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Miscellaneous - 793 FOREST STREET 4/30/2018
N J O V O Cl) T 00 O m W cn 0 X O m o m 6-4 I " I�w 0 _40 a-19 *mpwmoam A - I I - 4 - Nuft#AW Dow A a ��i a- ►� _v 3 L off"i, �,,� ID ��� I o'7 l � r ' L CdA r W 6;7PO 1-3 3 t. � `�F V �•�' V r�1 `Q T C� ti ZBA 151 Date -6-11-03 TOWN OF NORTH ANDOVER RECEIPT This certifies that O� ..... .... ........ ................... has paid .# ... .... oP ....... ��K ..... ...................... for ....XVrpx?,� ........ Received by ...... ..... . ............ ................................................. Department............. ; -�SA ........................................................... WHITE: Applicant CANARY: Department PINK: Treasurer zBA 15 2 Date ... L. L7.13 ...03.. TOWN OF NORTH ANDOVER RECEIPT I This certifies that Law.... :.0 e.... o ......i.� ►�? t. �R.... ��.!... . r� <�.S C vt has paid . 4... / v .! .. 7....4 % ....#-... .1..9.6..1 .1..9.6.9 ................................. for ...... ro.1...... 5.11 .....o.�..., 4) Received by ........ L.......... Department ........... � . & A WRITE: Applicant CANARY: Department PINK: Treasurer �,-ov-� 0;Z/ ZBA I A 3 TOWN OF NORTH ANDOVER RECEIPT I This certifies that L"qvx) ... ff1. . C. ..o....... has paid ..k?. o. !.. &P ... C., ............................... for ... t.:ro....A............ cmnrlog.-) .... 1A V. Receivedby .................................................... 4........ Department..... ......................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer a On; - n,?-( p���, �s� � s��� a9�� V E0 Town of North Andover Office of the Zoning Board of Appeals C�-CRIB ` i"�Py�}�����Community Development and Services Division L;sn3 '' G 20 P 3' �q L U D. Robert Nicetta Building Commissioner 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9541 Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: Lot A, Forest Street (Map 1051), Parcel 39) NAME: Forest Glen Development, Inc. 130 Middlesex Street, HEARING(S): 7/8 & 8/12/03 North Andover ADDRESS: Lot A, Forest Street (Map 1051), Parcel 39) PETITION: 2003-021 North Andover, MA 01845 TYPING DATE: August 18.21 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot A, Forest Street, North Andover (Map 105D, Parcel 39) requesting a Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief ofminnnum lot area and street frontage, as well as, a Special Permit and Finding under Section 9, in order to construct a new single family dwelling on'a non -conforming lot. The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2nd by Walter F. Soule, the Board voted to GRANT the Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area of 43,583 and street frontage of 24.94' in order to construct a new single family dwelling on a non -conforming lot according to the Plan of Land in North Andover, Mass. Owners: William J. & Deana J. Hamel, Linda M. Emro Trustee, Ronald F. & Linda M. Emro and Anna M. Gilbert, Date: Sept. 30, 1999, Rev.: June 9, 2003, [by] William S. MacLeod, Professional Land Surveyor, #29644, Andover Consultants Inc., 1 East River Place, Methuen, Mass. 01844 and the Sample Floor Plans prepared for Gerard E. Welch, Inc. P. O. Box 248 N. Andover; upon the conditions of: 1. George J. Zambouras, P. E. 17 Noble Hill Road, Beverly, MA will specify the Forest Street lot, map, and parcel information in an update of his August 4, 2003 letter. 2. The Plan of Land Mylar will specify the Forest Street lot, map, and parcel information, the ownership information, and will have a four -line signature Zoning Board block. Voting in favor: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2nd by Walter F. Soule, the Board voted to allow the petitioner to WITHDRAW THE PETITIONS FOR THE FINDING AND SPECIAL PERMIT WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 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. Decision 2003-021. Page 2 of 2 Town of North Andover Board of Anneals_ William J. Sullivan, Chairman Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NORT/J Office of the Zoning Board of Appeals Community Development and Services Division , 27 Charles Street North Andover, Massachusetts 01845 p, Robert Nicetta Building Commissioner Legal Notice North Andover, Board of Appeals Telephone (978) 688-9541 Fax(978)688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 8th of July, 2003 at 7:30 PM to all parties interested in the appeal of Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot A, Forest Street, North Andover (Map 1051), Parcel 39) requesting a Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area and street frontage, as well as, a Special Permit and Finding under Section 9, in order to construct a new single family dwelling on a non -conforming lot. The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on June 23 & 30, 2003. Legalnotice 2003-021B. I® Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 C= C= C_ CJ __ I ON CD Z)-4 o o 00'0 �� mv_o�tn���U<�D -- c SIDL�Cnny>(o Iv - W C CDc-) �.r- 3 c Co m v' m o o (o (� m IF,o m 1) (D (D.-0 W o-0."_OP7NN3N w.cD�ZDOr r `I_ ..;• f'rl 3 -_`x.07 1))N W �C�O�p,Oj (D:3 W ul ��(OQ(DOOOQN�pN�n2���,0 y.N 3ap �O ��NOO �(��N N�zW Ger ry. 00C ~_o'n 7 ��l7 O N w 3' P O� c v' D�O�m o o _w o `_ om m m w(1) Z _W o -Po- -6,, mODr P r-3'>.-- Ca moo (off O°_ OUO� NmooQ Qqm v vm��m�N3o �A1S'�'fl�iw 10, -'o ��_O�V��N....O C y CD-M+�C3 ��Cn m w Fc� iwm_`Cn�=�my ZZ �D CD o,� =° V > '(n° � �':3 o�> �m CL(M OO � k �C/)!-, XX L o�'=.a o O3<(D D ° zA OO�n¢, � o CL Q.o.ava� n� O^G< �7N N� N-._ A7Q-�ON (DQ �N07 ��� 05.3 ® l�7 p � _" W7 �(A(D 03`G 3?0CD 6 (n ComQ.�'(D O(1) N(1) �.W 3(O (itO r�NA�Q��a �T.��mm D►Ttm 7 Q (D s N ar Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 JUL-07-2003 MON 03;31 PM MARKJOHNSON Cww Et'u� z� o ' FAX NO, 9784756703 P. 03/03 1� C=� C3 -!!:E IV w "Z J lu i C ' F r '�,, ` Q• `� � � •!y, it 11 F' N 9 I PUG rC.' 0 tw�oi E�eru � oD 5v°m��Fn Y y g 4 �}. O !riot~ �� m VN "li g � t n .,�- �' � � � ��•� c _ • � � JUL BOARD OF APML 0 JUL-07-2003 MON 03:30 PM MARKJOHNSON FAX N0, 9784756703 3 tV a � .w � g �. TL r Lo fl a j C � :� � .L�- '�r � ��s•�`.. , V AT rte% AUL a — 2003 `z BOARS Or APPEAL P. 02/03 -►- jJ tV a � .w � g �. TL r Lo fl a j C � :� � .L�- '�r � ��s•�`.. , V AT rte% AUL a — 2003 `z BOARS Or APPEAL P. 02/03 NOV-19-2003 WED 04:13 AM MARKJOHNSON FAX N0, 9784756703 LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Strcct Aildmr, Mas$Achmms 01810-3700 (978)X175-1488 'I'doc:upier. (97X)475-6703 MARY, B. J0IINSON (MA,NlUAl UNDA A. r1'CONNII.I. (MA, NI I, P,1) rX..)NAt I) 1. 110RE.NSTFIN (At,%, Ml:) MICIIA11-1. U. FURLONG (MA) JAMES DONFAN11 (MA) SPAUNA 1:, MXAlt IVY. ).D. November 18, 2003 Vk 1"acsintik: 1,978,688.4542 Norllt Andover Zoning Board of Appeals AlMition: Mitch Glennon 27 Clvirlcs Street North Andover, MA 01 h45 Re: Comprehemive Permit Applications Propcilics: Lot A and Lot C Forest Street, Norih Andover, MA A.pplieant: Forest (filen Development, Idle.- Re: Variance, Spccial Permit and bindings Applications Properties:. to Lot A d Lot C Forest Street, North Andover, MA Ap iomit_ Forest Glen velonment, Ipc._ llaar Board Mcmbers: 'rhe Applicant will be withdrawing; the above Comprehensive Permit Applications at lonibht's meeling. Very truly yours, LAW 01"FICE:OF' MARK B. JOHNSON r Donald F. Berenstein i)I�13�-k1U pe: forest Glen Uevclopn)enl, Inc. Lew, brc101 300 Lpr•.ar skeet char rmiNh, It, 11-16.03 doe vn; i t Lf IO4I,f p fir ''' , , JI Af'i'EAL„,�' P 02 KA7'JIRYN M. MORIN LIANNE HISTA.UI JOAN 11. DUFF MICI11'I-E C JnNIKAS HP Fax K1220xi Last Transaction Date Time Type Identification Log for NORTH ANDOVER 9786889542 Jul 10 2003 11:59am Duration Pages Result Jul 10 11:58am Fax Sent 89784756703 1:29 5 OK Town of North AndoverreoRTH Office of the Zoning Board of Appeals ozQsr�Eo Community Development and Services Division 27 Charles Street . North Andover, Massachusetts 01845 D. Robert Nicetta Btidding Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 FAX TRANSMISSION TO: FAX NUMBER: �i�S 7L FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: —5— DATE: 7 - .l2 - 0 SUBJECT: vtJc, b'V Q -{-1 m P C� vl c ry, REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andover Office of the Zoning Board of Appeals 0 a p Community Development and Services Division * s 27 Charles Street North Andover, Massachusetts 01845 'Ss,CHUS D. Robert Nicetta . Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance S ecial Permit• Comprehensive Permit (40B), mdin for property located at: STREET: �6� � C�GYCeI TOWN: Y o r 4 A vi & e r TO MEETING DATE(S): NAME OF PETITIONER: Signed: Petitioner (or petitioner's representative) Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax (978) 688-9542 I Date it, ( D D Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit• Comprehensive Permit (40B), n mg for property located at: STREET: V Gp- TOWN: h2f 4 T+" d 6 �e r TO MEETING DATE(S): NAME OF PETITIONER: Signed: WAIVER ,( es l s�re� Petitioner (or petitioner's representative) Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta . Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA Ol 845 Telephone (978) 688-9541 Fax (978) 688-9542. Date �� a U(7 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance S ial Permit Comprehensive Permit (40B), Finding for property located at: STREET: L - Cel ,39 ) P-Dresf Sf(e TOWN: Q� 71 ,241,d) e r TO MEETING DATE(S): NAME OF PETITIONER: Signed: Petitioner (or petitioner's representative) WAIVER Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax (978)688-9542 Date J,f L q, _0 b 3 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Canance Permit• Comprehensive Permit (40B), coding for property located at: A1 STREET:—L-o+ p�r�c e,� J J i r1°5 r 5 TOWN: TO MEETING DATE(S): NAME OF PETITIONER: Signed: Petitioner (or petitioner's representative) WAIVER Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 AUG -13-2003 WED 11�30'AM ATTY MARK B JOHNSON FAX NO, 9784756703 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nioetta . Building Commissioner P. 03 Telephone (978) a&9647 FAX (978) 688.954 Date 1 "3 Zoa TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 _,1 -7: c c; — c C) Please be advised that I have agreed to waive the time constraints"ior the North > Andover ZoningBoard of A to make a decision C' n r,-. PPS regarding the p ranting of a N � � � c. Variance S Perink Permit (40s for property located at: STREET: Loi A TOWN: _ K rev, --1n 1 TO MEETING DATE(S): j`' ti b* 3_ t`NFANdia�i]� Signed: WAtVER PET71IONM: w'�p�1���1�IiPii OI iEr'S I'�.SCAtiltlVe Hoard Of Appea4 978- 686-9541 UWWing 978-69P)545 Ca=ay.3 0n 978688-9530 Heahh 978-489-9540 Plaming 978688-9535 AUG -13-2003 WED 11:11 AM ATTY MARK 8 JOHNSON FAX NO. 9784756703 P. 04 -1cy ; Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Robert Nicetta . Building Commi.-oioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 41845 Telephone (978) 68&964I Fax (978) 688-9542 Date A. (A a ZOo . . Please be advised that I have agreed to waive the time constraintsforthe North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance permit ermit• ompre ve Pe=(4OB) Finding for property located at: STREET:_ TOWN: TO MEETING DATE(S): NAME OF PETITIONER: Signed: �19/ Phi WAIVER L1r.t.�•,loe•- lam(' Zoo 3, -1.N t porun3, N I rS Board of Appeals 978- 698-9541 Building 978.688.9545 Conservation 97g-688.9530 HUMI 978-688-9540 Planning 978-688.9535 George J. Zambouras, P.E. 17 Noble Hill Road Beverly, MA 01915 August 4, 2003 (Revised August 19, 2003) North Andover Board of Appeals North Andover, MA 01845 Re: Forest Street Lot C — Assessors Map 105D, Parcel 71, N. Andover Forest Street Lot A — Assessors Map 105D, Parcel 39, N. Andover Dear Mr. Sullivan, Chairman Recently while performing engineering services for Mr. Scott Karpinski I was afforded the opportunity to observe the characteristics of the properties in the area and more specifically the vacant parcels, Lot C — Assessors Map 105D, Parcel 71 and Lot A — Assessors Map 105D, Parcel 39 that are currently under review. In my observance of these lots, the rear portion of the lots yield a significant rise in elevation and support evidence of supporting large boulders throughout. As such any increase of lot area to the rear would not be beneficial to the site for development and any development within the lots would be limited to the front one third of the lots. Based on the observed topography, expected soil conditions and the limited developable land for expansion, the lots lend themselves to relief from the requirements of zoning. OFAss� GEORGE cyG� J. ZAMIBOURAS H CIVIL q x230 0 0 'O9Q �CISTtiJ FFSSIONRL U AUG 2 5 2003 D BOARD OF APPEALS P.E. AUG -22-2003 FRI 09;48 AM MARKJOHNSON FAX N0, 9784756703 P. 04 George J. Lambouras, PT". . 17 Noble Hill Road Beverly, MA 01915 A1.11yust 4, 200; North Andover Board ofAppcils Notilt Andover, MA 0 18 45 Re: Forest Street Lot C -- Assessors Map 105x), Parcel 71, N. Andover Forest Strut Lot A.- Assessors Map 1051), .Parcel 39, N. Andover lk,aar Mr. Sullivan, Chairman 11(t ntly awhile performing engineering services for Mr. Scott Karpin,ki i was atrorded the opportunity to obs4rvc the characteristics of the properties in the area and more spocil ically the vacant parcels, Lot C — Assessors Map 105U, Parcel 71 and Lot A — Asscssors Map 105n, Parcel 39 that are currently under review. In my observance of Iliese lots, the rear portion of the lots yield a significant rise in elevation and support evidence of suppori.ing large boulders throughout. As such any increase of lot area to the mar would jiot he beneficial to the site for development and any development withiia the lots would be limited to the front one third of the lots. Based on the observed topography, expected soil conditions and the limited developable land for expansion, the lots lend thomselvt,s to relief from the rcduirements of Toeing. Resl)ePffiulIV, ' f, 7i dibouras, OF J. ZAMBOUFWS CAVIL #3640 _e c^si Cj n Y George J. Zambouras, P.E. 17 Noble Hill Road Beverly, MA 01915 August 4, 2003 North Andover Board of Appeals North Andover, MA 01845 Re: Forest Street Lot C — Assessors Map 105D, Parcel 71, N. Andover Forest Street Lot A — Assessors Map 1O5D, Parcel 39, N. Andover Dear Mr. Sullivan, Chairman Recently while performing engineering services for Mr. Scott Karpinski I was afforded the opportunity to observe the characteristics of the properties in the area and more specifically the vacant parcels, Lot C — Assessors Map 105D, Parcel 71 and Lot A — Assessors Map 1O5D, Parcel 39 that are currently under review. In my observance of these lots, the rear portion of the lots yield a significant rise in elevation and support evidence of supporting large boulders throughout. As such any increase of lot area to the rear would not be beneficial to the site for development and any development within the lots would be limited to the front one third of the lots. Based on the observed topography, expected soil conditions and the limited developable land for expansion, the lots lend themselves to relief from the requirements of zoning. .s, P.E. �a�SN OF A14, GEORGE cyG J. a 7MWUMS N CIVIL q 0.40 'O9� �C7ST�c`' ' `�4•. ��. AUG 2 5 2003 D BOARD CP APPEALS Z* AUG -13-2003 WED 11:30 AM ATTY MARK B JOHNSON FAX NO. 9784756703 a0R7M O + • a ACM45�4 NORTH ANDOVER OFMCE OF THE ZONDY(I BOARD 01? AY'PEAL� 27 CF—ARLES STREET i 40R i:I A.IgDO\U.?, NXPMAC�;CSE'! T S 013,5 T0: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 97.8.88-9542 P. 02 1 CL' vl idJ11 AVj mit � 0, ?VN CLERK 1�ALt0VF° 100j P 12; 2 i 'SVC,. Rk per Please be advised that I wish to withdraw m petitio from the Zoning Board of Appeals agenda for property located�at., oreiudic� 44 Ty- T�� �T�T�1;®�3 STREET: 1,07-A fO 7 --JER9,toT.3 f; &6 �G TOWN: NAME OF PETITIONER: �rol$e Si9 ned: L / ROU00aer (or petitioner's representative) WrdAance dC-'=.OF.-�gc?i,`,'•i�3-?.`-. �:i_�C•�GS;iSS••�:j.` CCi`lSi:Z�i.''i0:�'d:::�:;7 F.=.�_..-c.?3•'i:=:) p'.;�`�t .:� Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: Lot A, Forest Street (Map 105D, Parcel 39) NAME: Forest Glen Development, Inc. 130 Middlesex Street, HEARING(S): 7/8 & 8/12/03 North Andover ADDRESS: Lot A, Forest Street (Map 105D, Parcel 39) PETITION: 2003-021 North Andover, MA 01845 TYPING DATE: August 18, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot A, Forest Street, North Andover (Map 105D, Parcel 39) requesting a Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area and street frontage, as well as, a Special Permit and Finding under Section 9, in order to construct a new single family dwelling on a non -conforming lot. The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2nd by Walter F. Soule, the Board voted to GRANT the Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area of 43,583 and street frontage of 24.94' in order to construct a new single family dwelling on a non -conforming lot according to the Plan of Land in North Andover, Mass. Owners: William J. & Deana J. Hamel, Linda M. Emro Trustee, Ronald F. & Linda M. Emro and Anna M. Gilbert, Date: Sept. 30, 1999, Rev.: June 9, 2003, [by] William S. MacLeod, Professional Land Surveyor, #29644, Andover Consultants Inc., 1 East River Place, Methuen, Mass. 01844 and the Sample Floor Plans prepared for Gerard E. Welch, Inc. P. O. Box 248 N. Andover; upon the condition of: 1. George J. Zambouras, P. E. 17 Noble Hill Road, Beverly, MA will specify the Forest Street lot, map, and parcel information in an update of his August 4, 2003 letter. 2. The Plan of Land Mylar will specify the Forest Street lot, map, and parcel information, the ownership information, and will have a four -line signature Zoning Board block. Voting in favor: William J. Sullivan, Waiter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2nd by Walter F. Soule, the Board voted to allow the petitioner to WITHDRAW THE PETITIONS FOR THE FINDING AND SPECIAL PERMIT WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 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. Decision 2003-021. Page 2 of 2 Town of North Andover Board of Appeals, William J. Sullivan, Chairman George I Zambouras, P.E. 17 Noble Hill Road Beverly, MA 01915 August 4, 2003 North Andover Board of Appeals North Andover, MA 01845 Dear Mr. Sullivan, Chairman Recently while performing engineering services for W. Scott Karpinski I was afforded the opportunity to observe the characteristics of the properties in the area and more specifically the vacant lots that are currently under review. In my observance of these lots, the rear portion of the lots yield a significant rise in elevation and support evidence of supporting large boulders throughout. As such any increase of lot area to the rear would not be beneficial to the site for development and any development within the lots would be limited to the front one third of the lots_ Based on the observed topography, expected soil conditions and the limited developable land for expansion, the lots lend themselves to relief from the requirements of zoning. A ZAMWUMs CM DAUG 12 2003 BOARD OF APPEALS 0 of wz o a a� Q z s� v vt J V Z z ZW oc W �% s K Ir O J l (� Z l3y�H40 O a •- Q 2 Q W V f.r, i� z = J 41 �1 3 w O O O O S I 1 , ` as N 211 a 0 a 0 F— 1.51 �kp c 0 aoC -1-10 oawL 0a O zm Z Q -'dO-1 i L. 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Robert Nicetta Telephon 78) 688-9541 Building Commissioner ax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: Lot Forest Street (Map 105D, Parcel 39) NAME: Forest Glen Development, Inc. 130/Middlesex Street, HEARING(S): 7/8 & 8/12/03 North Andover ADDRESS: Lot A, Forest Street (Map 1051); Parcel 39) PETITION: 2003-021 J North Andover, MA 01845 / TYPING DATE: August 18, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12, 2003 at 7:30 PM in the Senior Center�120R Main Street, North Andover, MA upon the application of Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot A, Forest Street, North Andover (Map 105D, Parcel 39) requesting a Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area and street frontage, as well as, a Special Permit and Finding under Section 9, in order to construct a new single family dwelling on a non -conforming lot. The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2°d by Walter F. Soule, the Board voted to allow the petitioner to WITHDRAW THE PETITIONS FOR THE FINDING AND SPECIAL PERMIT WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. Town of North Andover Board of Appeals, William J. Sullivan, Chairman Decision 2003-021. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Street Andover, Massachusetts 01810-3706 (978) 475-4488 Telecopier: (978) 475-6703 MARK B. JOHNSON (MA, NH, DC) LINDA A. O'CONNELL (MA, NH, RI) DONALD F. BORENSTEIN (MA, ME) MICHAEL G. FURLONG (MA) SHAUNA E. McCARTHY, J.D. August 22, 2003 VIA FACSIMILE/(978) 688-9542 and REGULAR MAIL North Andover Zoning Board of Appeals Attn: Chairman 27 Charles Street North Andover, MA 01845 Paralegals KATHRYN M. MORIN LIANNE CRISTALDI JOAN H. DUFF MICHELE C. JONIKAS Re: Variance, Special Permit and Findings Applications Properties: Lot A and Lot C Forest Street, North Andover, MA Applicant: Forest Glen Development, Inc. Dear Board Members: Enclosed please find a revised letter for both Lot A and Lot C from George J. Zambouras, P.E., for your files in connection with the variances approved for the above -referenced properties. I believe this satisfies the condition to the Board's vote, that the specific property addresses of each parcel be referenced in the Engineer's letter. If you should need anything further in connection with these matter, please do not hesitate to contact me. Otherwise, I will await the issuance of your written decisions. J V AUG 2 5 2003 BOARD Or APPEALS F:1New-DocsToresl Glen Dev, IW02-308 Forest Street Comp Permiftba IV 08-21-03.doc North Andover Zoning Board of Appeals Attn: Chairman August 22, 2003 Page 2 Thank again for your time and consideration and the time and consideration of the other Members of the Board. Very truly yours, LAW OFFICE OF MARK B. JOHNSON Donald F. Borenstein DFB/dms Enclosure cc: Jonathan Witten, Esquire Charles Foster, Esquire Forest Glen Development, Inc. FANew-Docs\Forest Glen Dev, Inc102-308 Forest Street Comp Perm6zba Itr 08-21-03.doc AUG -22-2003 FRI 09:48 AM MARKJOHNSON FAX NO 9784756703 LAW OFFICE or MARK B. JOHNSON 12 ChcsInut Sired Andover, Masuchuselts 01810-3706 MARK B. 1011NSON (MA, Nil. DQ t INDA A, (')'C'11NNI U (M A, N1 1, RQ DONAID h. ll0XI:NS1'GIN (IIIA, MI.-) MICl1AHl.tI RINIONG(MA) St IA(JNA k. McC :AN'I t IY. J D. (978) 475-4158 Tciccopicr: (978) 475-6703 Date: Atl�'ust 22,,2IQU FACSIMILE TRANSMISSION COVER SHF.FT To: Norlh Andover Zoping Board OF Appeals ATTN: Re: int A nn(I Lot C, Forest Street, North Andover Receiving facsimile Number: 0781(>88-0542 From: Donald F. Borensteiu Esquire /DMS SQnding Facsimile Number: (978) 475-6703 Number of Pages being (ransmitte,d (lllclll(ling this covet' sheet): w 3 messan0: P. 01 parilgV,als KATHRYN M. MORIN I.IANNti CRI.S I'AIAN JOAN 11. 171111; MIC111:1 di C. JONIKAS Tbis releropy is attorney-client privileged and contains confulentied infurnration imanded iurly for the' prerson(r) nanied above. Any other distribution, copying or disclosure is strictly prv/tihiled. Y' you have received this felecopy in error, pleresc: notify us iulnmediatcly /.y telephone, and reltrrn (he original transmission to tis by mail without ►flakill , a COPY. If problems in transmissiou are encountered, please contact sender at (978) 4754488. -- AUG -22-2003 FRI 09:48 AM MARKJOHNSON FAX NO 9784756703 N U2 LAW OFFICE OF MARK..B. JOIINSON 12 Chcstmd Street Andover, Massachusetts 01810-3706 (978)475-4488 Tula opiur. (978) 475-6703 NIARK 11. )OHNSUN (MA, Nil. DC) KATIIRYN M. MORIN 1.1NDA A. O'CONNI.LI, (MA. NII, Rl) CIANNIXIOSTAID1 II(1NAI1) V BORI,NS7'HN (MA. NIC) JOAN It. DON; W(AlArm. (i. FORLONG (MA) MIQ10 h C. JONIKAS SI IAUNA U. M&AR'I IIY, J.II Aug ist 22, 2003 14A PACS/h!//. f el()78) 658-9542 and REGUI-AR 41,411, North Andover Zoning Board oi'Appettls Alln: Clmicm.an 27 Charles Street N(u`th Andover, MA 01845 lte: Variance, Special Pernnit tmd Findings Applications Properties: Lot A and Lot C: Forest Street, North Andover, MA Al}Rl icarlt: l orest Glen Development, Inc. Dear board Mernbers: Enclosed please find a revised letter for both Lol. A and Lot C from George J. %a n&Uras, P,E., for your files in connection with the variances Opproved for the Above -referenced properties. 1 believe this satisfics the condition to the Board's vote, that the sped tic property addresses of each Marcel be referenced in the Engineer's letter. if you should steed anything further in connection with these matter, piense (lo not hesitate to contact me. Otherwise, l will await the issuance of your written (lecisions. m FWow-LIKOrna.;lGla O:r,IM102N1d1'gr,tFho;lCormlurmakOB•21.0,1ft AUG -22-2003 FRI 09;48 AM MARKJOHNSON FAX NO 9784756703 P 03 North Andow— Zoning Rwrd of Appeals Ami: (.1tairman Awl List 22, 2003 llaoL 2 Thank again for your tine and consideration and the t.irne and consideration of the other Members of the Tigard. Very truly yours, LAW OFFICE•. OF MARK B. Jot INSON � ferns Donald F. Borenstein I)FI3ltinls Enclostlre cc: Jonathan Wittcn, Fsdnire Charles roster, ESgUiro li'orest Glen Development, Inc. Fmew Dmsftrul Glen Div, IW02.308 FbrNst Streel Comp PumiBzba pr 08-21-03.doc AUG -22-2003 FRI 09:48 AM MARKJOHNSON a FAX N0, 9784756703 1 George J. Lambouras, PT". 17 Noble hill Road Beverly, MA 01915 AuID.;14, 2003 North Andover Board of Appeals North Andover, MA 0 18 45 Ito: 17orest Strect Lot C -- Assessors Map 10517, Parcel 71, N. Andover Forest Strep t Lot A — Assessors Map 105U, .Parcel 39, N. Andover 1)cx Mr, Sullivan, Chairman Recently While performing enginceritig services for Mr. Scott Karpinski I was afforded the opportunity to observe the characteristics of the properties in the area and more spocif ically the vacant parcels, Lot C •- Assessors Map 1050, Parcel 71 and Lot A — Assessors Map 1051,, Norcel 39 1h3 are currently under review. In my observance of Ihese lots, the rear pnriion of the lots yield a significant rise in elevation and support evidence of Aupporting large boulders throughout. As such any increase of lot area to the rear would not he beneficial to the site for development and any development within the lois would be limited to the front one third of the lots. Based on the observed topography, expected soil conditions and the limited developable land for expansion, the lots lend thontselvos to rclieffrom the requirements of zoning. i ltespe f fill ly, 11(;1.00d.f. 7. 4�ouras, P.l;. 1, GEDACE ZAMBOUPWS a CIVIL 13630 .e _ P. 04 AUG -22-2003 FRI 09:48 AM MARKJOHNSON. $ FAX N0, 9784756703 P, 04 George J.Lambouras, P.I:. 17 Noble dill Road Deverly, MA 01915 Au.1,ust 4, 2003 North Andover Board of AppoAls Nottli Andover, MA 01815 Re: Forest Street Lot C -- Assessors Map 105D, Pareel 71, N. Andover Forest Strwt Lot A — Assessors Map 105D, .Parcel 39, N. Andover Dear Mr, Sullivtrn, Chairman Itc.ecntly while performing enE;incering services for Mr. Scott Karpinski T was afforded lite Opportunity to observe the characteristics of the properties in the area and more spy^cifleally the vacant parcels, Lot C •- Assessors Map 105D, Parcel 71 and Lot A — Assessors Map 105D, Parcel 39 that are currently under review. Tn my observance of these lots, the rear portion of the lots yield a significant rise in elevation and suppolt evidence of stippoh.i ng large boulders throughout:. As such any increase of lot area to the rear would not he beneficial to the site for development and any development within the lots would be limited to the front one third of the lots. Based on the observed topography, expected soil conditions and the limited developable land for expansion, the lots lend thomselvc s to mlief from the requirements of zoning. f fid ly, Al� 61ouras, �„tN AF Ar�r ti CGRGE ZAMBOLMAS a QVIt. �+►�I3Q30 Q n AUG -22-2003 FRI 09:48 AM MARKJOHNSON $ FAX NO, 9784756703 k George J.Lambouras, P.I:. 17 Noble IN Road Beverly, MA 01915 August 4, 2003 North Andover 13oard ofAppcals Nodli Andover, MA 01315 Re: Forest Street Lot C -- Assessors Map 105D, Parcel 71, N. Andover Forest Stroot Lot A — Assessors Map 1050, Parcel 39, N. Andover Dc:ar Mr, Sullivan, Chairman Recently While performing engineering services for Mr. Scott Karpinski 1 was afforded the opportunity to observe the characteristics of the properties in the area and more spocilleally the vacant parcels, Lot C — Assessors Map 1050, Parcel 71 and Lot A — Assessors Map 105D, Parcel 39 that are currently under review. Trimy observance of these lots, the rear portion Of the lots yield a significant rise in elevation and suppon evidence of supporting large boulders throughout. As such any increase of lot area to the real- would not he beneficial to the site for development and any development within the 101s we,uld be limited to the front one third of the lots. Based on the; observed topography, expected soil conditions and the limited developable land for expansion, the lots lend thontselve,s to relief'from the requirements of zo6ig. nF J. ZMIBOMAS CML 13640 n s' 1"T". P. 04 Town of North Andover , NORTH RJ,DS a' Office of the Zoning Board of Appeals o? •i+` ' ' {t; t;�.C �F ommunity Development and Services Division 27 Charles Street ` °20 * ---• ,r P j: 14 } North Andover, Massachusetts 01845 SSACHUSE D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: Lot A, Forest Street (Map 105D, Parcel 39) NAME: Forest Glen Development, Inc. 130 Middlesex Street, HEARING(S): 7/8 & 8/12/03 North Andover ADDRESS: Lot A, Forest Street (Map 105D, Parcel 39) PETITION: 2003-021 North Andover, MA 01845 TYPING DATE: August 18, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot A, Forest Street, North Andover (Map 105D, Parcel 39) requesting a Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area and street frontage, as well as, a Special Permit and Finding under Section 9, in order to construct a new single family dwelling on'a non -conforming lot. The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2nd by Walter F. Soule, the Board voted to GRANT the Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area of 43,583 and street frontage of 24.94' in order to construct a new single family dwelling on a non -conforming lot according to the Plan of Land in North Andover, Mass. Owners: William J. & Deana J. Hamel, Linda M. Emro Trustee, Ronald F. & Linda M. Emro and Anna M. Gilbert, Date: Sept. 30, 1999, Rev.: June 9, 2003, [by] William S. MacLeod, Professional Land Surveyor, #29644, Andover Consultants Inc., 1 East River Place, Methuen, Mass. 01844 and the Sample Floor Plans prepared for Gerard E. Welch, Inc. P. O. Box 248 N. Andover; upon the conditions of - 1. f 1. George J. Zambouras, P. E. 17 Noble Hill Road, Beverly, MA will specify the Forest Street lot, map, and parcel information in an update of his August 4, 2003 letter. 2. The Plan of Land Mylar will specify the Forest Street lot, map, and parcel information, the ownership information, and will have a four -line signature Zoning Board block. Voting in favor: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2nd by Walter F. Soule, the Board voted to allow the petitioner to WITHDRAW THE PETITIONS FOR THE FINDING AND SPECIAL PERMIT WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 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. Decision 2003-021. Page 2 of 2 Town of North Andover Board of Appeals, William I tullivan, Chairman Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Street Andover, Massachusetts 01810-3706 (978)475-4488 Telecopier: (978) 475-6703 MARK B. JOHNSON (MA, NH, DC) LINDA A. O'CONNELL (MA, NH, RI) DONALD F. BORENSTEIN (MA, ME) MICHAEL G. FURLONG (MA) SHAUNA E. McCARTHY, J.D. August 6, 2003 North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 c/o Mitch Glennon Paralegals KATHRYN M. MORIN LIANNE CRISTALDI JOAN H. DUFF MICHELE C. JONIKAS Re: Comprehensive Permit Applications Properties:, Lot A and Lot C Forest Street, North Andover, MA Applicant: Fbrest Glen Development, Inc. Re: Variance, Special Permit and Findings Applications Properties: Lot A and Lot C Forest Street, North Andover, MA Applicant: Forest Glen Development, Inc. Dear Board Members: This letter will confirm that the Applicant will proceed alternatively, under both sets of the above -referenced applications, at the Zoning Board's meeting on Tuesday, August 12, 2003. The Applicant requests that the applications for Variance/Special Permits/Finding related to the single family development of each property be considered first by the Board. DC(�ii '1'`F'� I AUG 1 1 2003 ' ""Do-Torest Glen Dev. M602-308 Forest Street Camp PemWBA 6t 8.6-03.doc BOARD OF APPEALS S August 6, 2003 Page 2 I believe this request is consistent with Town Counsel's advice to the Board on this matter. Thank you in advance for this cooperation in this regard. Very truly yours, LAW OFFICE OF MARK B. JOHNSON Donald F. Borer /jd pc: Forest Glen Development, Inc. John Witten, Esq. Charles Foster, Esq. AUG 11 2003 F:ANew-DocslForest Glen Dev, Incl02-308 Forest Street Comp Permft\ZBA ltr 8-H3,doc BOARD 0E- APPEALS tz 0 C— 0 to § C= r - o n r"D FH M CD cm oil o tz O 01 p 03 stl -41 flj 4 V 4 0 ::: .... po THOMAS J. URBELIS e-mail tju@ufb.com William Sullivan, Chair Zoning Board of Appeals 27 Charles Street North Andover, MA 0184` URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 July 3, 2003 RE: LOTS A AND C — FOREST STREET Dear Mr. Sullivan: You requested that I respond to the following questions: Andover Telephone 978-475-4552 1. Can the ZBA have both types of applications on the. agenda, (a) 40B and (b) Variance,, Special Permit & Finding? t. ; 2. Since nothing changed as to shape, topography, or soil conditions since the Board denied the 2000 petitions, can the Board reverse itself? 