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Home My WebLink AboutMiscellaneous - 595 BOXFORD STREET 4/30/2018 (2) NEW-- 595 8.C-00 0 STREET 2101105.0-00060000.0 r i�f �- �, -. �� 1 e ...fl � 1Y. '' �� W Q ��' ,T,eAp S ,1ORTH ot O S Y Y 1sSACHUS�t NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 01845 FAX(978)688-9542 TO ALL CONCERNED PARTIES, PLEASE BE ADVISED OF THE FOLLOWING RESCHEDULED MEETINGS OF THE ZONING BOARD OF APPEALS. . The North Andover Zoning Board of Appeals has rescheduled the public hearing portion of their June 8, 1999 meeting to the following date: Tuesday, June 22, 1999, relative to the following public hearing petitions: NorthEast Storage Corp, Chris Jenkins, Dutton & Garfield, Inc., Michael & Margaret Mannion, Andrew& Maureen Heinze, Walter&Virginia Wilson, Christopher&Audrey Surette, A.L. Prime Energy, Inc., Terry R. Stonecipher. Location of the meeting: North Andover Senior Center, 120R Main Street. Time of the meeting: 7:30 PM. By order of the Chairman of the Zoning Board of Appeals, William J. Sullivan MI/citzen BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATICN 698.9530 HEALTH 68S-9540 PLANNINU 688-9535 i t 40RTII 1 N P 3SACHUS P NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACI-METTS 01841 FAX(978)688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday tha-8�day of June 1999, at 7:30 PM to all parties interested in the appeal of Walter A. & Virginia Wilson, 595 Boxford St., No. Andover, requesting a Variance from the requirements of Section 7, P7.1.1 & 7.2 for relief of Contiguous Buildable Area and for relief of street frontage of Table 2, to change lot lines to permit the sale of proposed new lot 2A having the required area but lacking 75% CBA required by new zoning bylaw. Remaining land consisting of 9.70 acres with existing home thereon also needs variance for CBA requirement. Premises affected is area with property with frontage on the South side of Boxford St. which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. I B Order of the Board of Appeals, Y pP William J, Sullivan, Chairman Published in the Eagle Tribune on 5/25/99 & 6/1/99. �m sn(nCo� mccoa.1-w<C�.i �7�NDa�D�(»O�0ow��o-i ; v°cniVm<P� c 7m920:� aVDU70- �oa °— m"Zi _ apMOZ 111 -. ° o nmN)* - eI w .Dn°° ;—,4 Legalnov/24 K o=aZ"wy�� mwonMmM oo. -,<y p °c0°� �teaj _ sQo3 °� DaO0 11 1 ID � Z M EF :'-0�. "0 Ma ON �-°� < O 0 !3Gm@ r� DNv : O�maHmu , w :-4D 0 y �m� AWw � wm � r,a? w>j , Co CA r ED ;3 0mm° (Q'-ma �7ID N0ID M�<0 D°N6C�D�a7m°_'�»m-° Bw,RD OF.AFPF-1-LS 688-9541 BUILD[NGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANLMNU 688-951 t MORTh , I O Sao ,s tid r: �? IO YC,j` �' J T O fl l?i '-kc� HUS..��j� NORTH! ^�C TOWN OF NORTH ANDOVER JUL to 3 O9 MASSACHUSETTS OF APPEALS OTICE OF DECISION C roperty at:595 Boxford St. DATE:7115199 I PETITION:017-99 I HEARING:6122/99&7113/99 uesday evening, July 13, 1999 upon the application of Walter A. & ,requesting a Variance from the requirements of Section 7, P7.1.1 or relief of street frontage of Table 2,to change lot lines to permit `lne z5alu -N��,,.,�.. .•-...-.,._-.__..�„4d area but lacking 75%CBA required by new zoning bylaw. Remaining land consisting of 9.70 acres with existing home thereon also needs a variance for CBA requirement.The property is in the R-1 Zoning District. The hearing was advertised in the Lawrence Tribune on 5125199&611/99 and all abutters were notified by regular mail. The following members were present:William J.Sullivan, Raymond Vivenzio, Robert Ford,John Pallone. Upon a motion made by Raymond Vivenzio and 2nd by John Pallone,the Board voted to GRANT a Variance from section 7, P7.1.1 &7.2 for relief of CBA of 55%for Lot#2A, and relief of CBA of 51%for Lot#3B this relief is required due to soil,shape and topography(surrounding wetlands),and also relief of street frontage of 25'in accordance with the Plan of Land submitted by: Merrimack Engineering Service,Jeffrey S Hofmann, P,L.S.,#36381, dated:7112199. Ellen McIntyre. Voting in favor: William J. Sullivan, Raymond Vivenzio, Robert Ford,John Pallone. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions,shape,or typography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant, and 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 this Bylaw. Note: The granting of the Variance and/or 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 and building codes and regulations,prior to the issuance of'a building permit as requested by the Building Commission. By order of the Zoning Board of Appeals I William J. Sulliv n, Chairman mi/1999decisionl25 / HORTF� ION • J TO-dN � SAC NORTH. A l'dE.. JHUS H. TOWN OF NORTH ANCOVER JUL )O 3 09 � MASSACHUSETTS c. BOARD OF AFFE,ALS Any appeal shall be filed within(20)days after the date of filing of this notice NOTICE OF DECISION in the office of the Town Clerk. Property at: 595 Boxford St. NAME:Walter A. &Virginia Wilson DATE:7115199 ADDRESS: 595 Boxford St. PETITION: 017-99 North Andover, MA 01845 HEARING:6/22199&7/13199 The Board of Appeals held a regular meeting on Tuesday evening, July 13, 1999 upon the application of Walter A. & Virginia Wilson, 595 Boxford St., North Andover, requesting a Variance from the requirements of Section 7, P7.1.1 &7.2 for relief of Contiguous Buildable Area and for relief of street frontage of Table 2,to change lot lines to permit the sale of proposed new lot 2A having the required area but lacking 75%CBA required by new zoning bylaw. Remaining land consisting of 9.70 acres with existing home thereon also needs a variance for CBA requirement.The property is in the R-1 Zoning District. The hearing was advertised in the Lawrence Tribune on 5/25/99&611/99 and all abutters were notified by regular mail. The following members were present:William J.Sullivan, Raymond Vivenzio, Robert Ford,John Pallone. Upon a motion made by Raymond Vivenzio and 2'by John Pallone,the Board voted to GRANT a Variance from section 7, P7.1.1 &7.2 for relief of CBA of 55%for Lot#2A,and relief of CBA of 51%for Lot#38 this relief is required due to soil,shape and topography(surrounding wetlands),and also relief of street frontage of 25' in accordance with the Plan of Land submitted by: Merrimack Engineering Service,Jeffrey S Hofmann, P.L.S.,#36381, dated:7/12/99. Ellen McIntyre. Voting in favor: William J. Sullivan, Raymond Vivenzio, Robert Ford, John Pallone. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions,shape,or typography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant, and 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 this Bylaw. Note: The granting of the Variance and/or 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 and building codes and regulations,prior to the issuance of'a building permit as requested by the Building Commission. By order of the Zoning Board of Appeals r r William J, Sulli v n,Chairman m0999decision/25 f I � BERNARDIN&BERNARDIN ATTORNEYS AT LAW 346 NORTH MAIN STREET • FERNAND A.BERNARDIN ANDOVER MASSACHUSETTS 01810 TELEPHONE: (1932-1986) (978)470-3270 RENE R BERNARDIN April 8, 1999 TELECOPIER: (1946-1987 RET.) (978)474-4542 DAVID F.BERNARDIN RECEIVED(978)470-2119 APR 0 R 1999 Office of the Building Commissioner BUILDING DEPT. Town of North Andover Charles Street North Andover,MA 01845 Attention: Mr. Robert Nicetta Re: Property of Walter Wilson and Virginia Wilson 595 Boxford Street,North Andover,MA Dear Mr.Nicetta: I represent Walter Wilson and Virginia Wilson,owners of land at 595 Boxford . Street in North Andover, MA. The property consists of three lots as shown on the most recent Registry of Deeds Plan#10550, of which plan I enclose a copy. When the plan was recorded in 1986,the zoning at the time permitted lots with a frontage of 150' and with square footage of one acre,to support a building lot. There apparently was no by-law requirement of contiguous buildable area determination, which I now understand to be the present case. On the copy of Plan 10550 enclosed, lots=-i=and-4A were sold and ultimately built upon,pursuant to then zoning and building requirements. The home at'Lot_l_is owned by Mr.^and,Mrs. David P.