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PLANNING DEPARTMENT
r` Community Development Division
u 1600 Osgood Street NORTH
North Andover,Massachusetts,01845 MASV
Phone:978.688.953S
Fox:978.688-9542
NOTICE OF DECISION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: February 27,2006
Date of Hearing: January 2,2007,
February 6,2007
Date of Decision: February 21,2007
Petition of: Donald D.&Debra M.Stanley
58 Country Club Circle
North Andover,MA 01845
Premises Affected: 58 Country Club Circle, North Andover, MA 01845, Map 64, Parcel 150,
within the R-1 zoning district.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Section 4.136.3(cii),(1),(2),(5)&(6).
So as to allow: to construct a proposed detached 24'x 36' garage and underground drainage structures
within the Non-Disturbance buffer zone of a wetland of the Watershed Protection District.
After a public hearing given on the above date,and upon a motion by John Simons and 2nd by Jennifer Kusek
to APPROVE a Watershed Special Permit as amended and based upon the following conditions. Vote was
5-0 unanimous in favor of the application.
On behalf of the orth Andover anning Board
Richard Nardella,Chairman
John Simons,Vice-Chairman
Alberto Angles
Richard Rowen
Jennifer Kusek
cc: Town Departments
Applicant
Engineer,
Abutters
Assessor
58 Country Club Circle
' Map 64,Parcel 150
Watershed Special Permit-Construction of 24' x 36'Detached Garage
The public hearing on the above referenced application was opened on January 2, 2007 and closed by the
North Andover Planning Board on February 6, 2007. On February 6, 2007, upon a motion made by John
Simons, and seconded by Jennifer Kusek to GRANT a Watershed Special Permit as amended in order to
construct a 24'x 36' 3-stall detached accessory garage within 120' of a isolated wetland resource area within
the Non-Disturbance Zone of the Watershed Protection District
The proposed 3-stall detached garage and underground drainage structures are located at 58 Country Club
Circle,North Andover,Massachusetts, 01845,Assessors Map 64,Parcel 150 and is located within the Non-
Disturbance and Non-Discharge Zones of the Watershed Protection District under the requirements of
Section 4.136& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Donald D.
and Debra M. Stanley, 58 Country Club Circle, North Andover, MA 01845. The applicant submitted a
complete application, which was noticed on November 7, 2006, and reviewed in accordance with Section
4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9.
The Planning Board voted on the motion by unanimously in favor of the Special Permit. A special
permit issued by the special permit granting authority requires a vote of at least four members of a five-
member board.
The applicant is hereby notified that should the applicant disagree with this decision the applicant has the
right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria, are met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The
Planning Board bases this finding on the following facts:
a) The proposed detached 3-stall garage will not require a connection to the Town sewer and water
systems from Country Club Circle;
b) The topography of the site will not be altered substantially. The construction of the garage and
installation of the proposed stormwater management structures will use Best Management and
Engineering Practices and not substantially alter the topography of the site;
c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed
detached 3-stall garage;and
d) The construction of the proposed detached 3-stall garage and drainage structures have been reviewed
by the Town's outside consultant,Town Planner,and Conservation Department and determined that
there will be no degradation to the quality or quantity of water in or entering the isolated vegetated
wetland or Lake Cochichewick.
2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for any
discharge,structure or activity.
2
58 Country Club Circle
Map 64,Parcel 150
Watershed Special Permit-Construction of 24' x 36'Detached Garage
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion
controls have been placed on the site;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw;
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of
Appeals granting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw to
allow the construction of 3-stall detached garage(permanent structure) 120' from an isolated wetland
resource area within the Watershed Protection district's Non-disturbance Buffer Zone.
2) No impervious surfacing shall be used in construction of the driveway expansion. The applicant shall
use pervious pavers (or similar application) for the proposed driveway expansion to the 3-stall
detached garage.
3) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board. This
Watershed Special Permit may only be used in conjunction with the Site Plan Special Permit for these
same premises:
a) The garage will not be connected to Town water or sewer.
b) The garage will not contain an established living area nor will there be any expansion allowed.
c) Roof gutter drains be connected to infiltrators as shown on the plans.
4) Prior to issuance of a building permit:
a) A performance guarantee bond of one thousand dollars($1,000.00)made out to the Town of North
Andover must be posted to insure that the construction of the garage,erosion control measures, and
performance of any other condition contained herein will take place in accordance with the plans
and the conditions of this decision and to ensure that the as-built plans will be submitted.
b) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
5) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water management services and other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The
3
SS Country Club Circle
Map 64,Parcel 150
Watershed Special Permit-Construction of 24'x 36' Detached Garage
applicant must submit a certification from the design engineer that the site was constructed as shown
on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
6) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
9) This special permit was issued on February 6, 2007, however,this Special Permit shall be deemed to
have lapsed after a two(2)year period on February 6, 2009 unless substantial use or construction has
commenced.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Proposed Site Plan
At 58 Country Club Circle in
North Andover,MA
Prepared for: Donald D. &Debra M. Stanley
y
58 Country Club Circle
North Andover,MA 01845
Prepared by: Atlantic Engineering&Survey Consultants Inc.