3. Is the hardship of unusable land enough? Response to Question 1 In my opinion, while the Chapter 40B application and the variance request may be on the agenda for the same date of hearing, the two hearings should proceed separately (and be advertised separately) with testimony taken independently for each such hearing. Response to Question'2 No -person has a legal right to a variance, and they should be granted sparingly, only E C 5116 %faitare-present which satisfy requirements of M.G.L. c. 40A, §,10: Broderick v. JUL 2 2 2003 \work\n-andove\coiresp\sull i van.ltr-foster. doc Boor OE APPEALS URBELIS & FIELDSTEEL, LLP William Sullivan, Chair July 3, 2003 Page 2 Board of Appeals of Boston, 361 Mass. 472, 479 (1972), citing Damaskos v. Board of Appeals of Boston, 359 Mass. 55, 61 (1971). M.G.L. c. 40A, § 10 provides that a variance may be granted only where the permitting authority, "specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affectirg generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that describe relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law." The Supreme Judicial Court "has repeatedly held that no variance can be granted unless all of the requirements of the statute are met." Warren v. Board of Appeals of Amherst, 383 Mass. 1, 9-10 (1981), citations omitted. In this case, the petitioner must show there is something about the soil condition, size, shape or topography of the property in question that affects this property and not the district so as to make enforcement of the by-law a hardship. The mere fact that lots have insufficient frontage is not sufficient to satisfy that statutory requirement. Warren, supra. at 11. In Warren, the fact that frontage of one lot was insufficient as a result of the earlier conveyance of an adjoining lot by a prior owner of both parcels was held insufficient grounds for granting of a variance to a subsequent owner. URBELIS & FIELDSTEEL, LLP William Sullivan, Chair July 3, 2003 Page 3 The Board should consider the evidence presented at the hearing. In my opinion, if the Board determines that all the statutory conditions for a variance are met, the Board may, if it decides to do so, vote to grant the variance notwithstanding a previous denial of such variance. Response to Question 3 Mass. Gen. '11. ch. 10A, § 1 O requ res a variance petitioner to demonstrate that a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise." The hardship must relate to the premises for which the variance is sought. A nexus must exist between "a circumstance" set forth in the statute and the hardship claimed by the petitioner. In Quiragossian v. Board of Appeals of Watertown, 21 Mass. App. Ct. 111 (1985) the court reviewed a petition for a use variance for a lot of allegedly unique shape. In rejecting this claim, the court termed the relationship between the statutory circumstances and hardship to be "symbiotic." "[T]he hardship alleged must arise from the shape of the locus or one of the other factors specifically referred to in § 10. An applicant for a variance must show that the land's shape, alone or in combination with other features of the land, prohibits development consistent with the ordinance. When the applicant makes such a showing, hardship can be found to exist." Personal hardship is not a proper factor for consideration. Nor is personal financial hardship because of lost profits, prior expenditures or resale value. Where the hardship alleged by a petitioner has been self-created", the courts have been consistently hostile to relief through the variance procedure. See Bobrowski, Massachusetts Land Use and Planning Law. § 8.03(B). URBELIS & FIELDSTEEL, LLP William Sullivan, Chair July 3, 2003 Page 4 See also Karet v. Zoning Board of Appeals of Worcester, 27 Mass. App. Ct. 439, 440 (1989) ("It is ... clear that a lot cannot qualify for a variance if the circumstance creating the hardship is itself the result of a transfer that violates in some respects applicable zoning requirements for buildable lots.") I trust the foregoing answers your inquiry. Please call if you have any questions, or if there is anything else you reed. Very truly yours, i S *016 6 � Thomas J.tylbelis TJU/lah cc: Board of Selectmen Heidi Griffin D. Robert Nicetta Mark Rees Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner FAX TRANSMISSION a TO: FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: Telephone (978) 688-9541 Fax (978) 688-9542 DATE: 7 " /6 " Q!2 SUBJECT:�'D�a�`f CrIPn ��✓Q� �� �pec7l�j REMARKS: a., V ✓��I ; s tri 7 - Board of Appeals 688-9547 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP Fax K1220xi Last Transaction Date Time Twe Identifcation Log for NORTH ANDOVER 9786889542 Jul 16 2003 12:17pm Duration P-� Result Jul 16 12:15pm Fax Sent 89784756703 1:55 7 OK Glennon, Michel From: Michel Glennon[mglennon@townofinorthandover.com] Sent: Wednesday, July 02, 2003 3:12 PM To: 'tju@ufb.com' Subject: Lot A & C Forest Street Hello, Atty. Urbelist; Mr. Sullivan has two questions about the Forest Street applications: 1. Can the ZBA have both types of applications on the agenda, 40B and Variance, Special Permit & Finding? 2. Since nothing has changed as to shape, topography, or soil conditions since the Board denied the 2000 petitions; can the Board reverse itself? Is the hardship of unusable land enough? 40B Lot A (parcel 39) legal notice read 3-11-03, continued without any testimony to August 12, 2003 ZBA petition # 2003-008. 40B Lot C (parcel 71) ZBA petition #2003- 009. Variance, Special Permit & Finding Lot A (Parcel 39) legal notice to be read 7-8-2003 ZBA petition # 2003-021. Variance, Special Permit & Finding Lot C (Parcel 71) ZBA petition # 2003-022. Thank you, Mich Glennon THOMAS J. URBELIS e-mail tju@ufb.com William Sullivan, Chair Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 July 3, 2003 RE: LOTS A AND C — FOREST STREET - Dear Mr. Sullivan: You requested that I respond to the following questions: Andover Telephone 978-475-4552 1. Can the ZBA have both types of applications on the agenda, (a) 40B and (b) Variance, Special Permit & Finding? 2. Since nothing changed as to shape, topography, or soil conditions since the Board denied the 2000 petitions, can the Board reverse itself? 3. Is the hardship of unusable land enough? Response to Question 1 In my opinion, while the Chapter 40B application and the variance request may be on the agenda for the same date of hearing, the two hearings should proceed separately (and be advertised separately) with testimony taken independently for each such hearing. Response to Question 2 No person has a legal right to a variance, and they should be granted sparingly, only N E C UeWflare present which satisfy requirements of M.G.L. c. 40A, § 10. Broderick v. JUL 1 6 2003 s:\wp5l\work\n-andove\c IAt an.ltr-foster.doc BOARD OF ArP� URBELIS & FIELDSTEEL, LLP William Sullivan, Chair July 3, 2003 Page 2 Board of Appeals of Boston, 361 Mass. 472, 479 (1972), citing Damaskos v. Board of Appeals of Boston, 359 Mass. 55, 61 (1971). M.G.L. c. 40A, § 10 provides that a variance may be granted only where the permitting authority, "specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that describe relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law." The Supreme Judicial Court "has repeatedly held that no variance can be granted unless all of the requirements of the statute are met." Warren v. Board of Appeals of Amherst, 383 Mass. 1, 9-10 (1981), citations omitted. In this case, the petitioner must show there is something about the soil condition, size, shape or topography of the property in question that affects this property and not the district so as to make enforcement of the by -lave: a hardship. The mere fact that lots have insufficient frontage is not sufficient to satisfy that statutory requirement. Warren, supra. at 11. In Warren, the fact that frontage of one lot was insufficient as a result of the earlier conveyance of an adjoining lot by a prior owner of both parcels was held insufficient grounds for granting of a variance to a subsequent owner. URBELIS & FIELDSTEEL, LLP William Sullivan, Chair July 3, 2003 Page 3 The Board should consider the evidence presented at the hearing. In my opinion, if the Board determines that all the statutory conditions for a variance are met, the Board may, if it decides to do so, vote to grant the variance notwithstanding a previous denial of such variance. Response to Question 3 Mass. Gen. L. ch. 40A, § 10 requires a variance petitioner to demonstrate that "a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise." The hardship must relate to the premises for which the variance is sought. A nexus must exist between "a circumstance" set forth in the statute and the hardship claimed by the petitioner. In Guiragossian v. Board of Appeals of Watertown, 21 Mass. App. Ct. 111 (1985) the court reviewed a petition for a use variance for a lot of allegedly unique shape. In rejecting this claim, the court termed the relationship between the statutory circumstances and hardship to be "symbiotic." "[T]he hardship alleged must arise from the shape of the locus or one of the other factors specifically referred to in § 10. An applicant for a variance must show that the land's shape, alone or in combination with other features of the land, prohibits development consistent with the ordinance. When the applicant makes such a showing, hardship can be found to exist." Personal hardship is not a proper factor for consideration. Nor is personal financial hardship because of lost profits, prior expenditures or resale value. Where the hardship alleged by a petitioner has been self-created", the courts have been consistently hostile to relief through the variance procedure. See Bobrowski, Massachusetts Land Use and Planning Law. § 8.03(B). URBELIS & FIELDSTEEL, LLP William Sullivan, Chair July 3, 2003 Page 4 See also Karet v. Zoning Board of Appeals of Worcester, 27 Mass. App. Ct. 439, 440 (1989) ("It is ... clear that a lot cannot qualify for a variance if the circumstance creating the hardship is itself the result of a transfer that violates in some respects applicable zoning requirements for buildable lots.") I trust the foregoing answers your inquiry. Please call if you have any questions, or if there is anything else you need. Very truly yours, Thomas J. XYlbelis TJU/lah cc: Board of Selectmen Heidi Griffin D. Robert Nicetta Mark Rees RECEIVED JUL 0 7 2003 BUILDING DEPT. � D�- /4-, �0�3- aal July 8, 2003 Zoning Board of Appeals Town of North Andover North Andover, MA 01845 Dear Chairman Sullivan and Members of the Board, We the undersigned, residents of the neighborhood surrounding Lot A and Lot C Forest Street, support the applicant's various petitions to the North Andover Zoning Board of Appeals for approval to construct a single-family home on each lot. We believe these single-family proposals are entirely consistent with the existing neighborhood and will cause no harm to us, the neighborhood or the Town. JUL 8 - 2003 BOARD OF APPEALS AT �.I i � 0 81. 06 'O lV-1d 3 (D Ln \ r U') �m o 00 4, (D oa < \ 01) �ry9� Q� d'S e'- �p• N N N I \ \ to r \ D a to 04 0\ N�� N s— N 0 O r �O N r CPco m (o `— d +�"InI co^ • N AN1 t It (o• r co 11) N Co co : � �I 9 !y Lo T- N Deb f cD Pro 6a n Z Lo I Z M ' LU L0 °A T r O " N a° co ° CI) j co °o "= W A \O t` N u w " �o( W d\ NO v M co � (.i J PsO� r r a/�i Ap3�2 CI4 Q 11Y J6 <s, V] CD I (\ ~ x l`J� 1`J ss ~ LLo A m i` ry O r c- m \ / v °° I V) is co co Co } I o O / \ - r- m Lo r ! \ CD o M 9 lo �I ry w \ / � ~ mz ti r -RM 1CI4 T- 0 I \ U4 Q I J ti a 0y. rfi I o"i ' ap t1J I I. / � Y'' •4# M N a O M sO m °m M G$ N pao N \ v o0 1 •p M O o! M r I t-- jS Mr K. r m" m N T- r0 $ M r' s gr N y o 0 6196, pa N 6p� r � 151 b3' Ibl.lr r 1VY � dco Shy! 6 N 1't' +tai t-- f6a I C1 `•a ` J W {yDIG N M04 04 Lo d e rn Ln a , s %' o� a sQ Lo o o 1�3 O� l M P s4 A�to N U 04m 1 X11 L' R oe co I I () r N (D (DCN CN / N a O LL (D °' Q \ f\ M 3A`d I� O Q� a � M ~ W �B (1 04 CL 153 IZ a \ 1 i1r 1481T �''• p CD l � •. i Q 6((11 {,((1 3:.,F ° N 506 ' N iVId D3S /�� �0 1� m r JUN -18-2003 WED 01:00 PM ATTY MARK B JOHNSON FAX NO, 9784756703 LAW OFFICE OF MARIA B. JOHNSON 12 Cbestnut Street Andover, Massachusetts 01810-3706 MARK 8. JOHNSON (MA, NH, DC) LINDA A. O'CONNELL (MA, NH, RI) DONALD F. BORENSTEIN (MA. ME) MICHAEL G. FURLONG (MA) SHAUNA E. MCCARTHY, J.D. (978) 475.4488 Telecopier: (979)475-6703 Date: June 18, 2003 1~ACSMLE TRANSMISSION COVER SHEET To: Mitch P. 01 Prruleeals KATHRYN M. MORIN LIANNE CRISTALDI JOAN H. DUFF MICHELE C. JONIKAS Re: Forest Glen Dev. Special Permit and Finding ��+ A �iclrc Ql 3 Receiving Facsimile Number: (978) 688-9542 From: Joan H. Duff, Paralegal. 5M Sending Facsimile Number: (978) 475-6703 Number of Pages being transmitted (including this cover sheet): 3 Message: Hello, Mitch: Attorna Borenstein asked that I send you the attached marked up copies of the legal notice for the above referenced property. We are completing the Special Permit forms and Finding, which I will brine over shortly. Thank you for your This telecopy is attorney-client privileged and contains confidential information intended only for the person(s) named above. Any other distribution, copying or disclosure is strictly prohibited. If you have received this telecopy in error, please notify us immediately by telephone, and return the original transmission to us by mail without making a copy. - If problems in transmission are cneountered, please contact sender at (978) 475-4488. �C�GcC�Vi�ri JUN 1 8O 2003 BOARD OF APPEALS JUN -18-2003 WED 01;00 PM ATTY MARK B JOHNSON FAX NO 9784756703 P. 02 Jun 18 03 i1137a NORTH RN1)OVER 9786889542 p.9 5v'c ttl Wen- ' Legal NoticeYA North Andover, Board of5 e� 4k i Notice is hereby given that the Board of Appeals will hold a pthe Senior Center.120R Main Street, North Andover, MA on Tuesday the a of July, 2to all parties interested in the appeal of Forest C ka Developmeet, [be.130 Middlesex Strever, fear premises at: Lot A, Forest Serest, NoA Andover (Map 105D, Parcel 39) requestfrom Saaion 7, Paragraphs 7.1, 7.2, and fable 2 for reliefof minunurn lot area and Streetr to construct a new single family dwelling on apavq non -conforming let. The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through 'Mursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on lune 23 & 30, 2003, Legalnotiee 2003.021 JUN 1 8 2003 BOARD OF APPEALS Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 8`h of July, 2003 at 7:30 PM to all parties interested in the appeal of Forest Glen Development, Inc. 130 Middlesex Street, North Andover, for premises at: Lot A, Forest Street, North Andover (Map 105D, Parcel 39) requesting a Variance from Section 7, Paragraphs 7.1, 7.2, and Table 2 for relief of minimum lot area and street frontage in order to construct a new single family dwelling on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on June 23 & 30, 2003. Legalnotice 2003-021 Apf,,ARS Ori 4'I— Town of North Andover Office of the Zoning Board of Appeals F - Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 'SsAC+{USE�� D. Robert Nicetta. Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 TO: (lCyl G 0 ODS1,1(d �� 7�Ur-e H5 Ye IA FAX Number: 17 �6 003 FROM: Town of North Andover Zonuag Board of Appeals PHONE: #978-688-9541 FAX: #978-688-9542 DATE: 6` 100._D3 SUBJECT: 4- Lot L FD y n f s Number of pages: 17 REMARKS: Attached is a fax containing your legal notice, which needs to be placed with the legal notice department at the Eagle -Tribune. The Eagle -Tribune legal notice department's direct dial phone number is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle -Tribune legal notice department's fax number is 978-686-0755. Please contact the E -T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 111 publishing deadline of at least 14 days before a hearing. The E -T need 2 full business days before the publication date. If there is no legal notice publication at least 14 days before the hearing then the Board cannot hear your petition and you will not be placed on the ZBA agenda for the upcoming meeting. E -T Submission Date before 5:0n' 1't Publication Date Meeting Date We Q.- 1� v\e 3 f4 LI Please be reminded that it is your responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 {lays prior the ZBA meeting. You ,are also ,required to briniz, or fax conies of the proof of the _certified mailing, to the office of the ZBA Secretary as -soon -as you have completed the mailing. Again, failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP Fax K 1220xi Last Transaction Daae Time Twe Identification Log for NORTH ANDOVER 9786889542 Jun 18 2003 1:48pm Duration Pales Result Jun 18 1:47pm Fax Sent 89784756703 1:18 3 OK TOWN OF NORTH ANDOVER VARIANCE f= ZONING BOARD OF APPEALSVow : IMPORTANT PHONE NUMBERS: Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office - 978-688-9501 Town Clerk's Office o �-6L815#5W13jil ',g Department Zz 7o JUN 12 2003 BOARD OF APPEALS Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Forest Glen Develo ment Inc. 130 Middlesex St. North Andover MA 01845 (978)794 9191 The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Linda M. Emro, Trustee of Pine Hollow Trust, 781 Forest St. North Andover, MA 01845 (978) 975-0453 Years Owned Land: 10 years, 4 Months 2/5/93 3. Location of Property: a. Street: Lot A Forest St Zoning District R-1 b. Assessors: Map number lo5D Lot Number: 39 c. Registry of Deeds: Book Number 3657 Page Number: 232 4. Zoning Sections under which the petition for the Variance is made. Section 7 Paragraphs 7.1 and 7.2 t *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request To construct /a new single family home on a lot which does not meet the current minimum area or frontage requirements. *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 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. 43,146 N/A N/A % 150 B. % N/A N/A N/A N/A N/A I Page 3 of 4 Application for a ®I ARIANCE int A r Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Frontage Parking Minimum Lot set Back Coverage Feet Spaces Front Side A Side B Rear 43,146 N/A N/A % 150 N/A N/A N/A N/A �A c. Proposed Lot (S): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Frontage Parking Minimum Lot set Back Coverage Feet Spaces Front Side A Side B Rear 43,146 N A N A % 150 2 min) d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 87.120 N/A N/A pyo 175 30 30 30 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* N/A N/A N/A N/A , 'Reference Uses from the Zoning By -Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 2176(max) 2-1/2 4,352_maxResidential N/A N/A -N/A N/A N/A N/A N/A N/A 'Reference Uses from the Zoning ByZaw. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of t is applicati as incomplete. Sic, nature !'l 11_11>el Type above narrtey(s) here Jacques Marchand, President of Forest Glen Development, Inc * Owners authorization attached Zoning Bylaw.Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: -.._ . Forest St Lots A 8r C...__ .. ------ -- .Ma /Lot: Map/Lot: 105D 171 & 39 Applicant, William J. & Deana J. Hamel / Ronald F. & Linda M. Emro / Anna M. Gilbert Request: Construction of 2 single family homes on lots 71 & 39 Date: January 24, 2000 1 Frontage Insufficient X Please be aavisea tnat atter review or your tiunaing Permit Application ana Plans trial your Application is DENIED for the following Zoning Bylaw reasons: 7nninn Remedy for the above is checked below. Item # Special Permits Planning Board Item # Item Notes Site Plan Review Special Permit Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 1 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 1 Insufficient Information 4 Insufficient Information C Setback H Building Heighti--•_ 1 All setbacks comply 1 Height Exceeds Wximurri'' , 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient 1 Building Coverage 6 1 Preexisting setback(s) 1 Coverage exceeds maximum, 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed J Sign 3 Lot prior to 10/24/94 1 1 Sign not allowed 4 1 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Al / F1 Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit I Special Permits Zoning Board Inde endent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Other Watershed Special Permit SuppIy 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 building department will retain all plans and documentation for the above file. You must file a new building perm' appl' i n f andtpgin permitting process. zff02 010 / o-) DC7 uii ing Departm nt Official Signature App tion Keceivea Appli6ation f5enied Denial Sent: If Faxed Phone Number/Date: d 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: AIM Fl Lots are in a RI District which requires 87,120 square feet of area and 175 Feet of frontage. Information taken from plan of land drawn by Andover Consultants Inc. dated 9/30/99 and revised 1/20/00 Referred To_ Fire Health Police X Zoning Board Conservation De rtment of Public Works Planning Historical Commission ADDENDUM TO APPLICATION FOR VARIANCE Petitioner: Forest Glen Development, Inc. Property: Lot A, Forest Street, North Andover Map/Lot: 105D/39 The Petitioner submits the following information as an Addendum to its Application for Variance. 1. Proposed Use/Construction: The Applicant seeks a variance from the current minimum lot area and lot frontage dimensional requirements in the R-1 Zoning District, in order to allow for the construction of one, single-family home on the Property, to comply with current dimensional limitations for set back distances and height. The maximum "foot -print" of the home proposed by the Applicant is 32' x 68'. The maximum height of the home proposed by the Applicant is 35 feet. 2. Circumstances relating to conditions affecting the Property for which the variance is sought which do not affect generally the zoning district in which the Property is located. The Applicant seeks to make reasonable use of the Property by constructing a single- family home on it, consistent with the other residential lots and existing homes in the neighborhood. Currently the Property is undeveloped. The Property was first shown on a plan of land prepared in 1972. In 1990, the Zoning Board issued a variance allowing for the development of the Property, finding that the Property met the tests necessary for the issuance of a variance. Due to a lawsuit concerning the Property, that variance could not be acted on with one year of its issuance. Nearly all of the surrounding properties have been developed with single-family homes on similarly sized lots 3. Facts which establish that a substantial hardship, financial or otherwise, will result from the literal enforcement of the applicable zoning restrictions. The Property is un -buildable and can not be profitably developed for any use under a literal enforcement of the current zoning restrictions. The Applicant and the Property Owner would be deprived of all value in the Property and suffer substantial financial hardship, without the grant of a Variance or other extraordinary relief from the Board. FANew-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\variance\Addendum.doc I 4. Facts supporting a finding that the relief sought will be desirable without substantial detriment to the public good The single-family development proposed by the Applicant would be entirely consistent with the neighborhood in which the Property is located and would result in no harm to the public or abutters to the Property. Many of the surrounding properties are of similar size and are improved with equivalent homes. In fact, it is expected that all or nearly all of the abutters to the Property will express support for this Application and prefer that the Property be developed for single-family use as proposed in this Application. 5. Facts supporting a finding that the relief sought may be given without nullifying or substantially derogating from the intent and purpose of the zoning bylaw. The purposes stated in the Town's Zoning Bylaw include "the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Andover" and "encouraging the most appropriate use of land", among others. The Applicant's proposal (being a single dwelling unit situated on over an acre of land, nearly identical to the surrounding development) is consistent with the purposes expressed in the bylaw. There is no basis, either under principles of sound planning or public health or safety considerations, that would support the denial of the Applicant's proposal. But for the stated requirements of the bylaw's dimensional table, the proposed development is entirely consistent with the intent of the Bylaw and the neighborhood in which the Property is located. LETTER OF AUTHORIZATION TO FILE AND PROSECUTE APPLICATIONS AND REQUESTS FOR PERMITS AND APPROVALS RE: Lot C Forest Street, North Andover, MA, as shown on Assessors' Map 105D, Lot 71 Now comes the undersigned, on behalf of the Estate of Anna Gilbert, late owner of the above -referenced property, and hereby authorizes Gerard E. Welch and/or Forest Glen Development, Inc. (and their attorneys and engineers) to file, request, and pursue permits and approvals for construction and development on or about said property, including, without limitation, variance applications filed with the North Andover Zoning Board. Lot C, North Andover, MA /i✓ 'Y/ Linda Emro for Estate of Anna M. Gilbert Dated: " le c -; Town of North Andover, Zoning Board of Appeals Parties of Interest % Abutters Listin tZ REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or 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, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel; °name`2nd address (plea'seprint clearly and use black ink.) `:= MAP PARCEL NAME ADDRESS L/ JDs- WM ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 100=10M lU . s 3>I �i� J%1�1 � � PiTl A L 'Gtb 140 4A A z1 r A e -112 Vd. N2) . THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE PAGE OF � 0 Town of North Andover Zoning Board of A eats Parties of Interest / Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any p private street or way, and abutters to abutters within three hundred (300) feet of he ublic or property line of the petitioner.as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (pleaseprint clearl and use black ink.) Y MAP PARCEL NAME _ ADDRESS PLIn7 ABUTTERS PROPERTIES MAP PARCEL ,cs 'y NAME sed ADDRESS / 3d L ��� AJ1 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE i A PAGE. OF fled b Board f A or orth Andover k Town of forth Andover, Zoning Board of Appeals Parties of Interest/ Abutters Listin q,� N xw ow REQUIREMENT: MGL 40A, Section 11 states m part "Parties in Interest as used in -this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or 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, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP . PARCEL NAME ABUTTERS PROPERTIES MAP PARCEL J ZZ L! �, � MM NAME ADDRESS T 1 fGl2'65T If 7— ADDRESS 7s ,.r -c des) s .._. wl • 24 61,p:o /,Z�- ' L1jj) A.�Vj AuDo✓ai A101 rp e, AAM THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: ATURE; ; —Date i0 �l OF Town of North Andover Zoning Board of A eats Parties of Interest/ Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this chapter shall mean the pe#itionei`;;alutters, owners of land directl o osite on any public or private street or 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, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL ABUTTERS PROPERTIES NSP PARCEL NAME NAME ,S' C' 4�Il ADDRESS ADDRESS fid_ kpD. THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE PAGE OP .-A 2 i r O N V r Z A I I � I 2'4" 14'-0" m ' I o � � c I r I 0o z m 0 w m o o I I �1 x'10" A A N b w `A 6'-0" SLIDING 2'-6" 2'-8" ---------------------------- 3'-5" m 3f o LINEN --------- 7�— I I I I w I I I 1 O I I I I I I I I I I I I I 1 O V-10" "; d' Ll LINEN cn A -n V J 4'-8 112" Z J J —1 —1 n °i 10'-2" ' A _ _ I I d 1 ----------------- Mi PAGE 4OF4 VARIANCE E: 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 of the North Andover Zoning By -Law all dimensional 10 C. FEATURES TO BE INDICATED ON PLAN: requirements shall be clearly identified and factually supported and addressing A. Site Orientation shall include: each of the following points individually is required with this 1. North point 2. application. zoning district (s) 3. names of streets A. The particular use proposed for the land or structure. 4. wetlands to be shown on plan (if applicable) 5. B. The circumstances relating to soil conditions, abutters of property, within 300 foot radius 6. shape or topography of such land or structures location of buildings on adjacent properties within especially affecting the property for which the variance is sought 50' from applicants proposed structure 7. deed restrictions, which do not affect generally the zoning district in easements B. Legend & Graphic Aids: which the property is located. C. Facts which make up the substantial hardship, 1. Proposed features in solid lines & outlined in red financial or otherwise, which results from literal 2. Existing features to be removed in dashed lines 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. D. Facts relied upon to support a finding that 6. Names/addresses/phone numbers of the ' applicant, relief sought will be desirable and without substantial detriment owner of record, and designer or surveyor. to the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. F. Submit RDA from Conservation Commission when topographic information. A set of building elevation and interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/ and/or application. a proposed change in use. Elevation plans for minor 10. Plan of Land projects including decks, sheds, & garages shall be included with a side view depicted on the Each application to the Zoning Board of Appeals shall be plot plan, which includes a ground level elevation. accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. A. Notification Fees: Applicant is to send by certified _mail all legal notices to all abutters, and 10 A. Major Projects then supply proof of mailing to the ZBA secretary. Major projects are those which involve one of the following Applicant is to supply stamps (appropriate current whether existing or proposed: a) five or more parking postage) for mailing of decisions to all spaces, b) three or more dwelling units, and parties in interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA c) 2000 square feet or more of building area. Secretary will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one (1) set of addressed require only the plan information as indicated with an asterisks (*). In some cases further information labels of abutters to ZBA Secretary who will mail may be required decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. 1.0 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to. exceed 11"x17, preferred scale. of 1"=40'. b) Plan prepared by a Registered Professional Engineer A Variance once granted by the ZBA will lapse in one if and/or Land Surveyor, with a block for five (5) ZBA (1) year not exercised and a new petition must be submitted. signatures and date indicated on mylar. A m m g 1n 00 g yA 9 C (n ,+1 m p 3P A I Z FOREST Zs r STREET 'A (� P 1n �� Ny 5Y1tl9N1 1° D R7 y 1I fr- Z O C Z ♦ ,(\ FOREST ~ Sr I- > m 1AD�- it }O Fl o � ozm 0 �� ° n;Z�m ~ m NNp;W rl N j SOA oro a No Z cm ::J mm 7-n z O \ mm� C O LSi i1�� o n» C �1 !� O L rl 1'lr�y �� N N ' p yy2 Z �m M ^Zy ;-� D A m V `� cAj1 m v v o N � 4 N i i » S86'38'33"W `'• N �' - 48.87' - 53.77' - 161.27 586'44 42"W _ 58756'S0"W S87'18'S3 W -30. \ D ^v ? m 000 lb N 7 m a N V 7 � wa»c $ �� v m 1�i o G N...,/ bN mx v�N.A Z y o +GO AI zzZ �Km m 1NA� p p 10 ...D^ m i = o a a A ^ Cn t1>� r' ! 293.95' S87.01'17"W j U/ ON N -i 0 tiA-i n0 p v mo c �OpO m vm=v v�N >01,zypZ -Dr Dm < oOA no Z�rm a n AOZom 000W I- =A ZA D N y! p o Z ��z< vrZN rO�R,mN A G7 r Q 2 n 2 y'1 ppyo ma�W y O�rmUl r lN b a T r z =° D v h Z D O O ° (� J A p D A X m O N N O m• C --i °!J U1AK� y y�c Z v c 00 v ti AI i' 3mO _! ?oLnNn ioi 1VNIOINO m� 3►O ,,-.,x o nAi r 188.91 N8831'34"E N Z ..p IV a NEW LOT LINE o y o^ .. `r 0 c Q i F •. li �fn V Oti 0^ m '1 A N 0 nv� 1 ^ m D m 0 (ri p~n0o0 m Ax v Z� gm m? 1 P ` Z- xi D N 0 r A m D~ N O C -0 p 0 0 0 'Nmo 1n z sci azN 2 0a o� m Q .Zi rl v N N A Z r A 01 7 ?1 I - `N' rti i N O n m 'D O N > ° N r f o0 I >( m f^ Zyi-� IN w O '605 m., _o a 0 3 O FN m 304.09' o N88WWE 1 Ln m! 14 V U O Z N AN m 0, noo0 m-�•rArOO1l �Z , zmtw> O_ ? Nmv�RmNco 0 OZ O� - O 1 0,Z D o0m-30 1 \O N o,yo°W S O. D N0 �Z f2' 1 T 2N mO ^m O Z a 318.85' N8621'11'E Ar O O Z m aD D Z AA o0zmO(° Ln -0 m Z qh ZO ;Domm 0 0;u mNT nDO mO 4p�P 0pWDv1 O 7O A� ODz1m D A`OWZOO �OD� mrD'm 0 mV O O O O <�QD O' cim-4S 71 _ D D N A C RA D =�y4m1 n O on o 0,0A (o ZD� D ZD2Z O '�D D ,3 #y41y NO Dr N mp� D GZ•) D 00 o�;T i 0 ; r Z m O rt 06 cos r s W m Z y Z `7� O ;0> s\ D 3: vm 0 s ir MO '` ! i L ZONING BOARD OF APPEALS S1 a�•C, �'* a�w +.,r.h Y �`. y ID PROCEDURE. and REQUIREMENTS o , FILING 1APPLICATION ice. i4- o 9- SPECIAL PERMIT Ten (10) copies of the following information must be submitted thirty (30) days not later than noon prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an aDolication as incomplete. The information herein is an abstract of more speck requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM: Petitioner completes an application form7to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1)'original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters)_ IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE:. The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the -legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL. NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING; BOARD OF APPEALS: %_ The petitioner should appear in his/he6behalf, or be represented by an agent or attorney. I the absence of any appearance without due cause o& -behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: —DECISION-- After ECISION:After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zonin,%Board of Appeals and the Building Department Offi� c .3 CD C —+-< c mac-» z z �mrn-1 Co -0 � � T1 �t->--- Dr�om D a�Cnc — Mz y r U— %V L', u u is 0� JUN 19 2003 BOARD OF APPEALS v 4 4 PAGE 2 OF 4 Date & Time Stamp Application for a OrECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS - — -- - — .. -_ .. _. 1. Petitioner: Name, address and telephone number: Forest Glen Development, Inc. 130 Middlesex St., North Andover, MA 01845 (978) 794-9191 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Lancs: dame, Address and Telephone number and number of years under this ownership: Linda M. Emro, Trustee of -Pine Hollow Trust 781 Forest St., North Andover, MA 01845 (978) 975-0453 .1 Years Owned Land. 10 years 4 mori 'hs 2/5/93 Location of Property: a. Street: Lot A Forest St. Zoning District x-1 b. Assessors- Map number 105D Lot Number: 39 c. Registry of Deeds: Book Number 3657 Page Number- 232 By -Law Sections under which the petition f®t ,the Special Permit is made. Section 9 of the North Andover Zoning By-laws. =fer to the Permit Denial and Zoning By -Law Plan. Review as supplied by the Building. Commissioner. Describe the Special Permit request.- Applicant equest: Applicant requests a special permit under Section 9 of the North.Andover Zoning By-law to allow forthe construction of a single family.dwelling in an existing, non -conforming lot, which does not comply with current frontage or area requirements. above description shall be used for the purpose of the legal notice and decision. A more detailed description is sired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. ols 4 Page 3 of 4 6.a Existing Lot: r TRot Area Open Space Percent Lot YWSq. Ft. Sq. Ft. Coverage 43,146 N/A N/A % b. Proposed Lot (S): Lv{ f NORTH ANDOVER ZONING BOAR® OF APPEALS Frontage Parking Feet Spaces 150 N/A Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 43,146 N/A N/A. % 150 2 (min..) C. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Sq_ Ft. Sq- Ft. Coverage Feet Spaces 87,120 N/A N/A % 175 2 7. a. Existing Buildings: Ground Floor Number of Total, Use of Square feet Floors Sq. feet Building` N' /A N/A N/A N/A Front N/A Front 40 Front 30 Minimum Lot set Back * Side A Side B Rear N/A N/A N/A Minimum Lot set Back * Side A Side B Rear 37 35 10 0,-74:F� ,, R �.:�� - Minimum Lot set Back Side A Side B Ream n.4 30 30 30 Number of Units N/A *Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building. E. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq- feet Building* 2176 (max.) 2-1/2 4,352 (max) Residential Number of Units 1 "Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building_ 8. Petitioner and Landowner signature (s): Every application for a Special. Permit shall.be made on this form which is the official form of the Zoning Board of Appeals. Every application shall -be filed with the Town Clerk's Office- It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The.petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete- f j/ NJ here lr a Pr ink_ . Town Of Nosh Andover Building Department 27 CHARLES ST 878-688-9545 V7 a q .,G V Project: sots .A & C Forest St New Home Constntction Documents APPLICANT: Gerard Welch, ��SSAcw„5�``y 1361 PAam it., Reading, MA 01867 RE: _ Building Permit a plications for lots A & G Forest St. North Andover DATE: August 13, 1999 Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: ,Zoning Use not allowed in District Violation of Height Limitations Violation of Setback Front Side Rear Insufficient Parking— Insufficient Open Space Sign regUires permits prior to Building Permit Not in conformance with Growth Rv_i .,A, Remedy for the above is checked below. X Dimensional Variance tip -0 'S �a Special Permit for Site Plan Reviowl lr Com lete Form U sign -offs Information indicatin Non-conforrnin status Other Not in conformance with Phased Develo rnent Sign exceeds requirements Insufficient Lot Area Violation of Building Coverage Use requires permits prior to Building Permit Form U not complete by other departments Other insufficient frontaaa Special Permit for Watershed Re, Special Permit for sign Copy of Recorded Variance Copy of Recorded S ecial Permit Other Plan Review The plans and documentation submitted have the following inadequacies 1. Information Is not provided, 2. Requires additional information, 3. Information requires more clarification 4 Information is incorrect 5 All of the above. I _*l Foundation Plan Subsurface investigation Construction Plans Mechanical Plans and or details Electrical Plans and or details Fire Sprinkler and Alarm Plan Footing Plan Utilities Water Suppl Waste Disposal ADA and or ABBA requirements Plumbing Plans Certified Plot— Plan v�rith 116 Affidavit Plahs Stamped by prof Framinq Plan Plans to scale Site Plan Sewage Disposal Other Administration The documentation submitted has the following inadequacies 1. Information Is not provided. 2. Requires additional information. 3. Information requires more clarification. 4. Information is incorrect. 5. All of the i structure discipline Water Fee Sewer Fee State Builders License Buildin Permit Fee Workman's Compensation building Permit A Homeowners Improvement Registration lication Homeowners Exemption Form Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL.. Any Inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative” shall be attached hereto and incorporated herein by reference The building department will retain all plans and documentation for the above file You must file a new building permit applica ti fon and begin the permitting roc.ess r xYr of r �R k-, p g p,r, A. - • :ir 9 Flan Review Narrative The following narrative is provided to further explain the reasons for'de, mal fog th`e 'building Permit for the property indicated on the reverse side: iti '. ADDENDUM TO APPLICATION FOR SPECIAL PERMIT Petitioner: Forest Glen Development, Inc.�� Property: Lot A, Forest Street, North Andover Map/Lot: 105D/39 The Petitioner submits the following information as an Addendum to its Application for Variance. 1. FA 3 4. Proposed Use/Construction: The Applicant seeks a variance from the current minimum lot area and lot frontage dimensional requirements in the R-1 Zoning District, in order to allow for the construction of one, single-family home on the Property, to comply with current dimensional limitations for set back distances and height. The maximum "foot -print" of the home proposed by the Applicant is 32' x 68'. The maximum height of the home proposed by the Applicant is 35 feet. The specific site is an appropriate location for the Applicant's proposal. The single family construction proposed by the Applicant is entirely consistent with the existing development in the'tea, is of the same size, nature and type, and is supported by a majority of the abutters to the proposed location. No nuisance or serious hazard to vehicles or pedestrians will be created by the proposal. The Applicant's proposal is limited in size, scale and scope so as to be consistent with existing residential development in the area and will not pose any nuisance or hazard. The proposed location is situated on a public way and will adequately served the proposal single family residence. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. As indicated on the plans submitted in connection with the Applicant's proposal, adequate, appropriate and typical facilities for single family residential use will be provided, including adequate parking and driveway access. In addition, appropriate septic facilities will be provided to the satisfaction of the Town's Board of Health. CAwindows\TEMP\addendum lot a -special permit.doc 5. Uses and harmony for the purpose and intent of the Zoning Bylaw. The purposes stated in the Town's Zoning Bylaw include "the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Andover" and "encouraging the most appropriate use of land", among others. The Applicant's proposal (being a single dwelling unit situated on over an acre of land, nearly identical to the surrounding development) is consistent with the purposes expressed in the bylaw. There is no basis, either under principles of sound planning or public health or safety considerations, that would support the denial of the Applicant's proposal. But for the stated requirements of the bylaw's dimensional table, the proposed development is entirely consistent with the intent of the Bylaw and the neighborhood in which the Property is located. 6. Criteria for non -conforming single family residential structure special permit. Although proposed as new construction, the relief sought by the Xpplicant is most equivalent to that provided at Section 9.3 of the Town's Zoning=Bylaw. Under that,' Section, the following should be noted:Es A. The Applicant's proposal will comply with all current yard setbacks, building coverage, and building height requirements for the zoning district in which it is located. B. The Applicant's proposal will not be substantially more detrimental to the neighborhood than the property as it currently exists. The single-family development proposed by the Applicant would be entirely consistent with the neighborhood in which the Property is located and would result in no harm to the public or abutters to the Property. Many of the surrounding properties are of similar size and are improved with equivalent homes. In fact, it is expected that all or nearly all of the abutters to the Property will express support for this Application and prefer that the Property be developed for single-family use as proposed in this Application. C. Single family use, as proposed by the Applicant, is a use allowed as of right in the zoning district in which the property is located. Town of North Andover, Zoning Board of Appeals Parties of Interest/ Abutters Listin REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or 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, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name annd address (please print clearly and use black ink.) ,: z MAP .PARCEL NAME ABUTTERS PROPERTIES L/ kN mm MAP PARCEL NAME J ; LS 0 d `Dtpiv, � S ✓ ,v J,v JO ,�, , t t d r l,- 4,17 i f t11A i ./ ADDRESS ADDRESS r7 r -c s N 1 S u,>vr /Zim wd . A M J2 A 114en/vr A W if) ho✓bl� A THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE . t ATUREPAGE OF & h Date3e h Andover Town of North Andover Zoning Boardof A eats Parties of Interest / Abutters Listing REQUIREENJ ENT: MGL 40A, Section 11 states in part " Parties. in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or 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, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." ABUTTERS PROPERTIES MAP PARCEL . NAME } V ADDRESS /3y L;Ardki ,Jd .,tom b. 4) 4 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE A _ PAGE ied b Date Board f A or orth Andover OF f D r m r O 0 r Z a I b 2'-4" m ' I 6 a o (A I ' O Z I r m A _ � ' A A ' i A I I 3'-1 A A N b A 6'-0' SLIDING 2'-6" 2'-6" V N ----------------------------- V-81 3'-5" bz Fri o LINEN T II PLJ1 1 I 1 1 I 1 b co A � Z o cn y o -n C c J 4'-8 112" .._5'-51/2" 7-1 Z �Zj M 10'-2" ' . cn I A � i O I PAGE 4 OF 4 Application for aSPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a Special Permit when the following points, based on MGLA ch. 40A, sec. 9 of the North Andover Zoning By -Law and P 9.2 Special Permit Granting Authority shall be clearly identified and factually supported: Addressing each of the below points individually is required with this application. 1, The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of the zoning by-law. 6, Specific reference and response to the criteria required by the particular special permit for which this application is made (i.e. Earth Removal Special Permit respond to criteria and submittal requirements). 10. Plan of Land Each application to the Zoning Board of Appeals shall; be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk" -s% 77 Office and ZBA secretary at least thirty (30) days pndrlto the public hearing before the Zoning Board of Appeals_ 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces., b) three or more dwelling Units, and c) 2000 square feet of building. area. Minor projects that are less than the above limits shall -equire only the plan information as indicated with asterisks (*) in some cases further informatiob may be equired. 0 B. Plan Specfcations: Size of plan: Ten (10 ) copies of a plan not to exceed 11 "x17", preferred scale of 1 n=40' Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block for five (5) ZBA signatures and date on mylar. 10 C. FEATURES.TO BE INDICATED ON PLAN: A. Site Orientation shall include:_,_ 1. North point '< 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7. deed';resfrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation_and interior of building plans will be required when the application involves new construction/conversion and/or a proposed change in use. Elevation plans for minor:,'projects : projects including decks, sheds, & garages shall'be included with a side view depicted on the plot plan, which include a ground level elevation 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties of interest as identified in MGLA ch_ 40A in sec_ 11 as listed on the application. ZBA Secretary will compute number of stamps. B_ Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C_ Administrative fee of $50.00 per application. A Special Permit once granted by the ZBA will lapse in two (2) years if not exercised and a new petition must be submitted. Jun 18 03 11-:_34a NORTH ANDOVER S7868BS542 P.1 TOWN OF NORTH ANDOVER FINDING ZONING BOARD OF APPEALS ....:; ...._..........:.. Procedure & Requirements Ten (10) copies of the following information must ST..EP 6: SCHEDULING OF HEARING AND be submitted thirty (30) days prior to the first public '" " PiEPARA1TtON OF LEGAL NOTICE: hearing. Failure to submit the required information The Office'of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and dismissal by the Zoning Board of an application as for publication in the newspaper. The petitioner is incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town. STEP 1 --,ADMINISTRATOR PERMIT DENIAL: The petiioner applies for a Building Permit and receives a Permit:Denial form completed by the Building Commissioner. STEA., FiNDING APPLICATION FORM: Petitioner completes an application form to petition the Board, of, Appeals for a FINDING. All information as requir6.d:yin items 1 through and 'including 11 shall be completed. Step 3 PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning. Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department �ECN WE JUN 1 Z003 U BOARD OF APPEALS notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. . STEP a: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represenied-by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner ,& Board shall decide on the matter by using the information it has otherwise received. - STEP 97115ECISION: After the bearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17,, within twenty (20) days after the'd.ecision is filed with the Town Clerk.' Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form'and forward it to the Zoning Board of Appeals and the Building Department Office. . C_ CD < �oc-3 s w rTi rn =M A C--) CD;�ocno 7 9786889542 age 2 of 4 Date & Time Stamp Application for a I 0 .......... NORTH ANDOVER BOARD OF APPEAL . Petitioner: game, address and telephone number: Forest Glen Development, Inc. 130 Middlesex St., North Andover, MA 01845 rhe petitioner shall be entered on the legal notice and the decision as entered above. 78)794-919 I Owners of Land: Name, Address and Telephone number and number of years under this ownership: Linda M. Emro, Trustee of Pine.Hollow.Trust -781 Forest St. Nort [�naove kri - x(978) 975-0453 Years Owned,I and: 10 Years 4 mos., 2/5/1993 3 Location of Property: R-1 aStreet: Lot. A Forest St. Zoning District b! Assessors: Map number 105D Lot dumber: 39 232 c Registry of Deeds: Book Number 3657 page Number: d. ZIoining Sections lander which the petition for the Finding is made. Section 9 of the North Andover Zoning By-laws. 'Refer to the Permit Denial and Zoning ay law Plan Review as supplied by ttte Bulldfng corrunissloner 5. Describe the Finding request: That the Droperty is not sul frontage and that it is in compl a with applicable requirements for area and frontage or;. alternatively,;that a variance previously -issued by the Board for single-family development remains in full force and effect. '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 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be Iimtted to the request by the applicant and will not Involve additional Items not included above. Sa, Difference from Zoning By -LACI requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and Bare in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces . Front Side A Side B Rear A.[ 87 ,120 N/A N A % 175 N A N/n N/A a _NLR— B. °� Jun�?j Uzi 1 a NUIRIH HNDUVEH 9786889542 P.3 43.146—NL N/A NIA �A c. Proposed Lot (S):._. Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43,146 N/A N/A % 150 2 (min.) 40 37 35 100+ d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back ` -= Sq. Ft. Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear 87,120 N A _N/A % 175 2 30 30 30 30 7 a. Existing Buildings: i Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* N/A N A N/A N/A 'Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 2176 (max.) 2-1/2 4,352 (max.) -Residential 'Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Finding 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 cam iy with application requirements, as cited herein and in the Zoning Board Rules and Regulations may resin a dismissal by the Zoning Board of this applic#n as incomplete. Signature above name (s) here President, Forest Glen Development, Inc. ` oWn Of North Andover Building Department 17 CHARLES ST 978-688-9545 APPLICANT: Gerard Wei ch, , 13A1 ilitsiin4 ®, j:—_ s �SSAcNUSti�i ? '�... r• Lots .A & C Forest St. New Home ConstrUctio.0 Documents RE: . Buildina .Permit applications for lots A & C Forest St. North Andover DATE: August 13, 1999 Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning Use not allowed in District Violation of Height Limitations Violation. of Setback Front Insufficient Parking Insufficient Open -Space — Not in conformance with Phased Develo rnent 61 n exceeds requirements Side Rear x Insufficient Lot Area Violation of B Id; SIrequlres permits prior to Buildith Rv Not in conformance with Grow ut mq Coverage Use requires permits prior to Building Permit Permit Form U not complete by other departments [w x Other insufficient fromana Remedy for the above is checked below. x Dimensional Variance - Special Permit for Site Plan Review Complete Form Usi n -offs Information indicatin Non -conforming status Other S ecial Permit for Watershed Review ecial Permit for sign py of Recorded Variance py of Recorded Special Permit Other Plan ,Review The plans and documentation submitted have the following inadequacies 1. Information Is not provided, 2. Requires additional information, 3. Information re uires more clarification, 4. Information is incorrect. 5. All of the above. Foundation Plan Subsurface investi ation Construction Plans - Mechanical Plans and or details , , Electrical Plans and or details Fire Sprinkler and Alarm Plan Footing Plan Utilities Water Supply _Waste Disposal ADA and or ARBA requirements Plumbing Plans Certified Plot Plan with 116 Affidavit Plans Stamped by prof Framing Plan Roof n g Plans Co scale Site Plan Sewage Disposal Other Administration The documentation submitted has the following. inadequacies 1. Information Is not provided. 2. Requires additional information. 3. Information requires more clarification. 4. Information is incorrect. 5. All of the above structure ier discipline r` Water Fee Sewer Fee State Builders License Buildin Permit Fee Workman's Compensation Buildin Permit A lication Homeowners Improvement Registration Other Homeowners Exemption Form Other ------------- The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit applicaf n for r and begin the perrnitling process. Flan Review Narrative The following narrative is provided to further explain the reasons for denial for the building Permit for the property indioated on the reverse side: ADDENDUM TO APPLICATION FOR FINDING Petitioner: Forest Glen Development, Inc. Property: Lot A & C, Forest Street, North Andover A. The particular used proposed for the land or structure. The Applicant seeks a variance from the current minimum lot area and lot . frontage dimensional requirements in the R-1 Zoning District, in order to allow for the construction of one, single-family home on the Property, to comply �with } current dimensional limitations for setback distances and height. The maximum "foot -print" of the home proposed by the Applicant is 32' x 68'. The maximum height of the home proposed by the Applicant is 35 feet. B. Facts relied upon to support a finding that the Applicant's proposal shall not be more substantially detrimental than the existing non -conforming property. The purposes stated in the Town's Zoning Bylaw include "the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Andover" and "encouraging thst appropna e�ue of�land' ;*among e`mo others. The Applicant's proposal (being a single dwelling unit situated on over an acre of land, nearly identical to the surrounding development) is consistent with the purposes expressed in the bylaw. There is no basis, either under principles of sound planning or public health or safety considerations, that would support the denial of the Applicant's proposal. But for the stated requirements of the bylaw's dimensional table, the proposed development is entirely consistent with the intent of the Bylaw and the neighborhood in which the Property is located. C. Building Commissioner's denial. The Building Department denied a building permit application for this property based on a determination that the property did not have "the required area and frontage for both Lots A & C Residents 1 District required 2 acres and 175 feet of frontage". The Applicant acknowledges that the lot at issue in this application does not meet current frontage and area requirements as presently stated in the dimensional table to the current Zoning Bylaw. The Applicant requests that the Board make a finding that the lot need not comply with current dimensional requirements either, because it is a pre-existing non -conforming lot subject to lesser dimensional requirements of 150 feet of frontage and 1 acre of area or, a finding that a building permit should issue based on a variance.previously issues by the Board for single family development orthe lot. Town of North Andover Zoning Board of Ann,.a Is Parties of Interest/ Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this - chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or 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, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property; list by map, parcel, name Wand add `rens please print clearly and use black ink.) r =" t , ,. MAP PARCEL. NAME ABUTTERS PROPERTIES MAP PARCEL 14 �,W mm NAME -J; L L-9()d`DEUx/: c, S ADDRESS ��l ADDRESS f� r-0 &-% T sf.. 7-- 4 � h:-) lam" O 1 � tvpa✓ THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: ' DATE NATURE PAGE � OF Asseswr'Wh Andover Town of North Andover Zoning Board of A Parties of Interest /Abutters Listing REQUIRENYIENT: MGI, 40A, Section 11 states in part " Parties. in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on an public or private street or way, and abutters to abutters within three hundred (300) feet of he property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME _ ADDRESS i ABUTTERS PROPERTIES MAP PARCEL . 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'.' .... . , .. .;" r......: n .. '.. .:.4�" 1. ...•..�.. . ..n...'i. Y. ....t ... .. 1 ..... ...� .. �. ._.. ...... ._.. _. � . 1. 1. .. n. ... . __. ... 9. WRITTEN DOCUMENTATION Application for a Finding must�be;supported by a legibly written or typed memorandum'setting forth in detail all facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. 40A sec. 6 and 9 and the North Andover Zoning By -Law Section 9.0 a request for a FINDING shall be clearly identified and factually supported: Addressing each of the below points individually is required with this application. A. The particular use proposed for the land or structure. B. Fact relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use, C. Addressing all details of the Building Commissioner's denial when appropriate. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those whichnuolve one of the following whether existing or pr,p'osed: a) five or more parking spaces, b) three ournore dwelling units, c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*). in some cases further information may be required. 10. E. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11 "x17" preferred scale of V =40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five ZBA signatures and date on mylar, 10 C. FE.ATURES.TO BE INDICATE® ON PLAN �A.` Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings of adjacent. properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the . application involves new construction, conversion andlor a proposed charige in use. Elevation plans for minor piroje+cts-include decks, sheds, & garages shall be included with a side view depicted on the plot plan, which include a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties of interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. MM-1. ��'•� cx�1^�aa'-' �e�{Se`:i�roseCa."�al?�2v:ksii�e`f=n: \ C �i%— :apac. — 3 61ac. 69 ac60� J / 61/ 62 63 16716 :a/ 170 9 67 30 � `-- 34 3.0 - � 46 31 - 1ac. ? 36 28 1142s % 32 42 L 47 27 L / 4$ y�\\, //� 8.7 ac. Sac 113V �. \ , 119'', 49' /43 35 44 50 \ 118 �n� iQsa. j 45 \ 3 y _ 114 �,�±/11.1 ac. 1.02 ac. 1.11 ' 37 ` % 51 P 'ks' \ �Bo�: _1 i� las li rssayy� 1O'Ga / \ 117 1 \ �o.T 1.1 ac. Ir 73 r 52 \ 115 \ - - -- -� m \ ' 72 71 40 f 1 53 r /39) . osa� 116 j „� _._�\ \ \ �\ j ' 8 \0 -- —" — ml !t4 ac. f 26 1„� 20 \ 176 -4.,02 I I 1 24 X65 `\ -`� j -- --- :� 4 c—r.-". 9! \ \ ,_� top s a �\ 1.oa�;, \ 172 173 — � 68 X03 j%�`-��\\ 38 \ ?� L- 69 69 21 `v,9 / ----7=-�—�s3a 158 <; 23 I\c -- ��?ac 14.54ac is `TTy 127 m 171 , 22 70 154 153 AL �. 84 4 1 T KCAL - 400 FEET = 1 INCH / s�'�\ 81 82 83 ' ' SEE PLAT NO 10 .. S \' EA RE Any appeals shall be filed within (20) days after the date of filing of this notice in the office of the Town Cleric NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 NOTICE OF DECISION RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 1000 APR 2q A 11: 18 FAX (978) 688-9542 Year 2000 Property at: Lot A-1, Forest St. 9 3 F�+P54. J r;l y "� NAME: Linda M. Emro, Trustee DATE: 4/12/2000 ADDRESS: for premises: Lot A-1, Forest St. PETITION: 008-2000 North Andover, MA 01845 HEARING: 4/11/2000 The Board of Appeals held a regular meeting on Tuesday evening, April 11, 2000 at 7:30 PM upon the application of Linda M. Emro, Trustee, of Pine Hollow Trust, 781 Forest St., North Andover, for premises at: Lot A-1, Forest St., North Andover, MA. Petitioner is a party aggrieved for a review made by the Building Inspector and for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to construct a single family dwelling within the R-1 zoning district. The following members were present: Raymond Vivenzio, Robert Ford, Scott Karpinski, George Earley and Ellen McIntyre. Upon a motion made by George Earley and 2`d by Ellen McIntyre the Board voted to DENY the application for a variance for Lot C, and DENY the party aggrieved petition, and to uphold the decision of the Building Inspector. Based upon advice received in correspondence received from Town Counsel dated March 24, 2000 and April 10, 2000, the Board found that a variance granted for this lot in 1990 was not properly exercised and had lapsed. The Board deemed the conveyance of adjoining land to the rear to be of no assistance to the petitioner as it occurred more than (1) year from the date of the variance. That being the case, the issue of a new variance request was taken up. The Board found no circumstances relating to the soil conditions, shape or topography of the land to exist warranting variance relief. No hardship resulting therefrom being present, the variance request was likewise denied. Voting in favor of the denial: Raymond Vivenzio, Scott Karpinski, Ellen McIntyre, and George Earley. B roft ' g Board of Appeals, Raymond Vive, Acting Chairman ml/decisions2000/ 12 BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 6880535 F NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER MASSACHUSETTS 01845 FAX (978) 688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing Center, 120R Main St., North Andover, MA., on Tuesday the 14`x' da of the Senior T30 PM to all parties interested in the appeal of Linda M. Emro T y arch, 2000 w Trust, 781 Forest St., North Andover, Trustee of Pine Hollow Andover. Petitioner is a Party Aggrievefor or review made ses at: bot A-1, Forest St., North y the uilding and for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 or lotctor and street frontage in order to construct a single family dwelling• lot area Said premises affected is land with frontage on the South side of Forest S R-1 Zoning District. Street within the Plans are .available for review at the office of the Building Dept., 27 Charles Andover, MA Monday through Thursday from the hours of 9:00 AM to 1: 00 pM. North PM. By order of the Board of Appeals, William J, Sullivan, Chairman Published in the Eagle Tribune on February 2',, and March 7, 2000. MI/legalnotice 2000/6 C N 6 f l > OS t rY y Q)"6 °gQ °omVa'0 0r:p)nN0m2°E"a)2O>SNxQOw -6o�L°N. aU�l - >'8C'--a'0 ro•�C� G' _ULL~P !woLE'Q >pO •-aa °fiO • � o�vr am YU0) F- Cc) g.- -<:L � (I ZWLVLrom�NO^O6a-- 7 Q) 0;J,yNCN°NQ�16 >,b� NQWaIL000yO.rE0..>0plLL Q0� OCacapyO-- '3Qy b O�OOON N Z LL N 0L -OJQ7a ICO a- �2+ ca o id Lp°yLm CU 00Pp p2mm -may:cC", O64:51Z-ib °M?:'0 L�COd°LUroc Edt3�¢oC)2t9:mtim�EWJZzm° pEW o>O2 o5C5 BbARb OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACIiUSETTS 01845 Any appeals shall be filed NOTICE OF DECISION within (20) days after the Year 2000 date of filing of this notice Property at: Lot C, Forest St in the office of the Town Clerk. NAME: Anna NL Gilbert DATE: 4/12/2000 ADDRESS: for premises: Lot C, Forest St. PETITION: 007-2000 North Andover, MA 01845 HEARING: 4/11/2000 RECEIVED .JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER .1000 APR 2Q A 11: 18 FAX (978) 688-9542 The Board of Appeals held a regular meeting on Tuesday evening, April 11, 2000 at 7:30 PM upon the application of Anna M. Gilbert, 260 Main St,, Apt, 2, Salem, N.H., for premises at: Lot C. Forest St., North Andover, MA. Petitioner is a party aggrieved for a review made by the Building Inspector and for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to construct a single family dwelling within the R-1 zoning district. The following members were present: Walter F. Soule, Raymond Vivenzio, Robert Ford, Scott Karpinski and George Earley. Upon a motion made by George Earley, and 2` d by Ellen McIntyre the Board voted to DENY the application for a variance for Lot C, and DENY the party aggrieved petition, and to uphold the decision of the Building Inspector. Based upon advice received in correspondence received from Town:. Counsel dated March 24, 2000 and April 10, 2000, the Board found that a variance granted for this lot in: 1990 was not properly exercised and had lapsed. The Board deemed the conveyance of adjoining land to the rear to be of no assistance to the petitioner as it occurred more than (1) year from the date of the variance. That being the case, the issue of a new variance request was taken up. The Board found no circumstances relating to the soil conditions, shape or topography of the land to exist warranting variance relief. No hardship resulting therefrom being present, the variance request was likewise denied. Voting in favor of the denial: Raymond Vivenzio, Scott Karpinski, Ellen McIntyre, and George Earley. ml/decisions2000/ 11 athe Zo Board of Appeals, ivenzio, cting Chairman BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAINNING 688-9535 7) NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01445 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 the 14'hday of March, 2000 at 7:30 PM to all parties interested in the appeal of Anna. M. Gilbert, 260 Main St., Apt. 2, Salem, N.H., for premises at: Lot C, Forest St., North Andover. Petitioner is a Party Aggrieved for a review made by the Building Inspector and for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to construct a single family dwelling. Said premises affected is land with frontage on the South side of Forest Street within the R-1 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9: 00 AM to 1:00 PM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on.February 2?., and March 7, 2000. MUlegalnotice 2000/5 LU V a WS 1L y0cN p c pLLO9�.ovc Z" ZOmn,r,°aU 4wc7a � 3 -.JQQ.^^ `'=UE.C.- 0 0 C 'MLLOO U .-.V N� ZON oLrcn LM N••N OLXftl 3.01�Q, oayCT tq M."t:0t_�Q ��� y �N °fir• n �;O Q N ° .p ,C,� .�A NUE .: (V10 -..N .- cC � N � ; 0 o: E5' ca U'. co c.." c E a��yo�dty rY �w� .ns.�yUo�$ �QU) c, a N•° ON;. 0 O N �, > ° E� N ' r:vNdw'cdpy,-�,L°�m c.r�cLL. 7�ca Qo mrom Z.'�E�ga�=`p0.c>,ccu�4 icy; aEi aid coLp°oLO ��r 'c� m:ftlNZLL O1� Nt� ° Q, 0-v ar 0.L N (0' Z ,- 2;. o'�,c of rnv �' ro z °oo«`EUo'Q� oorooc03r.� �y��`°c-0- LLo 2� - E'- co.dmU�t a 5m o8 8 �.i•oa.E('Dtn-jQa ES . cn� �� c°.V?.:3 >'mcn�wr. - wN1 BOARD OF .4PPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I r NORT" ..At.t r a+n+us�� Zoning Bylaw.Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: -- ._. _. Forest St. LotsA, 8 C------ _ Map/Lot: 1050 / 71 8 38 Applicant William J. A Deana J. Hamel I Ronald F. 8 Linda M. Emro I Anna M. Gilbert Request: Construction of 2 single family homes on lots 718 39 Date: January 24 2000 1 Frontage Insufficient X Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height ,--, 1 All setbacks comply 1 Height Exceeds M6ximurTV , 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parkina- Required 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: „v... , a +' JJACHVyE� NORTH ANDOVER 0MCE OF THE ZONL iG BOARD OF APPEALS 27 CHARLES STRE-LT NORTH ANDOVER, MASSACHUSETTS U 1345 FAX (978) 633-9541- Any 88-9542 Any appeals shall be filed NOTICE OF DECISION within (20) days after. the Year 2000 date of filing ofthis notice Proaerty at: Lot C, Forest Street in the office ofthe Town Clerk NAME: Anna M Gilbert DATE: 1/18/2000 ADDRESS: 260 Main St., Apt. 2, Salem, N.H. PETITION: 048-99 for premises at: Lot C., Forest St.. North Andover, MA 01845 HEARING: 1/11/2000 The Board of Appeals held a regular meeting on Tuesday evening, January, 11, 2000, at 7:30 PM upon the application of Anna M. Gilbert, 260 Main St., Apt. 2, Salem New Hampshire, for premises at: Lot C., Forest St., North Andover, MA. Petitioner is requesting a variance from the paragraph 7. 1, 8c 7.2 for lot area and street frontage in order to construct a single dwelling. ents of on 7, The following members were present: Walter F. Soule, Robert Ford, John Fallon, Ellen McIntyre, George Earley. Upon a motion made by Robert Ford and seconded by John Pallone, the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor of the withdrawal: Walter F. Soule, Robert Ford, John Pallone, Ellen McIntyre, George Farley. By order of the Zoning Board of Appeals, Walter F. Soule, Acting Chairman m1/decisions2000/6 BOARD OF APPE.US 688-9541 BUILDINGS 688 ' 545 CONSERVATION 688-9530 HEA LTH 688'1540 PLA,NN1NG 683-0535 t. Ot Ma o7 � �ti0 ♦ o w 7 zACNo5Y� s Y' NORTH ANDOVER OFFICE OF THE ZONIlYG BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01345 Any appeals shall be filed NOTICE OF DECISION within (20) days after the Year 2000 date of filing of this notice Proaerty at: Lot A-1, Forest St. in the office of the Town Clerk \ FAX (973) 633-9542 MqP io3o NAME: Linda Ni Emro, Trustee of Pine Hollow DATE: 1/18/2000 ADDRESS: for premises at: Lot A-1, Forest St. PETITION: 047-99 North Andover; MA 01845 HEARING: 1/11/2000 The Board of Appeals held a regular meeting on Tuesday evening, January. 