HomeMy WebLinkAboutMiscellaneous - 851 FOREST STREET 4/30/2018 (3)N
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Town of North. Andover. AORTrh
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Streetroe
North Andover, Massachusetts 01845 'Ss„CHU
D. Robert Nicetta.
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
G;
Any appeal shall be filed Notice of Decision r,>
within 20 days after the Year 2003
date of filing of this notice CD
�cn
in the office of the Town Clerk. Property at: 851 Forest Street r, }' =
NAME: Lisa M. Wysocki and Timothy Sheehy HEARING(S): 7/8 & 8/12/0
ADDRESS: 851 Forest Street PETITION: 2003-025
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 Lisa
M. Wysocki and Timothy Sheehy, 851 Forest Street, North Andover requesting a Variance from Section
7, Paragraph 7.3, and Table 2 for relief of front and rear setbacks for a proposed garage; and a Special
Permit from Section 9, Paragraph 9.2 in order to allow the construction of a proposed garage on a pre-
existing, non -conforming lot. The said premise affected is property with frontage on the Southwest side of
Forest Street within the R 1 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P.
McIntyre.
Upon a motion made by Walter F. Soule and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 23.5' from the East side
setback in order to construct an attached 2 -car garage and GRANT a Special Permit from Section 9,
Paragraph 9.2 in order to construct an attached 2car garage on a pre-existing, non -conforming lot per
Variance Plan, 851 Forest Street, North Andover, MA prepared for Timothy Sheehy, date: June 11, 2003,
rev July 30, 2003, by James E. Franklin, PLS #37045, New England Engineering Services, 60 Beechwood
Drive, North Andover., MA; and Garage Plan, 851 Forest Street, North Andover, Massachusetts, prepared
for Timothy Sheehy, date: June 12, 2003, rev: Aug 11, 2003 by New England Engineering Services Inc.,
60 Beechwood Drive, North Andover, Massachusetts. Voting in favor: William J. Sullivan, Walter F.
Soule, John M. Pallone, and Ellen P. McIntyre.
The Board finds that the revised Variance Plan of July 30, 2003 eliminates the need for a front setback
variance and 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, and satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning
Bylaw that such change, extension, or alteration shall not be substantially more detrimental than the
existing structure to the neighborhood.
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 E NORTH
Office of the Zoning Board of Appeals F • ' ' ''
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 Ss.,C„us/
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 2003-025.
Page 2 of 2
Town of North Andover
Board of Appeals,
(VIA
- 1, [ jL
William I S ivan, Chairman
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
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�ssex North C
uunty Reyistry of Deeds
��1 Common Street
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 0184.5
D. 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 8h of July, 2003 at 7:30 PM to all parties interested in the
appeal of Lisa M. Wysocki and Timothy Sheehy, 851 Forest Street, North Andover requesting a
Variance from Section 7, Paragraph 7.3, and Table 2 for relief of front and rear setbacks for a proposed
garage; and a Special Permit from Section 9, Paragraph 9.2 in order to allow the construction of a proposed
garage on a pre-existing, non -conforming lot.
The said premise affected is property with frontage on the Southwest 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.
Published in the Eagle Tribune on June 23 & 30, 2003.
Legalnotice 2003-025.
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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
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TOWN OF NORTH ANDOVER
RECEIPT
This certifies that .... enx-
has paidk50 I V..Ir ....
for ... 00-5-1 ..... Fqt, , el ...... Vj . 15. 6'.........
.................... ... ....
Receivedby ...............................................
Department.... .....................................................................
WHITE: Applicant CANARY: Department PINK: Treasurer
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***************************
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Z. Richard & B. Wysocki
851 Forest St.
*
N. Andover, MA 01845
*
*
*
*
*
***************************
OF NORTH .qti
O y
x �9SSAC`HUS'' M
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
F.n;� ap^^ I s'a.I1 be filed
within ("n) r'�,_: �i'tcr the
date of rinf iiiis Notice
in the Office of the Town
Clerk.
Petition #: 123-88
DECISION
IV
APR 19RR
�%'ORTH AN'DOVER
BUILDING DEPT.
The Board of Appeals held a public hearing on April 12, 1988 on the application
of Z. Richard & Barbara Wysocki requesting a variance from the requirements of
Section 7, Paragraph 7.1 of the Zoning ByLaw so as to permit change in lot line
in order to construct home for daughter and son-in-law within a wetland area 10%
more than permitted on the premises located at'851 Forest Street. The following
members were present and voting: Frank Seiro, Jr., Chairman, Augustine Nickerson,
Clerk, Walter Soule, Raymond Vivenzio. William Sullivan abstained.
The hearing was advertised in the North Andover Citizen on March 17 and March 24,
1988 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted to
GRANT the variance as requested. Voting in favor were Mr. Vivenzio, Mr. Soule,
Mr. Serio and Mr. Nickerson. Mr. Sullivan abstained.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.4 of the Zoning ByLaw and the granting of this variance in particular
will not derogate from the intent and purpose of the Zoning ByLaw nor will it
adversely affect the neighborhood.
Dated this 14th day of April, 1988
BOARD OF APPEALS
U
Frank Serio, Jr. �a
Chairman
/awt
I%e-Lu IrL
w._ 6`;ny app -al shai!I be filed
,Zph'\'Ji1`i�itl (! n) �� S c:;i i the
1855
�i '��qss ....•�� c.af cr ii;rt of 't;.. (otic
p► gCHtSg {� in the Office of. the Town
TOWN OF NORTH ANDOVER Clerk.
MASSACHUSETTS
BOA►RA OF APPEALS
NOTICE OF RECISION
Z. Richard & B. Wysocki
851 Forest St. Date . Apr-il .14,. 1.9.88 ...........
N. Andover, MA 01845
Petition No....123-88 .......................
Date of Hearing.. Ap r i 1 12, 1988
Petition of ... Z.. Richard. & .B..Wyso.cki.................................................
Premises affected ..851. For -est .St. ...................................................... .
Referring to the above petition for a variation from the requirements of OW Section . 7, • • • .
Paragraph -7.1 -.of -the -Zoning ByLaw................................................
so as to permit . change in lot lines -in order to- construct. home -for - daughter. and -son-
in-law within a wetland area 10% more than permitted.
.........................................................................................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT...... the
. , .. variance. ......... _ and hereby authorize the Building Inspector to issue a
permit to ..... Z.,..Richard & B. Wysocki. .. . . ... .............................. * '
for the construction of the above work,'sXfoYfHliditTX
Signed -�
.... Frank .Serio.,..J . , . Chairman...... .
...... Au.gustine. N-i.ckerson.,..C1erk.... .
...... Wa.l.t.er.. Soule. - - .' I ................
.....Raymond-Vivenzio .
William-Sul-livan(abstained)...
Board of Appeals
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Legal Notice
TOWN OF NORTH ANDOVER
} MASSACHUSETTS
BOARD OFAPPEALS
NO I ICE
March 10, 1988
c ..�'• ''' " �, Notice is hereby given that
►- p the Board of Appeals will give
* a hearing at the Town
M °or
Building, North Andover, on
Tuesday evening the 12 day of
ss�cr+us April 1988, at 7:30 o'clock, to
all parties interested in the ap-
peal of Z. Richard & Barbara Wysocki requesting a variation
of Sec. 7, Parag. 711 of the Zoning By Law so as to permit
change in lot lines in order to construct home for daughter
and son-in-law within a wetland area 10% more than per-
mitted on the premises located at 851 Forest St.
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish in North Andover Citizen March 17 and March 24,
1988 51904-5
C' 0g'EEeT'P p CO Py
street, Win Anoover, MA on the Notice of Intent of vnii
Ragusa, Trustee, Miano Realty Trust to alter land at Parcel
#28 and Parcel #41 off Salem Street for purposes of
development of 21 Townhouses and 4 lots.
Pians are available at the Copservation Commission Office,
Town Building, 120 Main Street, North Andover, MA on
weekdays, from 8:30 to 4:30 P.M. and by appointment.