97 Tenney Street,Suite 5
Georgetown,MA 01833
Scale: 1"=20'
Date: November 9,2006,Revised 1/4/07
Sheets: 1
4
Bk 10783 P9141 0-17458
06-07-2007 ao-11141iryl�Ma
Town of North Andover I-,'CEIVED
ZONING BOARD OF APPFJA-tA",-.,--p
Albert P.Manzi III,Esq.Chaiman
Ellen P.McIntyre, Vice-Chaimian OR %AORT11 2007 APR -5 ,
Richard J.Byers,Esq.Clerk 0 pp • E3 3
Joseph D.LaGrasse 0
David R.Webster 1�- TO ix- ATTEST,
4 A True Copy
Associate Members "UQ kt.-
Thomas D.Ippolito 0 MASSA('[
Richard M.Vaillancourt
Daniel S.Braese,Esq. CHU Town Clerk
This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of a��ppeall. , d
Any appeal shall be filed within Notice of Decision Date Oo
JOYCO'K Onkdshaw
(20)days after the date of filing Year 2007 Tom 01@fk
of this notice in the office of the
Town Clerk,per Mass.Gen.L.ch.
OA, §17 Property at: 58 Country Club Circle
NAME: Donald D.Stanley HEARING(S): February 20&March 13,
2007
ADDRESS: 58 Country Club Circle PETITION: 2007-001 --
North Andover,MA 01845 TYPING DATE: March 20,2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top
floor meeting room, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon
the application of Donald D.Stanley,58 Country Club Circle(Map 64,Parcel 150),North Andover
requesting a dimensional Variance from Section 4,Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw for relief
from the setback requirements for new permanent structures in the Non-Disturbance Zone for lots created
after 1994 of the Watershed Protection District in order to construct a detached 3-stall.garage. Legal
notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of
general circulation in the Town of North Andover,on January 22&January 29,2007.Said premise affected
is property with frontage on the North side of Country Club Circle within the R-1 zoning district.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,
Albert P.Manzi,III,and David R.Webster.
The following non-voting members were present: Thomas D.Ippolito and Richard M.Vaillancourt.
Upon a motion by Richard J.Byers and 2°d by David R. Webster the Board voted to GRANT a
dimensional Variance from Section 4,Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw for relief of 30'from
the setback requirements for new permanent structures in the Watershed Protection District's Non-
Disturbance Zone for lots created after 1994 in order to construct a proposed 24'x36' 3-stall detached
garage;per:
Site: 58 C�oun Club Circle(Map 64,Parcel.150),,North Andover,MA 10845
Site Plan Title: Proposed Site Plan at 58 Country Club Circle in North Andover,MA.,
prepared for:Donald D.&Debra M. Stanley,58 Country Club Circle,North
Andover,Massachusetts
Date(&Revised Dates): November 9,2006,Special Permit review comments dated 12/14/06[for]
revision 1, 1/4/07
Registered Professional John B.Paulson,no. 31725,Atlantic Engineering&Survey Consultants Inc.,
Land Surveyor: 97 Tenney Street—Suite 5—Georgetown,MA 01833
Sheet/Drawing: Job no. A0606-08
Page I of 3
1600 Osgood Street Building 20-Suite 2-36,North Andover,Massachusetts 01845,
Phone-978-688-9541 Fax-978-688-9542 Web-xvw-%v.townofhorthandover.coin
{
Town Clerk Time Stamp
Town of North Andover P_
r, �f,� .
T ti� ,.: �.
ZONING BOARD OF APPEALS r,, ° r^F n...
Albert P.Manzi II);Esq.Chairman -
Ellen P.McIntyre, Vice-Chairman of %+O pTk qa 2067 APP _ PM' 2,
Richard J.Byers,Esq.Clerk r �s .,°*, o J 3
Joseph D.LaGrasse o 4*+' oZ. oil
:: :.. ..
David R.Webster 7° ' o+i 1'"• w,'
Associate Members
Thomas D.Ippolito °�9 .� •:... * �' 1`.L ` !
Richard M.Vaillancourt A�RAiED 01 �y
Daniel S.Braese,Esq. 9SSacHus��
Building Plan Title: Stanley Residence Garage,58 Country Club Circle,North Andover,MA
01845
By: Ronald N.Laffely,Registered Architect,Fulcrum,Inc.Architects,22
Lafayette Rd,Salisbury,MA 01952
Date: 1/15/07
Sheet/Drawing: SK-1
With the following conditions:
1. This decision,2007-001,is subject to and conditioned upon the Planning Board decision for
58 Country Club Circle dated February 6,2007 and incorporated by reference herein.
2. The 3-stall detached garage shall not be used for living space unless approved by the Town
of North Andover.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Davi;
R.Webster. Unanimous vote 5 to 0.
The Board.finds that owing to circumstances relating to the abutting wetlands,the front yard ledge;and the
comma shape of Map 64,Parce1150,especially affects 58 Country Club Circle but does not affect
generally the Residential-1 zoning district and Watershed Protection District in which it is located. The
Board finds that a literal enforcement of the provisions of Section 4,Paragraph 4.136.3.60 and Section
10,Paragraph 10.4 of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the
petitioner. The Board finds that there was no written or spoken opposition. The Board finds that the
proposed location will cause the least impact on the intent of the Watershed Protection District to preserve
the Town's drinking water by the proposed use of pervious paving and Best Management and Engineering
Practices. 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 or purpose of the North Andover
Bylaw.