`Ch arson, and the home on to"t:4A:is presently-m ed`by Charles C`Brogan,-lIl. The so-called lots remaining on Plan 10550 therefore are to 2 consisting of one acre, and lot 5A consisting of one acre, and each having a frontage of 150 feet on Boxford Street;together with lot 3A consisting of approximately 10 acres, and upon which the house known as and numbered 595 Boxford Street has been standing for many years. My clients now seek to market the vacant lot known as lot 2 on said plan,but realize with the zoning change that they must combine contiguous land so as to do their • utmost to comply with present zoning,which we understand requires two acres per buildable lot. BERNARDIN&BERNARDIN ATTORNEYS AT LAW Therefore,the Wilsons have had an engineer draft a new plan through Merrimack Engineering Services under date of March 18, 1999 (hereinafter the"new plan"), of which a copy is enclosed. On the new plan, an additional acre has been added to the old lot 2 on the old plan by deleting sufficient square footage to make up one acre, from the 10 acre parcel in the rear and by adding that acre to the old lot 2,to create new lot 2A on the new plan, containing 2 acres. To help compensate for the deletion of the one acre from the 10 acre rear parcel,the Wilsons seek also to revise the old plan by deleting the southerly lot line of lot 5A on the old plan, so that lot 5A would no longer be considered a potential building lot for assessment purposes, since said lot 5A is substantially burdened with wetlands in any event. The new plan does not represent any change to the extent of frontage from former lot 2 on the old plan to new lot 2A on the new plan, since no additional frontage is available. The frontage for lot 2A therefore will remain at 150 feet; and for lot 3B on the new plan covering the existing home at 595 Boxford Street,the frontage is identical to the frontage on old lot 3A on the old plan,namely 178.30 feet. The extent of frontage of 17 8.3 0 feet, as it is shown on both plans, appears to meet present zoning.. The present by-law now appears to require that contiguous buildable area to • support a new building lot meet or exceed 75%. As for new lot 2A,the engineer has calculated that the extent of contiguous buildable area is in fact 55%; as for new lot 3B the engineer has calculated the extent of contiguous buildable area to be 51%, all as shown on the March, 1999 plan. On behalf of my clients, I am requesting a determination by your office of building lot status for zoning purposes on new lots 2A and 3B as shown on the March, 1999 plan of Merrimack Engineering,which is also submitted. I look forward to hearing from you. Cordia , David F. Bernardin DFB/sjm encs. HAND DELIVERED • a RTH # r + x ,sSA UStt NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACHiJSETTS Ol 845 FAX(978)688-9542 TO ALL CONCERNED PARTIES, PLEASE BE ADVISED OF THE FOLLOWING RESCHEDULED MEETINGS OF THE ZONING BOARD OF APPEALS. The North Andover Zoning Board of Appeals has rescheduled the public hearing portion of their June 8, 1999 meeting to the following date: Tuesday, June 22, 1999, relative to the following public hearing petitions: NorthEast Storage Corp, Chris Jenkins, Dutton & Garfield, Inc., Michael & Margaret Mannion, Andrew& Maureen Heinze, Walter& Virginia Wilson, Christopher & Audrey Surette, A.L. Prime Energy, Inc., Terry R. Stonecipher. Location of the meeting: North Andover Senior Center, 120R Main Street. Time of the meeting: 7:30 PM. By order of the Chairman of the Zoning Board of Appeals, William J. Sullivan MI/citizen Bo --RD Of'.-lP° ALS 6`38-9541 BU1LDINUS 635-9545 CONSHRVATIO''633.9530 t EALTH 639-5,-Jq PL aNN l\'U 6"N 3 1 v• NpRTh �ss�cHuset ,. :s NORTH ANDOVER OFFICE OF 1' THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORT-I A2,TDOVER,MASSACI-METTS 01445 FAX(973)688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday t "lei day of June 1999, at 7:30 PM to all parties interested in the appeal of Walter A. & Virginia Wilson, 595 Boxford St., No. Andover, requesting a Variance from the requirements of Section 7, P7.1.1 & 7.2 for relief of Contiguous Buildable Area and for relief of street frontage of Table 2, to change lot lines to permit the sale of proposed new lot 2A having the required area but lacking 75% CBA required by new zoning bylaw. Remaining land consisting of 9.70 acres with existing home thereon also needs variance for CBA requirement. Premises affected is area with property with frontage on the South side of Boxford St. which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9-AM to. 