11, 2000, at 7:30 PM upon the application of Linda M. Emro, Trustee of Pine Hollow, for premises at: Lot A-1, Forest Street, North Andover, MA Petitioner is requesting a variance from the requirements of Section 7, paragraph 7. 1, & 7,2 for lot area and street frontage in order to construct a single family dwelling. The following members were present: Walter F. Soule, Robert Ford, John Pallone, Ellen McIntyre, George Earley. Upon a motion made by kobert Ford and seconded by John Pallone, the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor of the withdrawal: Walter F. Soule, Robert Ford, John Pallone, Ellen McIntyre, George Earley. By order of the Zoning Board of Appeals, Walter F. Soule, Acting Chairman ml/decisions2000/5 BOARD OF APPEALS 688-9541 SUILD(NGS 688-9545 CONSERVATION 688-9530 HEALTH 683-9540 PL.VNNi ING 6880535 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACIiUSETTS 01345 FAX (973) 638-9542 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 11'' day of January, 2000 at 7:30PM to all parties interested in the appeal of Linda M. Emro, Trustee of Pine Hollow Trust, 781 Forest St., for lot A-1, Forest St. for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 of Table 2, for lot area and street frontage in order to construct a single family dwelling. Said premises affected is land with frontage on the South side of Forest Street 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, MA Monday through Thursday from the hours of 9:OOAM to LOOPM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 12/28/99 & 1/4/2000. MYle alnotice �= W /15 g %�OO�m�oo2�� Wo .mr �°¢OD Z = � � � `� m ° ~ L $ a = m Win'° fig m�NUm �¢{j cc t0NVG Q -a _N i IL ®C mqqaNti QD CIL >>-G �O -_� $`Q Q ILIL C) 0.2 A, .5 LL..: o d - E � ���o V�t�'NN_�oo oo. �« :=Er �'aa0o'1 y v 0 CyQ m o 2 20 m^ �. OZ Z..v)lnl--� BOARD OF :1PPEALS 688!)541 BUILD[NGS 688 9545 CONSERVATION 688-9530 HEALTH 688!9540 PLANNING 683!)535 ADDENDUM The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 150.16 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are the subject of a prior and valid variances. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of valid variances. This Board granted two variances. The first variance is dated February 15, 1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This variance granted a frontage and size variance to the subject lot (Plan No. 7809). The second variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these variances, eight (8) separate lots were legally created, including the subject lot. The Building Inspector declined to honor the variances upon the basis that the variances were not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variances were in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Haves, 19 Mass. App. Ct. 399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the variances. Therefore, that variances were properly and irrevocably exercised. The denial of the Building Permit should be overturned. In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a current variance. The premise is unique in the following ways: (i) its size and shape were created by the said prior variance, (ii) it is bounded by a public way, the lot created by the said prior variance, and two (2) unrelated lots. This configuartion prevents expansion of the lot in order to create a conforming lot. Denial of a variance would create a substantial hardhip in that it would not allow the use of the lot for purposes in compliance with the zoning ordiance, and would leave the lot with no economically feasible use. Each of these grounds has been found consitute a hardship under the zoning statute. See Cavanaugh vs. Diflumera, 9 Mass. App.Ct. 396, 401-402 (1980), Chater v. Board ofAQpeals of Milton, 348 Mass 237 (1964). This relief may be granted without derogating from the purpose of the ordinance in that the resulting use will be consistent with both the neighborhood and in compliance with the allowable uses in the zoning district. The granting of the varinace would not be against public interest in that it would allow a lot which is consistent with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in conformity with the prevous granted variances. For each of these reasons, the Applicant request that the decision of the Building Inspector be overruled, or in the alternative that the Applicant be granted a variance. Town Of North Andover Building Department 27 CHARLES ST 978-688-9545 Project: °m Lots A & C Forest St a New Home Construction Documents y t. APPLICANT: Gerard Welch, y�SS�CHUs�`�y 1361 Main St., Reading, MA 01867 RE: Building Permit applications for lots A & C Forest 5t. North Andover DATE: August 13, 1999 Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Sign exceeds requirements Violation of Setback Front Side Rear x Insufficient Lot Area Insufficient Parking Violation of Building Coverage Insufficient Open Space Use requires permits prior to Building Permit Sign requires permits prior to Building Permit Form U not complete by other departments Not in conformance with Growth By -Law x Other insufficient frontage Remedy for the above is checked below. x Dimensional Variance Special Permit for Watershed Review Special Permit for Site Plan Review Special Permit for sign Complete Form U sign -offs x . Copy of Recorded Variance Information indicating Non -conforming status Copy of Recorded Special Permit Other I Other Plan RevieW The plans and documentation submitted have the following inadequacies 1. Information Is not provided, 2. Requires additional information, 3. Information requires more clarification. 4. Information is incorrect 5 All of tha ahnva # # Foundation Plan Plumbing Plans Subsurface investigation Certified Plot Plan with proposed structure Construction Plans - 116 Affidavit Mechanical Plans and or details Plans Stamped by proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan Roofing Footing Plan Plans to scale Utilities Site Plan Water Supply Sewage Disposal Waste Disposal Other ADA and or ARBA requirements Administration The documentation submitted has the following inadequacies 1. Information Is not provided. 2. Requires additional information. 3. Information requires more clarification. 4. Information is incorrect 5 All of the ahnva # # Water Fee State Builders License Sewer Fee Workman's Compensation Building Permit Fee Homeowners Improvement Registration Building Permit Application Homeowners Exemption Form Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permitta/pplica ' n for and begin the permitting process. 101/eo 7 Wlt 0 - - n 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: Section 7 Dimensional Requirements Table 2 Not having the required area and frontage for both lots A & C Residence 1 District require 2 acres and 175' of frontage LAW OFFICE OF .:. :t _ MARK. . JrOHNSON 12 Chestnut: Street +` Andover, Massachusetts 01810-3706 (97$) 475-4488.; Telecopiet: (978) :415 676 MARK B. JOHNSON (MA, NH, DC) i Robert Nicetta, Building Inspector,' }x July 8, 1.999 M ,y rPage 2 r",k 1 a.4N 3 { , „ By -Law. This allowed the lots, al ag w -j surrounding land owned by Anna M. Gilbert' to be F subdivided into separate bulding4tS t The subdivision of theproperty neighboring the lots is ` shown on a Plan of Land dated A1, 1990 and revised August, 1990, and recorded as Plan No. sots A amd Gare bot an'. aS i / Aidna M. Gilbert" on that Plan. The lot abutting �;>A„`the rear of Lots A' and C, shown r Lot p;ubiivision Plan No. 11810 was conveyed b Ms. .ti x , 4A 'r�lbert to Mary Elizabeth Koontz y Dee, xecorded on April 30, 1991' at Book 3247, Page 137. $' ;'Building Permits are new, oughforLotA and Lot C, although the current dimensional ,3M equirements for these parcels req es°a two acre minimum lot area. However, because of the Variance affecting •these lots, the c�i-ment du�aens oral requirements as to lot area and frontage are pi k} 'not applicable It;should be doted hat the assachusets Zoning Act, G.L. c.40A, § 10, requires k a the exercise of any Variance yvi ore y o<e date_ossue : However, even though WA tulding I'enwts have not prev�o ly been T` uaested for these lots, the Variance at issue was AK erl "exercised” within a earl of rte f.�� ce Flus exercise was accomplished by the E:Y Y �r,�coanveyance of the above d.Lottely from Lots A and. The Massachusetts. ` }eels Court has held that u ` PP wex aVanat%e h! been;ssued allowing the division of a lot, that N�t� �4`�Tananee is :sufficiently and urevo ably exe�sed by the partition of the property according to t �5 y,the Variance. The conveyance of of 6; il'otthe mere endorsement and recording of Plan No. k l{$1 Q suc�ently and irrevocabl excthe�anance. within bue year of its issuance, thus, xnatntainm the e# ectiveness of a ' an�.]C: a asyto L.ots�A and C currentl :See Hop�:�. u F}'a'c'FF yr aiif;N F r k.! �T""'S .r . •; .. - Y .� ■y:�==a.$, r*� Masi App Xt. 39�, 474 N.E.2d 1158 j19$S), f , r ,n light of the above, at is y apie that Lots A and C are in.conformance with ,z�aplicable lot area and frontage: nueeptsyand,;a.buildin permit should not be denied on the g 4 1a of a lacx of compliance withIcurrent area or frontage requirements. S 5r1 ( rye truly yours, h h`� `,AW OFFICE OF i,`'• §� 4* i B JOHNSON �df jq, {`_h � i i �« ! 7�Donald F. Borenstein - k' �ldb ( 4 p }= ``t'�rerard E. Welch, Inc. I �NEW b&iWEI,Cli1E 0 icetta-Ltrl.doc i S W T� 4 T A X8092 .. c '�r � • f;,c. �•�K �r.�,k�-�z Ott • -Y1.1. 11 tri Y epP Its / wI � titiis h r-° ... 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',;° \��'.........W.3t�R,Saele,......•............ 1� 3 �a� �, z A il►1. f !Z, 'j.�lr ;lid .Sa7lfm�d .iiYeRA�Asea E• TOO .€' ,key,,-�.�+rr 1 ;,1 i�,f¢:•�.y 1 1....... .n ............ I...r....Ir j •e c1.w ° r ,:a�°++a}'""'� 'ala;" • a 4' ��+.c -• i�, �wef•; git i�x �A n 4y.,, f E .Ad.`-:- 6• I:.., QSR.-i*e^tY.i- .t, - '"�: k tz: S F . Y V .0 tx 14 SOO It% IOWA. eof the 401 00 TOWN, CW16 r sr BOARD OR APPEALfi "too tri I AgtSTVAY J. J. 11LU12.9 le�eieisas 19669 701 YMSj SIL"" r A4 4 A., twl too pt .p 44 Table 2 49 00 --sequissougs en.the cement. sad 4 roomi'llarke Valger Woo end i;�Ad: S as hearims vas "dikorts"d, is Cho xacpb I joury Up 1990 and 10al 44 logo and "I abuttan.ve ds met INC. MCIN'sads by VIveasio am INC 4, 4 :,Jklmrsons the lewd "gods vasnisevolyl to GUn the va Gess of■ I fiqualteds sebilet to Cho follow. 1. Petitioner be Allowed to the 1-Y - PO4tsoft toe farums tee, of $he um, exempt W A ;4,t IM Let go . Weed U 94 Mlisgry,49joOds .r hoc A,4717 -W: o.,deoa and freassis relief biaocb to &a 05 Own cull ug4o :tie ll.asd'EiOda tbaR she 'I wig 649 tii- ppefteLems of Section 10, IN IV 40.4 u Cho zoafts syls to v 424 1 t Be I of thin Variants Will of ON 'gas lug deraws the income a"- Nor Vill It the Zu"g Irlaw 4089111Y W489 the astabborboad. d WS 13th day as ram acy, go "A46 IPA A Fee" SINISALO--if 't OV s RICOMed Aprololl"O at I 145P.1 385 4� 4 31.7 EW .-b ,e t George W. Lord and Ruth 99, Lopds; 0,�bd ai7A: wife I, both of North Andover, k :,i`:{s SPA ` 940 CPq nty,',Ma#sachu:;cua hhussbanndaand lowife �e as �Iioin �tenan saW�e � �ot�aaq `enantsa aommoninortas tenants b the entiret both i':'i Y Ye ,,, Qf,ly, ,t;�i ,; #3%18814 Cqunty • of Easexe silt, gtlltdattn rouenenfu nnt1ximtct two certain parcels of land!• IVI .bhp in. said North Andover. (Description and encwl�. it any), FIRST PARCEL: Bounded and describe' 444*19, 0.1 an ' E as er y by Forest Street seven ! edf,aq Southerly two hundred ninety-two" ;ht hundred, thirty-four and 77/100 f a Lord et uz; and Westerly Bout h a f of Frederick Raba at al four h d Said land is shown on a December 18 1951 filed in the o.•"� recorded with North Essex Registrv..oPaDdsic�.] 'T -1 �' SECOND PARCEL: Containing about"4�e► 1pp, 4 i �. fo ows: Beginning at the Northeasterly'pgrAf at the first parcel hereinabove desarib0d;''the said Road to land now or . formerly of 1014feaoa . the well by said Averill land to land now ;Or:.j Northerly by land of said Bode to'lind now or; al; thence Easterly by said Raba iland•to the.] described; thence Southeasterly andiEastotly... point of beginning, Being the same premises conveyed to 'us t by deed dated October 16, 1951, recorded with Book 756, Page 246. UXU.ngo ' thereon, situated 1 779 PAGE t 303 c/ i�q�thpTXY, Northeasterly y-thrpe.and 5/100 feet; et>ad;(outhTep erly one ix' foriperl• y of George • W. �>rly *.;lan4 now or formerly feet. .0i4aseur, C. E., dated - ►y, AV` portion of which is ;b4.,PaRe 36. 1ja.�nRo:►%K rd:.iv I' bq41ed. and • described as � 1.166 hs, P s :� thf.rpremises on the Road, n 1:the kine runs Southerly on rU,�-,g,,,thswce Westerly by ii ►ar�.y:,�gf Juliva Bode; thence Morzy1••�.•.gtyrrederiek Raba at its pAn.091�. hereinabove ipdb1�'4;t�,t.,paFael to the p� T., 'hoiltRk"• Margerison at ux 'th' BaZr.Registry of Deedsj Title to the first parcel above deacribed••is corif&rmed in our names by decree of the Land Court (Case No. 23383) dated Dude!,a41.1952� recorded with said Registry of Deeds 'on Jtute 25, 1952. U. S. Fedcral Revenue Stamps Massachusetts Deed Exclo';Skgmps in sum „(e q-. `t-0.... in sum of 3 offixc.l amt canccCed un titis nffixed and can on'.0s{ inat rutncnt. instrument. Wes the said mortgagors �_....._........_.. __ ___---NMI= Mi -ase to said grantee all rights of dower tenancand the cu teal and other interests therein. ,i(Iltucss Our. hands and scab this-... thirteenth ...day of 19_5 m4e (Itim muroealt1i of Massurlluertu Essex .z. _.- ._._A.ugust _lis_......._._ 19.53 hen tn•i ".Hall• appeared the above-named. - - - - - - - - - George W.. Loj.r.d....ank Ruth E. Lord- - - -- - - - - and a. kuu%.ledgcd the (uregoing instrument to be_-the1P.___free act �and �deed, before me i.w7 MI. Glx zom Essex,ss. Recorded Aug. 13, 1953 at 4m past,3P.M. FROM : $*MUER CONSULTANTS, INC. 9„0 n m y PHONE NO. 978 686 5100 Jun. 10 1999 08:59AM P2 u Aj t n m y P s1 tb n m y Iro L w veer-FYo�f�Sc also �F�� cr�rr� fi 71---- -D3 .-/ ti HP Fax K 1220xi Last Transaction Date Time Type Identification Log for NORTH ANDOVER 9786889542 Jun 18 2003 11:39am Duration Pages Result Jun 18 11:34am Fax Sent 89784756703 4:46 10 OK 1 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision �= Year 2003 ` Property at: for premises at: Lot A. Forest Street NAME: Forest Glen Development, Inc. HEARING(S): 3/11/03 (Legal notice onlye & 11/18/03 ADDRESS: for premises at: Lot A, Forest Street PETITION: 2003-008 u North Andover, MA 01845 TYPING DATE: Nov. 24, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, the 18"' of November, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box 248, North Andover, MA for the premises at Lot A, Forest Street, North Andover, MA (Map 105D, Parcel 39). The Application is pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for the construction of 4 units of housing of which 25% or 1 unit will be an affordable unit and seeks relief in order to be economically viable and to exempt the proposed development from local requirements and regulations that are not consistent with local needs. The units are to be sold or rented to moderate -income persons meeting the eligibility guidelines established by the Massachusetts Housing Financing Agency (MassHousing). The legal notice was published in the Eagle Tribune on February 24 & March 3, 2003. The legal notice was read in the March 11, 2003 meetinj and the ap�licant requested the Board to continue the hearing to the April 16th , the May 15th, the June 10 , the July 8 , the August 12`h, the September 9d', and the October 14`h meetings. The following members were present to hear the applicant withdraw without prejudice: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by Walter F. Soule and 2nd by Ellen P. McIntyre, the Board voted to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Town of North Andover Board of Appeals, I William J. S llivan, Chairman C Decision 2003-008. U-) M105DP39. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 i Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D\Robert Nicetta Building Commissioner North Andover Zoning Board of Appeals Telephone (978) 688-9541 Fax (978) 688-9542 J, Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 11 `s of March, 2003 at 7:30 pm to all parties interested in the appeal of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box 248, North Andover, MA for the premises at Lot A, Forest Street, North Andover, MA (Map 1051), Parcel 39). The Application is pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for the construction of 4 units of housing of which 25% or 1 unit will be an affordable unit and seeks relief in order to be economically viable and to exempt the proposed development from local requirements and regulations that are not consistent with local needs. The units are to be sold or rented to moderate -income persons meeting the eligibility guidelines established by the Massachusetts Housing Financing Agency (MassHousing). Said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district. Plans are available to review at the office of the Building Dept., 27 Charles St., North Andover, MA Monday through Thursday during the hours of 9:00am to 2:00pm. Board of Appeals William J. Sullivan, Chairman © _'= c--. To be published in the Eagle Tribune on February 24 & March 3, 2003. N `` CD rn CD C:), --,o u� rn Legalnotice 2003-008. "D cTl v W til 1\3 06 CD mC7�n=-��Dp!-r1ooos o3ZDm/—O�mg.CD5r3Dn Wm umor w cD ��mcm �hccm°omamimvNc n�o?ioac.omZA --•o-fl �m 7O00C AD zo �E� �o^��DyT°Z Zof v�o�°-C"o OZaow~/sav w��0 � ooms�o��3mw30-- CaOo0mo•°(uO�v•» m�m�� a !aCD CD arq 0g mc�m_ =cyCD M p �WZ��DyO� n m���wvUyOy v 3omawo5COL D (0^mm U) • ° XoFmNwyomaomrDO �DN <o mmm o 3 W m .Dio� _m Er :3 M�w D.oa•CD CL CL 0a<a�aa-l�cyamCDZr�y3� ca m_�m o c�o�QoZ_0 Nom @j°2'smOn�A�x_ w ?orom ommo�vwuo�4�mvs� Am�?_<�vou;r tcwl . a:) BSI Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 MAR -05-2003 WED 11:32 AM MARKJOHNSON A FAQ NO, 9784756703 Pr 02/08 .4 Hyl .r�N cl .yAn n. e 1 .v R J D{ i A e ,''i •• r�' - '' C " r: S: i { ..... .. _.. _ ........ _...... --- ' _ r t'oela,la i }' �t rLT�' I'o•;t1gn S A) C,§Irluulren 41 Cr,tlflodfue .. _..._.._... __.__»_.. _.. 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N r i ,'.,i'r .. 0 --n 'r r•ItV�('p,7tl'iq (,J .................. .i... 7S1 1'01"Ctit �1rCCt M ��� .y 1 C Qi t._.. /� city ;r;�fl:: ��r %i North A ndovcr, Ma U 1845 rs t it P) d p, Mel n s Ul , �• r :13 C.nllilba'Irau--•---••----- r' ,..� GmGJuslFpp .--- .-..— '•r Ilntunl Vni-diel fOn f Info IrI : �:. :S t Itaum ni,(xlln rr•O __. _. ..-.— pp•.,ryllnlf 00111cnlvud11injOw'o ! r1 tFUr.lurmrotrhvpolut9 Id•u: f1,••.6hivJ lh.litlliy h,X' -.._... .. r r _ }. 'i 0 nw-hick-d ncllVUty rtro (Ilelrrr:rinnnl rlrrquhty� �., , i 41.ncMrrmUAFtetpllcKq 'Io1:Apn:angnA,r •' L •�' r 7,31.11po;lagn' aGUmSrrnr ro C'(� TimU1l1 l' ca kgrbl,�pt Nn;c•;' 790 forts( Street S � strw�'nr.'r.N.; Y rishy . Nurllt Andover, Ma UT$4S ; �"; 709 rarest Street 3:rut;;,"7:i" r dry �r:,i�. rrr North Aodover, �{ h Ma 01 84S mmwm tl fit di r:nl ll(b.vt I rr, � � '- • ca f'enlifwd FUO ... ------ - • --. Rr-ptt•trlt ,,,... ..— puU,3,aA r r (I'I'd-'IuUmult I lnrllatrup I Ir,n C] fb;lunv N`0010 FIII; I r _ ..._._.... _ �7 (I.ndhl6nnuvll fll:rlwradl IIv�I,Irlmlltt.INr-tvrtrt r-3 (rn AnKrintio f o,fuhn<q flChv.hnl OGtlanry foo :7 __. .. _ (fndu,•,anotd r1,;qtr?Ic•t9— ;y t` iat:d pu91: pr. A teen $ nrT„` ti AnnaGilher( "e, 4- (046 260 M, Tannat•orlc Maid ,Slrrct Apt 2 o ' i:,:i•i: nj,t. 743 Forest Strect C;ig$r:rr:;,. Slilcnl, Nil O.TO79 i F't'r', o 011, ("1010• North Andover, Ma 01845 El SFAR NO, 9784756703'. P. 03/08 MAR -05-2003 WED 11:34 AM MARKJOHNSON FAX N0, 9784756703 : P. 04/08 �t �•. pr rrrta'b,y xl}'. 1 1 Pr ' .r ,@ "y0 Ln (iKta�t\v mrY 1 t ,1 n M • . YN • r• o ';",',!'•','�x!!'!9Gi ,`'+J�R` r\ 1' , i'''r`�+�tn'gt[c�•R�'.!'ti i. '' .`- -°_ _ .. ca dj or 1'p'°nru t Q N.-ten L La Ltuwimi roc 1 Gcrldi•:d f•`t! ~J R,`hnp (lnrrl{,1 ('t71 - --' — ' t 1t4•T ' : I O now, flC(a!prt FN 1117.1 l �ryl'n° \:niaN lhrpquvey ,.l (Fn&)fanlmrd NrgliH) (In:,idclM (Mllvnry f nn (fnrinrnmrnl(htUnu•,p C3t• '�,�„' ri,r: (laatoronmm�tlldOudaLt) t Total ('pA1,Vyq A r— E3 • : r' 't ., O r' •, r Total Po wigo A Fntwy $ �. F.(ri-' i'ti'i ,�I •mtln JOhll170x(1 / David Martin ''1 ” sig i't n;.,. N1, 701 1�orest StrCCt �'' Si (ad; iqa_ will' 110 Laconia Circle r �• Cary,jt6;h:Zlf Noah Andover, Ma 01R45 �'' uiy.'stiirts;ail:: North Andover, Ma 01845 • r •ena ml■ g�q i Wr •�, ,'. ., t 11,i1i9., .�..v, ��C� !t !rq'w'»cS,�. 1r• r,'• r,v• �' JOil dr r0 •r4n $ (10,ldn,ur,:0 =1 lirhtln (ir,,tul 4 Ph1 . , ......__.. rlrei • ! ,_ ,/ fh4tgn NpCri�t frr, ..__ .— IW':h1r,Lh I r.l 11:Otlnr�!n1cnlRrqudr..) Id;nr 1 (I]U4u'.ry1nuA f6•tpidattJ '. , E ) ., hl,^ddi,6$1 LN-lively I fill (Fr1Jhr3mnrltGtnrq�IrxQ . -,: •, -• vr r tf• .� F%- rus.11 Pv;tmye P Erne 4A It , , •,. � ' ' = '� (' � � Sanf to -� — 1 ` Dennis J i IS011 �, t .\�conia (.ircl� ltcaliy Trust, 757 Forest SIrC%f ; : ; s ; "Pf' "" Gregory J. Sehmidl, Tr SL;ri-; lll.. Nol lit Andover, Ma 01845 ,4. 130 Laconia Circle ,f y Nod h Andover, Ma 01845 • t1• Lrl w ru CvgllpQ fun 37 _ Pfrommi,( M nr. gp,111N.Hr1t "a -2 Idalhh ltrc•gdlr: Ifivn rl I[in,lni �raneld nrrpaLty 11 Ipr,1 ' AO:Girtrd tk•6Yory Foo -� ..... _..• • '-'' f7 (ro"himNnvill rklgl4(al -� t1n';b{';1tn1 l'c 1(vt:ty Ilrl .. )— h�IJ1Y�.iivatl nrrpip.,,q .. ___.__..._ .. f •, + 0 � f � Tvla1 re�t9n.• n r.,,., Q ►nlrtl Pu•t:%,- o ✓ (U� f r r l rvrf Pa- -�Scott Karpinski ;.............Arnold L. Buck ✓ •Ecur, M , ... . , 691 forest Sircet o 683 Forest Street ......... ;r't cr, Ma 01 fi45 North Andover, Ma 01 RAS '- : ; ►� = North. Andov , Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2003 Property at: for premises at: Lot A, Forest Street NAME: Forest Glen Development, Inc. HEARING(S): 3/11/03 (Legal notice only) & 11/18/03 ADDRESS: for premises at: Lot A, Forest Street PETITION: 2003-008 North Andover, MA 01845 TYPING DATE: Nov. 24, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, the 18`h of November, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box 248, North Andover, MA for the premises at Lot A, Forest Street, North Andover, MA (Map 105D, Parcel 39). The Application is pursuant to MGL Chap. 40B, Sec. 21 for a Comprehensive Permit for the construction of 4 units of housing of which 25% or 1 unit will be an affordable unit and seeks relief in order to be economically viable and to exempt the proposed development from local requirements and regulations that are not consistent with local needs. The units are to be sold or rented to moderate -income persons meeting the eligibility guidelines established by the Massachusetts Housing Financing Agency (MassHousing). The legal notice was published in the Eagle Tribune on February 24 & March 3, 2003. The legal notice was read in the March 11, 2003 meetin� and the applicant requested the Board to continue the hearing to the April 16`h , the May 15`x', the June 10 , the July 8`b, the August 12`h, the September 9d', and the October 14th meetings. The following members were present to hear the applicant withdraw without prejudice: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by Walter F. Soule and Td by Ellen P. Mchityre, the Board voted to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Town of North Andover Board of Appeals, Wiliam J. Sullivan, Chairman Decision 2003-008. M105DP39. NOV-19-2003 WED 04:13 AM.MARKJOHNSON FAX N0, 9784756703 LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Sircet And<wcr, MasSachusCtts 01810-3706 (978) 475-988 'I'dectipicc (1)7H)475-6703 MARK D• MUNSON SMA N11, A.') LINDA A. 0TONNI11, (MA, NI I, RI) IX.JNAtr) 1. 0011riNS'IFIN (NtA,W) MICIIA11 Ci. 1'URLON(i (MA) JAMES DONVAN'11 (MA) fi1IAUNA I:, Mt('AIt I'IIY, J.I. November 18, 2003 Vin f ir4wintile: 1.978.688.9542 North Anduver Zoning Board of Appeals Attention: Mitch Glennon 27 Ch:u'les Strect North Andovcr, MA 01845 Itc: Comprehensive Permit, Applicat ions an 03- 6V Propcilics: Lot A and Lot 'Forest Street, Norih Andover, MA App lieaut, Forest (,len Development, lac._ Re: Variance, Spccial Permit and Findings Applications Properties: Lot A and Lot C Forest Street, North Andover, MA Applicant: Foret QjY cn . evclont�ent,-Ince Door Board Members: "T'he Appliciuit will be withdrawing the above. Comprchcnsive Permit /Applications at tonight's mec.iing. Very truly yours, LAW OI'-TICl; OF MARK 13. JOHNSON Donald F. Borenste;in T)[�I3�•klb pc: Forest Glen Devclopnncnt, Irlc. u ' ii-lticgnndx;vb,u-Oasl4Ri.a.�i-nJru,b�cl02)pOGpt-aceta:lrnnypgimilvhaIV11•iD•03da I Ef.FI ` V 20033 BOARD O,- APPEAL$' P. 02 jh(r,il�;alc KATHRYN M. MORIN UANNri CRISrALOI JOAN It. MIT MIC:11111* C. JONIKAS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax(978)688-9542 Date � � �,,� l", -f , zoo Please be advised that I wish to withdraw my Variance S ecial Permit Comprehensive Perrrut Finding petition without prejudice from the North Andover Zoning Board of Appeals agenda for property located at: tt STREET: - TOWN: r�✓�'�/1 �a'l ov�eni NAME OF PETITIONER: 1 Signed: etiitim etitione r resentativ r p ) Withdraw NOV 1 8 2003 U 'J Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 AUG -13-2003 WED 11:30 AM ATTY MARK B JOHNSON FAX N0, 9784756703 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Chares Street North Andover, Massachusetts 01895 D. Robert Niceft . Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 P. 03 Telephone (97$) 688"9541 Fax (978) 688-9542 b ki ' G t� Please be advised that I have agreed to waive the time constraints or the Norl Andover Zoning Board of Appeals to make a decision regarding the granting of a p N' Fri r -n > C .i ter->� CDri- variance kLaxt \7w 2� smew P ' Yermrt (40B F for property located at: STREET: LoV A. TOWN.— M fa1,-,I TO MEETING DATE(S): • ON&AN06✓81`� NAME OF Signed: WAIVER PETITIONER: -- &we-,5A- .-�e��i�or pe ' ueer's representative) Board Of Appeals 978- 688-9541 B iWing 97"U-4545 Cowsayl pion 978-688-9530 HeaM 94&488-9540 ftm!ng 978488-9535 1 I_IAW OF11[['1_ (-)1, MARK B. JOHNSON 12 Chesuit'it Street Andover; (Massachusetts 01810-3706 (978) 47j-4488 Tdccopicr: ('.)78) 475-6703 k4ARK 13 JOHNSON 04A, Nil, DC) LINDA A O'C'ONNELI. (NIA. NII. RI) DONALD 1: I3ORENSTEIN OVIA.'4I'.) MICHAEL G. FURLONG (MA) SHAUNA E. 41c(:ARTHY. J.D. August 6, 2003 'North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01 845 C/o Mitch Glennon .Re: Comprehensive Permit Applications .Properties:. Lot A and Lot C Forest Street, North Andover, MA Applicant: Forest Glen Develop ment_ Inc_ Re: Variance, Special Permit and Findings Applications Properties: Lot A and Lot C Forest Street, North Andover, MA Applicant: Forest Glen Develo )men_ t Inc Dear Board Members: Paralegals KATHRYN M h1C)F I IANNF. Ul?)S-I AI JOAN H. ULA MICHEL C. JONIK, This letter will confirm that the Applicant will proceed alternatively, tinder both sets of the above -referenced applications, at -the Zoning Board's meeting on Tuesday, August 12, 2003, The Applicant requests that the applications fur Va1-iarlce/Special Pernilts/ lnding i-elated.to the single.' fa111lly develolmle11t of e.1ch l)ropti'ty be considered first by the board, AUgUSt 6, 2003 Page 7 I believe: this request is consistent with `hown C'ounsel's advice to the Board on this matter. Thank YOU in advance for this cooperation in this regard. Very truly yours, LAW OFFICE OF MARK B. JOHNSON Donald F. Borer /jd pc: Forest Glen -Development, Inc. John Witten, ;Esq. Charles Foster, Esq. Glennon, Michel From: Michel Glennon[mglennon@townofnorthandover.com] Sent: Wednesday, July 02, 2003 3:12 PM To: 'tju@ufb.com' Subject: Lot A & C Forest Street Hello, Atty. Urbelist; Mr. Sullivan has two questions about the Forest Street applications: 1. Can the ZBA have both types of applications on the agenda, 40B and Variance, Special Permit & Finding? 2. Since nothing has changed as to shape, topography, or soil conditions since the Board denied the 2000 petitions, can the Board reverse itself? Is the hardship of unusable land enough? 40B Lot A (parcel 39) legal notice read 3-11-03, continued without any testimony to August 12, 2003 ZBA petition # 2003-008. 40B Lot C (parcel 71) ZBA petition #2003- 009. Variance, Special Permit & Finding Lot A (Parcel 39) legal notice to be read 7-8-2003 ZBA petition # 2003-021. Variance, Special Permit & Finding Lot C (Parcel 71) ZBA petition # 2003-022. Thank you, Mich Glennon Hpr 1b U.7 Ub: CUa nUK 1 H H19UUVLK H786889542 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 p.2 Telephone (978) 688-9541 Fax (978) 688-9542 Date —Ae l I c2003 Please be advised that I have agreed to waive the time constraints for the Noll Andover Zoning Board of Appeals to make a decision regarding the granting of a N Variance Special Permit; ,--,.Comprehensive Permit (40B) Finding for property located at: STREET: TOWN: -1 1 / Fi1YFCJ MEETING DATE(S): * �� NAME OF PETITIONER: Signed: Petitioner (or petitioner's representative) WAIVER o r) 5:; z==Mr �•n aF->"� �r1CDi n, �:oU7CD rn�s Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 .Healdi 978-688-9540 Planning 978-688-9535 i� APR 1 7 2003 BOARD O; APPEALS I Town -of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax (978) 688-9542 Date jU , Zoos C_ -n Please be advised that I have agreed to waive the time constraints for the Nofth Andover Zoning Board of Appeals to make a decision regarding the granting of a w Variance Special Permit Comprehensive Permit (4 Finding X �. _ for property located at: STREET:__U4 A &-Pesi � tti AJovtv ,Iy TOWN:car IA TO MEETING DATE(S): STi 24 - Zoos NAME OF PE Signed: P@4ionor (or petitioner's representative) Board0 peals 978-08-9541 Building 978-688-9545 Conservation 9.78-688-9530 Health 978-688-9540 Planning 978-688-9535 JUN 1 0 2003 BOARD OF APPFAI S, - A Town of forth Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax (978) 688-9542 Please be advised that I have agreed to waive the time constraint for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a G7 Variance Special Permit; =''a Compre ensive Permit (40B), f'-- V �J for property located at: r a K STREET: (—U A TOWN:,✓ TO MEETING DATE(S): 200 j NAME OF PE Signed: TITIONER: ILI( Petitioner ( petitioner's re re L _i - _ :WAIVER i MAY ,f I teals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Plaiuiing 978-688-9535 BOAR) OF APPrE_AILS Ij, iA I ZUQQ FOREST STREET NEIGHBORHOOD ASSOCIATION, INC. c/o Charles Foster, Treasurer APPEALS 754 Forest Street N. Andover, MA 01845 May 15, 2003 Dear Members of the North Andover Board of Appeals: On behalf of the Forest Street Neighborhood Association, Inc., we respectfully request that the North Andover Board of Appeals grant a continuance of the public hearing on the comprehensive permit application submitted by Forest Glen Development, Inc. for a proposed development off of Forest Street, North Andover, Massachusetts, to a date certain in June or July, 2003. The Association understands that the applicant will be requesting said continuance. The Association understands that the applicant for the comprehensive permit is considering alternative development proposals for the two parcels in question. Given the zoning and application history of these parcels and the impact of the proposed comprehensive permit application upon the neighborhood, the Association believes it in the best interests of the Town to afford the applicant additional time to discuss alternatives for the two parcels with both the neighborhood and the Board of Appeals. We respectfully ask that the Board continue the public hearing in this matter to a date certain. Thank you very much. On behalf of the Forest Street Neighborhood Association, Inc. 769 Fore-` S1 D ire c-Q:� 790 tures-P Ili+ 'd� ok 612 Jew, aahe) S� . 9� 81'q torp Stt. 6k,r c-� f-er� %J� YpC�51 J LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Street, Andover, Massachusetts 01810-3706 (978)475-4488 Telecopier: (978) 475-6703 MARK B. JOHNSON (MA, NH, DC) LINDA A. O'CONNELL (MA, NH, RI) DONALD F. BORENSTEIN (MA, ME) MICHAEL G. FURLONG (MA) SHAUNA E. McCARTHY, J.D. June 4, 2003 D. Robert Nicetta, Building Commissioner Building Department Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Lot A and Lot C Forest Street, North Andover, MA Dear Mr. Nicetta: Paralegals KATHRYN M. MORIN LIANNE CRISTALDI JOAN H. DUFF MICHELE C. JONIKAS As you know, I represent Forest Glen Development in connection with the above - referenced properties. Pursuant to an agreement reached with abutters to the property, Forest Glen intends to file variance applications for development of a single family home on each lot. To the extent necessary, would you please provide confirmation of your denial of the construction of such dwellings on the above -referenced parcels, in advance of the Zoning Board's next filing deadline of June 12, 2003. If you need any further information, please do not hesitate to contact me. cc: Forest Glen Development FANew-Docs1Forest Glen Dev, Inc102-308 Forest Street Comp PermitWicetta It 8-03-03.doc Very truly yours, LAW OFFICE OF MARK B. JOHNSON Donald F. Boren: V Apr 16 03 09:20a NORTH ANDOVER 9786889542 p.2 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax . (978)688-9542 Date_ADr��L1G�2oo3 Please be advised that I have agreed to waive the time constraints or the NoA Andover Zoning Board of Appeals to make a decision regarding the granting of a N r_ - Variance Special Permit; t,.Comprehensive Permit (40B) Finding for property located at: STREET: TOWN: FETING DATE(S): 4M �� �D 03 M-e,e I -► v, C; NAME OF PETITIONER: Signed: Petitioner (or petitioner's representative) WAIVER Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 .Health 978-688-9540 Planning 978-688-9535 APR i 7 2003 BOARD Or APPEALS — APR -15-2003 TUE 04:32 PM MARKJOHNSON FAX NO, 9784756703 P. 02 I.AW O1TICE OF ,MARK S. JOHNSON 12 Chestnut Street Andover, Massachusetts 01810-3706 (978) 475-4488 TOccopim: (978) 475.6703 I!�u_;tic6ali MARK !1. JOHNSON (MA. Nil, DC) KA I NRYN M. MORIN LINDA A. 0'('0NN1;LL (MA, NI I, RI) LIANNI'. CRN I"ALM WNAI1) P. Is01((,N T11I.N (MA, ME) 10AN H. DLIFG FURLONG (NIA) M1011:11C. JONIKA` TRA(' I J AY F 'I I rrrt.e N(IAUNA Ir. MWAR111Y, J.u. April 15, 2003 Vin Tnesimile: 978.688.9542 And First Class Mail louring Board of Appeals 27 C h.irlcs Strect North Andover, MA 01845 Re: Comprehensive Permit Application 39 anti 71 Forest Street, Noah Andovcr, MA AnaLicaq., Glen Development, Inc.___ l')car Sir/Madain: The above -captioned matter is scheduled before the 7.oning Board on Wednesday, April 16, 2003. This leiter is to request that said hearing be continued until the Board's next rtvi�ilahle nieeting. Please contact me if the Board requires the execution of any further documentation in comiection with this request or if any attendance at the mceting by the j1pplicant will be necessary. Thank you (or your cooperation in this regard. vely truly yours, I.,AW OFFICE OF MARK B. JOHNSON Donald 11, lion -ns ci�i -.._ .