Note: 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 aacilor
Special Permit 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.
Page 2 of 3
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com
Town Clerk-Time Stamp
Town of North Andover RECFAVED
C
Tg,v ..
.,:
ZONING BOARD OF AP". y
Albert P.Manzi IIL Esq.Chairman 200'APR -5 PM12: 553
Ellen P.McIntyre,'Vice-Chairman T%ORT11
Richard J.Byers,Esq.Clerk
Joseph D.LaGrasse 0
David R.Webster U011TH AND
Associate Members
Thomas D.Ippolito 4
Richard MVaillancourt oArgo
Daniel S.Braese,Esq. C HU
Furthermore,if the rights authorized by the Variance are not exercised within One(1)year of the date of
the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a
Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)
year period from the date on which the Special Permit was granted unless substantial use or construction
has commenced,it shall lapse and may be re-established only after notice,and a new hearing.
No Andover Zonis and ofkppeals
t P.Manzi, IEN.,Chairman
lien P. RMcIntyre, Hice Chairman
Richard J.Byers,Esq.,Clerk
Joseph D.LaGrasse
David R.Webster
Decision 2007-001.
M64P150.
Page 3 of 3
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofhord=dover.coqi
pORTy
OF tt. o a'9.t.0
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211,03 FEB 28 FF, 1 : 18
ATTEST: PLANNING DEPARTMENT
A True Copy Community Development Division
1600 Osgood Street !%i i
Town (yl( rl,
North Andover,Massachusetts,01845 f` c
it"wv .. ..........I i ..:
Phone:978-688-9535
Fax:978-688.9542
NOTICE OF DECISION
Any appeal shall be filed B t: 10 8"7 8 P s 12 0 X 2 4 9 4 5
within (20) days after the 08-15-2007 a 01. m 29P
date of filing this notice in
the office of the Town Clerk.
Date: February 27,2006
Date of Hearing: January 2,2007,
February 6,2007
Date of Decision: February 21,2007
Petition of- Donald D.&Debra M.Stanley
58 Country Club Circle
North Andover,MA 01845
Premises Affected: 58 Country Club Circle, North Andover, MA 01845, Map 64, Parcel 150,
within the R-1 zoning district.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Section 4.136.3(cii), (1),(2),(5)&(6).
So as to allow: to construct a proposed detached 24'x 36' garage and underground drainage structures
within the Non-Disturbance buffer zone of a wetland of the Watershed Protection District.
After a public hearing given on the above date,and upon a motion by John Simons and 2nd by Jennifer Kusek
to APPROVE a Watershed Special Permit as amended and based upon the following conditions. Vote was
5-0 unanimous in favor of the application.
On behalf of t e North And er Planning Board
Richard Nardella,Chairman
John Simons, Vice-Chairman
Alberto Angles
Richard Rowen
Jennifer Kusek
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
e
58 Country Club Circle
Map 64, Parcel 150
Watershed Special Permit-Construction of 24' x 36' Detached Garage
The public hearing on the above referenced application was opened on January 2, 2007 and closed by the
North Andover Planning Board on February 6, 2007. On February 6, 2007, upon a motion made by John
Simons, and seconded by Jennifer Kusek to GRANT a Watershed Special Permit as amended in order to
construct a 24' x 36' 3-stall detached accessory garage within 120' of a isolated wetland resource area within
the Non-Disturbance Zone of the Watershed Protection District
The proposed 3-stall detached garage and underground drainage structures are located at 58 Country Club
Circle,North Andover, Massachusetts, 01845, Assessors Map 64, Parcel 150 and is located within the Non-
Disturbance and Non-Discharge Zones of the Watershed Protection District under the requirements of
Section 4.136& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Donald D.
and Debra M. Stanley, 58 Country Club Circle, North Andover, MA 01845. The applicant submitted a
complete application, which was noticed on November 7, 2006, and reviewed in accordance with Section
4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9.
The Planning Board voted on the motion by unanimously in favor of the Special Permit. A special
permit issued by the special permit granting authority requires a vote of at least four members of a five-
member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria, are met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The
Planning Board bases this finding on the following facts:
a) The proposed detached 3-stall garage will not require a connection to the Town sewer and water
systems from Country Club Circle;
b The topography f i w' not be altered substantially. The construction of the arae and
opograp y o the site will y garage
installation of the proposed stormwater management structures will use Best Management and
Engineering Practices and not substantially alter the topography of the site;
c) The limit of clearing and Impact is restricted to the minimum necessary ryto construct the proposed
detached 3-stall garage;and
d) The construction of the proposed detached 3-stall garage and drainage structures have been reviewed
by the Town's outside consultant, Town Planner,and Conservation Department and determined that
there will be no degradation to the quality or quantity of water in or entering the isolated vegetated
wetland or Lake Cochichewick.
2) There is no reasonable alternative location outside the General and Non-Disturbance Zones for any
discharge, structure or activity.