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 5/25/99 & 611/99. c v 5 w 4S-0-m C C N-M 75 Q r m C. S WN dm Qm N)ID 7 ^3m 7d. Z M, >` m� a�DOsa�'c1.(DG 'inmZ°'mmym2om-��aEi n-0TZ < o�F .L Q,._.�c�.��xo�n0�7 Nc.�omo�— , ao� omy �Dc�O Legalnov/24 °� �N m�a m�.m^.�.�Dam 3'—am��DN o �<�.o aysX soot < �oa �O�w 5.T. o.oN < wF�ow= Ac _ 2 r Qm m -^ao �co Do o m 3o-w pmt cn w o�SD�ow mofmm<��wlvmoSimo�3mcn^w .i�c.- mDo.mcND=Z Z : c- 3 Dc= O_< .�� wo O' QDp,��p-0 �p'��w�< sw�<�0(n�m� �N O =�. 77 Q3 FT ^o.3��m c _ m m v= n m osm o�-ate N < -vN0OD CD oa< n —0 CL w J4 gym 0- (D..0 �ro�m �o�mmC) �InDW w m nm w x 0 w sad o y<o o w o�m c 0 -.� 0X71 v m W m>Zfrl s. O (D m N`<n 7 n-_�N X 4°5 _N w N p r- <mw o^fid ° ?amW m�� a?yc^.O<�o�Dn3i^ v V1z n �wwaKoo �� (COD e 30 CD �omoe 9-Te CL woo .0-m f) ��}� U=1tllOF. 1'PE�1S688-95�f BUILJfAGSti88-9545 CONSERVATION-6S8-9530 HEPl.Tli588-9`.:U PLa\�lV'GOs,i-e��< t µORTH 1 of .. , + A H 9 '13S.ICHUSt NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACI:I E T TS 01845 FAX (978)688-9542 TO ALL CONCERNED PARTIES, PLEASE BE ADVISED OF THE FOLLOWING RESCHEDULED MEETINGS OF THE ZONING BOARD OF APPEALS, The North Andover Zoning Board of Appeals has rescheduled the public hearing portion of their June 8, 1999 meeting to the following date: Tuesday, June 22, 1999, relative to the following public hearing petitions: NorthEast Storage Corp, Chris Jenkins, Dutton & Garfield, Inc., Michael & Margaret Mannion, Andrew & Maureen Heinze, Walter&Virginia Wilson, Christopher & Audrey Surette, A.L. Prime Energy, Inc,, Terry R. Stonecipher. Location of the meeting: North Andover Senior Center, 120R Main Street. Time of the meeting: 7:30 PM. By order of the Chairman of the Zoning Board of Appeals, William J. Sullivan MUcitzen BOARD OF.kl)PE:ALS 638-9541 BUILllINGS 685-9545 CONSERVATION 698-9570 HE:LTH 688-9540 PLANMNU 6XS-9535 _+ "t µ0H74 �_ �.•.+ 0L y�JS1CHUst NORTH ANDOVER OFFICE OF ; THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH AINE)OVER,MASSACHUSETTS 01445 FAX(978)685-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the-8�day of June 1999, at 7:30 PM to all parties interested in the appeal of Walter A. & Virginia Wilson, 595 Boxford St., No. Andover, requesting a Variance from the requirements of Section 7, P7.1.1 & 7.2 for relief of Contiguous Buildable Area and for relief of street frontage of Table 2, to change lot lines to permit the sale of proposed new lot 2A having the required area but lacking 75% CBA required by new zoning bylaw. Remaining land consisting of 9.70 acres with existing home thereon also needs variance for CBA requirement. Premises affected is area with property with frontage on the South side of Boxford St. which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 5/25/99 & 6/1/99. ca Am fom C�vFmN`im o io.3wT D Nuro.� m0 m �f m < c 0 ?=7 a W N 7°Cna v°i Q N N N <'�7 C. (D ry Z � CD'< cmc— ;.m m o_.eN �a °� OTZ (p I 07� (Dd(D--.�O (0 A= _ d(D(D07Om�.Z N° ZOdQ7-.N N �_.�c�.�=xocn�� Nc. omo9-m�y� '�a�immz��MM Y Legalnov/24 oN Z� =a��.� N�Da�=. �,0=>° ��aN �soo-+ N 0y�>��w °O�.(�i� D�t°0��WN,�?yID=1D-_3mcn,pyj:' >? --,z> Z C.- c O< QD , o O w (nvm0 d. ? msm m.ID. M0.w� CD W JN pU CD(D 0Q <-ANO ID �lnytA°m m nm m �o �'a ...-4 Al n��a m. °'� N,o ami 'D 8-cu RlO< -4 ., N C�O y�~?O NO C) IN`G�n 7 V� f°t S2°�3 m 3�P1 N p �.