supporting information for permits and approvals in connection with a proposed lot line adjustment of the Property, including without limitation,any submissions with the Planning Board,Zoning Board of Appeals and/or Building Department of the Town of North Andover, Massachusetts,in connection with pursuit,negotiation,and obtaining any special pemlit(s),variance(s), so-called ANR Plan endorsement or Form A approval,or any other permits,approvals,or consents necessary or desirable in connection with the proposed lot line adjustment or land swap. Dated November 10,2014 OWNERS. Charlotte L.Hopping J Ann Bradshaw,Trustee N Wfq Ag,�Ut°ce"" Zoning Bylaw Denial + Town Of North Andover Building Department +•�a 400 Osgood St. North Andover, MA. 01845 �A€kid�� Phone 978-688-9545 Fax 978-688-9542 Street: 562 Boxford Street Ma /Lot: Map 105.0 Lot 003 and Lot 22 Applicant: Charlotte L. Hopping/Joyce Ann Bradshaw Trustee Request: Lot Line adjustment and Land Swap Date: Nov. 13,2014 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R-1 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontaple Insufficient 2 Lot Area Preexisting X 2 Frontage Complies' X 3 Lot Area Complies 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 4 Special Permit Required 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Com lies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexistin setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed I X 4 1 Insufficient Information 2 In Watershed J Sign N/A 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking NIA 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above'is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance-Rear yard Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit X 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 I Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permitpre-existing nonconformin Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Item Reasons for Denial Reference Fable 2 Variance of Dimensional Requirements-Table 2 Area Existing lot is 50,861 S.F. Proposed Lot is 55,432 S.F. Required 87,120 S.F. Section 7.1.1 Contiguous Buildable Area(CBA) Proposed is 50% Required is 75% Referred To: Fire Health Police X Zoning Board x Conservation Department of Public Works X Planning Historical Commission Other BUILDING DEPT M, Paul Iannuccillo Register \ Trans#: 3783 Oper:DELIAL SMOLAK & VAUGHAN Book: PL Page: 17245 Ctl#: 210 Rec:3-03-2015 ® 12:37:33p 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: 14145 Page: 201 Inst#: 4506 Ctl#: 211 Rec:3-03-2015 ® 12:37:33p + NAND DOC DESCRIPTION TRANS AMT j --- ----------- --------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5,00 Total fees: 75,00 ? Book: 14145 Page: 204 Inst#: 4507 i Ctl#: 212 Rec:3-03-2015 @ 12:37:33P j NAND !� DOC DESCRIPTION TRANS AMT --- ----------- --------- CERTIFICATE Surcharge CPA $20.00 20.00 i 50.00 recording fee 50.00 { 5.00 TECH FEE 5.00 #• Total fees: 75.00 t ------------------------------------- ------------------------------------- j Book: 14145 Page: 206 Inst#: 4508 Ctl#: 213 Rec:3-03-2015 @ 12:37:33P I NAND BOXFORD ST DOC DESCRIPTION TRANS AMT --- ----------- --------- DEED Surcharge CPA $20.00 20.00 100.00 recording fee 100.00 5.00 TECH FEE 5.00 Total fees: 125.00 ------------------------------------- ------------------------------------- Book: 14145 Page: 208 Inst#: 4509 Ctl#: 214 Rec:3-03-2015 @ 12:37:33p NAND BOXFORD ST DOC DESCRIPTION TRANS AMT --- ----------- --------- DEED Surcharge CPA $20.00 20.00 100.00 recording fee 100.00 5.00 TECH FEE 5.00 Total fees: 125.00 *** Total charges: 475.00 CHECK PM 5899 475.00