BY: Jack Lindon
Chairman, NACC
Publish North Andover Citizen, March 24, 1988 53109-0
Legal Notice
TOWN OF NORTH ANDOVER
PLANNING BOARD
Chapter 40A Section 5, upo
March 15,1988
Notice is hereby given that
the North Andover Planning
Board will hold a Public Hear-
ing on Thursday evening, April
7, 1988, at 8:30 p.m. in the
Town Hall, Selectmen's
Meeting Room, pursuant to
the provisions of M.G.L.
n a proposal of the North An-
ZZ Legal Notice
TOWN OF NO iH 4►NDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
3? •s'; '� ` a• . o� . March 10, 1988
h i- A . Notice is hereby given that
the Board of Appeals will give
a -m # a hearing at the Town
Building, North Andover, on
Tuesday evening the 12 day of
S�CHU April 1988, at 7:30 o'clock, to
all parties interested in the ap-
peal of Z. Richard & Barbara Wysocki requesting a variation
of Sec. 7, Parag. 711 of the Zoning By Law so as to permit
change in lot lines in older to construct home for daubhter
and son-in-law within a 10% wetland areaton the premises
located at 851 Forest St.
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish in North Andover Citizen March 17 and March 24,
1988 51904-5
r diC11W VI 1.1111U1 x:11 VV11V VY111 — --
ting into kindergartW programs offered
y th'e N'ortt Andover' `Public `Scfioo"Is
his next fall are invited to attend an
rientation and registratipn night this
Wednesday, March 23.
The program will begin at 7 p.m. in
Veteran's Auditorium at the Middle
School on Main St. A film on child
development titled "Ready or Not Here
I Come" will be shown.
Children must be five years old by
September 1, 1988, and pass a
"readiness evaluation" to enter the
egu'lar kin4ergarten program held at
he Bradstreet Early Childhood Center
n Main St. Programs, for younger
hildren with speciai learning problems,
full-day kindergarten program and a
re -first erade class are available as
Legal Notice
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
�•'',-�+:,�. °a March 10, 1988
Notice Is hereby given that
the Board of Appeals will give
i - jp a hearing at the Town
Building, North Andover, on
0 Arco Tuesday evening the 12 day of
ss^cHU April 1988, at 7:30 o'clock, to
all parties interested in the ap-
peal of Z. Richard & Barbara Wysocki requesting a variation
of Sec. 7, Parag. 711 of the Zoning By taw so as to permit
change in lot lines in order to construct home for daughter
and son-in-law within a wetland area 10% more than per-
mitted on the premises located at 851 Forest St.
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish In North Andover Citizen March 17 and March 24,
1988 - 51904-5
C?0,"C-CT Fp COP)/
Legal Notice
-� -.TOWN OF_.NOK#-ANDOWji*_
MASSACHUSETTS u
BOARD AF APPEALS
: NOTICE -
NORTry.1 y:. �,
O N • ti
r .•'' *• ,• �O -' March 10, 1988?
3� w Notice is hereby F f p y given that
the Board of Appeals will givc;'
a hearing at the Town '
�.: ° • Building, North Andover, on.,
"AT$ V •'��(�' Tuesday evening the 12 day of
S�C►+us April 1988, at 7:30 o'clock, to
all parties interested in the ap-
peal of Z. Richard 8 Barbara Wysocki requesting a variation
of Sec. 7, Parag. 711 of the Zoning By Law so as to permit
change in lot lines in order to construct home for daughter.)
and son-in-law within a 10% wetland area owthe premises,
located at 851 Forest St., '`' $'
?3r! By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish in North Andover Citizen, March 17rand March 24,
1988 511'994-5!
,�-: APRILI"
,!O-; 1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
... March..1.0. 19. 88
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on .Tuesday evening
....... .... the .12.. day of .. Apri.l..........
19 88 , at 7: 30'elock, to all parties interested in the appeal of
Z.Richard. &. Barbara. Wysocki ....
I
requesting a variation of Sec.. 7 , . Parag . 711 ... of the Zoning
f
By Law so as to permit. change. .in. lot, lines .in order ,to
construct home for daughter and son=in=law
within. a.'wetland. area.
on the premises, located at.. .851 Forest .St.............
By Order of the Boar of Appeals
Frank Serio, Jr: C�fiairman
Publish in the N. A. Citizen on March 17 & March 24, 1988
t l
3
I
BERNARDIN & BERNARDIN
ATTORNEYS AT LAW
346 NORTH MAIN STREET
ANDOVER, MASSACHUSETTS 01810
FERNAND A. BERNARDIN
(1932-1986)
RENE R. BERNARDIN
(1946-1987 RET.)
DAVID F. BERNARDIN
Zoning Board of Appeals,
North Andover Town Hall,
North Andover, Massachusetts
March 2, 1988.
Attention: Ms. Audrey W. Taylor, Zoning Board Secretary
Dear Ms. Taylor:
AREA CODE 617
TELEPHONE 470-3270
RE: Zoning Variance
Richard Wysocki and Barbara Wysocki
851 Forest Street, No. Andover
I am enclosing herewith the following documents:
1. Zoning Application in five counterparts.
2. My draft payable to the Town of North Andover in the amount
of $25.00.
3. My draft payable to the North :,Andover Citizen in the amount
of $45.00.
I understand that the prints that you have on
hand are sufficient.
Very truly u s,
DFB/ea
Encs. DAVID F. BERNARDIN
^ OFFICES OF:
APPEALS
BUILDING
CONSERVATION
nEucrn
PLANNING
Town of |zoMain Street
���-�0�'�`�� ����0�>�l�������
North Andover,
^����~��� ANDOVER
��=� ^uaasachusetiao/o4s
DIVISION OF (617) 685-4775
PLANNING DNG & COMMUNITY DEVELOPMENT `
KNW,N|U".ME|,So)N.UD{G(-[()8
. ME�ORANDUM
`
TO: Board of Appeals
FROM: Scott A. Stockingr~~��P1anner
DATE: March 30, 1?88
RE: Variance of Section 7'L
851. Fo,est Street
In reviewing thi� apolication, it appears the "intent" of Section
7.1 is not violated by this variance request. The purpose of Section
7.1 is to prevent very 'vjet' lots from construction activity which may
impact the wetlands- Ths regul*tions also prevents lots from being
divided by \arge or successive areas of wetlands between the structure
and the road which wou1d repeated wetland crossings.
Received by Town Clerk:
I
I
RECEIVED
I -OWN CLERK
f NORTH ANDOVER
TOWN OF NORTH ANDOVER, MASSACHU T,
BOARD OF APPEALS HaR
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
I
Z. Richard Wysocki 851 Forest Street
Applicant Barbara Wysocki Address North Andover, MA
1. Application is hereby made:
a) For a variance from the requirements `of Section 7 Paragraph 7.1
j AJDAIxN'N x(k of the Zoning By Laws.
b) For a Special Permit under Section _Paragraph of the. Zoning
By Laws. --
C) As a Party Aggrieved,!for review of a decision made by the
. Building Inspector or'other authority.
2. a)
Premises affected
are
.land x -and building(s) X_number,ed
851 Forest Street,
North Andover Street.
b)
Premises affected
are
property with frontage on the North ( )
South (x) East ( )
West
( ) side of Forest
-
Street, and known
as
No. 851 Forest Street Street.
----- ---
(Zone 2)---
c)
Premises affected
are
in Zoning DistrictR-1 , and the premises
affected have an area
of100L000-square feet and frontage of
affix- 150'
&
173' respectively.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):'
Z. Richard Wysocki and Barbara Wysocki
Date of Purchase 1969 Previous Owner -Jane S. Watson
b) If applicant is not owner, check his/her intergst in the premises:
Prospective Purchaser-
.b i.
a iJ
nil: !R
e+ria
ATTACHMENT "A"
The topography and wet conditions of old configu-
ration of former Lot 9A make it impossible to build except
in accordance with this subdivision plan. The lot with the
existing house, as present plans submitted will have suffi-
cient upland (80%) but the lot for the new proposed dwelling!
as present plan shows 10% more wetland (35% instead of 25%)
than permitted by the By -Laws since 1986. It is a hardship
for us to maintain this land and be deprived of the chance
to build because of the wetness and shape of these contiguous
parcels.