•o v y m o a_. m m=• �'n.a °. ;c N.,o<...o'<D "' cn y Z n w�NoK3�N �o o�Ona pOmof�m° ((Dn°�9-M10a7m°'o��CD n �fl1 ',iZJ UI .;Pwr AIS 638-954'. BUILDINGS 688-95 5 CONSERVATION 683.9570 HE:'LThi h33-95 a �? o� U K— ti n K � ii v n ICHUSgS� NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACI RJSETTS Ol 845 FAX(978)688-9542 I Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 8th day of June 1999, at 7:30 PM to all parties interested in the appeal of Walter A. & Virginia Wilson, 595 Boxford St., No. Andover, requesting a Variance from the requirements of Section 7, P7.1.1 & 7.2 for relief of Contiguous Buildable Area and for relief of street frontage of Table 2, to change lot lines to permit the sale of proposed new lot 2A having the required area but lacking 75% CBA required by new zoning bylaw. Remaining land consisting of 9.70 acres with existing home thereon also needs variance for CBA requirement. Premises affected is area with property with frontage on the South side of Boxford St. which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 5/25/99 &6/1/99. �m gQ.(0C3 vfo� n61�.�ocvn�o°6�Oci�m<y�;v°�m �aDo O �^ 1 �� am"��. oQmDo��S'°ccl!R M.Z°'n�°im�a0°wo�Av' �>00 Y, Legalnov/24 i K�,-=� �3.�=x�1Qo�=3N-.�M3- 9o0 m� =w�� Z mmm K O�ocZ`Qmm same.m�u.QDam"ow�D•�t°o�rn�=��m`v000= r N �O��v�N =N�A1�N�761 cD(D�N'cDogo'- D)Q-ID CDL0' fDND��„i rn cow o op < .mom a��Dmm=my2Z w oD?>>C- 3O° moi»�yoo E.QDm=D =3rn%Ivlwm- 616��o(µOma 30C m�Qo��• —0 10° 10 0 - .2aDD°CD SI) _ ^��y�.o��m0� Q � PZ 9D 0O`-��30E p�7N �NyN�<n ��U. 1CN �=pal Dew m=� '.'NZm A 7�yoKo,-so 5ux�a oom��omocQ,m� T(D= .M3m_m RI 3 M N ZMQ�C�(D V BOARD LF AYPE aLS 688-9541 BUILDINGS 688-9545 CONSERVATION 688.9530 HEALTH 688-9540 PL.INNIN'G 688-9515 HORTu iii j(,11ER JUL ZO 3 09 r1' 99- f om the desk o 1l-fary Leary-Ip olzt 1� o M-E-M-o St DATE:71150 PETITION:017-99 TO. _ - HEARING:6/22199&7/13199 ' - - DATE. .� � 1999 upon the application of Walter A'.4-" from the requirements of Section 7;;P71-1 a of Table 2,to change lot lines to permit.-CBA required by new zoning bylaw. --7 - �f seeds a variance for CBA requirement.The and all abutters were notified by.regular nzio, Robert Ford, John Pallone. ie Board voted to GRANT a Variance from if CBA of 51%for Lot#313 this relief is also relief of street frontage of 25'in ^ Service, Jeffrey S Hofmann, P.L.S.,#36381, aymond Vivenzio, Robert Ford, John Pallone._- -- ewer upon appeal to grant variances from the terms - 1 to soil conditions,shape,or typography of the land rnerally the zoning district in general,a literal iancial or otherwise,to the petitioner or applicant, 2 blic good and without nullifying or substantially d by the applicant does not necessarily ensure -- )plicable local,state and federal and building codes and regulations,prior to me IssL,, _ ____ guested by the Building Commission. By order of the Zoning Board of Appeals William J.Sulliv n, Chairman ml/1999decision/25 1 MERRtM ACK ENGINEERING SERVICES, INC, PROFESS ONAL ENGINEERS • UWO SURVEyORS 0 PLANNERS 40 PAR<STREET•ANCKWER,MASSACHUSETTS 018101 TEL(978)475.3555,.373.&721 •FAX 078)475.1448•F MAIL;/horrvo �p Q vo.ccun July 13, 1999 . Robert Ahern Forest Meadows Corp, 1501 Main Street Tewksbury,MA 01876 RE' Lot 2A& 3A d 595 Boxford Street North Andover,MA Dear Mr. Ahern: Per your requrst, we ca]culated the area of contiguous buildable area on each lot and depicted tho"areas on the plan we prepared for the site dated July 12, 1999, The area was calculated . using AutoCAD Release 14,0 with SoftDesk Software, which uses coordinate geometry to compute the exact area requested. Please contact me should you have further questions or comments. V truly our ME CK, 1NEERING SERVICES h St P sid cd JOYC1 Oe W Received by Town Clerk: TOWN Ol K NORTH ANDOAR TOWN OF NORTH ANDOVER, MASSAANATfi 39 BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Walter A. Wilson & Vir inia ddress c/o David F. Bernardin, 346 Ned. Main Street Andover, MA 01810 Tel. No. (978)470-3270 1. Applicant is hereby made: a) For a variance from the requirements of Section___ 7.1.1 and 7.2 Paragraph and Table 2 of the Zoning Bylaws. b) x> aticcx ftr'�_"PIt C) 2• a) Premises affected are land and building(s) numbered 595 Boxford Street. b) Premises affected area property with frontage on the North( ) South (x) East ( ) West ( ) side of Boxford on Registry plan no. 10550. Street, and all as shown C) Premises affected are in Zoning b District_ R-1 and the premises