—..�. 1)103--klb pc: Forest Glen, Inc. Charles, Foster, Es(loire r I D rf 1� ew DuuA IA"QIOn DcV. W02 908 F'aoGt SbeM Cmnp Ppua!\tbrlp 4. U 07 due APR U 2003 L� BOARD Ol= APPEALS .... ..-. ,-r .....1n.,. ,u,uu r"IN J /OOOtfJO'fG P. e 1 Town of North Andover NORTa Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles street North Andover, Massachusetts 01845 �'�s'`*•° Jt D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 SA�HUS Telephone (978) 688-9541 Fax . (978) 688-9542 Date L ( (, ZC-03 +0 MAy k, ZW 3r Please be advised that I have agreed to wive the time constraints for the North Andover Zoning Board of Appeals to make a decisionAregardingthe granting of a a�kl �,,�1 `�atl�ce" -9peeittl-l:'ennir:- Comprehensive Permit (40B) Fifildint— for property located at: STREET: L TOWN: Nu �- N MEETING DATE(S): NAME OF PETITIONER: Y e _ Signed: Petitioner (or petitioner's represe e lam. oh'9Ic� � �Jare,hS�e'lti4>� A,d",1 VVIA o v%icy WAIVER N w M W 0 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-954o Planning 978-688-9535 U _7 11 LIAR 1 1 2002 BOAP D Or APPEALS North Andover Zoning Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the I Ph of March, 2003 at 7:30 pm to all parties interested in the appeal of Forest Glen Development, Inc., d/b/a 130 Middlesex Street, P. O. Box 248,North Andover, MA for the premises at Lot A, Forest Street, North Andover, MA (Map 10513, Parcel 39). The Application is pursuant to MGL Chap. 40B, Sec. 21 for a Compreh sive Permit for the construction of 4 units of housing of which 25% or 1 unit will be affordable and seeks relief in order to be economically viable and to exempt the proposed development from local requirements and regulations that are not consistent with local needs. The units are to be sold or rented to moderate -income persons meeting the eligibility guidelines established by the FHLB/Boston. Said premise affected is property with frontage on the west side of Forest Street within the R-1 zoning district. Plans are available to review at the office of the Building Dept., 27 Charles -St., North Andover, MA Monday through Thursday during the hours of 9:OOam to 2:OOpm. Board of Appeals William J. Sullivan, Chairman To be published in the Eagle Tribune on February 24 & March 3, 2003. Legalnotice 2003-008. FEB -1 12:18 PM MARKJOHNSON III 'ceiv twn t.. K: FAX NO 91d MIUZI !�I ct• 1g f) r�t� jWN 01.E-0ff 'TOWN ()f NUR"I'1I AN7x)�Vi;it, MASSACHUSETTS fi �tP�OR R iiUAttl) OF APPEALSIUN1N(i Ultt)rNANC1rE.b I? �?: �I! API'I,It:A.II()N 1"Olt RELIG.I I ROM 1'II , cl �pinertt LnG A(I(ICC5S `P U liox . 2�,I1.—•—...,.,—..-- Ahl.lIii;ant__�',�rcr MAL .1.3U M1d�ilceex,SL Ncn_th Atldover,---„ 1. �,l',l�{ic.[ult is I1Grzlly taai{e: n) l [,! n varillnc� fion, the reQUiruileiits of of tt►e Zoning Dylaws. l�} 1'oC a 51�i 4ii11 Perink 111017l'ur,tErapl,.._..,...._— 01 llle Zoning Bylaws Asa 1'a!'ty �1t?griw�il, liar review of a il,ae.ision made by the 11ui1(lil'!tt Inspector or ofllc r aulhovity. tl lour aCc�u,{�ret,sny.l.ve .f cruli.t, 1>ursu[►ut Lu M.G.I. C. 401), ss.ZU-2 [!) 1'rerllises af-leCLUI ilrC lt,n(1_._. ,._�nul builelill�(s) Street. lr xC,gL . ... 1'111,1,I�c:recl_.Parr.cl. 3�,._L.^t fl._—."'- ---... ----- West X h) prelrtisc=s of kcteC are"[t properly With frolli ge on we NOrth () Smith l�Teet. rc,a ecr. ,. ,jj !.Orutl� L)isLrict Rc_ nt:1a1_ ei.5�he. 1)retl1lS f�t li,ctcd l�[lvr, e[� i) I retnt5 _ st7uaru Iket ;ln�l Irontnec a. (.)Wl'ic:[sbip: u) fuu[!,� 01111a6(tress of umor Of joint ownership, 4 u1:l.r,W 't'TUyt , ida M. );rroo,"lritstee 7f11_1�orea_ SL N01:01 Al -id"", Its 1 1.[u. 11 1'i'eviclus OWnt:r _�__--- Me of Purdmsc b) I f" uppltcant is not Owlter, check his/llcr interest if' premises: Lessee _ Utller ?. i.eltzr of aulirorittltii)u li)r Varilnce/Specie-tl ]'er[uit reiltiired 5M i FEB -19-2003 WED 12:18 PM MARKJOHNSON Receivell 1!y To awn Qei], : FAX NO, 9784756703 P. 04/04 .li)pt,I�f1If�1lJS , "TOWN (0 NoRT1I ANI)OVI,"R, MASSACHIJKITTS f"l}�i1°11 ANh01�( BOARD O APITAI.S Irl, A1'1'1,IC:ATION FOR R.11L1L- FROM TUB, Z.ON1N0 Oltl)rNAN�31�t'1a I? 1� 1?: oil , f1h(tlica,ll ls!r,; �G.. ��).t'!l.l�uyc'I�t�usec►t, T.nc __ Address n U Dox 248 130 M1dd1ceex Se Norch Andover, MA 01.84 X) No.—C2.71l�Z21-,21. 1. 1. AJ',1�1i'�,rrt is hCrelty rnatle, tt) l ctr n V01-iEtna: fiom the re(Iuiremonts ofSeel iolr 1'trrli;E�thh .._._..._•_ andTable:...----of tl►e Zortin�► Ilyiaws,---- _� l!) Vor a SpecinI Permit under Section. of llie Zoning Dylaws , C) As it Party Mvidev►.il, 161. review of a rhacision made by the 13uildiqInspector or otherEIUI 11f)rlly, d) For a (,olliiret,en,.l.ve Per►ni.t pursunut: t:o M.G.L. C. 4011, ss.20-23 '., rt) J'r(ntisrs alli CLed are JancJ,,.,_,. _t.nul lntilclin (s) rtiiuthcre,i_.Pa,-r.cL 3�,._.L.nC (�. 1'orc�e Sll-cet. h) 1're,nises itfkciec arca property with f,-Orltage On the North (') Scntth O T? ist ( 1 West Oo Side of._ _._.. ... _—_.. - ,• _ rc,a ecr._— - ,Street, r:) Premises ill !,)ming 1)isLrictResiden.r:lal. anti the premises afle.ctcd have rill area of -- 43, 146,,. s,Iulrc fret 111(1 liul-ttnee of_ ._ 150 feet. 3. Owru:lsky-, a) idu,►tc anal lddre:ss of owner (ifjoint ownership, -ivc etll names): Pine llul:tc,w Truat•, Linda M. Ern,o, Trustee 781 horesil- St North Andover, MA, )ule of Purchase .,.._._— ...__Previous Owner, (.►) 1. If applicant is not owner, check Jus/ltcr interest i„ premises; _ X..._Prospoctive Pul-chaser -- Lessee _--Other 2. l.elter of Ell it Fcr Variance/Special Permit required 5 o f 8 Received by Town Clerk:J�YCt SRDSiI� TQIfFd CLER, TOWN OF NORTH ANDOVER, MASSACHUSETTS NQp,1 y A FdDt7VER BOARD OF APPEALS ""FEB 12 P12: Oy APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Forest Glen Development, Inc Address P 0 Box 248 130 Middlesex St North Andover, MA 0184fel. No. (978)794-9191 1. Applicant is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a Special Permit under Section Paragraph of the Zoning Bylaws C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. d) For a Comprehensive Permit pursuant to M.G.L. C. 40B, ss.20-23 2. a) Premises affected are land and budding(s) numbered Parcel 39, Lot A Forest Street. b) Premises affected area property with fi-ontage on the North () South O East (X) West ( ) side of Forest Street. c) Premises affected are in Zoning District Residential and the premises affected have an area of 43,146 square feet and frontage of 150 feet. 3. Ownership: ta a) Name and address of owner (if joint ownership, give all names): Pine Hollow Trust, Linda M. Ermo, Trustee 781 Forest St North Andover, MA Date of Purchase Previous Owner b) 1. If applicant is not owner, check his/her interest in premises: X Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required 5 of 8 I I I I II � FEB1u2003 BOA,Z:,) OFF APPEALS 4. Site of proposed building: 76 ft front; 28 Height 2� stories; 37.25 a) Approximate date of erection TRT) b) Occupancy or use of each floor: Residential c) Type of construction Townhouse/Condominium 5. Has there been a previous appeal, under zoning, on these premises? Yes 6. Description of relief sought on this petition Review and acceptance of Comprehensive permit feet deep; feet. When April 12, 2000 7. Deed recorded in the Registry of Deeds in Book 3657 No. Page 232 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) Please refer to the attached statement and exhibits. I agree to pay the filing, fee, advertising in newspaper, and incidental expenses* Signatur of Petitioner (s) Gerard E. Welch, President Forest Glen Development, Inc. 6 of 8 TOWN OF NORTH ANDOVER, ZONING BOARD OF APPEALS APPLICANT'S PROPERTY: List by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS 105D 39 105D Lot A. Forest Street Ars u r r LK6 PKUYLK r Y: LrJ r BY MAP, PARUEL, NAME AND ADDRESS (PLEASE PRINT CLEARLY, USE BLACK INK IMM 11Nr "I'UVIA IIUrN WAN UBIAlNLll A'1ME ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE: BY: DATE: SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER Required list of parties of interest Page one E:INew-DocsTorest Glen Dev, IW02-308 Forest Street Comp PermitVable Lot A.doc I I of �r,°iifie ..�—''i � ay/Q3 Board f , e q North Andover MAP PARCEL NAME ADDRESS 105D 18 Jacques Marchand 805 Forest Street 105D 161 Alfred DePietro 140 Laconia Circle 105D 162 Lisa Wysocki 851 Forest Street 105D 163 David Timpe 150 Laconia Circle 105D 37 Paul & Elizabeth Merrill 84 West Main St. Georgetown, MA 01833 105D 45 Frank Carnovale 804 Forest Street 105D 44 Paul Guerrieo 790 Forest Street 105D 35 Scott Blaney 780 Forest Street 105D 71 Anila Gilbert 260 Main St., Apt. #2, Salem, NH 03079 105D 40 Ronald Emro 781 Forest Street 105D 72 Timothy Prisby 769 Forest Street 105D 175 John Iannarone 743 Forest Street 105D 176 Dermis Jillson 757 Forest Street 105D 17 David Martin 701 Forest Street 105D 173 Scott Karpinski 691 Forest Street 105D 158 Johri Good 110 Laconia Circle 105D 160 Laconia Circle Realty Trust, Gregory J. Schmidt, Tr 130 Laconia Circle 105D 172 Arnold L. Buck 683 Forest Street IMM 11Nr "I'UVIA IIUrN WAN UBIAlNLll A'1ME ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE: BY: DATE: SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER Required list of parties of interest Page one E:INew-DocsTorest Glen Dev, IW02-308 Forest Street Comp PermitVable Lot A.doc I I of �r,°iifie ..�—''i � ay/Q3 Board f , e q North Andover COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICATION FOR COMPREHENSIVE PERMIT (Mass.Gen.Laws c.40B, §§20-23) FOREST. GLEN CONDOMINIUM I Parcel 39 (Lot A) Forest Street North Andover, Massachusetts Applicant: Forest Glen Development, Inc. P.O. Box 248 North Andover, MA 01845 COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICATION FOR COMPREHENSIVE PERMIT (Mass.Gen.Laws c.40B, §§20-23) FOREST GLEN CONDOMINIUM 1 Parcel 39 (Lot A) Forest Street North Andover, MA 1. Applicant: Forest Glen Development, Inc. P.O. Box 248 North Andover, MA 01845 2. Property: Assessors Map 105D, Parcel 39( shown as Lot A on the Site Plan submitted herewith), being 43,146 s.f. (1+ acres) on Forest Street. 3. Summary of Proposed Project: The proposed Project is known as "Forest Glen Condominium 1". It will consist of 4, 2 -bedroom, attached condominium units, contained in one building of traditional, hip -roof, colonial construction . The condominium units will range in size for 1,405 s.f. to 1,461 s.f. of living area each. Each unit will include an interest in the common areas and amenities of the condominium. One unit, being 25% of the total units, will be set aside and 2 F:\New-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 39.doc restricted to persons qualified as moderate income buyers ("Affordable Unit"), with income not exceeding 80% of the area household median. The Affordable Unit will be sold to such qualified buyers at a significantly reduced price, in compliance with the Comprehensive Permit Statute, G.L. c.40B, §§20-23 and the Housing Starts Program of the Massachusetts Housing Finance Agency ("MassHousing"). The remainder of the units will be sold at market rate ("Market Rate Units"). Continuing condominium services will include common area maintenance, snow removal, landscaping maintenance, and a unit owners association. The Applicant's maximum return on investment will be capped at 20% of total development costs, with any surplus returned to the Town of North Andover for use in its affordable housing programs, as required by the Housing Starts Program of MassHousing and the Comprehensive Permit Statute. 4. Site Development Plans: A copy of the Site Plan for the Project, signed by a registered professional engineer, is filed herewith and labeled as Exhibit A ("Site Plan"). Parcel 39 is identified as Lot A on the Site Plan. Lot C on the Site Plan is Parcel 71 on Town Assessors Map 105D. Lot C is the subject of a separate comprehensive permit application filed simultaneously herewith. 5. Existing Conditions: The site, Lot A, consists of a 43,146 s.f. wooded lot, with 150 feet of frontage on Forest Street. Forest Street is a paved public way, in good condition, varying in paved width between 18 and 22 feet. Traffic on Forest Street is two - 3 FANew-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 39.doc way, running North/South. Forest Street is located in a rural, residential area of North Andover, with traffic limited primarily to local residents and is very light. The neighborhood surrounding Lot A is residential. Although the surrounding neighborhood is predominantly developed with single-family homes, the proposed condominium is equivalent in size, construction and appearance to area homes. 6. Architectural Drawings: In addition to the Site Plan (Exhibit A), preliminary scaled architectural drawings, including typical floor plans and elevations, are submitted herewith as Exhibit B. 7. Table of Proposed Development: A Table of Proposed Development, showing building type, unit size (number of bedrooms and floor area), and a summary of total building coverage and total open space area is attached hereto as Exhibit C. It is proposed that 78% of the property would be common area open space. 8. Subdivision Plan: As the project is proposed as a condominium, no subdivision is proposed. Reference is made to the Site Plan, Exhibit A, for information usually contained in a preliminary subdivision plan. 9. Utility Plan: The preliminary plan of proposed location and types of sewage, drainage and water facilities is incorporated into the Site Plan, Exhibit A. 10. Comprehensive Permit Jurisdictional Requirements: 111 FANew-DocsTorest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 39.doc 11 The Applicant proposes to develop the Project as a "limited dividend organization" and in compliance with the requirements of the Housing Starts Program of MassHousing. Copies of the Comprehensive Permit Statute, G.L. c.40B, §§20-23, 760 CMR 31.01, et seg., and the MassHousing Housing Starts Program Guidelines are available from the Applicant's counsel upon request. The Applicant's Regulatory Agreement and Deed Restriction will conform to the forms accepted by MassHousing for such agreements. The Applicant intends to finalize and enter the Regulatory Agreement prior to commencing construction. The Applicant proposes to finalize and record completed Deed Restriction instruments in conjunction with the sale of the restricted Affordable Unit. The Project is fundable under the Housing Starts Program of MassHousing. A copy of the Preliminary Project Eligibility and Site Approval letter from MassHousing is attached hereto as Exhibit D. The Applicant controls the Project Site. The Applicant controls the Project Site pursuant to a Purchase and Sale Agreement and Addendum, both dated February 25, 1999, and an Extension of Time for Performance Agreement dated August 2, 2002. A copy of the Purchase and Sale Agreement, Addendum to Purchase and Sale Agreement and Extension of Time for Performance Agreement are attached hereto as Exhibit E. Requested Exceptions: The proposed exceptions from applicable local requirements are as follows: Local Requirement Required Proposed Minimum Lot Area 2 acres 1 acre FANew-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 39.doc Any other municipal permits or approvals necessary for the Project as proposed. The project as proposed does not require filing with the North Andover Conservation Commission, either under the Town's local wetlands bylaw or the State Wetlands Act. The project as proposed satisfies all applicable state and local regulations concerning septic service and design. 12. Conclusion: It is requested that the Board conduct a public hearing on this Application and approve same, under G.L. c.40B, §§20-23, 710 CMR 30.00 et seq. and the MassHousing Guidelines. Date: ��;l,�t��1,lar �; , 2003 0 Applicant's Counsel: Mark B. 1617izson, tsquire B.B.O. ,#252760 Donald F. Berenstein, Es LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Street Andover, MA 01810 (978) 475-4488 B.B.O.#566810 E:\New-Docs\Forest Glen Dev, Inc\02-308 Forest Street Comp Permit\FOREST ST-Application-Comp.Permit, parcel 7 Ldoc SCHEDULE OF EXHIBITS TO APPLICATION FOR COMPREHENSIVE PERMIT EXHIBIT A Preliminary Site Development Plan EXHIBIT B Preliminary, scaled, architectural drawings, including typical floor plans and elevations EXHIBIT C Table of proposed building type, size (number of bedrooms and floor area), ground coverage and a summary of total building coverage, parking and paved area coverage and total open space area EXHIBIT D Massachusetts Housing and Finance Agency ("MassHousing") Preliminary Project Eligibility and Site Approval Letter EXHIBIT E Purchase and Sale Agreement, Addendum to Purchase and Sale Agreement, and Extension of Time for Performance Agreement EXHIBIT F Letter of Authorization from Owner F:\New-Docs\Forest Glen Dev, M602-308 Forest Street Comp Permit\FOREST ST -Schedule of Exhibits.doc A A z 0 O � A 0 4 -n qN zOmNA zm_4 o b,AOm7- E mA� o A m p e z 3rn(P D m cf) _u r A z PROJECT TITLE: DATE: DRAWN BY: = FOREST STREET CONDOMINIUMS 8 °z °2 BERNARD 0 SCALE: CHECHED BY: GERARD E. WELCH, INC. P.O. BOX 246 NORTH ANDOVER, MA. 01861 TEL.» (918) 942-'1885 6I� GERARD E. WELCH , INC. P.O. BOX 248 NORTH ANDOVER, MA. OISbI TEL." (918) 942-1885 PROJECT TITLE: DATE. DRAWN BY: FOREST STREET CONDOMINIUMS S -02-02 BERNARD SCALE: CHECHED BY: GERARD E. WELCH , INC. P.O. BOX 248 NORTH ANDOVER, MA. OISbI TEL." (918) 942-1885 Ela PROJECT TITLE: DRAWN BY: FOREST STREET CONDOMINIUMS ]]DATE; °i BERNARD E: CHECHED BY: GERARD E. WELCH, INC. P.O. BOX 246 NORTH ANDOVER, MA. 01861 TF -L.0 (-al8) 94221885 aMR- m PROJECT TITLE: DATE; DRAWN BY; FOREST STREET CONDOMINIUMS a - 02 - 02 BERNARD SCALE: CHECHED BY; Z GERARD E. WELCH, INC. P.O. BOX 248 NORTH ANDOVER, MA. 01861 TEL.0 (1318) 942-1885 <� I J� k z 34' A MTFII --- ---- --rd f ml 'N z 7C m El RUIT---- 6 ---------- r 7 -- ---- iji z 7K -T, r z r )> PROJECT TITLE: DATE; DRAWN BY; FOREST STREET CONDOMINIUMS a - 02 - 02 BERNARD SCALE: CHECHED BY; Z GERARD E. WELCH, INC. P.O. BOX 248 NORTH ANDOVER, MA. 01861 TEL.0 (1318) 942-1885 <� I W 2'd° 4S' 4'b`-- ------ --- ---- 1> 3 3W ul U3 IT! '--T ------------------ ------------- w m Wm (P O--- --- z u . 4, 2W --------------------- ------- r C) ------------------- O -- — -------- r m - IF- -------------- m < Am m m 6 z U) > 1p m -------- (p 71 Id` 4'S' PROJECT TITLE: DATE: DRAWN BY: FOREST STREET CONDOMINIUMS a - 02 - 02 BERNARD 5CAM CHrCHED BY: O GERARD E. WELCH , INC, P.C. 50X 248 NORTW ANDOVER, MA. 01brol TEL* ('318) 942-1885 I -- --------------- - ------- -------------- -------------------------- -------- ---------------------------- :DN. DROP FDN. -- DN.. Q�A ° 7 e �� D O jsg ------------ --------- - ---- ---------- --------------------- ------------ ------------------------------ 1> ---------------------------- ----- ------------- ----- ------------------ --- ----- --- ---- --------- ------------------- -------------- ------------ A1> --------------------- ---- ------------ ---------------------------------- ----------------------- - - EM --------------- ----------- ------ - 3W pb ------------- - ---------- -- ----------- ----- ----- - — ----------------------- - ------- ---- DROP FDN. DROF DROPC.N. —40DG� PROJECT TITLE, DATE: D, IWN BY: FOREST -STREET CONDOMINIUMS 8-02-02 B HARP SCALE: ED 15y; O GERARD E. WELCH , INC. P,O, 50X 248 NORTH ANDOVER, MA, 01861 TEL,# ('315) '342-7555 DRJP :DN. DROP FDN. ° e �� D O jsg DROP FDN. DROF DROP G' CONC. OPNG. 0 Z m z�� T MNo D Ll\\/,-PRO.PCSED ARBORVITAE$ $' O.0 \D RIVE � I i Parcel 39 (Lot A) Forest Street Table of Proposed Development Number of Buildings - Number of Units - Bedrooms per Unit - End unit floor area (units 1 & 4) Middle unit floor area (units 2 & 3) Total Lot Area Total Building Coverage Paved and Other Covered Areas Total Open Space 4 2 1,465 s.f. 1,461 s.f. 43,146 s.f. 4,460 s.f. 5,000 s.f. 33,686 s.f. (78%) I Massactu xtb Iming iinan6: Agency One Beacon 5( L Boston. MA 02108 Tit; 617164.1 FAX, G17,854,1029 Tw,617.854.10 wwwmasshou�ing",On, December 1, 2002 =2,-4dGE.JDcvelopment, lch, President tle Inc. 136 Middlx Street North Ander, MA 01845 Re: Forist Glen Condominia n 1, North Andover Eligibility (Site Approval) Application Dear Mr. : n V... W_ This lettete response to your application for a determination of Project. Eligibility (Site Approval) pursuant tsachusetts Oeneral Laws Chapter 4013 and 760 CMR 30.31 (#hc "Comprehensive Permit Rules')he Housing Starts program (the "Progra&) of the Massachusetts lJousing Finance Agency Housing"). The proposal is to build 4 condominium units (tire "Project") on approximacre of laud ozx Pa=j 39 (Lot A) Forest Street, North Andover (the "Site"). The land is currentlveloped and located in a residential neighborhood.: This letterended to be a written determination oi' Project Eligibility (Site Approval),in accordance with the Cheusive Permit Rules, establishing fundability by a subsidizing agency under a low and moderate -e housing subsidy program. MassHous' g staff has performed an on-site inspection of the Site and reviewed the pertinent informatio submitted by the applicant for the Project in accordance with the Comprehensive Permit Rules. As result of our review, we have made the following findings: (1) the proposed housing design is generalI appropriate for tie Site; (2) the proposed Project appears financially feasible within the housing lcet in which it will be situated based on comparable sales figures; (3) an initial pro forma has been r iewed and the Project appears financially feasible on the basis' of estimated development costs; acid 4) the developer meets the general eligibility standards of the Program. in addition, it appears the applicant will be -eligible to form an entity or use an existing entity to act as a limited dividend . . tion in connection with an application fpr MassHousing financing and a Comprebi ive Permit under the Program. rarer- 0-.S Page 2 Forest Ul Condominium 1, North Andover PE -57 Staff hastbJect deteranined that the Project appears generally eligible under the requirements of the Program, to final review of eligibility and to final approval. These requirements include the following: L. Thq developer most offer a. minimum of 25% of the waits as affordably priced housing units ling families'with a gross annual income of 809/6 of the area median income to qualify to puilhase. the omit under .generally accepted mortgage loan underwriting standards. .1 roost resent income limits as published by the U.S. Department of Housing and Urban De4elopment M) indicate that 80% of the current median family income for North Andover is3,920. 2. Th affordable units will be governed by a Deed Rider ensuring the units remain affordable to buyers, for a minimum of 30 years. 3. Th developer must be a limited dividend organization and agree to limit the 'profit on the de lopment to not more than 2Wo of the project's total development costs. 4. Th developer must enter into a Regulatory Agreement with MassHousing and the Town of No Andover stating specific requirements that must be met to comply with the Co prehensive Permit Rules. develo er musk comply with MauHousing's .Acquisition Value Policy, which is attached as .bit "A". The -follor ng issues should -be addressed and fully explored in the public hearing process: 1.ther or not the development will comply with all statutory acid regulatory ;restrictions and . co 'tions relating to protection of drainage, wetlands, vernal pools and wildlife habitats and n by conservation. areas, if applicable to this Site, eAcept to the extent waived by the 2, cher or not the. development will comply with Title V regulations regarding the design and ' co coon of individual welts, septic systems and wastewater treatment plants if applicable to thi Site, except to the, event waived pursuant to Title V. . ' er or not there is adequate parking provided for the dwell<n ?�uaa� gi^vcn sloe absence of on- s parldng on Forest Street This appro -al is expressly limited to the development of no more than 4 homeownership units under the Program, `th not less than l of such units designated as affordable homeownership units for low and moderate come persons or families under the terms of the Program. It is not a ' cornmitment or guarantee f MmHousin8's financing and does not constitute a site plan or building design approval. Page 3 Forest G1 Condomidum I, North Andover PB -57 Should yo consider the construction of additional units, you will be required to submit a new Project Eligibility ate Approval) application for review by MassHousing. This aappro al will be effective for a period of two years from the date of this letter. Should construction not comm ce within this 'period or should the effective period of this letter not be extended in writing by Mass I ing, it shall be wasidereii to have expired and no longer be in effect in addition, we are requiring t JNlassl®us:ing be notified at the following times throughout this two year period: (1) when the applic t applies to the local Z,BA for a comprehensive permit, (2) when the ZBA issues a decision, and if appl le, (3) when any appeals ate filed, If you haviany. questioris concerning this letter, please contact Richard Herlihy at 617-854-1335. Sincerely, Thomas R Executive CC:1V1 Jane Wallis Gumble, Director, DHCD Ro emary Smedile, Chairperson— North Andover Board of Selectmen Page 4 Forest GI e ondorninium 1,.North Andover PE -57 Exbibit "A" V F i'9VG L1:J The maxim permissible acquisition value which can be included in the Development Budget for a ConstructIt Loan application will be limited to the lesser of a. the "as is' . appraised market value of the land and improvemouts, as estimated by the M Housing Dome Ownership JDepament at the time of loan commitment, and subject to co tion by an iMassl'ousing-commissioned independent appraisal prior to loan closing; or b, theurchase price of the land and improvements in the last arms length transaction, if any, Min the last three years, plus (i) reasonable and verifiable costs of property improvements ma me subsequent to the above acquisition and/or (ii) reasozunbie and verifiable carrying costs rel to the .land and improvements, such as interes0axes and insurance. Speew Re#trdc&nSf0r C'omprehetasive Perntit J)LWPoprnertts In addition to the above -noted acquisition policy, developments which have received a comprehensive permit wil be subject to the fallowing restriction: nomic benefits of the comprehensive permit shall accrue to the development and shall be used to substantiate an acquisition cost that is unreasonably greater than the ent appraised fair market value under existing zoning without a comprehensive Cit in, place. This restri tion will be applied re' gardless of ownership transfers which migiat take place during the developm4at process. STANDARD FORIO PURCHASE AND SALE AnREE EN1T This 251 r, day of February tg q9 - 1: PARTIES eLM/.6/�mn (fll in) dcrecoTrrcaesc ee n the e nll.nw crus). u/r1/1 n1. nnl< 5 Page 136 hereinafter celled the SELLER, agrees to SELL and GcrLi10 1!, Welch, Inc. 2. Df:SCmPTJON (fill in and include tirits rafeednGe) 3, EUILCIINGS, ST R UCTU A E5, IMPFiOVEMENTE, FIXTURES Mill in or delete) #. TITI-E DEED )fill in) "include here by specific reference any rastric• tions, ttasements, rights and abligadons in perryr wells not includsd in (h), laases, munlcipal and other liens, other encum- broncos, and make pro- vision to prorrtcr S'ELL�FR against AUym's breach of S,ffLtER'S covenants in leases, where necesxaryr, 5, PIANS b. REGISTf:REp TITLE 7. PURCHASE PRICE (fiU in); space is ,V/lowed to write out the amounts W desired ')provide for pay- marit by eerriflad or Bank's Check Wceptab/a to the SELLER, If rt quired) cpPvrtlGHY C j97H, lEl04 GReATSR 1305TON flCAL ESTATE soARn herainaftar called the BUYER or PURCHASER, sgreas to BUY, upon thr terms htfeir,'artcF jet forth, the following described premises. Map 1,05D, Parcel ,39; Forest. S1.rPP'I, t�c,rt:h Aticiover, MA Size npproximately 1.04 acres tYtMt��rw�sarru»-NYr� ,, . .� r• -. _. _ . and the fluturerrgi ri 5ELLEfl end used in eanneetion therewith includln venetian windows andI mngs, shutters, furr aces, blinds, wlndnw shades, sere®ns, iota a urtenant Thereto, ho: water heaters, heating equipment stoves, Yangas, oii and gas b e Television heaters, plumbing and bathroam fixtures ! n other lighting fixtures, antennas, fences, ®ares, trees br+� , "ants, and, if built in, air conditinning equipment, ventilators, disposers, des s inq machines and driers; and ma rleel able Said pramises are to be conveyed by a good and sufficient Clee'r record and deed running to the {BUYER, or to the nominee designated by rho BUYER by written natica to the SELLER at least seven dayx before the dead is to be delivered as herein provided, and said deed shall convey a good and clear record and Marketable title thereto, free from encumbrances, except Jai Provisions of existing building and zoning laws; jb► Existing rights and obligations in party walls which are not the subject of wrltZen egraement; (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed; (d) Any liens for municipal ktatterrnents assessed after eh® date of this agreement; la) . If said deed refers t❑ a plan necessary To b® recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or regl5tratian. e In form icient 10 In additi a To The BUYER to ®a iCertificate tol0 TO f Title said ofpromises premises,registered, and the IF41LER shall deliver with said deed all ins the 9 all instruments, If any, necessary to enable the BUYER to obtain such Certificate of Title• The agreed purchase price for said premises is One Hundred Th1r1-y—Five Thousand 0 dollars, of which no/1Q q8 0 pal With the offer 2. goo, 00 have been paid as a depasit this day and 5 1,i2,bOQ.OQ are to be paid at the time of delivery of the deed In cash, or by certified, cashier's, treasurer's or bank check. 5 X1.15 , 000.00 TOTAL All rlgnhs ralarvua. Thla form may not Pr copied or r*Pro-ua in Wholc or In part In enY m4r,nar wnitsaQvar wloout the prior em prell written Centum al th>r Gruatur Walton Rout latent Baha. ' l 6.. 711vi6 FC) F1 Suzn Ueud 1s t., 1111 0 11u iWLt qt two G G1061. I . m. on the 161.h tray of PERpofn��NC;F tg a,,14 Cnsex North Registry of Deena DELIVE8Y OF April 99 Geri)1fill h); I?cgintr'r cf aoratd upon In writ,ng. It is agreed that tuna is of tha essence of this agreement. , 8. POSSESSION and erss�rsrt�f�a9d CONDITION of delivared a �He d®livery of the d®ed, said pr®miser to bs than la tW-9��t'honditlon as they PREMISES. now ata, reasonabta use a tnertroi exseptod and at"tr� iA anon of said building and zoning inrrach a list of laws, anti icl in rnmr+lianCa with t _p any instrument referred to in clause 4 hereof. The oxceprions, if any) 9UYE� sha'�` to the delivary of the deed in order to j0, EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver pnss®ssion of the premises, PERFECT" TITLE all as herein stipulated, or if at the tiro® of the delivery of the dead the pramises do not conform with the OR MAKE provisions hereof, then any payments made under this agreement shall be refunded bnd ell other obligations PREMISES of the parties hereto shall cease and this agreement shall be void and without recourse to the parties hareto, CONFORM unless iha SELLER erects to use reasonable affortt to remove arty detests in tide, or to deliver possession as (Chan,pe period of provided h2rein, or td matte the said premises conform to the provislons hereof, as the case may be, in time if desired), which event the SELLER shali give written notice thereof to the ®OYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty days. 11. FAll-URE TO if at the expiration of the extended time the SELLER shall have failed so to rer'n®ve any defects in title, PERFECT TITLE deliver possession, or melte the premises confo`rr'v, as the case may be, all as hereln agreed, or if at any time OR MAKE during the period of this aareement or any extension thereof, the holder of a mortgage on said prerni5as PREMISES shall refuse to permit the insurance proceeds, if any, to he used for such purposes, than, at the BUYBR'S CONFORM atc, option, any payments made under this urtreement shall bo forthwith refunded and all other obligations of all parties hereto shall cease and this agreement sflell W vnid without recnursa to the parties hereto. 17 BUYER'S The BUYIEN shall have the election, at either tha original or any extended time for performance, to accept ELECTION TO such title as the SELLER can deliver to the saic premises in their then condition and to pay therefor the ACCEPT TITLE purchase price without deduction, in which case the SELLER shall convey such title, except that inn the avant of such conveyance in accord with the provisions of this clause, i4ae+s da�a®Pd-l�flr�..ar�ar4taal�--itte�grsi�e�;-tf�w-�i�a�Et•-!�€#s®J�-�le�s�k�-��L-<��tee�fy -�--�u�ra+�he�r$rrafeassa�tbalw#er�m�a�,t�iti��t-fab®r t�F;-�t#4-etrt�r�cavare�-e��eeevve+=e la}t'wsyttt##tkJ4; rsrrdetf'ti accau ch insurance, less any arnl)unts reasonably expended by the SEL65 partial restoration, or a tnsuranct: procAods or a part thereof Ib) if a holder of a mortgage o +si ratnisus shall not wm tta be used to restore the said prerttts orrner condition or to be so paid over or assigned, give to the BUYER a craciltthe pure �ce, on dalivery of the deed, equal to said amounts sgyle,a W or recoverable and retained by t r of the said mettle®e Tess any j0, ,gf;CEPTAfUGb The acoeptance of a deed by the BUY5R -or his nQMinae a5 rile tF15e may �1e, shall be deemed Ca be a full discharge of ivory agreement and obligation herein contained or expressed, except such as OF OBEp performance and are, by the termis hereof, to be perforated after the delivery of said deed. OF the leetti u®lt f delivery To enable the SELLER to make conveyance as herein provided, the SELLER may, at the title of any s or 1�. USB pUFi�lF of the deed, use the purchase money or any portion thereof to clear that all instruments so procured are recorded ' ei► d MONSy TO CLEARTiTLE interests, provided , witbi-n the cu9j,.omery Lime fit' cln�ings in the Merrimack Valley INSURANCE Until the delivery of the deed, the SELLER shall maintain insurance an laid premises as follows. 15, `in,sarr amount Amount of Coverage Type of insurance None (list additional S iro typos of insurance and amounts as obi Extended coverage agreed) Icl 16. ASSIGNMENT OF IN9IJRANCE �et �d � i a Insurance catrl- time for a tT�e1_i to dead, and unless prevented from doing so( Ilt insurance and deliver binders therefor In i'de/ere entlre clause 5E hs}}-es51 suc pany(a) involved to issue Thea >3 tI11j ce of this agreement. In the event of refusal by the if Insurance it oar propt r farm to th true or Ice thereof to the BUYBf� et hast two the SELLER s a �i-a� to be assipnedl ompanylsl to issue the same, 17' ADJUSTMENTS hist apurarinp ex. rv+�a; -ue dk � $p at -R a ca +d Y.