Y
ATTACHMENT "B"
ABUTTERS
Name Address
Z. Richard Wysocki &
Barbara Wysocki 841 Forest Street, North Andover, MA
Z. Richard Wysocki &
% Barbara Wysocki 851 Forest Street, North Andover, MA
Beachwood Builders, Inc. 350 Massapoag Avenue, Sharon, MA
Robert A. Goldschneider &
Roberta E. Goldschneider Laconia Circle, North Andover, MA
/Mainline Development Realty Trust
Att.Richard J. Kimell,Tr. 500 Essex Street, Lawrence, MA
U/ William J. Hamel &
Deana J. Hamel 805 Forest Street, North Andover, MA
Roscoe A. Gilbert &
Anne M. Gilbert 701 -Forest Street, North Andover, MA
/ Elizabeth A. Merrill &
Paul A. Merrill 84 West Main Street, Georgetown, MA
William F. Landry &
Lana J. Landry 804 Forest Street, North Andover, MA
Robert A. Watson &
/ Jane S. Watson 876 Forest Street, North Andover, MA
t/ R. Fowler &
G. Courtemarche 20 Fox Run Drive, Tewksbury, MA
avid Balch &
Barbara Balch 135 Laconia Circle, North Andover, MA
Jane S. Wysocki 876 Forest Street, North Andover, MA
PLANNING BOARDS
---------------
Planning Board, Town of North Andover
Planning Board, Town of Andover
Planning Board, City of Haverhill
Planning Board, Town,of Middleton
Planning Board, Town of North Reading
Planning Board, Town of Boxford
Planning Board, City of Lawrence
Planning Board, Town of Methuen
C
C?�
hNescription of relief sought on this petition W6:• need permission to
build a home for our daughter and son-in-law accor,c�ing to the most
efficient configuration that the engineer could de'dise, to change the iot•.
�
'lines . ---- -------
8 Deed recorded in the Registry of Deeds in Book 1155 Page 588
Land Court Certificate No.. r Book Page
.
':;'The principal points upon which I base my application are as follows:
(must be. stated in detail)
SEE ATTACHED "A" •fir.
i
'I agree to pa the fi 'ng fee, advertising in newspaper, and incidental
expenses* -
+! Signature of Pet ti
Every application for action'by the Board shall be made on a form approved
by.•the Board. These forms shall be furnished by the Clerk upon request.
' Any communication purporting to be an application shall be treated as mere
notice of* intention to seek relief until such time -as it'is .made on the
official application form. All information called for by the form shall
be furnished by the applicant in the mannerthere-in,.%Trescribed.
Every -application shall be submitted with a list of -,"Parties In Interest".
which list shall include .the petitioner,.abutters, owners of land directly
opposite on any public or private street or way, and abutters to the
abutters-within'three hundred feet (300'.) 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 cit or town.
*Every application shall be submitted with an application charge cost kin
-the amount - of •$2.5.00. In addition, the petitioner shall be responsible
-for •anyand all costs involved in bringing the petition before the Board.,:;,.
Such -costs shalt include mailing and publication, but are not necessarily."..:.,,
limited to these.
Every application shalt be submi.tted with a plan of land approved by the
Board.- No petition will be brought before the Board unless said_.nLar-�---
been submitted. Copies of the Boa_r_d' G- rte --
attached
V-
(C
tn.v to :W_
Ui C) t ,
,• J . �' G7
LU -j V -•!
C-) W_ :X Qn
wZ:x�-
CCQCh
O► -Q `?
a �
Z. Richard & B. Wysocki
851 Forest St.
N. Andover, MA 01845
o• `�`oR�A'o
F. MAIL?"
4•., 1855 .
�. sacrru i.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
r,ny appeal shall be filed
mrt?r the
ciat Cf (i: jl 0f 't!JS I`JUtiCe
in the Office of the Town
Clerk.
Date . Ap.r.il .14, . 1.9.88 ...........
Petition No... _ 123-88 ...................
Date of Hearing .. Ap r i 1 12 , 19 8 8
Petition of ... Z_.Richard. & B. Wysocki .......................... I ......... I ............
Premises affected ..851. For.es t . S t . .....................................:................ .
Referring to the above petition for a variation from the requirements of the Section • 7,
Para.g.raph.7.1• of •the. Zoning Bye,aw..................................................
so as to permit change in lot - lines in order -to. construct. home -€or• daughter. and -son-
. in-law within a wetland area 10% more than permitted.
...........................................................I.........................:.
After a public hearing given on the above date, the Board of Appeals voted to .GRANT...... the
_.variance .... .... and hereby authorize the Building Inspector to issue a
permit to ..... Z.,..Richard &.B, Wysocki .............................................. .
for the construction of the above work, l'sYfxi�foilbHfidfiX
Signed /
..... Frank .Serio.,..J . , . Chairman...... .
....... Au.g.ustine. N.i.ckerson.,..Clerk.... .
... ... Wa.l.ter.. Sou.le... ! ....... • ......
..... Raymond.Vive.nzio...............
William-Sul•livan(abstained) ••
Board of Appeals
I
TOWN
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Dear Applicant:
0
Date:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ for the following:
Filing Fee $ D�/�
Postage $ (f 0 \
Your check must be made payable to the.Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
Audrey Taylor, Clerk
t
.'*► RECEIVED
DANIEL LONG
iOYIN CLF-RKNORT"
NORTH! Atb[}DYER o�
do
.og p
FEB 1 9 27 A� ** r:
gf�SSAC NUSE��y +
Z. Richard Wysocki &
Barbara Wysocki
851 Forest St.
N. Andover, MA 01845
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition: 4110-88
DECISION
The Board of Appeals held a public hearing on December 8, 1987, January 12, 1988
and February 9, 1988 on the application of Z. Richard Wysocki and Barbara Wysocki
requesting a variation_ from the requirements of Section 7, Paragraph 7.3 and
Table 2 of the Zoning ByLaw so as to permit a change in the lot lines to create
a buildable lot for possible use by daughter and family on the premises located
at 851 Forest Street. The following members were present and voting: Frank Serio,
Jr., Chairman, Alfred Frizelle, Vice-chairman, Walter Soule, Anna O'Connor and
Louis Rissin.
The hearing was advertised in the North Andover Citizen on November 19 and on
November 26, 1987 and all abutters were notified by regular mail. .
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted,
unanimously, to GRANT the variance as requested. The size and shape of the lot
would have been buildable prior to the new Bylaw changes, thereby creating a
hardship for the petitioner.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not
derogate from the intent and purpose of the Zoning ByLaws nor will it adversely
affect the neighborhood.
Dated this 12th day of February, 1988.
/awt
BOARD OF APPEALS
Frank Serio, Jr.@.
Chairman
--:,asserts v1 &aYFULO&O
RECEIVED�
'
DANIEL LOPS<}U[
TOYIN
NDRIPI AtBC)OVER
p� •E ,.,, oL
I 9 27
32 yt,
FEB
�9ssAcfNuSEt�y
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
Z. Richard Wysocki &
*
Barbara Wysocki
851 Forest St.
*
N. Andover, MA 01845
*
****************************
I
'\
v `1
J�
Petition: #110-88
DECISION
The Board of Appeals held a public hearing on December 8, 1987, January 12, 1988
and February 9, 1988 on the application of Z. Richard Wysocki and Barbara Wysocki
requesting a variation from the requirements of Section 7, Paragraph 7.3 and
Table 2 of the Zoning ByLaw so as to permit a change in the lot lines to create
a buildable lot for possible use by daughter and family on the premises lo(..�-ted
at 851 Forest Street. The following members were present and voting: Frank Serio,
Jr., Chairman, Alfred Frizelle, Vice-chairman, Walter Soule, Anna O'Connor and
Louis Rissin.
The hearing was advertised in the North Andover Citizen on November 19 and on
November 26, 1987 and all abutters were notified by regular mail. _
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted,
unanimously, to GRANT the variance as requested. The size and shape of the lot
would have been buildable prior to the new Bylaw changes, thereby creating a
hardship for the petitioner.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not
derogate from the intent and purpose of the Zoning ByLaws nor will it adversely
affect the neighborhood.