affected have an area of 89,259 square feet ^axhjn n j0 - -`(rot 2A) and fedc 422,420 square feet (Lot 3B) per proposed plan sukmitted, and frontage ofv150 feet (Lot 2A) and 178.30 feet (Lot 3B) respectively. �. Ownership: a) Name and address of owner(if joint ownership, give all names): Walter A. Wilson and Virginia Wilson 595 Boxford Stteet, .North Andover, MA 01845 Date of Purchase 12/8/72 Previous Owner Raymond Perley, et alii b) 1. If applicant is not owner, check his/her interest in premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required 5 of Attorney for Petitioners: David F. Bernardin, Esquire 346 North Main Street Andover, MA 01810 (978)470-3270 18 330 stamps enclosed. 4. Site of proposed building: NA front; feet deep; Height stories; feet. a) Approximate date of erection b) Occupancy or use of each floor: C) Type of construction 5. Has there been a previous appeal, under zoning, on these premises? no When 6. Description of relief sought on this petition to change lot lines to permit the sale of proposed new lot 2A having the required area but lacking 75% CBA required by new zoning by-law. Remaining land consisting of 9.70 acres with existing home thereon a so nee s variance orrequi New Lot 2A also needs variance for frontage. 7. Deed recorded in the Registry of Deeds in Book 1209 No. Page 755 The principal points upon which I base my application are as follows: (must be stated in detail) This re-configured parcel appears to be the only possible buildable lot from a practical standpoint and will be consistent with the existing!�homes which were built upon lots created in the late 1980's under the less stringent by-law. The topography (extensive wetlands on the rear of the propertydictates great difficulty for any further development, but there is sufficient buildable land towards the front of the property, near Boxford Street, to construct an attractive home totally in keeping with the neighborhood and which will not derogate from the extent of the by-law. See memorandum for further details. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of Petitioner (s) 6 of 8 WORK SHEET DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: j Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area Street Fronta�-7e Front Setback (s) Side Setback (s) n / Rear Setback (s) nn /V V Special Permit Request: n 7 of8 TOWN OF NORTH ANDOVER UST OF PARTIES OF INTEREST: PAGE______OF SUBJECT PROPERTY MAP I PAR#I NAME ADDRESS /m5� ABUTTERS: 1 (OSL 5 ,� �►>, P Cry/,gs5o�v �¢Tl E�4/2E l9. SHE/j le: S 8OX m/QD S% 2 �iresoa w9�rE.0 r Gr�PGi�ii� 3 C r¢ S C, L, m S 8 S �x mi2)5 s� ,taPryf ,¢,Gbav 4 z w Gl'6iP f/�dfrL,� Kil6S4y S DX s/ /GORr /Lb0/i 5 S >T SG �Rc r r/�isr ^A,504, C / & G 6 2 W cZ, ,� F• T 0MAZws t �s9ti w. s oX GD"e D s i '01geei ,s3ndov 7 22 yi �,p &oRrov (oe 2 0AvAMb Si N9RI� 9 /Z titin C9 V4�2 p /N/y/N 5J s 2 4 /�1GEx tiaRE �,lrNB.LKo .S yS AX F�,QA sT 10 oSfl S 5��2�� !x, s/nfiYl��G 4 vclFO�Qj �i �YOrPt tidovE� 11 12 13 14 15 16 17 18 THIS CERTIFIES ONLY THAT ON I 1 THIS LIST OF NAMES&ADDRESSES OF PARTIES OF NTEREST WAS EP ED BYE PPPL CANT FROM THE RECORDS OF THE ASSESSORS OFFICE. ASSESSORS OFFICE �I Town of North Andover Of NORTH 1 OFFICE OF �2 «<o tioc COMMUNITY DEVELOPMENT AND SERVICES O m � A 27 Charles Street North Andover,Massachusetts 01845 9 `°" 0. WILLIAM J.SCOTT �, ^o, r'o PPP"�y Director �SSACHUSEt (978)688-9531 April 14, 1999 Fax(978)688-9542 Bemardin&Bemadin Attorney At Law 346 North Main Street Andover MA 01810 Dear Attorney Bemadin: You have submitted a March 31, 1999 plan by Merrimack Engineering Services, requesting what has to be done in order to have new Lots 2A and 3B comply with the current Zoning By-Law. I am of the opinion the following must be accomplished for: Lot 2A: 1. A variance of(+)25 feet on the present frontage of 150 feet must be applied for. 2. A variance of(+)20% from the present 55%contiguous buildable area(the current By-Law is 75%C.B.A.) Lot 36: 1. A variance of(+)24%from the present 51%contiguous buildable area. (The current By-Law is 75%C.B.A.) If the variances on Lots 2A and 