+ ri �i4rt ert ss± t is�+r�ei�k pense?s, if any. or 4ftd4u ., for the then current year, shall be appomoned and fuel value shall pe "justed, as of tha day cf attuch schedule) performance of this agreement and the net amount thereof shall beadded to or deducted from, as the case may be. the purchase price payable lay the BUYER at the lima of delivery of the deed, Uncollected rants for the current rental period shall be apportioned if and when collacted by either party, 18. ADJUSTMENT If the Mount of said tacos is not known at the tirfte of the delivery of the deed, they shall be apportioned OF UNASSIiSSEp on the basis of the taxes assessed for the preceding year, With a reapportionment as soon as the new tax rate AND and valuation can be ascertained; and, if the taxes which are to be aoportioned shall thereafter ba reduced ABATED TAX[ 5 by abatement, the amount of such abatemant, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that naither party shall be obligated to institute or prosecute procaedings for in abaterrtant unless herein otherwise agreed. 19, BROKER'S FEi�r er5�i f (fill in far with 1a dfso�+tr�Lfl t� w dollar amount or pareenfape; ii/so name of 8roker(s) ) made a a'pt�a� the BUYER, said 9rnker(s) shall. a ����r,�tri�tr"Yi'd'"rtitt a SELLR{g on amount equal tta onehalf the an amount equal to the ICY❑leer's far for profession®I cervices t IS contract, whit{1a Ver j5 t 2o. B fiO K E R (51 kis- f 3f�0�{r� RaiN�4f f;0Feir aBa l t s. WARflANTY -warfat�t4€l�hat-fxa..l��e'tWc-tares+�Jtoa�be�s-�sae�re-�arrww�it�w� (flil ill nama) Eller her'ef o warra nl.:; J.0 Sell r Thal they }� vP nit use �rolcer . and V 0 will indemnify SP1.'�er fnr qtly Cast, r�g�rtiip roksxi" .0 ��l't� rr��YiePl SulrvYve 21. DEPOSIT All deposits mads her®under shall be hel� by tlte� (� 1t� terms of his a reerrirm and shall be duly accuurl �A T � d�� tl ❑r r fbYr enc® of this (fill in, or dble:ra su6lact to the 1; A r�fera,7ce r❑ agreement, provided however that in the event of any disagreement a1 may retain said deposits br®led°(6) Ifpending instruction4 mutually given by xhe SELLER and the BUYER. +L Ccisq.ingham Law Office SELL 611 holds dopasir) 22, SUYF_FE'S It the EUYER shall fail to fulfill the pU`lER'5 agreements herein, all dAPosin made hvreundar by the T' ULT; EUYER shall Iia retained Eay the SELLER es liquidated damage' unless within thirty days after the time for DEFAULT; performarice rif this agreement or any exiensi❑n hareof, the SELLER atherwisa notifies the BUYER in writing., `fisa•-91��c�R-�Br�aa-buyer#�l�e-iL-L�-R�1�eya�t4a4�v-vat-ys~�el��l-p�f�'�`e�u�s�ez.:d ..., :��Flijpofl 23, SAFE F rice of $ and the SELLkii agree, s t�„>feliun =mfg PERSONAL Ilst � � rovisinns of fsl�C]Pi;RTY delivery of the tear nder, a warranty bill of sal �yment at sold price. the p (rill in and attach this clause shall constitute a ate and apart from the previsions herein container) with (lel tin and a respect to , an any breac s and conditions of this clause shall have no effect; on onrire clause) cautbiasa its 31 i reexwe +rri�►� wee[ e� a t# as se-�tafefay-� t 24, 1iELfcASE BY HUSBAND OR PtBktxr�tAd +a%Bsu63tWtr �d F ar tte0a; WIFE �. 28, 0fi 01> h R ! S ��f a+yted tereitt; 1�4P�1�1- in #tts�agt rrset -ars �rttl py�o �,���ii Y1S'anV amen meets or modifications of PARTY provlslons oft Is �� � ' 26. LIA61L17Y OF If the SEIi-ES or BUYER euecules this agreement in a representative or fiduciary capacity, only the TRUSTEE, principal or the estate represented shall he bound, and neither the $B� LEflobligation, xpress orYER 5Q jlrnpliedr SHAREI-100ER, any sharahoidur or beneficiary of any trust, shall be personally liable for any BENEFICIARY, etc, hereunder, 27. WARRANTIES hear lBUYER acknoledges ed upon anyWwarrrantiest l❑rrep esen4 t oas nothas not een set fortheor ncorporatedtintis this a reamion ent oorrpreS SANDEN REPRE SENTATIQN� viously made In writing, accept for the )allowing additional warranties and represamatinns, if any, made by (fill in): if none, either the SELLER or the ©rokerls); sorra, "nano"; it any listed, indicate by wham each war• ranry or represap- 0rian was made 38. CONSTRUCTION Trill instrumont, executed in tripliratea — -- -- Is to he construed as a f 4swchusavu contram, Ib OF AONEbMENT to take effect as a sealed instrument, sofa forth Xhe entire rontract patwevn the perfles, is bindinu upon and °delerp"triplicarp" enures to the benefit of the parties hereto and their respective heirs, devises, executors, adrninistiatars, andsub.stiturie successors aril assigns, and may ha cancelled, reified or omended nniv by a writlPn nv9o,lm«rYl avNrllvNrI "quadruplicar:" by both the SSLLEff and the BUYER. If two or more persons are nursed liarcir, as BUYER thoir dblipa• itrequirorL flans hereunder shall be joint and several, Ths captions and marginal n�taz ale c^Ir r• e mn::rr of convenience and are not to ba considered a part of this rrgreemmm nr to r,;.6 N-w,"`�n"r ^n Th, r�Pant p. the parties to it, 29. LEAD PAINT The partial acknowledge that, under Massachusetts law, whenerer a rh l; or LAW resides in any rasidantial premises in which any paint, plaster or othei exEss.la;r nI r., I.: a,-W_l ous levels of lead, the owner of said premises must remove or cover saic it n. a .•r c»nar rnetPrfai so as to make it inaccessible to children under six years of age. 30. ADDITIONAL The initialed riders, if any, attached hereto, are incorporated herein by referents. PROVISI❑IJS SELLER for ipouse) 1411 SkLLER L . SUYFA Sroker(al EXTENSION The time for the performance of the foregoing aureernant 118auendi�e still) being of the essence ®f this agreement as extended. In the day of .-----_— all ❑cher rcaparul this a lmement is hereby ratified and confirmed, is Intended to take effect as a sealed Instrument. This eutension, executed in triplicate, _ SELL. R for spausei BUYER SELLER BUYER ®rokerls) ADDENDUM TO PURCHASE RCHAS1E AND SALE AGREE M>ENT BUYERS: Gerard E. Welch, Inc. SELLERS: Linda M. Ermo, Trustee of the Pine Hollow Trust u/d/t Dated: April 6, 1992, Recorded at Book 3531, Page 136 PROPERTY: Lot #39 Forest Street, North Andover, MA DATE: February 25, 1999 3 l . At the time of delivery of the deed hereunder SELLER shall, as a condition of BUYER's performance, deliver to BUYER: A) A standard Title Insurance Affidavit and Indemnity Agreement in the form satisfactory to BUYER and BUYER's title insurance company; B) A standard'Non-foreign Affidavit in accordance with Section 1445 of the Internal Revenue Code of 1954, as amended; C) A standard Internal Revenue Code Reporting Form 1099-5; and D) All certificates, documents and agreements in the form satisfactory to BUYER's representative, which are reasonable and customary for this type of transaction. 32. BUYER's performance hereunder is conditioned upon title to the Premises being insurable at standard rates on a standard ALTA form B insurance policy by companies licensed to do business in the Commonwealth of Massachusetts without exception for any matters not expressly permitted hereunder, or permitted by Standard Conveyance Practices of the Massachusetts Conveyancers Association. 33. It is understood and agreed by the parties that the Premises shall not be in conformity with the title provisions of this Agreement unless: (a) No building, structure or improvement of any kind belonging to any other person or entity shall encroach upon or under said Premises; and (b) The Premises shall abut a public way, duly laid out or accepted as such by the Town in which said Premises are located, or have indefeasible legal access to same. 34. SELLER shall pay and discharge within the time customary within the Merrimack Valley, any assessment or taxing authority which affects or is a lien upon the premises which are of record or assessed prior to the date of this agreement; this applies to but is not limited to assessments as to which an installment method of payment was previously elected. The SELLERS represent that to the best of their knowledge there are no assessments pending. This provision shall survive the delivery of the deed. 35. All notices required hereunder shall be deemed to have been duly given when in writing and delivered or mailed by registered or certified mail, postage prepaid, return receipt requested, addressed to the SELLER or to the BUYER, as the case may be, and sent to their respective attorneys: if to BUYER: Mark B. Johnson, Esquire 12 Chestnut Street: Andover, MA 01810 if to SELLER: Cossingham Law Office 800 Turnpike Street North Andover, MA 01845 36. BUYERS and SELLERS agree that in the event it becomes impracticable for BUYERS' mortgagee's attorney to perform a final title examination and record the documents on the date set for closing, all closing documents and fiends shall be deemed held in escrow through the following business day, to permit the BUYERS or their mortgagee time to perform a final title examination and record the deed and other relevant documents, and such delay shall not be deemed a default by the BUYERS hereunder. 37. BUYER and SELLER agree that, to the extent applicable, matters relative to the title and closing shall be governed by the Massachusetts Conveyancers Association Title and Practice Standards. 38. Access- BUYER, BUYER's agents shall have the right of access, upon 24 hours notice and during reasonable hours, to enter on said premises for the purpose of all reasonable inspections, including but not limited to appraisals, percing of land and other inspections testing which BUYER may require. 39. If any errors or omissions are found to have occurred in any calculations or figures used in the settlement statement or other closing documents signed by the parties (or would have been included if not for any such error or omission) and notice thereof is given within two months of the Closing to the party to be charged, then such party agrees to make a payment to correct the error or omission. The parties hereto also agree to execute and deliver to the requesting party whatever additional documents or amendments to existing documents are reasonably required to effectuate the sale and purchase under this Agreement provided such additional documents or amendments are prepared by the requesting party, and do not in any way adversely affect, or otherwise enlarge the liability of, any of the parties relative to said sale and purchase. This provision shall survive delivery of the deed. 40. This Agreement shall not be binding upon BUYER and no fiends held as a deposit hereunder shall be negotiated until BUYER has received a copy of the Agreement filly executed by BUYER. For the purposes of this provision, facsimile transmission of the executed P&S and this Rider to either party and/or their attorney shall suffice. 41. This Agreement is contingent upon the results of perc and deep hold tests to be performed at the premises by the BUYER or BUYER's agent at BUYERS sole expense. If BUYER intends to terminate this Agreement based upon unsatisfactory results of such testing BUYER will provide SELLER with written notice and a copy of the relevant portion of such results. Agreement is further contingent upon BUYER's ability to obtain the required Permits to construct a single family home on the premises. BUYER shall make good faith efforts to obtain all such permits in a timely manner so as to allow all appeal periods to ln�ve expired prior to the date of closing. However, in the event BUYER has been unable to obtain all such permits and/or all appeal period have not expired without appeal having beeri taken, at BUYER's option, the closing date may be extended for up to sixty (50) days to allow BUYER to obtain all such Permits and/or to allow all appeal periods to expire and/or to allow BUYER to resolve any appeal that has been filed. 42. The monies to be paid at closing shall be in the form of certified check or attorney IOLTA escrow check, provided any such IOLTA check is drawn on a Massachusetts Bank 43. SELLER grants to BUYER access to the subject premises to conduct pere and deep hole tests. SELLER makes no warranty or condition regarding the condition of the land. BUYER and its agents enter upon the premises at their own risk. BUYER shall maintain proper insurance coverage while on the premises. In the event that this transaction does not close for any reason, then SELLER shall restore the premises to their condition prior to the conducting of said tests. 44. All costs regarding the tests and application for permits shall be borne by BUYER. 45. Tile Trustee executes this document and the Purchase and Sale Agreement in her fiduciary representative capacity only. BUYER shall look only to the assets of the subject Trust to fulfill the obligations of SELLERunder this offer and the Purchase and Sale Agreement. 46. In the event that BUYER installs water service to the subject street then BUYER shall also provide connection to SELLER's residence at BUYER's expense. 47. In order to help finance the acquisition of said premises, the BUYER shall apply for a conventional bank or other institutional mortgage loan of $ 94,500.00 at prevailing rates, terms and conditions. if despite the BUYERS diligent efforts a commitment for such loan cannot be obtained on or before April 2, 1999 the BUYER may terminate this agreement by written notice to the SELLER and/or Broker(s), as agent(s) for the SELLER, prior to the expiration of such time whereupon any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto. Diligent efforts satisfied by application to one lender. Commitment to be in writing and contain no contingencies beyond the Buyer's control. BUYERS: Gerard E. Welch, Inc. M SELLERS: Pine Hollow Trust 3y: -ard E. Welch' :r By: Linda M. Ermo, Trustee F:\NEW-DOCS\WLLCl 1\LRM0\buv-add2.doc EXTENSION OF TIME FOR PERFORMANCE - SELLER: Linda M. Emro, Trustee of Pine Hollow Trust u/d/t dated 4/6/92 recorded at Book 3531, Page 136 BUYER: Gerard E. Welch, Inc. PROPERTY: Lot on Forest Street, North Andover, Massachusetts DATE: August 2, 2002 The aforementioned parties to that certain Purchase and Sale Agreement between them regarding the Property, dated February 25, 1999, as affected by certain prior Extensions of Time For Performance, the most recent dated January 10, 2002 , agree that the date for closing on the above -captioned premises is hereby extended until January 10, 2003. Further provided, however, that at Buyers sole and unilateral option, which option shall be exercised by written notice to seller at or before 5:00 p.m. on January 10, 2003, the closing date may be extended up to a date no later than January 10, 2004, if any appeal has been filed concerning a permit approval sought by Buyer for the subject premises. The obligations of Buyer in prior extensions, including but not limited to providing barrier and water, shall remain in full force and effect. Buyer's financing contingency is extended until 30 days prior to closing. Buyer's date to submit on complete mortgage loan application is extended until 60 days prior to closing. Buyer intends to seek permits and approvals for the development of the subject premises as a 4, 2 -bedroom unit, residential condominium, including, without limitation, a Comprehensive Permit pursuant to M.G.L. c. 40B. Buyer's obligations shall be contingent on the issuance of all permits and approvals necessary or desirable for said development and the expiration of all applicable appeal periods, without appeal being taken. Provided the Buyer purchases the Property and the sale is completed according to the Purchase and Sale Agreement, Buyer shall pave, in good and workmanlike manner, (including appropriate base), Seller's driveway at her home at 781 Forest Street and install a water filtration system in said home, during the course of Buyer's development of the Property that is the subject of the Purchase and Sale Agreement. The specifications regarding water system are attached hereto and incorporated hereby All other provisions of the Agreement shall remain in full force and effect, as amended hereby. This extension executed by the parties or their respective Counsel, is intended to take effect as a sealed instrument, this 2 day of August, 2002. Buyer: By: Gdrarn. Welch Its: President & Treasurer m Seller: .' , /fpr i.. ✓'�s�,d J �" ✓/:%ll�; �i���, �, �... Linda M. Emro, Trustee LE'T'TER OF AUTHORIZATION I, Linda M. Emro, Trustee of Pine Hollow Trust, as owner of the premises located .at Lot Parcel 39, Lot A, Forest Street, North Andover, Massachusetts, do hereby authorize Forest Glen Development, Inc. to file and pursue an application for comprehensive permit under M.G.L. Chapter 40B Sections 20-23, for the purpose of obtaining authorization to construct townhouse/condominium on said subject premises. This authorization includes all acts necessary to file, pursue, present, and otherwise represent such application. A copy of this authorization shall be effective as an original. Signed: Pine Hollow Trust By: Linda M. Emro, Trustee Residential Address: 781 Forest Street, North Andover, MA Subject Premises: Lot Parcel 39, Lot A, Forest Street, North Andover, MA FEB -19-2003 WED 12:17 PM MARKJOHNSON FAX NO, 9784756703 LAW OFFICE Or MARK B. JOHNSON 12 Cllesm it Street Anilover, Massuclimetts 01810.3706 (978) 475-1188 Tclaopiur: (978) 475.6703 MART: 11 .101INSUN (NIA, NI 1, DV) LINDA A. b'(:UNNlill, (MA, NII, Rl) DONALD F 110111.NiII-IN (MA,A•its) MICHAt;1 (i. FURIDNO, (MA) SPAUNA F. McCAR 111Y. J.D. l'ebruary 19, 2003 11a Facsimile Burl First Class blail Town ofNorth Andover Zoning Boird of Appeals ATTN: Mitch Glenuan . 27 Chanes Street North Andover, MA 01815 RE: Contprcircnsivr Permit Applications 39 Forest Slreel, North Andover, MA - Map 105D 71 Forest Streat, North Andover, MA - Map 1050 Applicant: Forest Glen Development, Inc. Dear Mitch: P. 02/04 i';n;tic�h KATHRYN M. M010N UANNi: CRIS I'A1.1)l JUAN 11. DUH; H nclosed please find Amendcd Application page for each of the above -ref -cnced matters. As we discussed, the sole amendment to these applications will correct a typographical error tet Section 2(b) of application page; 5 of 8 changing the fi'omage of the affected property from the: Nst side to the West side of forest Street. Please accept this ictler and the two enclosed amended application pages as a fonlial amendment to the aphlietilions Correcting the typographical error as to the orientation of the frontages of the respective properties, Thank you for your assistance and cooperation. Very truly yours, LAW OFFICE 01' MARK B. JOi1NS - -bonald P. Borenstuih— UFBAra Cc; forest Gtcn Developulont, enc. William Macleod E•Vky Doe:V�rte:1 Gl�nl f>t;u, Ia;102•JC9 FMda Spdet Culp Cunnllyldnnsn Q],190� dne LAW OFFICE OF r MARK B. JOHNSON 12 Chestnut Street Andover, Massachusetts 01810-3706 MARK B. JOHNSON (MA, NH, DC) LINDA A. O'CONNELL (MA, NH, RI) DONALD F. BORENSTEIN (MA, ME) MICHAEL G. FURLONG (MA) SHAUNA E. McCARTHY, J.D. Via Hand Delivery Mr. Mark Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Re: Applicant: Location: And Location: Dear Mr. Rees: (978) 475-4488 Telecopier: (978) 475-6703 Paralegals KATHRYN M. MORIN LIANNE CRISTALDI JOAN H. DUFF Co W 2003------------------�`,�—_-------- Forest Glen Development, Inc. Assessors Map 105D, Parcel 71 being 1 acre on Forest Street, North Andover, MA Location:Assessors Map 105D, Parcel 39 being 1 acre on Forest Street, North Andover, MA Enclosed please find a copy of the Massachusetts Housing Financing Agency letters of approval for the eligibility of the above -referenced projects for financing. If you have any questions on the enclosed, please feel free to contact me. Very truly yours, Johnson � S MBJ/sem Enclosures PC: Forest Glen Development, Inc. F yWQ v�dCor�st Glen Dev, Inc102-308 Forest Street Comp.PermitlTown Mgr kr 2-7-03.doc C BO^RD I7"-.P?EALS ,00'MASSHOU Massachusetts Housing Finance Agency One Beacon Street, Boston, MA 02108 C TEL: 617.854. 1000 FAx:617.854.1029 TDD:617.854.1025 I www.masshousing.com SN ANCON OfF1C�Of �O�qy MAN December 9, 2002 DEC 2 2002 Gerald E. Welch, President Forest Glen Development, Inc. Comm unity eeelrpment 136 Middlesex Street and c.rv.es North Andover, MA 01845 Re: Forest Glen Condominium I, North Andover PE -57 Project Eligibility (Site Approval) Application Dear Mr. Welch: G` This letter is in response to your application for a determination of Project Eligibility (Site Approval) pursuant to Massachusetts General Laws Chapter 40B and 760 CMR 30-31 (the "Comprehensive Permit Rules") under the Housing Starts Program (the "Program") of the Massachusetts Housing Finance Agency C MassHousing"). The proposal is to build 4 condominium units (the "Project") on approximately 1 acre of land on Parcel 39 (Lot A) Forest Street, North Andover (the "Site"). The land is currently undeveloped and located in a residential neighborhood. This letter is intended to be a written determination of Project Eligibility (Site Approval) in accordance with the Comprehensive Permit Rules, establishing fundability by a subsidizing agency under a low and moderate -income housing subsidy program. MassHousing staff has performed an on-site inspection of the Site and reviewed the pertinent information submitted by the applicant for the Project in accordance with the Comprehensive Permit Rules. As a result of our review, we have made the following findings: (1) the proposed housing design is generally appropriate for the Site; (2) the proposed Project appears financially feasible within the housing market in which it* will be situated based on comparable sales figures; (3) an initial pro forma has been reviewed and the Project appears financially feasible on the basis of estimated development costs; and (4) the developer meets the general eligibility standards of the Program. In addition, it appears that the applicant will be eligible to form an entity or use an existing entity to act as a limited dividend organization in connection with an application for MassHousing financing and a Comprehensive Permit under the Program. DEC a o Booz � BOARD OF APPEALS Jane Swift, Governor Michael J. Dirrane, Chairman Thomas R. Gleason, Executive Director Jane Wallis Gumble, Vice -Chair I Robert M. Ruzzo, Deputy Director Page 2 Forest Glen Condominium I, North Andover PE -57 Staff has also determined that the Project appears generally eligible under the requirements of the Program, subject to final review of eligibility and to final approval. These requirements include the following: 1. The developer must offer a minimum of 25% of the units as affordably priced housing units enabling families with a gross annual income of 80% of the area median income to qualify to purchase the unit under generally accepted mortgage loan underwriting standards. The most recent income limits as published by the U.S. Department of Housing and Urban Development (HUD) indicate that 80% of the current median family income for North Andover is $53,920. 2. The affordable units will be governed by a Deed Rider ensuring the units remain affordable to future buyers, for a minimum of 30 years. 3. The developer must be a limited dividend organization and agree to limit the profit on the development to not more than 20% of the project's total development costs. 4. The developer must enter into a Regulatory Agreement with MassHousing and the Town of North Andover stating specific requirements that must be met to comply with the Comprehensive Permit Rules. 5. The developer must comply with MassHousing's Acquisition Value Policy, which is attached as Exhibit "A". The following issues should be addressed and fully explored in the public hearing process: 1. Whether or not the development will comply with all statutory and regulatory restrictions and conditions relating to protection of drainage, wetlands, vernal pools and wildlife habitats and nearby conservation areas, if applicable to this Site, except to the extent waived by the municipality. 2. Whether or not the development will comply with Title V regulations regarding the design and construction of individual wells, septic systems and wastewater treatment plants if applicable to this Site, except to the extent waived pursuant to Title V. 3. Whether or not there is adequate parking provided for the dwelling units given the absence of on - street parking on Forest Street This approval is expressly limited to the development of no more than 4 homeownership units under the Program, with not less than 1 of such units designated as affordable homeownership units for low and moderate income persons or families under the terms of the Program. It is not a commitment or guarantee of MassHousing's financing and does not constitute a site plan or building design approval. Page 3 Forest Glen Condominium I, North Andover PE -57 Should you consider the construction of additional units, you will be required to submit a new Project Eligibility (Site Approval) application for review by MassHousing. This approval will be effective for a period of two years from the date of this letter: Should construction not commence within this period or should the effective period of this letter not be extended in writing by MassHousing, it shall be considered to have expired and no longer be in effect. In addition, we are requiring that MassHousing be notified at the following times throughout this two year period: (1) when the applicant applies to the local ZBA for a comprehensive permit, (2) when the ZBA issues a decision, and if applicable, (3) when any appeals are filed. If you have any questions concerning this letter, please contact Richard Herlihy at 617-854-1335. Sincerely, Thomas R. Gleason Executive Director CC: Ms. Jane Wallis Gumble, Director, DHCD Rosemary Smedile, Chairperson— North Andover Board of Selectmen Page 4 Forest Glen Condominium I, North Andover PE -57 Exhibit "A" Acquisition Value Policy The maximum permissible acquisition value which can be included in the Development Budget for a Construction Loan application will be limited to the lesser of a. the "as is" appraised market value of the land and improvements, as estimated by the MassHousing Home Ownership Department at the time of loan commitment, and subject to confirmation by an MassHousing-commissioned independent appraisal prior to loan closing; or b. the purchase price of the land and improvements in the last arm's length transaction, if any, within the last three years, plus (i) reasonable and verifiable costs of property improvements made subsequent to the above acquisition and/or (ii) reasonable and verifiable carrying costs related to the land and improvements, such as interest, taxes and insurance. Special Restrictions for Comprehensive Permit Developments In addition to the above -noted acquisition policy, developments which have received a comprehensive permit will be subject to the following restriction: Economic benefits of the comprehensive permit shall accrue to the development and shall not be used to substantiate an acquisition cost that is unreasonably greater than the current appraised fair market value under existing zoning without a comprehensive permit in place. This restriction will be applied regardless of ownership transfers which might take place during the development process. TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Mark H. Rees �2 �`"- ••'` Town Manager ° . October 18, 2002 Mr. Richard Herlihy, Development Officer`s Massachusetts Housing Finance Agency One Beacon Street Boston, MA 02108 RIs: Project Eligibility Letter — Forest Glen Condominium I — PE -57 Dear Mr. Herlihy: Telephone (978) 688-9510 FAX (978) 688-9556 r�- i fw We are in receipt of your letter dated September 23, 2002 whereas Forest Glen Development is requesting funding from your institution through the Housing Starts program for an 8 unit development on Forest Street in North Andover, Massachusetts. It is important to note we did not receive any documentation on the project, other than the plans received from the applicant, as listed below.- 0 elow: • Plan entitled "Preliminary Site Plan for Comprehensive Permit application, Forest 13len Condominiums, North Andover, Massachusetts", dated March 5, 2002 prepared by Andover Consultants, Inc.; and Plans entitled "Front, Left, Right & Rear Elevation, First Floor Plan, Second Floor Plan & Elevation Plan" prepared by Bernard, dated 1/16/02. Pursuant to your request, below listed please find our comments relative to the proposed project. 1. Adequacy of Proposed Septic S stem: It is unclear if the septic system for each 4 unit building is adequate to accommodate each unit containing 2 bedrooms. The septic system, as proposed, appears to be larger than each 4 unit dwelling. The applicant will need to provide more concise details to the Public Health Director, and the Board of Health, to ensure that the septic system is reviewed and approved in accordance with Title V Regulations. 2. Proposed Parking for Dwelling Units: The plans depict one parking space for each townhouse proposed within the dwelling. It is a major concern that ample parking be provided as Forest Street is a narrow street that will not accommodate on -street parking. As such, it is fairly obvious that a 2 bedroom dwelling unit should contain at least a minimum of two parking spaces per unit. Therefore, we believe the parking spaces should be increased to provide for a realistic amount of parking within the parcels that the dwellings are located on. uu 1 2 zooz D BOARD OF APPEALS P; 3. Water: The plans depict a proposed 12" water line with a proposed hydrant and gate valve for the proposed dwellings. These proposed utilities will need to be reviewed by the Department of Public Works and Fire Department when the applicant provides more detailed information to each of the respective departments to ensure water capacity, flow, etc. 4. Traffic: As stated above, Forest Street is an existing town street that is very narrow. The applicant will need to provide site distance details and criteria. One major area of concern is that prior to approaching Lot C via a right-hand turn, there is a very sharp curve on Forest Street that a motor vehicle will have just driven through. It is important to ensure that adequate site -turning distance is provided for public safety purposes prior to entering Lot C. The above comments essentially summarize the town's concerns at this point of the project. The town has not received any pro -forma information, and again, has essentially only received the bare minimum of information that was provided by the applicant on the submitted plans. However, the town anticipates if the applicant receives funding from your institution that when an official application is filed with the Zoning Board of Appeals, the town will work closely with the applicant to ensure the proper documentation is received to ensure a thorough review on behalf of the town. We thank you for providing us with the opportunity to comment. Sin_ ce�ely, %-�Rosem S ed ary m He Chairperson, North Andover Board of Selectmen cc: Gerard E. Welch, Inc. 130 Middlesex Street North Andover, MA 01845 Heidi Griffin, Community Development Director North Andover Zoning Board of Appeals V/ North Andover Planning Board North Andover Conservation Commission NORTH . .0O; �..ao ;•ti0 IO- T SS�CHUSti NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER- MASSACI-RJSETTS 0184-5 FAX (973) 655-9542 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 1 la' day of January, 2000 at 7:30PM to all parties interested in the appeal of Linda M. Emro, Trustee of Pine Hollow Trust, 781 Forest St., for lot A-1, Forest St. for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 of Table 2, for lot area and street frontage in order to construct a single family dwelling. Said premises affected is land with frontage on the South side of Forest Street 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, MA Monday through Thursday from the hours of 9:OOAM to 1:OOPM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 12/28/99 & 1/4/2000. MUIe alnotice/15 G = cT Yms ,Wz -:S,FO�Om1 Qf,< z .06.062j5 N1m aWo@rSomomcoz2�� OWPaCR art `p�mer t€cm rn�oi 'UN U. LD --S22 mca fA d vi r�cLL� >O caC _•� S2 Q 00= oa mQ^- �.o � � � „y °� m . `0r mt o �' °.. `_° X25 ro W LLm o m� m.:Q a�g,^ ^ m�v='� my m�-Sa :� ca w� BOARD Of APPEALS 685 9541 BUILDINGS 683-9545 CONSERVATION 683-9530 HE:�,LTI-1688 9540 PLANNING 6830535 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER_ MASSACI3USETTS 01&15 FAX (978) 688-9512 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 11''' day of January, 2000 at 7:30PM to all parties interested in the appeal of Linda M. Emro, Trustee of Pine Hollow Trust, 781 Forest St., for lot A-1, Forest St. for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 of Table 2, for lot area and street frontage in order to construct a single family dwelling. Said premises affected is land with frontage on the South side of Forest Street 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, MA Monday through Thursday from the hours of 9:OOAM to 1:OOPM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 12/28/99 & 1/4/2000. .rHMl/legalnotice/15 aoa`0 wQ°��>a2W_°��°-2m z -° °i C3- > C0.2 C C6 U)2 �o mcO�oa�o p°ma.,NyyQC Z2=waaao CrnMaodo�N EU Cr, cu °C,m Ucd njR y LLO'> QOO £N c (1)02OOcCn°cNc°O0vQ«pG_ou'wz --N Oft as n. .0a) FEL owo E Mn N¢W2Uoao �Ec O_Qp com Zo�°—oN°.°C �Z�a)� aia ZLLO o°ooyCCL1f1 ii LL m°a._0o—�2�m°3���'a m1 O mai>. 20E8 F-$cccuF-HQ m o-6 m 2amroto0 32m> 2 ` w� BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 683-9540 PLANNING 6880535 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845�9 o. "o "`4y WILLIAM J. SCOTT 9SS4cHUS Director (978) 688-9531 Fax (978) 688-9542 FAX Transmission TO: /a FAX Number: 972. 7 0 Y — p� �,�' - ��4 F6 FROM: Town of North Andover Zoning Board of Appeals FAX: 978-688-9542 PHONE: 978-688-9541 DATE: SUBJECT: Total number of pages: -3 REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notice department of the Lawrence Eagle -Tribune and it is your responsibility to do so as -soon -as -possible in order to meet the required deadline. Failure to place the legal notice in the paper within the required deadline will mean that you will not be able to be placed on the ZBA agenda for the upcoming meeting. The phone number for the Eagle Tribune is: 978-685-1000, ext. #412, should you require further assistance. Ml/fax BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 RECEIVED JOYCE BRADSHAW TOWN CLERK e� uv -01.11: NORTH ANDOVER 1999 DEC -2 P 2:2b 781 Forest Street Linda M. Emro,, Trustee North Andover, MA 01845 --1C=_ of Pine Hnllnw 1. � �•_ _ _ - � � �- �• �_ _.. ... Forest -- ___ t 43,583 -- - — _ -- - Linda M. Emro, Trustee of Pine Hollow Trust 781 Forest Street, North Andover, MA 01845 2/5/93 - ,, -= Anna M. Gilbert 68 feet wide 32 2 1/2 34 = "Cc Upon approval of variance Residential Wood Frame C - -- overturn decision of Building Inspector or approve a dimensional variance 3657 - 232 See attached addendum to this n "1313WWII] ul The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 150.06 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision upon two (2) separate and independent grounds. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of a valid variance. This Board granted a variance dated May 3, 1990 which was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. Under that variance, six (6) separate lots were legally created, including the subject lot. The Building Inspector declined to honor this variance upon the basis that it was not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variance was in fact properly exercised. The then owner of the lots conveyed variance lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Hayes, 19 Mass. App. Ct. 399, 474 NE2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the variance. Therefore, that variance was properly and irrevocably exercised. The denial of the Building Permit should be overturned. In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a current variance. The premises is unique in the following ways: (i) its size and shape were created by the prior variance, (ii) it is bounded by a public way, the lot created by the prior variance, and two (2) unrelated lots. This configuration prevents expansion of the lot in order to create a conforming lot. Denial of a variance would create a substantial hardship in that it would not allow the use of the lot for purposes in compliance with the zoning ordinance, and would leave the lot with no economically feasible use. Each of these grounds has been found constitute a hardship under the zoning statute. See Cavanaugh v. Diflumera, 9 Mass. App. Ct. 396, 401-402 (1980), Chater v. Board of Appeals of Milton, 348 Mass. 237 (1964). This relief may be granted without derogating from the purpose of the ordinance in that the resulting use will be consistent with both the neighborhood and in compliance with the allowable uses in the zoning district. The granting of the variance would not be against public interest in that it would allow a lot which is consistent with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in conformity with the previously granted variance. For each of these reasons, the Applicant requests that the decision of the Building Inspector be overruled, or in the alternative that the Applicant be granted a variance. NORTH Zoning Bylaw Review Form Map/Lot: 105D 171 & 39 Town Of North Andover Building Department William J. & Deana J. Hamel/ Ronald F. & Linda M. Emro / Anna M. Gilbert 27 Charles St. North Andover, MA. 01845 `14°5`� Phone 978-688-9545 Fax 978-688-9542 Street: - Forest St. Lots A & C . __ _.._ .._ .... ... . Map/Lot: 105D 171 & 39 Applicant William J. & Deana J. Hamel/ Ronald F. & Linda M. Emro / Anna M. Gilbert Request-., • Construction of 2 single family homes on lots 71 & 39 Date: January 24, 2000 1 i Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonina Remedv for the above is checked helnw_ Item # Special Permits Planning Board Item Notes Site Plan Review Special Permit Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 1 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 1 Insufficient Information Insufficient Information C Setback Building Height, 1 All setbacks comply E21 Height Exceeds Maximunf. . 2 Front Insufficient Complies 3 Left Side Insufficient Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient l Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum, 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 1 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 1 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District . K Parking 1 In District review required 1 I More Parting Required 2 Not in district 12 Parking Complies 3 Insufficient Information Remedv for the above is checked helnw_ Item # Special Permits Planning Board (tern # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Fron a Exception Lot Special Permit Al / F1 Lot Area Variance Common Driveway Special Permit Height Variance Con r ate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit I Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Coriforming Use ZBA Large Estate Condo Special Penrmt Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Other Watershed Special Permit SuppIy Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice stall 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 filled 'Plan Review Narrative' shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building rertn appl' rid in a permitting process. uil ing Departm nt Official Signature App' ion Aeceived Appli tion 6enied 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: MINEion= AIM F1 Lots are in a RI District which requires 87,120 square feel of area and, 175 Feet of frontage: Information taken from plan of land drawn by Andover Consultants Inc. dated 9/30/99 and revised 1/20/00 i +i i ' f i f ,15 _ 3 . { + .,iii ,✓-. I y i f j 17 TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP PAR # NAME . ADDRESS / G l u / ABUTTERS: 2 4 /6 % AJdifiT- 55 i i�fit, 6 / s n- 7 8 as-L)i - S %>? 9 10 11 12 13 14 15 16 17 18 THIS CERTIFIES ONLY THAT ON 16 IN R T WAS FIR -PARED BY TH SESSORS OFFIC Z THIS LIST OF NAMES & ADDRESSES OF PARTIES OF P� P NT FROM THE RECORDS OF THE ASSESSORS OFFICE. 0 �3� r FORM 11 - SOIL EVALUATOR FORA1 Page 1 of .3 Commonwealth of Massachusetts Massachusetts 'l Suitability Assessment for On-site Sewi Date: &J 0O Performed By: &(10-5 O�tj.en_ kow-or, Engtine�r�nq{�ss4Gtq�e� Date: S��oc� Witnessed By: �CA�� ,4an s�w 1)— N,�v��lvver 6oac'c1 a F N ca 1 � ���+ l,asrgn Address — �i.� .�5+ Lar / j� A.K r LoT 3 ew Construction Z Repair ❑ Office Review Owrer's Name. `j ( 0 l \ : Q 0 An Address. aid (n(PSon °`C. 1e01.Ue., Ropy Tskphore I 9O)c ;.r -"L, AAA 1DI921 89-7-92S4 Published Soil Survey Available: No ❑ Yes 2 Year Published — �98>1 Publication Scale Soil Map Unit -6 C .D Drainage Class WC -11 ckv�Nhc-A Soil Limitations Surficial Geologic Report Available: No ❑ Yes ❑ Year Published Publication Scale Geologic Material (Map Unit) Landform Flood Insurance Rate Map: Above 500 year flood boundary No ❑ Yes ❑ Within 500 year flood boundary No ❑Yes ❑ Within 100 year flood boundary No ❑Yes ❑ Wetland Area: National Wetland Inventory Map (map unit) Wetlands Conservancy Program Map (map unit) Current Water Resource Conditions (USGS): Month Range :Above Normal ❑Normal ❑Below Normal ❑ Other References Reviewed: DEP APPROVED FORM - !2 OT% FORM 11 - SOIL EVALUATOR I;OIZNI P29C 2 of 3 �ecatie-A�Fe-aF Lot No. A On-site Review Deep Hole Number �_ Date:. 1doc Time::. Weather Gool p, c lo,.,A, Location (i.dentify on site plan) Land Use I 1 a Slope (%) 3 Surface Stones — Camr- o n Vegetation O La Landform , M Position on landscape (sketch bn the back) Distances from: Open Water Body._%LOQ_ feet Drainage way. feet Possible Wet Area—L0__0_ -feet ._�t Property Line .. flet Drinking Water Well -L-123— feet Other DEEP OBSERVATION HOLE LOG' �-10-x- rn s�'� -I��I� Wale — eine •1.0 � •� - Depth from Soil Horizon :S'oilTexturev- Soil Color SoilSurface pnchesl SDA) (Munsell) Mottli Other ng (Structure, Stones, Boulders, Consistency, % Gravel) 40 V Parent Material (geologic)';aV')CL /10 Ti �DepthtoBedrock: flip} dp Depth to Groundwater: Standing Water in the Hole: 4\1m•rVr_ Weeping from Pit Face: N-ca•ve Estimated Seasonal High Ground Water: KEY DEP APPROVED FORM . 12/07/9s LS L oar n Sane) 5 L 5a n8,y i -mm 5; L 5ilf• Loch') vII�. t.J I vr^ C G o af-SC. FORM 11 -SOIL EVALUATOR I;01tM Page 2 of 3 Lot iqo. St-' On -side Review - Deep Hole Number 112—. Date:. --51 Time:.. Weather . Gool p, cfoad,l Location (identify on site plan) Land Use Slope (%} Surface Stones— CoMw,o✓) Vegetation awy1 Landform , AA-1— Position n —Position on landscape (sketch *on the back) Distances from: Open Water Body.- O0 2 feet Drainage way. — : feet Possible Wet Area > loo feet Property Line bt� flet Drinking Water Well .Z_I�_ feet Other DEEP OBSERVATION HOLE LOG' Depth from, Soil Horizon Soil Texture" Soil Color Soil Surface (Inches) (USDA) I (Munsell) Mottling 0— 7 r- l L -L 4�- 5 4 A 54-m (� 8°9- 131 C SL lo`iR3/z. 5L Other (Structure, Stones, Boulders, Consistency, Ma ss �v�e.) Fr•►able. P,o.ss ve I 1:71ri0.bA-p— 2.SY5/4 Parent Material (geologic) Cx,.")d� (moo -r(��_ DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole:n I Pit Face: _ .Estimated Seasonal High Ground Water: )'3% Weeping VEP APPROVED FORT! . 12/07/95 Y, KEY S bandFine- L S Loo., Sand 5 L 5aA8d Lrx�m { 5;L Silf Loar,) C GDC�rSC FORM II -SOIL EVALUATOR pO,1 Nj Pagc2of3 Lot iJo. A +- '' - �4,�- .54ru-4- On-site Review - Deep Hole Number �"" — Date:. Time:., Weather Gool, Location (identify on site plan) Land Use ial Slope (%) Surface Stones— Co^^I'^a✓1 Vegetation a.tdV) _ Landform , M Position on landscape (sketch bn the back) Distances from: Open Water Body. -ILIO -V_ feet Drainage way, feet Possible Wet Areao r � feet Property Line .. �7—. fdet Drinking Water Well 2-15-0 feet Other DEEP OBSERVATION HOLE LOG* N n a SA Notre, - 4%A e- �O Depth from Soil Horizon Soil Textured Soil Color Soil Other Surface (Inches) (USDA) (Munsell) Mottli ng (Structure, Stones, Boulders, Consistency, Gravel) M= = 3g-�03 1 (f Parent Material (geologic) IoSE:, L DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: — f� t'?/{ e Weeping from Pit Face:_ 00 Estimated Seasonal High Ground Water: Y, KEY rj �janci � r� T'�nG 1)EP "PROYBD FORM - 12/07/95 LS 1_00m5 _50--d I 5 L 5a.vn8y L -mm C. 5;L 5111- LCar+n GoC•rSC. FORM 11 - SOIL EVALUATOR j,OIZNj Page 2 of 3 r-ef Lot iqo. A On -g e Review Deep Hole Number T1 -i— Date:_511�� Time:.: Weather Gno� p, c h,.,A.� Location (identify on site plan) Land Use ��Si�®n�al Slope (%} s Surface Stones— CoMw,.c✓) Vegetation Landform Position on landscape (sketch 'on the back) Distances from: Open Water Body. loo feet Drainage way. �feet Possible Wet Areao •-1....� feet Property Line met Drinking Water Well -L-12_0 feet Other DEEP OBSERVATION HOLE LOG' Noi a su��ab� Depth from Soil Horizon Surface (Inches) 3 2lP-(po I C die. Soil -Texture'fl Soil Color (USDA) I (Munsell) Soil Other Mottling (Structure, Stones, Boulders, Consistency, % Gravel) Parent Material (geologic) n a.c oS,� 7_01_ DepthtoBedrock:_ v� Depth to Groundwater:, Standing Water in the Hole: fj "t-, , _ Weeping from Pit Face: Estimated Seasonal High Ground Water: �e USa� fie. 40 ja.qi�2 b,00" I S"zc o— KEY ki S Sand F DEP APPROVED FORM • 12r0719S L S L. oo MN Sand t c.ri 1 5 L 50-n8y LM,-, S L 54 Loarn FORM 11 - SOIL EVALUATOR 1,,01 [1, Page 2 of 3 4_- ea Lot iJo.[_- On-site Review Deep Hole Number �` Date:.�oo Time: - Weather cool , c lo•AA... Location (identify on site plbn) Land Use aSlope M Surface Stones— C0^1Y1 a0 1 Vegetation awVl Landform ,— Mme Position on landscape (sketch bn the back) Distances from: Open Water Body. —ILO—Q— feet Drainage way. — feet Possible Wet Area —L 0_0_ feet Property Line _10� fdet Drinking Water Well 11 —0 feet Other 1—► — N, 1 Depth from Surface (Inches) Soil Horizon Soil (USDA) -45 A 45- ^1V (� 110-105 C DEEP OBSERVATION HOLE LOG' Soil Texture' Soil Color Soil (USDA) (Munsell) Mottling SLlo'k3/2- •� s � to �� ��l.p SL Other (Structure, Stones, Boulders, Consistency, % Gravel) Ma ss ice) Fn"able. Z�SY-T14 MQSS,�C �r(a�le. Parent Material (geologic) _ Cxy�& lose --r fJl Depth to Groundwater: Standing Water in the Hole: � I.10nJ Estimated Seasonal High Ground Water: DepthtoBedrock:_ No}• t4kV111A Weeping from Pit Face: NJ -ow KEY S SQnd DEP APPROVED FORM - 12/07/95 L 5 L oo,m Sand 5L 5-n8,� L -mm 5. L Silt Loarn * MOIS' Tki�' mole wt , rc-d Q 1 �, a. 1 + 'T -9 -to' f . �, , ne. m MC'dlVr') C G o c�rSC. r0Y)_ 7IZLoI00. FORM 11 - SOIL EVALUATOR I;OltN1 Page 2 of 3 �-A� Lot iso. A On-site Review - Deep Hole Number 1'" �. Date:.5 111 00 Time::. Weather cool P,(_1 -,A, Location (identify on site plan) Land Use_ Re *��n�al Slope M 3 5 Surface Stones- COMrw,.orl Vegetation a.tjV) Landform , Merc Position on landscape (sketch 'on the back) Distances from: Open Water Body. -II -0-0— feet Drainage way. feet Possible Wet Area--Lo..0_ feet Property Line Met Drinking Water Well2 I�� feet Other DEEP OBSERVATION HOLE LOG' Depth from Soil Horizon Soil Texture Soil Color Soil p Surface (Inches) (USDA) (Munsell) Mottling �oYR3�i 6- 32 S L to IfR 14/Le 32— °IS C 6L 2, 5Y S/4 (2 4S" i's Yt "is Z, S Y 7/Z Other (Structure, Stones, Boulders, Consistency, % Gravel) Massive..) F76kWe. Mass 1, vt I 1=,r10L�1�-_ Parent Material(geologic)�1�e LOoNo- DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: "OnJC- Weeping from Pi[ Face: NO^%1 _ Estimated Seasonal High Ground Water: 43tt KEY S Sand F TING DEP ti.PPROYM FO"t - 12107195 L S L oa>"y 5ar,8 5 L Sa.�dy La�rn 1„r+� 5;L 5ilt- .Loar,) C Goa�SC. FORM 11 - SOIL EVALUATOR 1,•01W Page 2 of 3 •=eeatteR�� Lot iqo. On-site Review - Deep Hole Number ?` 7 Date:_5h) cc . Weather cool Location (identify on site plan) Land Use �e Slope (%) Surface Stones CoMr-�a✓1 Vegetation O t,✓ Landform Position on landscape (sketch "on the back) Distances from: Open Water Body l loo feet Drainage way. feet Possible Wet Area _> loo feet Property Line .._4O Met Drinking Water Well feet Other DEEP OBSERVATION HOLE LOG - N St -A i�4>✓ Ha1.e, — (4,A e- Ove Depth from Soil Horizon Soil Textureq Soil Color Soil Surface (Inches) (USDA) (Munsell) Mottli Other n9 (Structure, Stones, Boulders, Consistency, 4; Gravel) 32 - (vZ C Parent Material (geologic) ,.�d,t LOo Ti I� DepthtoBedrock:_ No� de24 w.gvtiGCr Depth to Groundwater: Standing Water in the Hole: tj 64)c' Weeping from Pit Face: Estimated Seasonal High Ground Water: 1 /k KEY BEP APPROVED FORM • 12/07/95 LS LOar�� Sand ''''' Mc.�►w� 5 L 5an8y �a�� 5; L 5ilf LoaM C. GoarSC FORM 11 - SOIL EVALUATOR ► OItNj Page 2 of 3 Lot iqo. On-site Review - Deep Hole Number 1' Date:. -S I � I cc Time:.,_.Weather Lool p, c louc�.v Location (identify on site plan) Land Use I Slope M) �_ Surface Stones - Comrv,,oe) Vegetation Landform Position on landscape (sketch •on the back) Distances from: Open Water Body . -110—o- )oo feet Drainage way. feet Possible Wet Area 2110-0— feet Property Line ... )5 }. filet Drinking Water Well 2-L-20 S0 feet Other DEEP OBSERVATION HOLE LOG' Depth from • Soil Horizon Soil T"tureV' Soil Color Soil Surface (Inches) (USDA) (Munsell) Mottli Other ng (Structure, Stones Boulders, Consistency, Gravel) e W 31 ---IS G 5L Io�R^112- -5 L /2 5L Mas , -C) Fr-iQ%)e. MasS i vt I 1=7t-ioa�l1-1 2.5Y5/4 M�ss��c finable Parent Material (geologic) —1;a,d., 100s.� —rill -rjll_ Oepthto Bedrock: Np {- �1' Depth to Groundwater: Standing Water in the Hole: 9.i0 Ng Weeping from Pit Face: Estimated Seasonal High Ground Water: LA e, - 0 tenL, 6,00JS Iu r mae.� - 'u� r e�► L�� �r�la, KEY S SAnd .F ��n c DEP APPROVED FORM - 12/07195 LS L 00.r�v� 5ar,t� C.C� f 5 L 5&n8,y i-oa m f"1 C GoarSC. Loam 5; L Silt L FORM 11 - SOIL EVALUATOR FORM Page 3 of 3 ...:e., .4-6-1 d r -P-68 ff Lot No. h 1; re S + Determination for Seasonal High. Water Table Method Used: Depth observed standing in observation hole I sb inches ❑ Depth weeping from side of observation hole- inches Depth to soil mottles 43 inches ❑ Ground water adjustment feet Index Well Number Reading Date Index well level., Adjustment factor Adjusted ground water level I Depth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption system? If not, what is the depth of naturally occurring pervious material? Certification I certify that on Oo+. Ili, MIS (date) I have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training, expertise and experience described in 310 CMR 15.017. Signature du e Date W - DEP APPROVED FORM • 12/07/95 im FORM 12 - PERCOLATION TEST Lot No. #s 50M4k Ste+ COMMONWEALTH OF MASSACHUSETTS N64-� t rn�over'° , Massachusetts Percolation Test* Date: - Time:, Observation Hole # Depth of Perc Start Pre-soak 3; End Pre-soak 3 2� Time at 12" Time at 9" Time at 6" ` Time (9"-6") Rate Min./Inch .S MP1 Whiinum or 1 percolation test must be performed in both the primary area AND reserve area. Site Passed LJ Site Failed ❑ ......................................... .................................................... :.................................. -..—..__....._ Performed By: Assoua�e5 Witnessed By: Gard Ion 9"V�n zp"'� 157, O Comments:.».�r....�... DEP APPROVED FORM - UM19S FORM 11 - SOIL EVALUATOR FORM r Page 1 of 3 No. Lv� � 7 6 Commonwealth of Massachusetts No�►�` , Massachusetts ►l Suitability Assessment fnr nn-..c;to .you„ Date: 25 CO Performed By: a0SAP.S Qct1t^- Published Soil Survey Av ilable: No ❑ Yes getncocy, �nylnetr;ng jyssx;g}r; Year Published -- 1qb l Publication Scale 11150-40 Date: Witnessed By: 510ae.. �Vrfc&e 5 ncS Surficial Geologic Report Available: No ❑ Yes ❑ N.A+t' 6oac'd of H.c.o, l k1 Ales+ Laa1an Addrus aL� �'C?Y'�-a7 i� owmf's Nsme. LAX Address. aM (eta s-lcLea,,e,, G,..c1 by ,4,(-d , *4M 0192 F ew construction Repair ❑ Office Review Published Soil Survey Av ilable: No ❑ Yes Year Published -- 1qb l Publication Scale 11150-40 Soil Map Unit Cc b ' Drainage Class Soil Limitations ---- 510ae.. �Vrfc&e 5 ncS Surficial Geologic Report Available: No ❑ Yes ❑ Year Published Publication Scale Geologic Material (Map Unit) Landform Flood Insurance Rate Map: 2,5005'b- 0010 07 J'%Joc is', Iglb3 Above 500 year flood boundary No ❑ 2 zo 0 r G +Yes Within 500 year flood boundary No Eyes ❑ Within 100 year flood boundary No Yes ❑ Wetland Area: National Wetland Inventory Map (map unit) Wetlands Conservancy Program Map (map unit) Current Water Resource Conditions (USGS): Month Range :Above Normal ❑Normal ❑Below Normal ❑ Other References Reviewed: DEP AFPROYED FORM - 12/07/95 ' DORM 11 - SOIL EVALUATOR 1(, o1inj Page 2 of 3 Location Address or Lot No. r 4n -site Review - Deep Hole Number T- Q ._ Date:. 2_ 04 Time:.. Weather(un rr� p, c fog L Location Qd'entif on site plan) Land Use + Slope (%) 5 Surface Stones — Gowtrtr av' Vegetation _ 10,141 Landform Position on landscape (sketrh'on the back) Distances from: Open Water Body. -k10--0 feet Drainage way. — feet Possible Wet Area -110-0 o'u feet Property Line _2_5_b Met Drinking Water Well ( D feet Other DEEP OBSERVATION HOLE LOG` _rk 15 •�` wt c..f. F� . Depth from Soil Horizon Soil Texture• Soil Color Soil Surface (Inches) (USDA) . (Munsell{ Mottli other ng (Structure, Stones; Boulders, Consistency, % Gravell Ab MaSsiVP- crvv-6 41 SI &w I 5L. I Vo YP, '1(o I I Ac,4Si,A) prrGb)e (Zook 4-o 112" Parent Material (geologic) —AN L•6c'e 1� DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: �1 �>� Weeping from Pit Face: yl d vile_ _ Estimated Seasonal High Ground Water: KEY S band -1 ED 1) EP APPROVFORJ`t - 12701/95 L 5 L mm.y Sant) - 5Lt1dy Liar+n rrl Ntclu+ 5� L 54 Loam C. GoarSC. FORM 11 -SOIL EVALUATOR I;OIZtt1 P29C 2 of 3 Location Address or Lot No. t On-site Review - Deep Hole Number Z.LQQ_ Date:. 2& t70 Time:- . Weather twotM , clo�y Location (identify on site plan) Land Use — ResAoja� Slope M .3=5 Surface Stones— com,Mah Vegetation _ Landform j! Position on landscape (sketch'on the back) Distances from: Open Water. Body.>LO feet Drainage way. feet Possible Wet Area _IJ 00 feet Property Line .. .4b.. Met Drinking Water Well 1115t) feet Other DEEP OBSERVATION HOLE LOG' Depth from Soil Horizon Soil Texturev- Soil Color Soil Other Surface (Inches) (USDA) (Munsell) Mottling (Structure, Stones, Boulders, Consistency, % • Gravel) ©-3(0 j T: -;1e 3,(o- -zrl^v I Ab ' I SL (WO/1- 40 —&4 SL 0 Y 4/1, 5L 2,5Y 14 Q, 9 lr l,5YR SIS MaSsiv,�. cru,-- , P'r(abl�. Nl g r �rL' S 711 f, 'A P l•epe..e_ �12r )c c.o ��•s �� � 5 J Parent Material (geologic) 4 ANA Li, E "—' �' t � DepthtoBedrock: rt Depth to Groundwater Standing Water in the Hole: 'a 3` Weeping from Pit Face: Estimated Seasonal High Ground Water:_ G��p DEP APPROVED FORD! - 1I/0719S Y, KEY S Sand LS Lm, -,j sated '5L -. 5An4y 5; L 5ilf Loam & m Mc.cl1 � C FORM 11 - SOIL EVALUATOR I; oltnj Page 2 of 3 r Location Address or Lot No. 4n -site Review Deep Hole Number �_ Date:. b0 Time: - Weather 4ibfel , cis,, Location (identify on site plan) ..Land Use — QPa�ciFN-�a1 o Slope (/o) M Surface Stones — C -0 4&n Vegetation Landform , '�`'� o+-64.iIle— Position on landscape (sketch 'on the back) Distances from: Open Water Body,210 feet Drainage way. � feet Possible Wet Area __1J 00 feet Property Line _2.5b.. fdet Drinking Water Well U feet Other DEEP OBSERVATION HOLE LOG" Depth from Soil Horizon Soil Textured Soil Color Soil Surface (Inches) SOA). (Munsell) Mottli Other rvg .(Structure, Stones, Boulders, Consistency, % Gravel) 0-31 171111 ` 34-4o k SL WAX 40 SL Wig 41(, 50 - ►22. SL 2,SY 5/4 0- 55't MC,se, lve I' e r„..6 _ Parent Material (geologic) DepthtoBedrock: Depth io Groundwater: Standing Water in the Hole:n �0S Weeping from Pit Face: Estimated Seasonal High Ground Water: e- SS't DEP APPROVED FORAt - 12/07/95 KEY S Sand L S L oo,r�y 5ar,d 5 L 5a^4y f. axm 5i L 54 Loam ne n� mt4l(uwn. C G o at`Sa� FORM 11 - SOIL EVALUATOR FORM Page 3 of 3' z Location Address or Lot No. A f--oi-f ,% �J,An ,r . Determination for Seasonal High Water Table Method Used: 12'Depth observed standing in observation hole _ 10S inches 0- Depth -weeping .from side :of .observation hole - 106 6 inches ✓Depth to soil mottles 55' inches ❑ Ground water adjustment feet Index Well Number Reading Date Index well level Adjustment factor Adjusted ground water level - Depth of Naturally =Occurring Pervious Material Does at least four feet ,.of naturally occurring .pervious material exist in all areas observed throughout.the.area proposed.for:the soil absorption system?.. IE.S If not, what is the depth of naturally occurring pervious material? Certification 0 uP. I certify that on Oc, . Rol MIS (date) I have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training, expertise and experience described in 310 CMR 15.017. Signature % - Date 212510-0 DEP APPROVED FORM - 12/07/95 FORM 12 - PERCOLATION TEST Location Address or Lot No. A 5re%J COMMONWEALTH OF MASSACHUSETTS i)or n Av 4ve r , Massachusetts Percolation Fest* Date: Time:, Observation Hole # Depth of Perc �� a- 1� 5+„ + ! F71s Start Pre-soak 1q,2t� 11.0g End Pre-soak t to ¢ 41 (1 ; 2-1 Time at 12" 1,0 1 Time at 9" .� IO" � t► ; S�{- . Time at 6" Time Rate Min./Inch AsI f; Q Minimum of 1 percoiation test must be performed in both the primary area AND reserve area. Site Passed ❑ Site Failed ❑ IQ roG1'_ �� �� P_ 3 ......................................`..................................................................................._..— ._._....._ Performed By: 6Fnq ine.r Im AssoGla�e5 Witnessed By: %144 ti1.An ger- gdard mC l�e 1 Ar�4,,-fir Comments: AEP APPROVED FORM • UM19S FORM 12 - PERCOLATION TEST Location Address or Lot No. A Sae,,, ~ COMMONWEALTH OF MASSACHUSETTS )Jdr*% Anc 4vtr , Massachusetts Percolation Test* Date:.�Time:, Observation Hole # (� Depth of Perc T�0 �- r'n Start Pre-soak End Pre-soak Time at 12" Time at 9" . Time at 6" Time Rate Min./Inch Milhimum of 1 percolation test must be performed in both the primary area AND reserve area. Site Passed ❑ Site Failed ❑ Performed By: Ch"H'eS ,Ojdzn -" �Qrzoc,k_ Endinee�`�nq AssoGla�e5 Witnessed By: Ao oe go0-rd mC 1 e�"l�ln .� Comments: DET' APPROVED FORM -12WI9$ FORM 12 - PERCOLATION TEST Location Address or Lot No. A kre.�i- COMMONWEALTH OF MASSACHUSETTS iJd�4�n Av d oves' , Massachusetts Percolation 'Test* Date: I'v do Time:, Observation Hole # Depth of Perc 42„ -1-11611 Start Pre-soak S It 53 End Pre-soak r , Time at .12" 9! Time at 9" 9 ; 2S Time at 6" Time Zta M9H Rate Min./Inch 9 �P Nliniinum or 1 percolation test must be performed in both the primary area AND reserve area. Site Passed Site Failed ❑ ......................................... ............. _..................................... :................................... .._.._._....._ Performed By: Ghar�es •r_) -Jen �gr(.�ao Ee.e nginrim Assocfa e5 Witnessed By: f V - �. Ahsv Board m� 1�e�l n Ate,+ Comments: No. FORM 11 - SOIL EVALUATOR FORM Page 1 of 3 Date: a ,10101 Commonwealth of Massachusetts Nor�� 4WOVor- , Massachusetts ►l SuitaN Assessment for On-siteipwnon n; Performed By: CkMie's p, En�lneer�n4 ASSOC ales Date: �0 or 3 Witnessed By: 1062 000na�n —H, Andover C�,aca of l-ico.lkl� + L= on Address or Lo. rom r -e s 4- s4wx, " oww's NUM. Address, aid SV1Q� CQA4� hOf�GY Tckplwrc / �/ ew. L✓� Construction Repair ❑ Office Review Published.Soil Survey Available: No ❑ Yes EY Year Published — 10161 Publication Scale' 15 8 �0 Gc D =--�..,. Soil Map Unit Drainage Class-WeA &,xi^e-a Soil Limitations s4 -one.,, _ Surficial Geologic Report Available: No ❑ Yes ❑ Year Published Publication Scale Geologic Material (Map Unit) Landform Flood Insurance Rate Map: 25pncl6 _ Above 500 year flood boundary No ❑Yes [a zove, G Within 50.0 year flood boundary No Yes ❑ Within 100 year flood boundary No EfYes ❑ Wetland Area: National Wetland Inventory Map (map unit) Wetlands Conservancy Program Map (map unit) Current Water Resource Conditions (USES): Month Range :Above Normal ❑ Normal ❑ Below Normal ❑ Other References Reviewed: DEP APPROVED FORM - 12/07/95 FORM II -SOIL EVALUATOR h ottnj Pagc 2 of 3 -6eea6eft-h44Feqs_" Lot iqo. -2 Ir'�re54 S�ree� �,J®�N. Anao.�er' On-site Review Deep Hole Number 7E I "Tl Date:. 30 0l Time:Jl130-3tao t Location (identify on site plan) Weather wa�^� c��r_ . Land Useley, de A►r l Sto e {%) -10 P Surface Stones Vegetation wcoc� - 1"A I, J,�r, ieS Landform , ranraiv�e Position on landscape (sketch 'on the back) . Distances from: Open Water Body. > oo feet Drainage way. feet Possible Wet Area > oo feet Property Line ..-2?0_,_ fdlet Drinking Water Well _Loo feet Other DEEP OBSERVATION HOLE LOG" Depth from Soil Horizon Soil Texture Soil Color Soil Surface (Inches) (USDA) . (Munsell► MottliOther ng: --(Structure. Stones Boulders, consistency, % Gravel) O�C� >� •��L- (�YR�3 � 32��:_ MaSSiv�� Ven( �r�able, :.....1 ' �Sh'�5�8 I�kile � ho -rock 10%K 41U 1V�aSg� VGA FrPal �e �'eaa rocui, A^40i P-1 C SL Z. 5Y'51+ ;S, R Parent Material (geologic) DepthtoBedrock: none, 0�5. Depth io Groundwater Standing Water in the Hole: Weeping from Pit Face: ►'14t1•t. Estimated Seasonal High Ground • Water: 32 VF.P APPROVED FORTt - 12/07/95 �k KEY S S.AJ L 5 L oo,r^ j : 5anc) 5 L 5an4y..' Lark S L Silt :Loa+ FORM 11 - SOIL EVALUATOR I; oltnj I'agc 2 of 3 �6eea6.p -A44F Lot iqo. — 2, I''o�eg Skr•ee �,1®�,Y�, �h�o,�er` On-site Review Deep Hole Number Date:. 3o I Timeil�o-� ao + Location (identifyl on site plan) Weather Land Use 2ey� dein ala ( Slo P a (%) -IO Surface Stonestery✓ Vegetation wcoc�& Ine.S Mm 6eS -� Landform Position on landscape (sketch 'on the back) Distances from: Open Water Body. > 0o feet Drainage way. Y•feet Possible Wet Area >oo feet Property Line ..?Zo. flet Drinking Water Well -Lbo o feet Other DEEP OBSERVATION HOLE LOG' Depth from Soil Horizon Soil Texture4 Soil Color Soil Surface (Inches) (USDA) • (Munsell) Mottli Other ng ` (Structure, Stones Boulders, Consistency, % Gravel) (9-7 . A IoYR3%3� i �, Z�o �"1o.SSivCt vn Fria� '7SYr' Sig 10,N All. mksS� v� vel art ; 30-�2l� C SL �Aass; A. i, r1 por:K..4 OP Pe, aN �„In� roG.Ya Parent Material (geologic) �70iv)d� Good '�t1t DepthtoSedrock: v14v12 O� S Depth to Groundwater Standing Water in the Hole: „ Weeping from Pit Face: Estimated Seasonal High Ground Water: KEY DEP APPROVED Font • 11/07/95 e - LS L 5 L, oaM� 5 L Sandy ' Lizw� '''� r�ic� ivm 5, L 5111- � Loarti FORM 11 -SOIL EVALUATOR R Oltllq Page 2 of 3 mss." Lot fro. �oreg s�cee� Noy , Hao - • On-site Review Deep Hole Number_ MOI Date:. 3o o1 Time:_1190-;w0 t Location (identify, on site p(an) Weather wafer, �6r ... Land Use 2251 devlIiL I Slope (%) "ID p Surface Stones Vegetation wcoas �vtegS Landform AA or-NAVN Position on landscape (sketch "on .the back) Distances from: Open Water Body_ > 0o feet Drainage way. feet Possible Wet Area >oO feet Property Line .. �.Zo Met Drinking Water Well y. o0 feet Other DEEP OBSERVATION HOLE LOG' Parent Material (geologic) t OepthtoBedrock: ✓lflv)e Depth io Groundwater Standing Water in the Hole: w9 11 Weeping from Pit Face: 103 Estimated Seasonal High Ground Water: Y, KEY et DEP APPROVED FORTS - 12/07/95 LS . L.00^3 5A J 5 L. SQ�xI Lair~, > '^� reed Iwo 5. L 5111- Lparh Depth from Surface (Inches/ Soil Horizon Soil Ta urev (USDA) . Soii Color (Munsell) Soil Mottli Mottling Other - (Structure, Stones Boulders, Consistency, % Gravel) :... i . PSL I( 10�& � mo -SS), vt � 'Jut Gr1ab �e Z ol�2 C I SL Z. 5Y 5y+ kA (z Fir4 C\V\5 �. rot V__ rhavw� .e o��ea �15v CZer;� 5`111� Ma�S�riab Parent Material (geologic) t OepthtoBedrock: ✓lflv)e Depth io Groundwater Standing Water in the Hole: w9 11 Weeping from Pit Face: 103 Estimated Seasonal High Ground Water: Y, KEY et DEP APPROVED FORTS - 12/07/95 LS . L.00^3 5A J 5 L. SQ�xI Lair~, > '^� reed Iwo 5. L 5111- Lparh FORM 11 -SOIL EVALUATOR j,OftM Page 2 or 3 -4zeea(iLot iqo. —Z F'o�ca �- 5 #✓r ),J er•Y►, 1�n2�er On-site Review Deep Hole Number -01 Date:. 6.110.1al Time:, I1_o'3Wo + Weather Wa�'M c%r Location (identifyl on site plan) Sand 1.G Land Use _) L o^.Jana Slope Surface Stones = Vegetation Woes— �heS IeS Say';Ltzt�, M� Silt 'Loam Landform , ►^'����. Position on landscape (sketch 'on .the back) Distances from: Open Water Body.2i 00 feet Drainage way. feet Possible Wet Area oo feet Property Line ..'. feet Drinking Water Well _> O-0 feet Other DEEP OBSERVATION HOLE LOG* Depth from Soil Horizon Soil Texturev Soil Color Soil Surface (Inches) (USDA) . (Munsell) Mottli Other n9 (Structure, Stones Boulders, Consistency, % Gravel) x°..20" :: �o.ssl�t� ver 1rr�able Sts loy'.2�11,� I�asS�v2 vert m6AI f-00 24 1015 SL NACss;A-) FIrfA Parent Material (geologic) ` ✓t% t 1,� ,e , DepthtoBedrock: none, o� S. Depth io Groundwater Standing Water in the Hole: iu?� • Wee tno . ping from Pit Face: ✓K',. _ Estimated Seasonal High Ground Water: to DEP APPROVED FORM - 12/07/4S Y� KEY 5 Sand 1.G L 5 _) L o^.Jana -5L Say';Ltzt�, 5'. L Silt 'Loam Fite. rn Mc.d lam, . FORM 11 - SOIL EVALUATOR hOIgj Page 2 of 3 6eea6en—A4dfesr," Lot NO, _2, I^'��es 5�'ree 1.1or t, • �v,�,,,� On-site Review . Deep Hole Number E�01 Date:. 30 01 Time:..1i1o���� ± Location (identifyt on site plan) Weather warms, c�ec,r .,Land Use Re51 deinla I Slope (°/a) �ID p Surface Stones Vegetation wcoc — �-A 0 teS Landform. , Morwvt�. Position on landscape (sketch "on .the back).- Distances ack).Distances from: Open Water Body• > oo feet Drainage way. feet Possible Wet Area ?oo feet Property Line ..-?� Met Drinking Water Well -LLoo feet Other DEEP OBSERVATION HOLE LOG' Parent Material (geologic)- _�` DepthtoBedrock: ✓bo✓ e, Depth io Groundwater: Standing Water in the Hole: Z�41 Weeping from Pit Face: �t�. _ Estimated Seasonal High Ground Water: KEY 5 SAnc� e - DEP APPROVED FORI`t • 121.0719S L S L Sana 5 L 5a^8y 5; L 54 Loam Depth from Surface (Inches) Soil Horizon Soil Textu,eV (USDA) . Soil Color (Munsell)Mottli Soil ng Other (Structure, Stones Boulders, Consistency, % Gravel) 5L 0 Z 54 g P S L 10,M 41U A/�aSS, 1 �e 'Frrat � Z�' 9 SL 2-5Y5/+ MQ Ss,/ 0,� ril'r4 VAOL me cobb�� ar 4sr�u6te.rS Parent Material (geologic)- _�` DepthtoBedrock: ✓bo✓ e, Depth io Groundwater: Standing Water in the Hole: Z�41 Weeping from Pit Face: �t�. _ Estimated Seasonal High Ground Water: KEY 5 SAnc� e - DEP APPROVED FORI`t • 121.0719S L S L Sana 5 L 5a^8y 5; L 54 Loam FORM 11.- SOIL EVALUATOR_ FORM Page 3 of 3 Lot No. Z Fore S .. Nor` + A,n .,, 1 -Determination for Seasonal High Water Table Method Used: Depth observed standing in observation hole 129 inches Z. -:.Depth weeping from side :of observation .hole1_103 _.: inches Depth to soil mottles ZD inches ❑ Ground water adjustment feet Index Well Number Reading Date _._. Index well level Adjustment factor Adjusted ground water level .. .-Depth of -Naturally Occurring Pervious Material : Does at1east four, feet -of I,naturally occurring. pervious material exist -.in all areas -observed throughout.the:area proposed for -The -soil absorption system? -5_ If not, what is the depth of naturally occurring pervious material? Certification I certify that on Qc+ 1(n+ MIS (date) I have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training, expertise and experience described in 310 CMR 15.017. Signature 1\ Date 10 (' 0 W - DEP APPROVED FORA • 12/07/95 -t, FORM 12 - PERCOLATION TEST coeatien A�'�as Lot No. 2. rt.s ^reg COMMONWEALTH OF MASSACHUSETTS Massachusetts Percolation Test* Date: S ilo 0 1 Time:, Observation Hole # P_ Depth of Perc„ Start Pre-soak 135 End Pre-soak !!� Time at 12" Time at 9" . Time at 6". 2;l7 Time.(9"-6") Rate Min./Inch , s Nlinhnum of i percolation test must be performed in both the primary area AND reserve area. Site Passed Site Failed ❑ ......................................... ............. -..................................... :................................... ..� _ _.... Performed By: GhAsies Qq _ �gnCa�c1, [Fnginee!°`inq f�ssoc�a�es Witnessed By: 76�n Noono vj .. N. A,4.ove.r° Spare oC l eA\V^ Y Comments: DEP APPROVE® FORM - UM195 ' Circ P a i NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACI•iUSETTS 01315 RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 2000 APR 2q A 11= 18 FAX (973) 633-9542 Any appeals shall be filed NOTICE OF DECISION within (20) days after the Year 2000 date of filing of this notice Property at: Lot A -l. Forest St. in the office of the Town Clerk- NAME: lerkNAME: Linda M. Emro, Trustee DATE: 4/12/2000 ADDRESS: for premises: Lot A-1, Forest St. PETITION: 008-2000 North -Andover, MA 01845 HEARING: 4/11/2000 The Board of Appeals held a regular meeting on Tuesday evening, April 11, 2000 at 7:30 PM upon the application of Linda M. Emro, Trustee, of Pine Hollow Trust, 781 Forest St., North Andover, for premises at: Lot A-1, Forest St., North Andover, MA Petitioner is a party aggrieved for a review made by the Building Inspector and for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to construct a single family dwelling within the R- I zoning district. The following members were present: Raymond Vivenzio, Robert Ford, Scott Karpinski, George Earley and Ellen McIntyre. Upon a motion made by George Earley and 2"d by Ellen McIntyre the Board voted to DENY the application for a variance for Lot C, and DENY the party aggrieved petition, and to uphold the decision of the Building Inspector. Based upon advice received in correspondence received from Town Counsel dated March 24, 2000 and April 10, 2000, the Board found that a variance granted for this lot in 1990 was not properly exercised and had lapsed The Board deemed the conveyance of adjoining land to the rear to be of no assistance to the petitioner as it occurred more than (1) year from the date of the variance. That being the case, the issue of a new variance request was taken up. The Board found no circumstances relating to the soil conditions, shape or topography of the land to exist warranting variance relief. No hardship resulting therefrom being present, the variance request was likewise denied Voting in favor of the denial: Raymond Vivenzio, Scott Karpinski, Ellen McIntyre, and George Earley. ml/decisions2000/12 B r of g Board of Appeals, Raymond VivenzX, Acting Chairman BOARD OF rLPPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANivTNG 683-9535 NORTH ANDOVER OFFICE OF THE ZONL iG BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 0 t345 Any appeals shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. NOTICE OF DECISION Year 2000 Property at: Lot A-1, Forest St. JOYCE BR�ADSDHAW TOWN CLERK NORTH ANDOVER 1000 JAN 20 p 1: 36 FA -C (973) 633-9542 NAME: Linda M. Emro, Trustee of Pine Hollow DATE: 1/18/2000 ADDRESS: for premises at: Lot A-1, Forest St. PETITION: 047-99 North Andover, MA 01845 HEARING: 1/11/2000 The Board of Appeals held a regular meeting on Tuesday evening, January 11, 2000, at 7:30 PM upon the application of Linda M. Emro, Trustee of Pine Hollow, for premises at: Lot A-1, Forest Street, North Andover, MA. Petitioner is requesting a variance from the requirements of Section 7, paragraph 7. 