ATTEST:
A True Copy
/3�Q.`6aaaA4--
2 !f Town Clerk
i
58 Country Club Circle
Map 64, Parcel 150
Watershed Special Permit-Construction of 24' x 36' Detached Garage
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion
controls have been placed on the site;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw;
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
i
1) Final approval of this Special Permit by the Planning Board is conditional upon the Zoning Board of
Appeals granting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw to
allow the construction of 3-stall detached garage (permanent structure) 120' from an isolated wetland
resource area within the Watershed Protection district's Non-disturbance Buffer Zone.
2) No impervious surfacing shall be used in construction of the driveway expansion. The applicant shall
use pervious pavers (or similar application) for the proposed driveway expansion to the 3-stall
detached garage.
3) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board. This
Watershed Special Permit may only be used in conjunction with the Site Plan Special Permit for these
same premises:
a) The garage will not be connected to Town water or sewer. :
b) The garage will not contain an established living area nor will there be any expansion allowed.
c) Roof gutter drains be connected to infiltrators as shown on the plans.
4) Prior to issuance of a building permit:
a) A performance guarantee bond of one thousand dollars ($1,000.00) made out to the Town of North
Andover must be posted to insure that the construction of the garage,erosion control measures, and
performance of any other condition contained herein will take place in accordance with the plans
and the conditions of this decision and to ensure that the as-built plans will be submitted.
b) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
5) Prior to release of the Performance Bond:
a The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
a
Massachusetts that shows all construction, including management services an storm water n g d
other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The
ATTEST:
A True Copy
3 .a.4q -
Town Clerk
58 Country Club Circle
Map 64, Parcel 150
Watershed Special Permit-Construction of 24' x 36' Detached Garage
applicant must submit a certification from the design engineer that the site was constructed as shown
on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
6) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
9) This special permit was issued on February 6, 2007, however,this Special Permit shall be deemed to
have lapsed after a two (2)year period on February 6, 2009 unless substantial use or construction has
commenced.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Proposed Site Plan
At 58 Country Club Circle in
North Andover, MA
Prepared for: Donald D. &Debra M. Stanley
58 Country Club Circle
North Andover,MA 01845
Prepared by: Atlantic Engineering&Survey Consultants Inc.
97 Tenney Street, Suite 5
Georgetown, MA 01833
Scale: 1"=20'
Date: November 9, 2006, Revised 1/4/07
Sheets: 1
ATTEST:
A True Copy
4 y
Town Clcr1-
JF n
ESSEX NORTH ROUST F DEEDS
LAWRENCE,MASS.-
A TROF COPYATT
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Conditions Certificates Documents
Work Category Date Filed Units Gained Units Lost
01�16l2007! r _e,.m.
Work Location
Proposed Use
58 COUNTRY CLUB CIRCLE
Plans Submitted Plan Number Submitted On Comment
r`Yes r'No !
Project Name
�� Description of Work
= dimensional Variance from Section 4
Owner STANLEY,DONALD D More Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw
Address 58 COUNTRY CLUB CIRCLE for relief from the setback requirements for
NORTH ANDOVER,MA 01845 new permanent structures in the Non-
Phone Fax Disturbance Zone for lots created after 1994 of
the Watershed Protection District in order to
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Licende: CS 45411
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15 EVANS PLS - -
AMESBURY,MA 01913" Commissioner
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AMESBURY,MA 01913 - Administrator
Ede List Management Help
084.0 0150 58 COUNTRY CLUB CIRCLE
Deta�1s people Inspections Certificates Conditions Approyals I Documents
Permit Ho. BP-2011-0833 -� '
Work Category Residential Alteration
Tracking Ho. BP-2011-772 ; Construction Class
j Work Location 58 COUNTRY CLUB CIRCLE Estimated Cost $43,950.00
Status OPEN Tax Id.
Inspector Zoning
Date Submitted05/1902011 Use Group
Approved OnWater
Approved By Sewer
Amended On Dig Safe#1,.r.r..r.o.......
Expires On 111!1912011 Fire Grading
Date Issued 05/1902011 Live Load fl
Date of Occ. Occupancy Load
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Details LPeoplej Inspections Certificates Conditions Approvals Documents
Permit No.BP-2008-0184 Work Category Addition to single-family dwellii
Tracking No.BP-2008-139 Construction Class '
Work Location 58 COUNTRY CLUB CIRCLE Estimated Cost $109,000.00 jj
Status Expired Tax Id.
Inspector Zoning
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Date Submitted 08,t21!2007 Use Group E
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Approved On Water
Approved By Sewer
Amended On Dig Safe#
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Date Issued 08,11(2007 Live Load
Date of Occ. Occupancy Load
Alt.Tracking No.
Comment 1�
De*c of Work ITHREE STALL GARAGE ADDITION
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Bk 10783 Ps 141 -wo-17458
06-07-2007 OP-11141i'A350
Town of North Andover -
EIVED
r
n
ZONING BOARD OF APPFAU�,,_
Albert P.Manzi R Esq.Chairman
Ellen P.McIntyre, Vice-Chairman 0*10'-f- 0 14ORTFI 2007APR -5 PM �: ,5,3
Richard J.Byers,Esq.Clerk-
Joseph D.LaGrasse 0 ATTEST!
