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
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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+
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Town of North Andover
ZONING BOARD OF APPEALS
il, -C71VED
Albert P.Manzi 111,Esq.Chairman
14ORTH
Ellen P.McIntyre,Vice-Chairman
Richard).Byers,Esq.Clerk .0
D.Paul Koch Jr. 0 0 0
JAN 26 AM 9: 04
Allan Cuscia 4
Associate Members 4 4.
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
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\ �'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
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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
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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 _ -
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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
-------------------------------------
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Book: 14145 Page: 208 Inst#: 4509
Ctl#: 214 Rec:3-03-2015 @ 12:37:33p
NAND BOXFORD ST
DOC DESCRIPTION TRANS AMT
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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