1, & 7.2 for lot area and street frontage in order to construct a single family dwelling. The following members were present: Walter F. Soule, Robert Ford John Pallone, Ellen McIntyre, George Earley. Upon a motion made by Robert Ford and seconded by John Pallone, the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor of the withdrawal: Walter F. Soule, Robert Ford, John Pallone, Ellen McIntyre, George Earley. By order of the Zoning Board of Appeals, 4&641Ad Walter F. Soule, Acting Chairman mUdecisions2000/5 BOARD OF APPEALS 688-9541 BLZLDINGS 683-9545 CONSERVATION688-9530 HEALTH 58:3-9540 PL.VNNING 683-)535 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 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 the 146' day of March, 2000 at 7:30 PM to all parties interested in the appeal of Linda M. Emro, Trustee of Pine Hollow Trust, 781 Forest St., North Andover, MA, for premises at: Lot A-1, Forest St., North Andover. Petitioner is a Party Aggrieved for a review made by the Building Inspector and for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to construct a single family dwelling. Said premises affected is land with frontage on the South side of Forest Street within the R-1 Zoning District. Plans are available for review at the office of the Building Dept,, 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on February 2`,, and March 7, 2000. Ml/legalnotice 2000/6 C _ J N� O� Din C mC O°i� N c>' y= NQ DY In cTa m > = NOOO N—T.. 0' �n >N�N >rl�in� O=•�—c4 --T.0 10D NSU) OOL Q Ww0°'Qiry°a�asdcca`niQLL°�a-°iooroaCis-o�� a�i0 ma�U>to oLLOW SOL CLCT6N�00LL Na >0) `��000 N�LLN RONQ p10 ZOmar��U o�Lu a r mao >J OOQ�-a a•m o y N o oT �Y at a �LLZLLO a) 3)z a, c� �c mH �Q aa'ird E ocPz 0 °� o�a� Nw Cro C :2 2CL OON •o:!:-0 > oa)oF-sNZro3�' ooc��a�� 3Lc �a z s c t '-'E nLaEi> c`a�tnc:5 (L '��opo Zia= asQ>�2 E oo«:'->fnoa)No..3 Oc---590w N 2vd �w 2 atn a� -' SwU�w. U) -0 asU)'§ .. 0 as h a�>E� C). o�mas a`�Qtnzg v oU 0-23 cm m 0 co M a3 D a) LL H LU N BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 V/ NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 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 the 141h day of March, 2000 at 7:30 PM to all parties interested in the appeal of Linda M. Emro, Trustee of Pine Hollow Trust, 781 Forest St., North Andover, MA, for premises at: Lot A-1, Forest St., North Andover. Petitioner is a Party Aggrieved for a review made by the Building Inspector and for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to construct a single family dwelling. Said premises affected is land with frontage on the South side of Forest Street within the R-1 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on February 21.,, and March 7, 2000. MUlegalnotice 2000/6 BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 pORTI, � °t' °'• "° Zoning Bylaw Review Form Town Of North Andover Building Department `��•e 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: -- - - Forest St. Lots A & C _ ... _. .._.. _ . Ma /Lot: 105D 171 & 39 i. ,; • .+_� 'i. , ; . . Applicant William J. S Deana J. Hamel / Ronald F. & Linda M. Emro / Anna M. Gilbert Request. Construction of 2 single family homes on lots 71 & 39 Date: I January 24, 2000 1 t Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Remedy for the above is checked below. Item # Special Permits Planning Board Item Al Item Notes Site Plan Review Special Permit Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height l 1 All setbacks comply 1 Height Exceeds Mitximurff , 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum' 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed d Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 I More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information Remedy for the above is checked below. Item # Special Permits Planning Board Item Al Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Al /F1 Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo S ecial Permit earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Other 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 building department will retain all plans and documentation for the above file. You must file a new building permit appli n fo nd in a permitting process. 'z'/a�aom� i1-2 C114 00D cAlufldinig Departm nt Official Signature Appy tion Keceived Appli6ation 6enied 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: xl� gS!�.-sr'�. 's` ' T Y� �•.7' rt s. Y& '6 -, t t:f Ay •^y, �y'y�'"`i,a,'?t1' Lots are in a RI District which requires 87,120 square feet of area and ` 175 Feet of frontage. Al /F1 X Zoning Board Information taken from plan of land drawn by Andover Consultants Inc. dated 9/30/99 and revised 1/20/00 Department of Public Works Planning Historical Commission" 1 r f Referred To: Fire Heafth Police X Zoning Board Conservation Department of Public Works Planning Historical Commission" t 1 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 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 the 14" day of March, 2000 at 7:30 PM to all parties interested in the appeal of Linda M. Emro, Trustee of Pine Hollow Trust, 781 Forest St., North Andover, MA, for premises at: Lot A-1, Forest St., North Andover. Petitioner is a Party Aggrieved for a review made by the Building Inspector and for a Variance from the requirements of Section 7, Paragraph 7.1 & 7.2 for lot area and street frontage in order to construct a single family dwelling. Said premises affected is land with frontage on the South side of Forest Street within the R-1 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1: 00 PM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on February 2`,, and March 7, 2000. MUlegalnotice 2000/6 BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 M RECEiVEO Received by Town Clerk: JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER TOWN OF NORTH ANDOVER. iVLaSSACHUSETTS BOARD OF APPEALS 1000 FEB 10 A Il: 5b APPLICATION FOR RELIEF FROM THE ZONING ORDENAiNI CE Linda M. Emro, Trustee 781 Forest St. ' Applicant of Pine Hollow Trust Address North Andover, MA 01845 Tel. No. 1. Applicant is hereby made: 7a) For a variance from the requirements of Section Paragraphic -and Table of the Zonin` Bylaws. r b) For a Special Permit under Section Paragraph of the Zonin<7 Bylaws c) As a Partv Ai rieved, for review of a decision made by the Building Inspector or other authority. ?. a) Premises affected are land and buildings) numbered Street. b) Premises affected area propertv with frontage on the North ( ) South �X) East ( ) West ( ) side of Forest - ( Street. C) Premises affected are in Zoning District R_1 and the premises affected have an area of 43,583 square fe-1t and frontage of 151.06 feet. 3. Ownership: a) Nide and address of owner (ifjoint ownershi, Qive all names): LIn o 'Trust 781 Forest Street, North Andover, Ma 01845 Date of Purchase Previous Owner 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 8 GJ44� - 4. Site of proposed building: 68 feet wide 2 1/2 _front: 32 fe-It deep; 34 Height stories; feet. a) Approximate date of erection immediately b) Occupancy or use of each floor: residential C) Type of construction wood frame 5. Has there been a previous appeal, under zoning, on these premises'' no When 6. Description ofreliefsou`;htonthis petition overturn the decision of the building inspector to deny building permit 7. Deed recorded in the Registry of Deeds in Book 3657 No Pa_�e 232 Land Court Certificate No. Book-Pa-,Te- The ookPageThe principal points upon which I base my application are as follo%vs: (must be stated in detail) Please see attached addendum I agree to pay the tiling fee, advertising in newspaper, and incidental expenses* "%-., C "Mtn l Kk..6 Signature of Petitioner (s) 6 of 8 ADDENDUM The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 151.06 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are the subject of a prior and valid variance. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of a valid variances. This Board granted two variances. The first variance is dated February 15, 1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This variance granted a frontage and size variance to the subject lot (Plan No. 6757). The second variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these variances, eight (8) separate lots were legally created, including the subject lot. The Building Inspector declined to honor the variances upon the basis that the variances were not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variances were in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Hales, 19 Mass. App. Ct. 399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the variance. Therefore, that M variance was properly and irrevocably exercised. The denial of the Building Permit should be overturned. WORK SHEET D—E-7 CFI--,-, 11011 OF E �7-71 T( -7- L o c D z El 0 a 1'71 30 Rza: sctc:al Pz='c - -1 Town of North Andover, Zoning Board of Appeals APPLICANTS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP IPARCEL I NAME ADDRESS 105D I 39 I Pine Hollow Trust, Linda Emro Trustee ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) TOWN OF NORTH ANDOVER Zoning Board of Anre3►5 27 Charle,- North I_n'_. 781 Forest St. North Andover, MA 01845 MAP PARCEL NAME ADDRESS 105D 40 Ronald F. & Linda M. Emro 781 Forest St. North Andover, MA 01845 105D 71 Anna M. Gilbert 0 Main St., Apt. P6lem,NH 03079 2 105D 18 William Hamel J. & Deana J. 805 Forest St. North Andover, Ma 01845 105D 162 Lisa M. Wysocki 851 Forest St. North Andover, MA 01845 105D 176 Dennis Jillson S. & Linda J. 757 Forest St. North Andover, Ma 01845 105D 175 John R. & Annette L. Iannarone 743 Forest St. North Andover, MA 01845 105D 45 Frank L. & Pamela Carnovale 804 Forest St. North Andover, MA 01845 105D 37 Paul A. Merrill & Elizabeth A. 84 West Main St. Georgetown, Ma 01833 T1 $i n 1\Ir/11"1� I Trt� i uv uvrvRiwn t lulu vvr1.7 VD I /111VCU N I i ht HJot55UK',5 UFHUE AND CERTIFIED BY THE ASSES R'S OFFIC BY: DATE: SI ATURE, ASSE OR, T N OF NORTH ANDOVER Required list of parties of interest Page one _� of —4�4 . WILLIAM J. SCOTT Director (978) 688-9531 Town of North Andover U K C' A OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 FAX Transmission TO: FAX Number: % 7 % - o S FROM: ��- Town of North Andover Zoning Board of Appeals FAX: 978-688-9542 PHONE: 978-688-9541 DATE: SUBJECT: Total number of pages: . J 'co ,e ro F A , r � �9SSACH�S�� Fax (978) 688-9542 REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notice department of the Lawrence Eagle -Tribune and it is your responsibility to do so as -soon -as -possible in order to meet the required deadline. Failure to place the legal notice in the paper within the required deadline will mean that you will not be able to be placed on the ZBA agenda for the upcoming meeting. The phone number for the Eagle Tribune is: 978-685-1000, ext. #412, should you require further assistance. Ml/fax OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 Received by Town Clerk: RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER TOWN OF NORTH ANDOVER. MLkSSACHUSETTS BOARD OF APPEALS 1000 FEB ip A 11' Sb APPLICATION FOR RELIEF FROM TI -:E ZONTivG ORDINANCE Linda M. Emro, Trustee 781 Forest St. ' Applicant of Pine Hollow Trust Address North Andover, MA 01845 Tel. No. 1. Applicant is hereby made: al lor nance from the requirements of Section Paravraph �1 +1 4�`and Table of the Zonina Bvlaws. 7 b) For a Special Permit under Section Paragraph of the Zoning Bylaws c) As a Parry Aimrieved. for review of a decision rnade by the Building Inspector or other authority. 2. a) Premises affected are land and buildinL7(s) numbered S treat. b) Premises affected area property w th ironta17e on the Niorth ( ) South �X) East ( ) `Vest ( ) side of Forest- i Street. C) Premises affected are in Zonin`r District R-1 and the premises affected have an area of 43,583 square feet and trontai7e of 151.06 feet. J. Ownership: a) N n� and address of owner (if joint ownership, sive all names): LIn a M. Emro, Trustee of Pine Hollota 'Trust 781 Forest Street, North Andover, Ma 01845 Date of Purchase 20/93 Previous Owner 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 3 4. Site of proposed building: 68 feet wide front: 32 feet deep; Height 2 1/2 /2 stories: 34 feet. a) Appro�-nate date of erection immediately b) Occueancv or use of each floor: resident al C) Type or construction wood frame 5. Has there been a previous appeal. under zoning. on these premises" no When 6. Description ofre-Liefsought on this petition overturn the decision of the building inspector to deny building permit 7. Deed recorded in the Re Jistry of Detds in Book 3657 N -o py„e 232 Land Cour Cer`iflcaie No. Book-Pa-,e- The ook Pai e The principal points upon which I base my application are as tcilows: (must i e stated in detail) Please see attached addendum I agree to pay the Eing fee, advertising in newspaper, and incidental expenses* Signature of Petitioner (s) 6 of pORTi, No i y�ad�crwsE� Zoning Bylaw.Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: -•...._--- -Forest St. Lots -A & C.---_ .. ----- -- _Ma /Lot• Map/Lot: 105D171&39 Applicant William J. & Deana J. Hamel / Ronald F. & Linda M. Emro / Anna M. Gilbert_ Request: Construction of 2 single family homes on lots 71 & 39 Date: I January 24, 2000 1 , Please be advised that after review of your Building Permit Application and Puns tnat your Application is DENIED for the following Zoning Bylaw reasons: Zonina Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes Site Plan Review Special Permit Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting 2 Frontage Complies 3 1 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H 1 Building Height 1 All setbacks comply 1 Height Exceeds lJlaximunf, , 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 I In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Al / F1 Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Other Watershed Special Permit Supply Additional Information The above review and attached explanation of such is b med on the plans and information submitted. No defnit re review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit appr n f nd in a permitting process. l 02 C �?aev / o2 C114 00 6tfufldinig Departm nt Official Signature Appp6ation Keceived Tp—pli6ation enied 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: Referred To: Fire I Health Police X I Zoning Board Conservation __ _non-Ar+mu++..a..►,,....�._�._ _ - Al /F1 Lots are in a Rl District which requires 87,120 square feet of area and 175 Feet of frontage. Information taken from plan of land drawn by Andover Consultants Inc. dated 9/30/99 and revised 1/20/00 \1l f Referred To: Fire I Health Police X I Zoning Board Conservation __ _non-Ar+mu++..a..►,,....�._�._ _ - Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building pennit for the property indicated on the reverse side: I uoisslwwoO 1e3uo;SIH BuiuuBld sNJoM o.Ignd 10 luaw}je as uoi;enJasuoO pjeog Buluoz X aoyod QeOH acid :01 pa ua jam ADDENDUM The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 151.06 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are the subject of a prior and valid variance. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of a valid variances. This Board granted two variances. The first variance is dated February 15, 1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This variance granted a frontage and size variance to the subject lot (Plan No. 6757). The second variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these variances, eight (8) separate lots were legally created, including the subject lot. The Building Inspector declined to honor the variances upon the basis that the variances were not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variances were in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Ha -yes, 19 Mass. App. Ct. 399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the variance. Therefore, that variance was properly and irrevocably exercised. The denial of the Building Permit should be overturned. 7y _ n _:(_) 114 o �/,4 SC, -C.:- -err Kc_L25�. Zc or _ _ 7y _ n _:(_) 114 o �/,4 SC, -C.:- -err Kc_L25�. TOWN OF NORTH ANDOVEP Zoning Board of An► -:,+, 27 Dade - North I -'r, J _- Town of North Andover, Zoning Board of Appeals APPLICANTS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME --------------- ADDRESS 105D 39 Pine Hollow Trust, Linda Emro Trustee. 781 Forest St. North Andover, MA 01845 ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME " J ADDRESS 105D 40 Ronald F. & Linda M. Emro 781 Forest St. North Andover, MA I 01845 105D I71 Anna M. Gilbert 60 Main St., Apt. �alem, NH 03079 2 105D 18 William Hamel J. & Deana J. 1805 Forest St. North Andover, Ma 01845 105D 162 I Lisa M. Wysocki 851 Forest St. North Andover, MA 01845 105D 176 Dennis Jillson S. & Linda J. 757 Forest St. North Andover, Ma 01845 105D 175 John R. & Annette L. Iannarone 743 Forest St. North Andover, MA 01845 105D 45 Frank L. & Pamela Carnoval I 804 Forest St. North Andover, MA 01845 105D 37 Paul A. Merrill & Elizabeth A. 84 West Main St. Georgetown, Ma 01833 I Nlo INt-UNMA 11UN WAS Ub I AINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSES R'S OFFIC BY: DATE: i Z H SitfATURE, ASSE OR, TAN OF NORTH ANDOVER Required list of parties of interest Page one �_ of . �x+vz�5 I ADDENDUM The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 151.06 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are the subject of a prior and valid variances. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of valid variances. This Board granted two variances. The first variance is dated February 15, 1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This variance granted a frontage and size variance to the subject lot (Plan No. 6757). The second variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these variances, eight (8) separate lots were legally created, including the subject lot. The Building Inspector declined to honor the variances upon the basis that the variances were not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variances were in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Haves, 19 Mass. App. Ct. 399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the variances. Therefore, that variances were properly and irrevocably exercised. The denial of the Building Permit should be overturned. In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a current variance. The premise is unique in the following ways: (i) its size and shape were created by the said prior variance, (ii) it is bounded by a public way, the lot created by the said prior variance, and two (2) unrelated lots. This configuartion prevents expansion of the lot in order to create a conforming lot. Denial of a variance would create a substantial hardhip in that it would not allow the use of the lot for purposes in compliance with the zoning ordiance, and would leave the lot with no economically feasible use. Each of these grounds has been found consitute a hardship under the zoning statute. See Cavanaugh vs. Di umera, 9 Mass. App.Ct. 396, 401-402 (1980), Chater v. Board ofAppeals of Milton, 348 Mass 237 (1964). This relief may be granted without derogating from the purpose of the ordinance in that the resulting use will be consistent with both the neighborhood and in compliance with the allowable uses in the zoning district. The granting of the varinace would not be against public interest in that it would allow a lot which is consistent with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in conformity with the prevous granted variances. For each of these reasons, the Applicant request that the decision of the Building Inspector be overruled, or in the alternative that the Applicant be granted a variance. ADDENDUM The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 150.16 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are the subject of a prior and valid variances. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of valid variances. This Board granted two variances. The first variance is dated February 15, 1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This variance granted a frontage and size variance to the subject lot (Plan No. 7809). The second variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these variances, eight (8) separate lots were legally created, including the subject lot. The Building Inspector declined to honor the variances upon the basis that the variances were not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variances were in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Haves, 19 Mass. App. Ct. 399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the variances. Therefore, that variances were properly and irrevocably exercised. The denial of the Building Permit should be overturned In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a current variance. The premise is unique in the following ways: (i) its size and shape were created by the said prior variance, (ii) it is bounded by a public way, the lot created by the said prior variance, and two (2) unrelated lots. This configuartion prevents expansion of the lot in order to create a conforming lot. Denial of a variance would create a substantial hardhip in that it would not allow the use of the lot for purposes in compliance with the zoning ordiance, and would leave the lot with no economically feasible use. Each of these grounds has been found consitute a hardship under the zoning statute. See Cavanaugh vs. Di umera, 9 Mass. App.Ct. 396, 401-402 (1980), Chater v. Board ofjppeals of Milton, 348 Mass 237 (1964). This relief may be granted without derogating from the purpose of the ordinance in that the resulting use will be consistent with both the neighborhood and in compliance with the allowable uses in the zoning district. The granting of the varinace would not be against public interest in that it would allow a lot which is consistent with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in conformity with the prevous granted variances. For each of these reasons, the Applicant request that the decision of the Building Inspector be overruled, or in the alternative that the Applicant be granted a variance. ADDENDUM The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 150.16 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are the subject of a prior and valid variances. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of valid variances. This Board granted two variances. The first variance is dated February 15, 1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This variance granted a frontage and size variance to the subject lot (Plan No. 7809). The second variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these variances, eight (8) separate lots were legally created, including the subject lot. The Building Inspector declined to honor the variances upon the basis that the variances were not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variances were in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Hales, 19 Mass. App. Ct. 399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the r I- f ~ variances. Therefore, that variances were properly and irrevocably exercised. The denial of the Building Permit should be overturned. In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a current variance. The premise is unique in the following ways: (i) its size and shape were created by the said prior variance, (ii) it is bounded by a public way, the lot created by the said prior variance, and two (2) unrelated lots. This configuartion prevents expansion of the lot in order to create a conforming lot. Denial of a variance would create a substantial hardhip in that it would not allow the use of the lot for purposes in compliance with the zoning ordiance, and would leave the lot with no economically feasible use. Each of these grounds has been found consitute a hardship under the zoning statute. See Cavanaugh vs. Diflumera, 9 Mass. App.Ct. 396, 401-402 (1980), Chater v. Board of Appeals of Milton, 348 Mass 237 (1964). This relief may be granted without derogating from the purpose of the ordinance in that the resulting use will be consistent with both the neighborhood and in compliance with the allowable uses in the zoning district. The granting of the varinace would not be against public interest in that it would allow a lot which is consistent with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in conformity with the prevous granted variances. For each of these reasons, the Applicant request that the decision of the Building Inspector be overruled, or in the alternative that the Applicant be granted a variance. ADDENDUM The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 150.16 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are the subject of a prior and valid variances. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of valid variances. This Board granted two variances. The first variance is dated February 15, 1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This variance granted a frontage and size variance to the subject lot (Plan No. 7809). The second variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these variances, eight (8) separate lots were legally created, including the subject lot. The Building Inspector declined to honor the variances upon the basis that the variances were not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variances were in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Haves, 19 Mass. App. Ct. 399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the variances. Therefore, that variances were properly and irrevocably exercised. The denial of the Building Permit should be overturned In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a current variance. The premise is unique in the following ways: (i) its size and shape were created by the said prior variance, (ii) it is bounded by a public way, the lot created by the said prior variance, and two (2) unrelated lots. This configuartion prevents expansion of the lot in order to create a conforming lot. Denial of a variance would create a substantial hardhip in that it would not allow the use of the lot for purposes in compliance with the zoning ordiance, and would leave the lot with no economically feasible use. Each of these grounds has been found consitute a hardship under the zoning statute. See Cavanaugh vs. Diflumera, 9 Mass. App.Ct. 396, 401-402 (1980), Chater v. Board ofAppeals of Milton, 348 Mass 237 (1964). This relief may be granted without derogating from the purpose of the ordinance in that the resulting use will be consistent with both the neighborhood and in compliance with the allowable uses in the zoning district. The granting of the varinace would not be against public interest in that it would allow a lot which is consistent with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in conformity with the prevous granted variances. For each of these reasons, the Applicant request that the decision of the Building Inspector be overruled, or in the alternative that the Applicant be granted a variance. ADDENDUM The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 150.16 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are the subject of a prior and valid variances. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of valid variances. This Board granted two variances. The first variance is dated February 15, 1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This variance granted a frontage and size variance to the subject lot (Plan No. 7809). The second variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these variances, eight (8) separate lots were legally created, including the subject lot. The Building Inspector declined to honor the variances upon the basis that the variances were not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variances were in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Haves, 19 Mass. App. Ct. 399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the J r variances. Therefore, that variances were properly and irrevocably exercised. The denial of the Building Permit should be overturned. In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a current variance. The premise is unique in the following ways: (i) its size and shape were created by the said prior variance, (ii) it is bounded by a public way, the lot created by the said prior variance, and two (2) unrelated lots. This configuartion prevents expansion of the lot in order to create a conforming lot. Denial of a variance would create a substantial hardhip in that it would not allow the use of the lot for purposes in compliance with the zoning ordiance, and would leave the lot with no economically feasible use. Each of these grounds has been found consitute a hardship under the zoning statute. See Cavanaugh vs. Diflumera, 9 Mass. App.Ct. 396, 401-402 (1980), Chater v. Board of Appeals of Milton, 348 Mass 237 (1964). This relief may be granted without derogating from the purpose of the ordinance in that the resulting use will be consistent with both the neighborhood and in compliance with the allowable uses in the zoning district. The granting of the varinace would not be against public interest in that it would allow a lot which is consistent with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in conformity with the prevous granted variances. For each of these reasons, the Applicant request that the decision of the Building Inspector be overruled, or in the alternative that the Applicant be granted a variance. ADDENDUM The Building Inspector has denied the application of applicant for a building permit upon two (2) basis. The first basis is the subject lot contains one (1) acre, which is less than the two acre area required by the ordinance. The second basis is the lot contains frontage of 150.16 feet, which is less than the 175 feet of frontage required by the ordinance. It is the position of Applicant that Applicant is entitled to relief from this decision because the deficiencies cited by the inspector are the subject of a prior and valid variances. Applicant believes that Applicant is entitled to relief because the subject lot has the benefit of valid variances. This Board granted two variances. The first variance is dated February 15, 1990 and was recorded at Registry of Deeds on February 20, 1990 at Book 3092, Page 316. This variance granted a frontage and size variance to the subject lot (Plan No. 7809). The second variance is dated May 3, 1990 and was recorded at the Registry of Deeds on May 31, 1990 at Book 3115, Page 232. This second variance created the back six lots (Plan No. 11810). Under these variances, eight (8) separate lots were legally created, including the subject lot. The Building Inspector declined to honor the variances upon the basis that the variances were not properly exercised within one (1) year of date of issue. It is the position of Applicant that said variances were in fact properly exercised. The then owner of the lots conveyed various lots in accordance with the variance, including lot 6 on Subdivision Plan No. 11810, to Mary Elizabeth Koontz by Deed recorded on April 30, 1991 at Book 3247, Page 137. The conveyance of that lot borders the subject lot and prevents the subject lot from coming into compliance with the current zoning regulations. The Massachusetts Appeals Court in the case of Hogan v. Haves, 19 Mass. App. Ct. 399, 474 NE 2nd 1158 (1985) held that where a variance has been issued allowing the division of a lot, that the variance is sufficiently and irrevocably exercised by the partition of the property according to the variance. In this case, the subject property was partitioned according to the variances. Therefore, that variances were properly and irrevocably exercised. The denial of the Building Permit should be overturned. In the alternative, the second grounds upon which Applicant seeks relief is the issuance of a current variance. The premise is unique in the following ways: (i) its size and shape were created by the said prior variance, (ii) it is bounded by a public way, the lot created by the said prior variance, and two (2) unrelated lots. This configuartion prevents expansion of the lot in order to create a conforming lot. Denial of a variance would create a substantial hardhip in that it would not allow the use of the lot for purposes in compliance with the zoning ordiance, and would leave the lot with no economically feasible use. Each of these grounds has been found consitute a hardship under the zoning statute. See Cavanau h vis. Diflumera, 9 Mass. App.Ct. 396, 401-402 (1980), Chater v. Board ofAppeals of Milton, 348 Mass 237 (1964). This relief may be granted without derogating from the purpose of the ordinance in that the resulting use will be consistent with both the neighborhood and in compliance with the allowable uses in the zoning district. The granting of the varinace would not be against public interest in that it would allow a lot which is consistent with other lots in the neighborhood, for a use which is allowed under the zoning ordinance, and in conformity with the prevous granted variances. For each of these reasons, the Applicant request that the decision of the Building Inspector be overruled, or in the alternative that the Applicant be granted a variance.