David R.Webster
A True Copy
Associate Members
Thomas D.Ippolito ,
Richard M.Vaillancourt
Daniel S.Braese,Esq. �ssACHUS Town Clerk
This is to certify that twenty(20)days
have elapsed from date of decision,filed
,without filing of an appeal.
Any appeal shall be filed within Notice of Decision Date Qz�4u.
JOY00.StAdshaw
(20)days after the date of filing Year 2007 TM Clofk
of this notice in the office of the
Town Clerk,per Mass.Gen.L.ch.
QAJ17 . Property at: 58 Country Club Circle
NAME: Donald D.Stanley HEARING(S): February 20&March 13,
2007
ADDRESS: 58 Country Club Circle PETITION: 2007-001 --
North Andover,MA 01845 TYPING DATE: March 20,2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top
floor meeting room, 120 main Street North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon
the application of Donald D.Stanley,58 Country Club Circle(Map 64,Parcel 150),North Andover
requesting a dimensional Variance from Section 4,Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw for relief
from the setback requirements for new permanent structures in the Non-Disturbance Zone for lots created
after 1994 of the Watershed Protection District in order to construct a detached 3-stall garage. Legal
notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of
general circulation in the Town of North Andover,on January 22&January 29,2007.Said premise affected
is property with frontage on the North side of Country Club Circle within the R-1 zoning district.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,
Albert P.Manzi,III,and David R-Webster.
The following non-voting members were present: Thomas D.Ippolito and Richard M.Vaillancourt.
Upon a motion by Richard J.Byers and 2nd by David R.Webster the Board voted to GRANT a
dimensional Variance from Section 4,Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw for relief of 30'from
the setback requirements for new permanent structures in the Watershed Protection District's Non-
Disturbance Zone for lots created after 1994 in order to construct a proposed 24'x36'3-stall detached
garage;per:
Site: 58 Country Club Circle(Map 64,Parcel 150),,North Andover,MA 10945
Site Plan Title: Proposed Site Plan at 58 Country Club Circle in North Andover,MA.,
prepared for:Donald D.&Debra M. Stanley, 58 Country Club Circle,North
Andover,Massachusetts
Date(&Revised Dates): November 9,2006,Special Permit review comments dated 12/14/06[for]
revision 1, 1/4/07
Registered Professional John B.Paulson,no. 31725,Atlantic Engineering&Survey Consultants Inc.,
Land Surveyor: 97 Tenney Street—Suite 5—Georgetown,MA 01833
Sheet/Drawing: Job no.A0606-08
Page I of 3
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845-
Phone-978-688-9541 Fax-978-688-9542 Web-xvwtiv.toNNnofiiorthando-.,er.coir,
Town Clerk Time Stamp
v
Town of North Andover
CEI
ZONING BOARD OF APPEALS 'e y
Albert P.Manzi III•,Esq.Chairman
Ellen P.McIntyre, Vice-Chairman Of NoRTy q� 20Di Aad — t �3s
ttec
Richard J.Byers,Esq.Clerk 3� ,yes .,°•6 0` �' J
Joseph D.LaGrasse o
David R.Webstert ;,
a`
`RTIN
Associate Members ': ,` £''
Thomas D.Ippolito '� 04 C1
�^
Richard M.Vaillancourt AVa,t�o
Daniel S.Braese,Esq. 9SSACHt1s�(
Building Plan Title: Stanley Residence Garage,58 Country Club Circle,North Andover,MA
01845
By: Ronald N.Laffely,Registered Architect,Fulcrum,Inc.Architects,22
Lafa ette Rd,Salisbury,MA 01952
Date: 1/15/07
Sheet/Drawing: SK-1
With the following conditions:
1. This decision,2007-001,is subject to and conditioned upon the Planning Board decision for
58 Country Club Circle dated February 6,2007 and incorporated by reference herein.
2. The 3-stall detached garage shall not be used for living space unless approved by the Town
of North Andover.
Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Davi
R Webster. Unanimous vote 5 to 0.
The Board finds that owing to circumstances relating to the abutting wetlands,the front yard ledge;and the
comma shape of Map 64,Parcel 150,especially affects 58 Country Club Circle but does not affect
generally the Residential-1 zoning district and Watershed Protection District in which it is located. The
Board finds that a literal enforcement of the provisions of Section 4,Paragraph 4.136.3.c.ii.3 and Section
10,Paragraph 10.4 of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the
petitioner. The Board finds that there was no written or spoken opposition. The Board finds that the
proposed location will cause the least impact on the intent of the Watershed Protection District to preserve
the Town's drinking water by the proposed use of pervious paving and Best Management and Engineering
Practices. 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 or purpose of the North Andover
Bylaw.
Note: 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 an�Yor
Special Permit 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.
Page 2 of 3
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com
Town Clerk Time Stamp
Town of North Andover F?ECE:1vE:n
ZONING BOARD OF APPEALS'
Albert P.Manzi Ul,Esq.Chairman APR
Ellen P.McIntyre, Vice-Chairman F 'AORT01 qa P r, 2: 55 3
Richard J.Byers,Esq.Clerk
Joseph D.LaGrasse
#,-
David R.Webster ORTil
Associate Members PIAS
Thomas D.Ippolito
Richard M.Vaillancourt
Daniel S.Braese,Esq. ACH
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of
the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a.
Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)
year period from the date on winch the Special Permit was granted unless substantial use or construction
has commenced,it shall lapse and may be re-established only after notice,and a new hearing.
NAqAndover of peals
be
rt P
P.Manzi,a sq.,Chairman
Hen P.McIntyre, Vice Chairman
Richard J.Byers,Esq.,Clerk
Joseph D.LaGrasse
David R.Webster
Decision 2007-001.
M64P150.
Page 3 of 3
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofhorthandover.com
M
ESSEX NORTH REGISTRY OF DEEDS
LAWRENCE,MASS.
A TRUE COPY..ATTEST.
9EGMGTCp OF DEEDA
RECEIVED
'j Lif�, r'i I:p!" Q rIC
TOWN OF NORTH ANDOVER VA 111 p 1 8: 33
ZONING P
0 IMG �O�RD OF APPEALS
NAME:
ADDRESS OF APPEAL: `_� 11141t 3
r1("1 {N..TCiNp C:erk+';7?;tet; 1p
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty (30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the 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
specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the
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:
STEPS 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
3oard 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
'TEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty(20)days after
The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk.
a certified list of Parties in Interest(abutters).
STEP 10: RECORDING THE DECISION AND PLANS.
STEP S: 3UBMIT APPLICATION: The petitioner is responsible for recording certification cl
Petitioner submits one (1)original and ten (10)Xerox the decision, the Mylar, and any accompanying plans at
i:,opies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, ;.81
::ffice to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete i:he
and (late of filing. The original will be left at the i uwn Certification of Recording form and forward it to the
r__' Office, and the 10 Xerox copies will be left with Zoning Board of Appeals.and to the Building
'oninq Board of Appeals secretary. Cepartment.
''APQRT.ANT PHONE NUMBERS:
,ffce of Community Cev. x :'�i�,;r�as °,'orth Andover T.,.gym Hall
"r00 Osgood Street, 120 Nlain Street
North Andover, ;MA 01845 978-688-9501 T, wig t serk:s ir;frce
r, 3X`or Community Deve!orir¢nt _tfi!:v:s 978-�i88-9586 '.3sessor's Office uitding Lepartment
,lit'''' ��1`tl�1 :ring 13o:ird of..Appeals<'fxra ?AGE orf l}
BOARD OF APPEALS
PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E
Please complete all items.1 -10 below:
1. Petitioner: *Name, *Address and telephone number:
5-8 COLA-y, r-%,, GACA-17 C-;rC't— I\Jinr`Yh / y%rl tiV r Ma. o i ags-
s'I8- X57- 1451?
*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:
Dc,v,,atat 7, Skar\1ey
SR C1c.cri4-1„ Gu6 Cir-Ae-- Nn4, AAclovc-r HA018y5-
q'78- 857-
l8yS('i8- 8 7- 1451
Years Owned Land: S;,(
3. Location of Property:
a. Street: 58 Cot tcx Qu , Q rte- Zoning District: -I
b. Assessors: Map number: GH Lot Number: 15o
c. Registry of Deeds: Book Number: 5 7A 1 Page Number: 71
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
4.136 . 3 . C. i►.(3)
`Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance request:
Cori-i-Jr cl'cr. nP A 11-r, rut fL i).. JI Nor. 1 '�EurF�av�
2er�t-
The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.
Failure by the applicant to describe the request clearly
may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not involve additional items not included above.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A.-N�A _ A % AJAN A
B. %
Page 3of4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E
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
,q 1.'%. {It.1 8 t, 1-70 Cp.87o 175-5 3 37.7 30.7 sl. ( 4G,.3
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
'i tZl 90.30 IT-P, 17S 5 87. 7 30.? 33.5 4 6.3 Gafa��
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
7.Izo W /A _ ( ZS _ 30 30
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors S *"
BA-0
feet -� Building* of Units
(,CG0C> BA-00� Izrs;Je-n�i al I
*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"
8Coy a a I 17028 AccessorGaya
*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 oning Board of this application as incomplete.
Signature: I
Type above name(s) here: �� a,��/� �, d�"��✓z�%
PACE 4 0F4
VARIANCE
9. WRITTEN DOCUMENTAMN A 0. 3. 'plan ",; ifications:
;application for a Variance must be supported by a f) Size of plan: Ten (10 ) caper copies of a pian not
legibly written or typed memorandum setting forth in to exceed 11°x17", preferred scale of 1"=40'
,etail all facts relied upon. When requesting a Variance IT) One(1)Mylar,with one block for Registry Use
rom the requirements of MGLA ch.40A, Sec. •10.4 and Only, and one block for five (5) ZBA signatures S date.