3B are granted,the applicant must file with the Planning Board for"ANR"of the Lots. This information was reviewed from: Plan of Land in North Andover. Walter&Virginia Wilson 32 Highlawn Avenue Lawrence MA 01841 Dated: March 31, 1999 By: Merrimack Engineering Services 88 Park Street Andover MA 01810 And your letter dated April 8, 1999. If you have any question please call me. Very truly yours, --�-y-- D. Robert Nicetta, DRD:jm Building Commissioner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Memorandum In Re: Application for Zoning Variance Walter and Virginia Wilson 595 Boxford Street,North Andover,MA In 1972 Walter and Virginia Wilson bought the so-called"Wade Meadow"from the Perley family, said land consisting of some 14 acres on the southerly side of Boxford Street. The premises consisting of the farmhouse with the extensive frontage on Boxford Street and significant wetlands at the rear of the property. In the late 80's,the Wilsons recorded present plan#10550 and conveyed Lot 1 and Lot 4A,per plan, each lot consisting of one acre with 150 foot frontage. Attractive homes were built on each parcel. Lot 1 is now owned by David and Catherine Chiasson, and Lot 4A by Charles Brogan. This left Lot 3A containing the old farmhouse with frontage of 178 feet,together with the remaining rear land; and proposed Lot 5A also with 150 foot frontage and containing one acre, all consistent with then zoning. The Wilsons now seek to convey reconfigured Lot 2A,per the new plan,to a builder who plans to construct a home on the reconfigured lot consistent with the Chiasson and the Brogan homes. The Wilsons realize that they are required to try to meet the more stringent zoning change: hence the addition of square footage to old Lot 2A from the rear land to make up new Lot 2A. New Lot 2A,however,though it meets the square footage requirement,has two problems: 1. It has only 150 feet of frontage,whereas the new by-law requires 175 feet; and 2. The new requirement of contiguous buildable area is lacking,per the plan, as it does not meet the 75% CBA now required. The Wilsons now have realized that old Lot 5A on the old plan will be impossible to develop and market as a buildable lot,not just for zoning concerns but because of the presence of extensive wetlands on said lot. Therefore,the new plan seeks to remove the southerly lot line of old Lot 5A and to have it incorporated within the larger parcel,both to replace the acreage being given to old Lot 2, and to eliminate Lot 5A as a potential building lot from the Assessor's rolls. The existing frontage for the main house lot at 595 Boxford Street would remain unchanged. This meets present zoning, and it does not make sense to give the excess footage beyond that required to the new Lot 2A, since that excess footage is only 3.50 feet. The new lot with the house(Lot 3B)also requires a variance, as it does not meet the CBA requirement of 75 percent. New Lot 2A,with an attractive home to be built thereon, will be totally consistent with the quality of construction and the improvement to the lots as is present on the Chiasson and Brogan house lots. The variance should be granted because of the topography of the entire amount of the land available. As stated,the front portion of the lots, running to a depth of approximately 300 feet, is comprised of good, dry upland,whereas the land to the rear of the parcels is quite wet, and there would be no possibility of future development or subdivision control application for the rear of this property. The granting of the variance would allow the reasonable development of the only remaining buildable lot,namely new Lot 2A, from a practical standpoint, and would be in keeping with the spirit and intent of the North Andover Zoning By-Law. r I NpRTF, 9 /rf S^CHUSeS ✓ NORTH ANDOVER C OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 018=45 Q A.-(978)688-9542 Date: �G f c P TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone# 978-688-9541 fax# 978-688-9542 S �UC � 0GSI odzr�a� m & �� r 3� Please be advised that I have agreed to for 5 < � t onmg o eUardin-9 9��fT a ra V e y oca e at: /� bre STREET: . /1� STelfwrlep � TOWN: D tp� fi 1�(i2G��1if� �C�.