Dated this 12th day of February, 1988.
/awt
BOARD OF APPEALS
Frank Serio, Jr.'AC1
Chairman
No;rrH
DA111a LONG Ora -t
NO fik{ At i.tDVCi APR s�
s•
s 2? aM'88 ��ssgCHO!
Z. Richard Wysocki
Barbara Wysocki
851 Forest St.
N. Andover, MA 01845
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
December 8, 1987 & January 12,'88
Date .. February. 12, 1988
Petition No........ 110-88
Date of Hearing.. February 9,. 1988
Petition of .Z, . Richard . and. Barbara. Wysocki....... .
........................
Premises affected .8.51 , Fo r e s.t . S t .. . . . . .. . . . ... . ... . . ..................:................ .
Referring to the above petition for a variation from the requirements of two $ e c tion . 7 , ... , . .
Paragraph 7.3 and Table 2 of the Zoning ByLaw
..........................................................................................
so as to permit change. in. l.o.t lines. to .create. .a .build.able . lot. .£ar . poss-ible .use. by. .
daughter and family
........................................................................................
After a public hearing given on the above date, the Board of Appeals voted to .GRANT...... the
.variance .a s .r....equested . .. and hereby authorize the Building Inspector to issue a
.................
Permit to . - Z. . Richard . &- Barbara- Wysocki ..............................................
for the construction of the above work, based upon the following conditions:
Signed
Frank Serio - -Jr-.,�hairman, ......
Alfred. Fr.izelle,,Vice-Chairman.......
Walter. Soule ..........................
Anna O'Connor
.......................................
Louis Rissin
..................................
Board of Appeals
u
Legal Notice
TOWN OF NORTH ANDOVER ' l;
MASSACHUSETTS
BOARD OF APPEALS
NOTICES
, ;- -e �ti ` November 17, 1987
�.;. o Notice is hereby given that
° 1. the Board of Appeals Will give
7° a hearing at the` Towri
Building, North Andover; on
Tuesday evening the.8th day
�SSAcMusE�t� of December, 1987, at 7:30
o'clock, to all parties In-
terested in the appeal of Z. Richard & Barbara Wysocki re- .
questing a variation of Sec. 7, Parag. 7.3 & Table 2 of the
Zoning By law so as to permit change in lot lines to create a
buildable lot for possible use by daughter and family. ori the
premises located at 851 Forest Street.
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish in North Andover Citizen November 19 and
November 26, 1987 43241-2
Legal Notice.
VN OF NORTH ANDOVER
MASSACHUSETTS
BOARD 0 APPEALS
NOTICE
4.
November 17, 1987
o Notice is hereby given that
° , the Board of Appeals will give
*
is a hearing at the Town
Building, North Andover, ' on
Tuesday eveoing the 8th day
ass^CHus�� of December, 1987, at 7:30
o'clock, to all parties In-
terested in the appeal of Z. Richard & Barbara Wysocki re-
questing a variation of Sec. 7, Parag. 7.3 & Table'2 of the
Zoning By Law so as to permit change in lot lines to create a
buildable lot for possible use by daughter and famihy,on the
premises located at 851 Forest Street.
By Order of the Board of Appeals
Frank Seno, Jr., Chairman
Publish in North Andover Citizen November 19 and
November 26, 1987 43241-2
Legal Notice
TOWN OF NORTH ANDOVE� "
MASSACHUSETTS,
BOARD OF APPEALS 's
NOTICE
o� a 1+ November 17, 1987
�? : •. °o Notice is hereby given that
° - the Board of Appeals will give
♦ n a hearing at the Town
Building, North Andover, on
Tuesday evening the 8th day
asS CHUs�� of December, 1987, at 7:30
o'clock, to all parties in-
terested in the appeal of Z. Richard & Barbara Wysocki re-
questing a variation of Sec. 7, Parag. 7.3 & Table 2 of the
Zoning By law so as to permit change in lot lines to create a
buildable lot for possible use by daughter and family on the
premises located at 851 Forest Street. 6
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish in North Andover Citizen November 19 and
November 26, 1987 43241-2
Legal Notice
TOWN OF NORTH ANVVER
MASSACHUSETTS
BOARD. OF APPEALS
NOTICE
01 November 17, 1987
3 U Notice is hereby given that
A
° M the Board of Appeals will give
7D a hearing at the Towri
!� �o := r• ; Building, North Andover, on
,�' ;�=�-• " Tuesday evening the 8th day
SSS^CHUS�� of December, 1987, at 7:30
o'clock, to all parties in-
terested in the appeal of Z. Richard & Barbara Wysocki re-
questing a variation of Sec. 7, Parag. 7.3 & Table 2 of the
Zoning By Law so as to permit change in lot lines to create a
buildable lot for possible use by daughter and family on the
premises located at 851 Forest Street.
By Order of the Board of Appeals
Frank-Seno, Jr., Chairman
Publish in North AndoVer Citizen November 19 and
November 26, 1987 43241-2
PERFECT PORTRAIT— Constance
\§\<s
PERFECT PORTRAIT— Constance
�oRra6vr "•`
APRILM '
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
November. 17 19.8.7
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on Tuesday
.evening......... the ..$th day of .. December
19. 87, at.7:.36'clock, to all parties interested in the appeal of
.Z..Richard.&.Barbara.Wysocki...,.................. .
requesting a variation of Sec.. 7 .. Pa.rag ..7.3 ... of the Zoning
& Table 2
By Law so as to permit ................ I ................. .
change. .in. lot. lines . to. create. a. buildable. lot. f. or
.possib.le .use. by..daughter. and . family• ............. .
........................ 1......................I......
..........................................
on the premises, located at ... .8.51-Forest..Street ..........
......................................... I...........
By Order of the Board of Appeals
Frank Seri9, Jr. Chairman
Publish in N. A. Citizen on Novemb�Y 19 and November 26, 1987
A
CP
.14-) 0 - j -20
OF 10RrhS
"
OFFICES OF: 03 °" �a Town of
APPEALS
r' NORTH ANDOVER
BUILDING ;9'`^• ='o=
CONSERVATION geq�"Og�s DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
January 8, 1988
TO: Zoning Board of Appeals
FROM: Nancy Sullivan
Conservation Administrator
RE: 851 Forest Street
120 Main Street
North Andover,
Massachusetts O 1845
(617) 685-4775
I have reviewed the plans as submitted and conducted a site walk,to verify the
delineation of the resource area as shown on the plans. The resource area has been
accurately flagged on the site and accurately placed on the plan as submitted.
If you have any further questions, please feel free to contact me.
S cerely,
Nancy Sullivan
Conservation Administrator
of aORTry,
Town of I2() Malin Street
North Andover,
MassNORTH ANDOVER North Andsettsover,
o 1846
�Ss4eHusDIVISION OF (617) (585-4775
PLANNING & COMMUNITY DEVE'LOPMEN'T'
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO: Board of Appeals
FROM: Scott A. Stocking,"X�Planner
DATE: December 17, 1987
RE: 851 Forest Street - Lot 9 and 9A
Upon meeting with applicant, Mr. David Timple, I have
determined that the two lots cited above do infact contain
wetlands as shown in the Equestrian Estates Subdivision Plan.
Therefore, the two issues which need to be resolved are as
follows:
1. The applicant's surveyor must stake the location of
the wetlands on the site and have it varified by the
NACC. Upon varification by the NACC the surveyor
needs to state if the new lots created by the proposed
changes meet the Town's CBA Requirements. If they do
not, the applicant needs to apply for a variance on the
Town's CBA Regulations.
2. The Board, should it see fit to grant the variance
needed by the applicant, a condition should be
placed on its decision to move the driveway to be
used to access the new house as far from the
intersection of Forest Street and Laconia Circle
as pobsible for reasons of public safety.