she North Andover Zoning By-laws, all dimensional R Plan shall be prepared, stamped and certified by
requirements shall be clearly 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. 1) Site Orientation shall include:
B. The circumstances relating to soil conditions, shape 1. north point
or topography 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(if applicable)
district in which the property is located. 5. abutters of property, within 300' radius
C. Fads 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.
;pith respect to the land or building for which the D) Legend&Graphic Aids shall include:
variance is sought. 1. Proposed features in solid lines&outlined in red
D. Fads 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. Irate 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 ZBA 'Minor projects,such as decks, ::sheds,and garages,
application. shall require only the plan information as indicated with
an. asterisk(I. In some cases further information may
10. PLAN OF LAND - required.
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Pians 11. APPLICATION FILING FEES
must be submitted with this application to the Town •t1.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-
prior to the public hearing before the Zoning Board of `i22-1760-4541" for the cost of first class, certified,
._ppeals. :•etum receipt($4.64 as of-January 2006)x#of all
P arties in interest identified in MGLA ch. •40A§11 on the
A set of building elevation plans by a Registered abutters list for the legal notice check. Also, the
Architect rimy be required when the application )pplicant shall supply first class postage stamps
nvolves new constnuction/conversion/andlor a
'currently 39¢)x the#of parties of intereston the
proposed change in use. butter's list for the decision mailing.
.1. 9. Mailing !abels: :Applicant shall provide four 4)
0. A. lajor Projects -its of mailing labels no larger than 1"x2-5/8"(3 c-:pies
'ajor projects are those, which involve one of the or the Legal, and one copy for the Decision mailing).
{:llcwing :whether F,3xistinq or prcpnsed: J 1•C. ;,cplicant shall provide a ,heck or money,)i71er
f) five 1'5) or more parking spaces. i:o: 'Tcwn of North,Andover' oer 2005 Revised Fee
f)three ;3) or more dwelling units,
Schedule.
i1).2.000=quare rest of building area. ,A Var arse dm a i1ranted ')y f a *13A°f°alt '-?pne `n
„a�jor :?jf�CtS steall r a,uire, that in addition to the " I3:3< •1 °•f)ne)year if:rot exercised and a new petition�1 oust
cr?s, -dint the;clans show dotailed ;�ti!ities, -arils, `e-%br: toed. 4
�i 1cpc9r:�pnic in crm:tion.
N°RTN Zoning Bylaw Review Form
;_•'_'��' Town Of North Andover
Building Department
_ . 1600 Osgood Street, Building 20,Suite 2.36
,SSACNUS A North Andover,MA.01845
Phone 978-688-9545 Fax 978-688-9542
Street: 58 Count Club Circle
Ma /Lot: 64/150
Zoning District R-1 Resident!at 1
Applicant: Donald Stanley
Request: Detached 3-stall garage
Date: 1-11-07
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Fronta a Insufficient
2 Lot Area Preexisting 2 Frontage Com lies X
3 Lot Area Complies X 3 Preexisting fronts e
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed X G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
X
4 Special Per d
3 PreexistingCBA
Permit Required e
q
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply X 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies X
3 Left Side Insufficient 3 Preexistin Hei ht
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 X
1 Not in Watershed 4 Insufficient Information
2 In Watershed X j Sign
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 1 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District I( Parking
1 In District review required 1 More Parking Required
2 Not in district X 2 Parkin Complies X
3 Insufficient Information
Remed for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit D-2 Non-Disturbance Buffer Zone Variance
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit S ecial Permits ZoningBoard
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Special Permit Use not Listed but Similar
Permit
Planned Residential Special Permit Special Permit for 2 Unit
R-6 Density Special Permit Special Permit Pre-existing,Non-
Conforming
X Watershed Special Permit Supply Additional Information
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 uilding department will retain all plans and documentation for the above file.You must file a new building permit
application fo nd begin the perm ' g ss.
6
Buildin Depa ant Official Si ature pplicat' n Rec6ived 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 building permit for the
property indicated on the reverse side:
Review Reasons for Denial&Bylaw Reference
Form Item
Reference
A dimensional Variance from Section 4.136.3.c.ii.3 is required from the
Zoning Board of Appeals in order to construct the proposed detached 3-stall
garage within the 250'Non-Disturbance Zone.
4.136.c.ii."3."Construction of a new permanent structure only after a variance
has been granted by the Zoning Board if Appeals."
D/2 A Watershed Special Permit through the Planning Board is required from
Section 4.136 of the Zoning Bylaw as the Special Permit Granting Board for
the Watershed Protection District.
Referred To:
Fire Health
Police X Zoning Board of Appeals
Conservation Department of Public Works
X Planning Historical Commission
Other BUILDING DEPT
ZoningBylawDenia12000
i v i Date.5//.�`//1. .
t
• NGRTh
TOWN OF NORTH ANDOVER
PERMIT FOR PLUMBING
�o.
,SSACMUSE�
This certifies that . . . . . . . . . ... . -.'. .`. . . . . . . . . . . .
has permission to perform . . . .Iv.e . .
�.�plumbing in the buildings of . . . . . .. . . . . . . . . . . . . .
at , . . .5 . . . . /e,,"j-1 j! ' /?C-/. ., North
pAndover, Mass.
Check #
5 PLUMBING INSPECTOR
MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING
City/Town: MA. Date: 5--0— -/-/ permit#
Building Location: ,A C U Owners Name: do
Type of Occupancy: Commercial❑ Educational❑ Industrial❑ Institutional❑ ResidentialK
New: Alteration:❑ Renovation:❑ Replacement: ❑ Plans Submitted: Yes❑ No❑
FIXTURES
DEDICATED
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.SUB BSMT.