�'@ p NAME OF PETITIONER: 1 i01).4 top -rL - Signed: petitioner (or petitioner's representative) '�L h 10.4 Variance and Appeals . The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and 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 this Bylaw. M11variance BOARD OF.-.PPE LS 638-95- 1 BULDINGS 6SS-95-!5 CONSERVATION 633-9530 F.EALTH 63'1-9540 PLANNING 6SS-9555 r MERRIMACK ENGINEERING SERV PROFEWONAL ENGINEERS • CES, IN ' 40 PASTREET•VZOVER,MASSACHUSETTS p pD SIJRVEYp(� RK o PLANNERS EL(97H)e7$�,y5,373.b721 •fAX(478;475.Idd,9•E-MAfL rnaronQW90�,CcW11 July 13, 19.99 Mr. Robert Ahern Forest Meadows Corp, 1501 Main Street Tewksbury,MA 0.1876 RE' Lot 2A& 3A Q 595 Boxford Street North Andover,MA Dear Mr. Ahern Per your request, we calculated the area of contiguous buildable area on each lot and depicted those areas on the plan we prepared for the site dated July 12, 1999. The area was calculated . using AutoCAD Release 14,0 with SofMesk Software, which uses coordinate geometry to compute the exact area requested. Pleaao contact me should you have farther questions or comments. V`11 truly yours CK 1NEERING SERV10E5 St h p ,-R.L.S, P aid cd n` David P. Chiasson c€ Catherine A. Shea-Chiasson 625 Boxford Street North Andover, MA 01845 Charles C. Brogan, III 585 Boxford Street North Andover, MA 01845 Walter A. Wilson Virginia Wilson 595 Boxford Street North ANdover, MA 01845 Weslie Realty Trust c/o Patrick Cone 4 Mason Street, #67 Pepperell, MA 01463 William F. Tompkins Susan W. Tompkins 557 Boxford Street ,QJ North Andover, MA 01845 pS William Gorton Anne Gorton 602 Boxford Street North Andover, MA 01845 George Grantham c/o Tax Office 120 Main Street North Andover, MA 01845 Alexandre Klimenko Elena A. Klimenko 545 Boxford Street North Andover, MA 01845 Jeffrey M. Simmons Carolyn P. Simmons 729 Boxford Street North Andover, MA 01845 t BERNARDIN&BERNARDIN ATTORNEYS AT LAW 346 NORTH MAIN STREET ANDOVER,MASSACHUSETTS 01810 FERNAND A.BERNARDIN TELEPHONE: (1932-1986) (978)470-3270 RENE R.BERNARDIN April 29, 1999 TELECOPIER: (1946-1987 RET.) (978)474-4542 DAVID F BERNARDIN (978)470-2119 Mary Leary-Ippolito, Secretary Zoning Board of Appeals Building Department North Andover Community Development Office 27 Charles Street North Andover,MA 01845 Re: Application(s) for Zoning Variance, 595 Boxford Street,North Andover Dear Ms. Leary-Ippolito: The undersigned represents Walter Wilson and Virginia Wilson, owners of the above premises, who seek to change lot lines on a previously approved plan so as to market and sell the only lot remaining which they believe may be buildable from a practical standpoint,provided the required zoning relief is given. On behalf of my clients,I enclose the following: 1. Mylar plus 10 prints of the proposed plan showing the lot lines as redrafted; 2. Ten prints of the present,recorded plan 10550, showing the lot lines as they now stand; 3. Ten copies of the list of abutters to be notified; 4. Ten copies of the letter of denial of D. Robert Nicetta,Building Commissioner; 5. Ten counterparts of the two page zoning application; 6. Two sets of mailing labels for abutters; 7. Eighteen 33 cent stamps to cover the mailings for each of the abutters; 8. $25.00 filing fee; 9. $4.42 filing fee; and 10. Memorandum in support of application. Please process for the next hearing date. Co ially, David F. Bernardin DFB/sjm encs. DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Wednesday, May 25, 2005 12:51 PM To: Hmurciak, Linda _ Subject: Virginia Wilso 595 Boxford Street Hi Linda, FYI -Mrs. Wilson is on her way over to see you about well water testing. She has foster children, and is mandated by the state to have it tested. Susan spoke with her, and sent her on over to you. She should be there shortly. 8¢sf R¢gavdg, Pgiy¢�A D¢BB¢L�liiai¢ Health Department Assistant Town of North Andover 400 Osgood Street North Andover,MA o1845 978.688.9540-Phone 978.688.8476-Fax http://www.townofnorthandover.com healthdept@townofnorthandover.com 1