Upon resolution of the two issues outlined above, the
applicant has been notified to submit a Form A Plan to the
Planning Board. Upon action by the Planning Board on the
Form A Plan and a favorable decision by your Board, the
applicant would then have a buildable lot under the Town's
Bylaw. Should you require any additional assistance in this
matter please contact me.
cc: NACC
Building Inspection
David Bernardin, Counsel for applicant
I'
OFFICES OF:
`lU 7
APPEALS
BUILDING
CONSERVATION
HFAI: IA
PLANNING
of aORTry,
Town of I2() Malin Street
North Andover,
MassNORTH ANDOVER North Andsettsover,
o 1846
�Ss4eHusDIVISION OF (617) (585-4775
PLANNING & COMMUNITY DEVE'LOPMEN'T'
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO: Board of Appeals
FROM: Scott A. Stocking,"X�Planner
DATE: December 17, 1987
RE: 851 Forest Street - Lot 9 and 9A
Upon meeting with applicant, Mr. David Timple, I have
determined that the two lots cited above do infact contain
wetlands as shown in the Equestrian Estates Subdivision Plan.
Therefore, the two issues which need to be resolved are as
follows:
1. The applicant's surveyor must stake the location of
the wetlands on the site and have it varified by the
NACC. Upon varification by the NACC the surveyor
needs to state if the new lots created by the proposed
changes meet the Town's CBA Requirements. If they do
not, the applicant needs to apply for a variance on the
Town's CBA Regulations.
2. The Board, should it see fit to grant the variance
needed by the applicant, a condition should be
placed on its decision to move the driveway to be
used to access the new house as far from the
intersection of Forest Street and Laconia Circle
as pobsible for reasons of public safety.
Upon resolution of the two issues outlined above, the
applicant has been notified to submit a Form A Plan to the
Planning Board. Upon action by the Planning Board on the
Form A Plan and a favorable decision by your Board, the
applicant would then have a buildable lot under the Town's
Bylaw. Should you require any additional assistance in this
matter please contact me.
cc: NACC
Building Inspection
David Bernardin, Counsel for applicant
OFFICES OF:
APPEALS
BUILDING
CONSERVATION
HEALTH
PLANNING
4 NOR T/�
O ,y
3� Town of
Q m
n
r' NORTH ANDOVER
seAC.0 ` DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIItEC'I'OR
Ur�"'�. December 14, 1987
�" 17
TO: Zoning Board of Appeals
FROM: Nancy J. Sullivan, Cons. Administrator
NJS/mlb
RE: 851 Forest Street - Lot 9 and 9A
120 Main Street
North Andover,
Massachusetts 01845
(617) 685-4775
w.
.
I LStA
I have conducted a site visit and found that a resource area does
exist on the lots in question. I have some concerns as to whether
the lots, once newly divided would meet the 757 CBA requirements.
I would suggest that a plan be submitted indicating the boundaries
of the resource area on the site for your review.
I would be happy to comment on the newly submitted plans or to take
a site walk to verify the boundary as presented.
K, RF -N 11.1'. N1__-'1 -SON, 1 )1I tl :C 'Oil
MEMORANDUM
TO: Board of Appeals /
FROM: Scott A. Stocking,drf Planner
DATE: December 1, 1987
RE: 851 Forest Street, Lot Area Variance
Setback Variance
This proposal calls for changes in the configuration of
two existing lots, 9A and 9, as shown on the Assessors Map
which is attached. The applicant is attempting to create two
new lots which will be smaller than allowed by zoning and not
allow sufficient room for a sideyard setback for a proposed
structure.
In fact, this application asks the Board to approve a
total of 3 variances.
1. Two new lots with less than the required lot area, and
2. Lot 9C would require a 10' setback variance for proposed
structure.
Proposed Required Under R-1 Variance Requested
Lot 9B 49,869 sq.ft. 87,120 sq.ft. 37,251 sq.ft.
9C 49,869 sq.ft. 87,120 sq.ft. 37,251 sq.ft.
9C Setback 20' 30' 10'
The applicant has two existing lots of record which are
grandfathered from the requirements of the R-1 Zoning District.
(2 acres). The applicant is seeking to change the existing lots
into two new lots and to allow them through the Board granting
variances to remain grandfathered under the R-2 Zoning District.
(1 acre lots).
Staff dislikes "pork chop" lots under the Form 'A' process
since it is often an attempt to avoid the intent of the Town's
Regulations and/or subdivide property without going through the
Subdivision Review Process with the Planning Board.
In order for the Board to grant these variances they must
find a compelling hardship, which renders this property unbuildable
under its present configuration. In staff's opinion the existing
lots are grandfathered and are situated to allow a house to be
constructed on Lot 9A, and the existing house remain on Lot 9.
" NOwI-
01'[=ICES OI':
o °m o
Tow�I of
I20 MF)i11 Stl'U('1
North An(iOVer,
APPEALS•
<
hTURTH AI"+ DOVER
131.11LDING
;'':;;'o .: y ,"
,SSgCMUSERR
M;)SSt:1C111)SCttS 01845
CONSERVATION
DIVISION (A
(617) (385-4775
HEALTH
PLANNING
PLANNING
& COMMUNI'T'Y DEVELOPMENT'
K, RF -N 11.1'. N1__-'1 -SON, 1 )1I tl :C 'Oil
MEMORANDUM
TO: Board of Appeals /
FROM: Scott A. Stocking,drf Planner
DATE: December 1, 1987
RE: 851 Forest Street, Lot Area Variance
Setback Variance
This proposal calls for changes in the configuration of
two existing lots, 9A and 9, as shown on the Assessors Map
which is attached. The applicant is attempting to create two
new lots which will be smaller than allowed by zoning and not
allow sufficient room for a sideyard setback for a proposed
structure.
In fact, this application asks the Board to approve a
total of 3 variances.
1. Two new lots with less than the required lot area, and
2. Lot 9C would require a 10' setback variance for proposed
structure.
Proposed Required Under R-1 Variance Requested
Lot 9B 49,869 sq.ft. 87,120 sq.ft. 37,251 sq.ft.
9C 49,869 sq.ft. 87,120 sq.ft. 37,251 sq.ft.
9C Setback 20' 30' 10'
The applicant has two existing lots of record which are
grandfathered from the requirements of the R-1 Zoning District.
(2 acres). The applicant is seeking to change the existing lots
into two new lots and to allow them through the Board granting
variances to remain grandfathered under the R-2 Zoning District.
(1 acre lots).
Staff dislikes "pork chop" lots under the Form 'A' process
since it is often an attempt to avoid the intent of the Town's
Regulations and/or subdivide property without going through the
Subdivision Review Process with the Planning Board.
In order for the Board to grant these variances they must
find a compelling hardship, which renders this property unbuildable
under its present configuration. In staff's opinion the existing
lots are grandfathered and are situated to allow a house to be
constructed on Lot 9A, and the existing house remain on Lot 9.
S
Page 2:
Attached are the Conservation
do not show any wetlands on these
contains "wet conditions".
Commission Wetland Maps which
two lots, which the applicant says
Additional problems also occur
first the new lots would fall into
Area Requirements and second, where
for the structure on Lot 9C which
hazard to traffic on Forest Street
if the variances are granted,
the Town's Contiguous Buildable
would a driveway be located
would not present a traffic
and Laconia Circle?
Upon staff visiting the site, the existing topography found
on Lot 9A does not appear to be a major problem in placing a
house on the site. Other areas in Town have presented a much more
severe slope problem, which have been addressed by good siting
of the structure. In short, staff does not view the applicant as
having a sufficient hardship to grant major variances of this type
to allow "pork chop" lots.
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RECEIVED
BERNARDIN & BERNARDIN IYA k l E L LONG
TOWN CLERK
ATTORNEYS AT LAW NORTHANDOVER
946 NORTH MAIN STREET '
Te
FERNAND A. BERNARDIN
(1932-1986) (j (J ANDOVER, MASSACHUSETTS 0181dAN �.� 2 toy, T
RENE R. BERNARDIN
(1946-1987 RET.) January 12 , 1988.
DAVID F. BERNARDIN
Zoning Board of Appeals,
North Andover Town Hall,
North Andover, Massachusetts.