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BASEMENT
1sT FLOOR
2ND FLOOR
3RD FLOOR
4T"FLOOR
5T"FLOOR
CH FLOOR
7'FLOOR
8T"FLOOR
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Installing Company Name:
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I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL.Ch.142 Yes--A
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OWNER'S INSURANCE WAIVER:I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the
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Signature of Owner or Owner's Agent Owner ❑ Agent ❑
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A liability insurance policy Other type of indemnity ❑ Bond ❑
OWNER'S INSURANCE WAIVER:I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the
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Check One Only
Signature of Owner or Owner's Agent Owner El Agent El
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accurate to the best of my Knowledge and that all plumbing work and installations performed under the permit issued for this application will be in
compliance with all Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws.
13y Type of License:
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Title ❑Gas Fitter i ure a lumber/Gas Fitter
❑Master
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Atlantic Engineering&Survey Consultants,Inc. John B.Paulson,P.L.S.President
97 Tenney Street • Georgetown,MA 01833 George J.Zambouras,P.E.
978-352-7870 • 978-352-9940(fax) • atlantic84@cs.com
January 8,2007
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover,Ma. 01845
Attn: Gerald Brown
Zoning Enforcement Officer
Subject: #58 Country Club Circle
Section 9—Variance Application Points A-F
Dear Board,
In accordance with the Zoning regulations of the Town of North Andover and on behalf of my
client, I am filing an application for a variance from section 4.136.c.ii.3.for the construction of a new
permanent structure within the Non-Disturb Buffer of the watershed protection district. Please find
below Application Points A-F which identify the particular site conditions existing on the subject
property for which the literal enforcement of the zoning law would cause hardship to the Applicant,
and would be contrary to the public good and intent of the law.
A. The specific variance request is for the construction of a new permanent structure within the
Non-Disturb Buffer Zone(extending between 75' and 150' from a wetland resource area) in the
watershed protection district. This request is being made for the construction of an accessory
garage with a gross floor area less than 25%of the existing structure on the lot.
B. The particular circumstances of the lot's shape make a large portion of the property unusable
for a garage. The horse neck shape of the lot leaves the neck portion extending toward the
wetland resource area, as well as sloping away from the street. The head portion of the lot,
where the existing dwelling and driveway are located,presents the only feasible location for the
construction of a garage. The topography and geology of this portion of the lot further restrict
the possible locations for the proposed structure. The large bedrock outcrop in the front of the
yard and the resultant steep slopes prevent the use of the area for construction of an accessory
building.Rearward of the proposed garage location,the lot slopes steeply toward the wetland
resource area. These specific shape and geologic conditions,which exist on this lot, do not
affect the rest of the zoning district.
C. The removal of the bedrock outcrop,or the construction of a long sinuous driveway stretching
into the rear yard in order to access a garage built on the existing lawn would result in
significant hardship. The existing configuration of the driveway,home and the presence of the
bedrock outcrop make the construction of the garage at the front of the house inappropriate for
both the homeowner and the neighborhood, and would present significant financial hardship in
increased construction costs. Alternatively,the loss of the rear yard presents a significant
aesthetic loss as well as a resale value loss to the property. Furthermore locating the garage in
the rear yard would require substantially more paving, grading and more extensive excavation
within the Non-Discharge Buffer Zone(extending from 150' to 400' from a wetland resource
area). This would therefore be contrary to the intent of the bylaw,which in other cases serves to
limit the amount to activity and construction in the buffer zones of the watershed protection
district.
D. The reduced area and scale of disturbance caused by the construction of the garage in the
proposed location will support a finding that the relief sought will be desirable and without
substantial detriment to the public good.
E. The specific lot configuration,topography and geologic formations on the site, in conjunction
with the benefits of limiting the scale of the proposed construction will support a finding that the
relief sought may be given without nullifying or substantially derogating from the intent or
purpose of the Zoning Bylaw.
F. This application is not for a variance from(7.1.1)Contiguous Buildable Area and so no RDA
from the Conservation Commission is required.
If you have any questions please do not hesitate to call.
Sincerely,
I
regory C.Dolan
Atlantic Engineering& Survey Consultants, Inc.
Cc: Donald Stanley
Jay McPartland
i
y
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listinq
REQUIREMENT: MGI.40A,Section 11 states in part`Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Subject Property;
MAP PARCEL Name Address
64 150 Donald D.Stanley 1/ 58 Country Club Circle,North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
64 151 Bernard Kelly t,�rl Country Club Circle,North Andover,MA 01845
64 152 Stephen Mader (i45 Country Club Circle,North Andover,MA 01845
64 75 Scott Dell'Orfano ✓<4 Country Club Circle,North Andover,MA 01845
64 29 Donald Stanley t/165 Great Pond Road,North Andover,MA 01845 I�J
64 71 John Mcdermott v475 Great Pond Road,North Andover,MA 01845 Vf Grf'
64 17 Daniel Hennessy ti605 Great Pond Road,North Andover,MA 01845
64 6&7 North Andover Country Club vt Great Pond Road,North Andover,MA 01845
37.A 29 Old North Andover Realty Tr 69 Old Village Lane,North Andover,MA 01845
This certifies that the names appearing on the
records of the Assess Office as of
-O
Certified b : Date D