Attention: Ms. Audrey W. Taylor
RE: Zoning Variance
Wysocki-Timpe,
851 Forest St., North Andover
Dear Ms. Taylor:
1
AREA CODE 617
TELEPHONE 470-9270
At the Zoning Board hearing last month on the above Ap-
plication the Board was kind enough to defer action for a month,
that is until this month's meeting which is scheduled for January
12, 1988, to allow the applicants to research the possibility of
building upon the lots as originally laid out.
We have been looking into the situation through the Conser-
vation Office and with our engineer, but have not yet been able
to complete the engineering. Our engineer does assure us that
he will have the required work done in advance of the next Zoning
Board meeting.
May I impose upon you therefore, to bring this to the atten-
tion of the Board and to have action further continued until next
month's meeting.
I would also appreciate receiving a notice when that meeting
h.as been scheduled.
Many th.anks for your assistance.
Y rsA.Bernardin
truly,
DFB/ea David
OF NORTH qti
�d
O
a �
SSA US
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 14, 1988
Bernardin & Bernardin
Attorneys at Law
346 North Main Street
Andover, MA 01810
Attention: David F. Bernardin
RE: Zoning Variance
WYSOCKI-TIMPE,
851 Forest St., North Andover, MA
Dear Mr. Bernardin:
In reply to your letter dated January 12, 1988 regarding your request
for a continuance of the public hearing for the Wysocki petition, the
Board voted, unanimously, to continue this hearing until our meeting
on February 9, 1988. This meeting will be held in the Selectmen's
Meeting Room at 7:30 p.m.
If you have any questions regarding this matter, please call our office
at 683-7105 during morning hours. Thank you.
Sincerely,
Audrey W. Taylor, Secretary
BOARD OF APPEALS
/awt
,�,�, Ahs
FERNAND A. BERNARDIN
(1932-1986)
RENE R. BERNARDIN
(1946-1987 RET.)
DAVID F. BERNARDIN
Zoning Board of Appeals
North Andover Town Hall
Town of North Andover
BERNARDIN & BERNARDIN
ATTORNEYS AT LAW
346 NORTH MAIN STREET
ANDOVER, MASSACHUSETTS 01810
November 17, 1987
Att. Ms. Audrey W. Taylor, Zoning Board Secretary
Re: Zoning Variance Application
Richard Wysocki and Barbara Wysocki
851 Forest Street, North Andover, MA
Dear Ms. Taylor:
AREA CODE 617
TELEPHONE 470-3270
On behalf of my clients, Richard Wysocki and Barbara Wysocki
of the above address, I am enclosing as follows:
1. Zoning Application in five counterparts.
2. Five prints showing the subject premises and the lot line
change requested.
3. My draft payable to the Town of North Andover in the amount
of $25.00.
4. My draft in the amount of $45.00 payable to the North Andover
Citizen.
Will you please be sure to have this matter placed.on the
agenda for the next zoning hearing, which I understand is
December 8, 1987
Many thanks for your assistance.
Co dially,
DFB:var David F. Bernardin
Enclosures
+ •
(WIA(;ESOI':
?%'Iti n
o o
Town of �
12t►NI;tiil slwct
APPEALS
•
NORTH H AI'' DOVER
North Aiid(wer.
BUILDING
;,''>:::e - �q
Mijss;:x:ht]s(lts O 184
CONSERVATION
6S,`"p5`t
I IVISI(>N ( W
(6 17) 685.477 5
I ZEAL I'1 i
PLANNING
PLANNING
& C ONINIUNFFY DEVELOPMENT
KARFN I I.P. NI I,S( K 1)11(1 :C*1'0R
MEMORANDUM
TO: Board of Appeals /
FROM: Scott A. Stocking, 1f Planner
DATE: December 1, 1987 �Qv►
RE: 851 Forest Street, Lot Area Variance`
Setback Variance
This proposal calls for changes in the configuration of
two existing lots, 9A and 9, as shown on the Assessors Map
which is attached. The applicant is attempting to create two
new lots which will be smaller than allowed by zoning and not
allow sufficient room for a sideyard setback for a proposed
structure.
In fact, this application asks the Board to approve a
total of 3 variances.
1. Two new lots with less than the required lot area, and
2. Lot 9C would require a 10' setback variance for proposed
structure.
Proposed Required Under R-1 Variance Requested
Lot 9B 49,869 sq.ft. 87,120 sq.ft. 37,251 sq.ft.
9C 49,869 sq.ft. 87,120 sq.ft. •37,251 sq.ft.
9C Setback 20' - 30' 10'
The applicant has two existing lots of record which are
grandfathered from the requirements of the R-1 Zoning District.
(2 acres). The applicant is seeking to change the existing lots
into two new lots and to allow them through the Board granting
variances to remain grandfathered under the R-2 Zoning District.
(1 acre lots).
Staff dislikes "pork chop" lots under the Form 'A' process
since it is often an attempt to avoid the intent of the Town's
Regulations and/or subdivide property without going through the
Subdivision Review Process with the Planning Board.
In order for the Board to grant these variances they must
find a compelling hardship, which renders this property unbuildable
under its present configuration. In staff's opinion the existing
lots are grandfathered and are situated to allow a house to be
constructed on Lot 9A, and the existing house remain on Lot 9.
Page 2:
Attached are the Conservation Commission Wetland Maps which
do not show any wetlands on these two lots, which the applicant says
contains "wet conditions".
Additional problems also occur
first the new lots would fall into
Area Requirements and second, where
for the structure on Lot 9C which
hazard to traffic on Forest Street
if the variances are granted,
the Town's Contiguous Buildable
would a driveway be located
would not present a traffic
and Laconia Circle?
Upon staff visiting the site, the existing topography found
on Lot 9A does not appear to be a major problem in placing a
house on the site. Other areas in Town have presented a much more
severe slope problem, which have been addressed by good siting
of the structure. In short, staff does not view the applicant as
having a sufficient hardship to grant major variances of this type
to allow "pork chop" lots.
7 -r -TTI �""S7,7 Ml-
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` Received by Town Clerk:
Nov 17 10 C7 All '87
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Z. Richard Wysocki
Barbara Wysocki 851 Forest Street, North Andover, MA
,Applicant --__ __--Address
1. Application is hereby made:
a) For a variance from the requirements 'of Section VII Paragraph 3
and Table' Z of ' the Zoning By Laws
b) For a Special -Permit under Section Paragraph of the Zoning
By. Laws . — --
c). As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. 'a) Premises affected are land _x_ -and building(s) x numbered
851 Forest Street, North Andovet —Street..
b) Premises affected are property with frontage on the North ( )
South (x ) East ( ) West ( ) side of Forest
Street, and known as No. 851 Forest9f-(EeT- _ Street.
------------ Zone 2
c) Premises affected are in Zoning DistrictR-1 , and the premises
affected have an area of 100,000 square feet and frontage of
fcIS)cK 150' and 173' respectively.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Z. Richard Wysocki and Barbara Wysocki
Date of Purchase 1969 Previous Owner Jane S. Watson
b) If applicant is not owner, check his/her interest in the premises:
—Prospective Purchaser _Lesee Other (explain)
44 Size of proposed building:'_ 42' front; 28 feet. deep;
.n Height 1 stories; 15 ---feet.
a) Approximate date of erection: Early 1988
b) Occupancy or use of each floor: Residential.
c,) Type of •construc•tion: Wood Frame-- —
5. ize of existing building:-- __ feet front;_ feet deep;
Heig stories; feet.
a) Approximate date o ection:• _---
b) Occupancy or us ach floor: _—
c pe of construction: -------- `
6. Has there been a previous appeal, under zoning, on these premises?
No If so, when?
7. Description of relief sought on this petition we seek to change. lot lines
to create a building lot so our daughter & son-in-law might be able to live next door :'.,:',,•
8. Deed recorded in the Registry of Deeds in Book 1156 Page 588,
Land Court Certificate No. Book Page 7=
The principal points upon which I base my application are as.follows:
(must be stated in detail) SEE ATTACHED."A"
I agree to pay the
expenses*
filing fee, a vertising in newspaper, and incidental.
AMY
Signature of Petitioner
k'
Every application for action by the Board shall be made on a form approved.
by the Board. These forms shall be furnished by the Clerk upon request.
Any communication purporting to be an application shall be treated as mere
notice of intention to seek relief until such time as it is made on the
official application form. All information called for by the form shall
be furnished by the applicant in the manner. therein prescribed.
Every application shall be submitted with a list of "Parties In Interest"
which list shall include the petitioner, abutters, owners of land directly
opposite on any public or private street or way, and abutters to the
abutters within three hundred feet (300') of the property line of theef
petitioner as they appear on the most recent applicable tax list,,.
notwithstanding that the land of any such owner is located in another cit Y„.:
or town, the Planning Board of the city or town, and the Planning Board of
every abutting city or town..
*Every application shall be submitted with an application charge cost in
the amount of $25.00. In addition, the petitioner shall be responsible,
for any and all costs involved in bringing the petition before the Board.
Such costs shall include mailing and publication, but are not necessarily.
limited to these.
Every application shall be submitted with a plan of land approved by the
Board. No petition will be brought before the Board unless said plan has
been submitted. Copies of the Board's requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request.
LIST OF PARTIES IN INTEREST ..
Name Address
SEE ATTACHED "B”
tx,
(use additional sheets if necessary)
�p
ATTACHMENT "A"
We, need a variance of about ten feet on the southwesterly corner of
the proposed dwelling, from the new requirement of thirty feet, and a variance
from the new two acre zoning requirement. The topography and wet conditions
of old configuration of former Lot 9A make it impossible to build except in
accordance with this subdivision plan. It is a hardship for us to maintain this
land and be deprived of the chance to build because of the wetness and shape
of these contiguous parcels.
ATTACHMENT "B"
ABUTTERS
Name Address
Z. Richard Wysocki &
Barbara Wysocki
841
Forest Street,
North Andover,
MA
Z. Richard Wysocki &
/ Barbara Wysocki
851
Forest Street,
North Andover,
MA
V/ Beachwood Builders, Inc.
350
Massapoag Avenue,
Sharon, MA
,-.,-Robert A. Goldschneider &
Roberta E. Goldschneider
Mainline Development Realty
Laconia
Trust
Circle, North
Andover, MA
Att.Richard J. Kimell,Tr.
500
Essex Street,
Lawrence, MA
William J. Hamel &
Deana J. Hamel
8105
Forest Street,
North Andover,
MA
Roscoe A. Gilbert &
Anne M. Gilbert
Elizabeth A. Merrill &
701
Forest Street,
North Andover,
MA
Paul A. Merrill
84
West Main Street,
Georgetown, MA
1--l"illiam F. Landry &
Lana J. Landry -
804
Forest Street,
North Andover,
MA
/Robert A. Watson &
! Jane S. Watson
876
Forest Street,
North Andover,
MA
t1' R. Fowler &
G. Courtemarche
20
Fox Run Drive,
Tewksbury, MA
`David Balch &
Barbara Balch
135
Laconia Circle,
North Andover,
MA
Jane S. Wysocki
876
Forest Street,
North Andover,
MA
PLANNING_ BOARDS
Planning Board, Town of North Andover
Planning Board, Town of Andover
Planning Board, City of Haverhill
Planning Board, Town of Middleton
Planning Board, Town of North Reading
Planning Board, Town of Boxford
Planning Board, City of Lawrence
Planning Board, Town of Methuen
,I . PLAN OF LAND TO ACCOMPANY PETITION
Each application and petition to the Board shall be accompanied by
five (5) copies of the following described plan:
The size of the plan shall be 11 x 17, drawn to scale, 1 inch
equals 40 feet; it shall have a north point, names of streets,
zoning districts, names and addresses of owners of properties
within a minimum of 200 feet of the subject property, property
lines and location of buildings on surrounding properties. The
location of buildings or use of the property where a variance is
requested and distances from adjacent buildings and property lines
shall be verified in the field and shown on the plan. The
dimensions of the lot and the percentage of the lot covered by the
principal and accessory buildings and the required parking spaces
shall be shown. Entrances, exits, driveways, etc. that are
pertinent to the granting of the variance shall be shown. All
proposed data shall be shown in red.
Any topographical feature of the parcel of land relied upon for a
variance, such as ledge, rock peat, or natural condition of water,
brook, or river, shall be shown on the engineering plan. When a
variance is requested to subdivide a parcel of land, the dimen-
sions and area of the surrounding lots may be taken from the deed
or lotting plan for comparison of the size of the lots in the
neighborhood, noted on the plan as such, and marked "approximate".
The plan shall be signed and bear the seal of a registered
surveyor or engineer. Any plans presented with the petition shall
remain a part of the records of the Board of Appeals.
If living quarters are to be remodeled, or areas are to be
converted into living quarters, in addition to the plot plan, five
(5) copies of the following described plans shall be furnished:
1. A floor plan of each floor on which remodeling is to be done
or areas converted into living quarters;
2. A floor plan showing the stairways, halls, doors opening into
the halls, and exit doors of each floor or floors where no re-
modeling or converting is to be done;
3. The plans and elevations shall show a1.1 existing work. All
proposed work shall be shown in red. The size of each plan
shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4
inch equals one foot.
All plans and elevations presented with the petition shall remain
a part of the records of the Board of Appeals.
For petitions requesting variation(s) from the provisions of
Section 7, Paragrpahs 7.1, 7.2, 7.3, and 7.4 and Table 2 of the
Zoning By Law for conveyance purposes only, a plot plan, certified
by a registered engineer or land surveyor, of the parcel of land
with a structure thereon being conveyed, will be acceptable to the
Board of Appeals provided:
1. The dwelling(s), structure(s), or building(s) were constructed
prior to March 14, 1977.
2. The petition is not to allow construction or alteration to
the dwelling(s), structure(s), or building(s) which will re-
sult in the need for the issuance of a building permit.
3. The size of the plan shall be no smaller than 8,1/2 x 11
inches and must show the existing area of the parcel, the
existing frontage, and the existing setbacks of the
dwelling(s), structure(s), or building(s) being conveyed.
4. Proper space is provided on the plot plan for the Board's
signatures, as well as adequate space for the following
information: date of filing, date of public hearing, and
date of approval.
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. 7 —q)—O-
C=
C--
Please
_
Please be advised that I have agreed to waive the time constraints for the Nofffi
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:
, S �, le le
TOWN: o olc ��/ Vie✓
TO MEETING DATE(S):
NAME OF PETITIONER:
Signed:
ioder (or petitioner's Eepresentati
WAIVER
Board of Appeals 978- 688-9541 Building 978-688-9545 conservation 978-688-9530. Health 978-688-9540 Planning 978-688-9535
I -A 3 - 0 a-75.
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 2003-025.
Page 2 of 2
Town of North Andover
Board of Appeals,
William I Sullivan, Chairman
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NEW ENGLAND ENGINEERING SERVICES
lk INC
July 31, 2003
North Andover Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: 851 Forest Street, North Andover
Special permit application/ Variance application
Dear Mr. Chairman:
Enclosed are revised plans for the variance application at the above referenced property.
These plans incorporate a new garage location that is attached to the left side of the house
in lieu of being detached on the right side. This new plan eliminates the need. for a front
setback variance however a sideline variance to 6.5 feet is still required.
This new location will still serve to provide a garage that has safe access and the ability
to use the circular drive and eliminate the need to back in to the street. In addition the
location will have less visual impact on the adjacent properties.
I will be at your Aug meeting to discuss this matter.
Sincerely,
-7
Benjamin C. Osgood, Jr., IT
President
�'1-i C��W
7 �.� A
�a � -12 0 03
BOARD OF APpSERJCHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
Town of North Andover- t%QR
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
TO:
FAX NUMBER: '[75 —64S Z092
FROM: Town of North Andover
Telephone (978) 688-9541
Fax (978) 688-9542
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-9542
PHONE: 978-688-9541
NUMBER OF PAGES:
DATE:3
Y t I
SUBJECT: 1`DfPs� WG', ✓2rMPi
6 �jed_ -o
REMARKS:
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
David & Daria Timpe
150 Laconia Circle
North Andover Ma 01845
978 688 2908
Town of North Andover
Office of Zoning Board of Appeals
27 Charles Street
North Andover Ma 01845
Regarding - Garage at 851 Forest Street
Owners - Lisa Wysocki & Timothy Sheehy
Dear Sir or Madam:
July 8, 2003
I am writing to you with regards to the garage to be built at 851 Forest
Street. I reside behind 851 Forest Street on 150 Laconia Circle, and I do not
have a problem with my neighbors Lisa Wysocki & Timothy Sheehy
building a garage on there property.
If I can be further assistance please contact me at the number above.
Sincerel R
Daria Timpe
7 7- d-3
JUL 8 - 200
BOARD OF APPEALS ,may
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HP Fax K1220xi
Last Transaction
Dae Time Type
Jul 8 2:37pm Fax Sent
f��
Identification
89786851099
Log for
NORTH ANDOVER
9786889542
Jul 08 2003 2:39pm
Duration Pnes Result
2:10 3 OK
07/08/2003 14:51 9786851099 NE ENGINEERING SVC PAGE 02
r
NE c E � w N
JUL 8 - 2003
BOARD OF APPEALS
CERTIFIED MAIL-,
RECEIPT
(comestic Mait only;
No insurance
coverage Provided)
For information
visit our wcbSitC
tit W%w.u`•ps.com •,
dchvcry
4tr t t 3
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NE c E � w N
JUL 8 - 2003
BOARD OF APPEALS
07/08/2003 14:51 9786851099 NE ENGINEERING SVC . PAGE 01
FAX MEMO
DATE 7/8/03
To: Mitch
FROM: BEN OSGOOD, Jr.
This transmission contains 2 pages including this cover sheet.
If this transmission is unclear or you experience difficulties you may call at
978-686-1768.
Message:
Mitch
Enclosed is the additional certified mail receipt for the revised mailing for
851 Forest Street.
Thank you
Ben Osgood, Jr.
Phone: 978-686-1768 work 978-686-1768 home
Fax 978-685-1099
�11EC Eod1D
JUL 8 - 2003 D
BOARD OF APPEALS
HP Fax K 1220xi
Last Transaction
Date Time Type Identification
Jul 10 12:37pm Fax Sent 89786851099
Log for
NORTH ANDOVER
9786889542
Jul 10 2003 12:38pm
Duration Pages Result
1:19 2 OK
NEW ENGLAND ENGINEERING SERVICES
INC
June 24, 2003
North Andover Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: 851 Forest Street, North Andover
Special permit application/ Variance application
Dear Mr. Chairman:
Enclosed with this letter are the certified mail receipts for the abutters of 851 Forest
Street.
L
Sincerely,6 G
Yjarmnin
Be C. Osgood, Jr., EIT
President
JUN 2 6 2003 U
BOARD OF APPEALS
60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
Town of Mortis 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:
FAX Number: 75 - &`3 5' ' 9
FROM: Town of North Andover
Zoning Board of Appeals
PHONE: #978-688-9541
FAX: #978-688-9542
DATE: 6-14-03
SUBJECT: For e 5 t 5� , 0 3 o c b
Number of pages:
Telephone (978) 688-9541
Fax (978) 688-9542
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 § 11 ] publishing deadline of at least 14 days before a hearing. The E -T
needs 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 S..OpPl1�
1` t Publication Date
Meeting Date
.��
<1^ e- a
-TIA
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 days prior the ZBA meeting. You are also required to
bring, or fax copies 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.
h
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
HP Fax K 1220xi
Last Transaction
Date Time
Type Identification
Log for
NORTH ANDOVER
9786889542
Jun 18 2003 2:02pm
Duration Pages Result
Jun 18 2:00pm Fax Sent 89786851099 2:38 3 OK
�� �s 04
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 a of July, 2003 at 7:30 PM to all parties interested in the
appeal of Lisa M. Wysocki and Timothy Sheehy, 851 Forest Street, North Andover requesting a
Variance from Section 7, Paragraph 7.3, and Table 2 for relief of front and rear setbacks for a proposed
garage; and a Special Permit from Section 9, Paragraph 9.2 in order to allow the construction of a proposed
garage on a pre-existing, non -conforming lot.
The said premise affected is property with frontage on the Southwest 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 2003-025.
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must
be submitted thirty U 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).
VARIANCE
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.
.=J
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C:) '3>
IMPORTANT PHONE NUMBERS: -0zz
978-688-9541 Zoning Board of Appeals Office o
978-688-9501 Town Clerk's Office w
FJUN"-14� UDepartment
ll��Ul5D 1 2 2003
BOARD OF APPEALS
U
Zoning Bylaw Review Form
Town Of North Andover Building Department
27 Charles St. North Anoover, MA.01845
Phor e.978-6884545 Faz'9�Uaa,9542 4
,;;,
A.
Item
Lot Area
Notes
Item
Notes
F
Frontage
1.
Lot area Insufficient
1
: °FroOtage;lnsufficierit
2
Lot Area'Preezisting
g
2
Frontage Complies
3,
Lot Area Com I'es
3
.
Preexisting frontage"'
y_ g
4
Insufficient Info''rfflAtion
4
Insufficient Information
B
Use _
5
No_access over Frontage
1
Allowed
G
Contiguous Building. Area.
2
Not Allowed --7777777
1
Insufficient Area
3
Use Preexisting:
_ -_. ,
2
Complies
4 ' Special Permit Re wired
ye S
3
PreexistingCBA
S
5
insufficient_Infprrq�f►,on ...`C�
4
- Insufficient Information
C
Setback
i4
Building Height ..
1
All setbacks corn ly
_...
1
Height Exceeds Maximum
2
7:3
Front Insufficlerit
`{e S ___..
2..
.Complies
Leff Side lnsuffiGent
3
Preexisting Height
S
4
Right Side Insufficient
4
Insufficient Information
6
Rear Insufficient�(e,
S
1
Building Coverage
-6-
Preexistin setback(s
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Com lies -
watershed
3
.
Coverage Preexisting
1
Not in Watershed._
`f`e— S "
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."
Intufficiefit-fd6n-YfAtibn
3
Insufficient Information
E _
Historic,District
K
Parking
A
In Distnct review re uireda
1
More Parking Required
2
Not to district�
�S
2
.
Parking Com lies
3
Insufficient Information
3_ .
Insufficient Information
4
Pre-existin Parkin
i ne aoove review and attached explanation of such is baseg oRthe plans.and information submitted. No definitive review and
shall be.based on verbal ex
or advice piration by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for Any inaccuracies, misleading information or other su
changes to the Information submitted by the applicant shallbg row s �€94enS
Building Department: The aitached document btied"Phan I3ayjeW;AlarrativemshallV attached her�etotthe dis
and incorporated
of the
by reference The.building departmentwill retain all I rporated herein
f application farm and begin the Perititttrig processma and dticurnei><atlon for the above file. You must file a new permit
P,�s
_.
uildmg Department Official Signa�A Application Received Application Denied
f - 'Arr ' -.n, - z .
Plan Review
'. ` _ �.,' t -i..'.° ,.,. yrs 'x�'f"•. ., '. t '�j +.Y' i�5��''ry'y'if�
C"arrative a ,�
t. 7s75lr' ... `t e
The following narrative is provided toufther explai # e reasons for,tNIAL forthe
APPLICATION for the property indicated on the re erse side:
Page 2 of 4
Application for a VARIANCE
Zoning Board of Appeals
.1. Petitioner: Name, address and telephone number:
Lisa M. Wysocki and Timothy Sheehy
851 Forest Street, North Andover, MA 01845
'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:
Lisa M. Wysocki and Timothy Sheehy
851 Forest Street, North Andover, MA 01845
Years Owned Land: 2 Years
3. Location of Property:
a. Street:851 .Forest Street Zoning District R-1
b. Assessors: Map number105D Lot Number: 162
c. Registry of Deeds: Book Number 6055 Page Number: 66
4. Zoning Sections under which the petition for the Variance is made.
Section 7
Table 2 Summary of Dimensional Requirements
`Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
Allow Construction of a garage 17' from the front property line and 24.7' from the rear
property line.
`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. (37,25 ) — — % 69.06 — (13.0) 59.4 218.0 (5.3)
B. %
Page 3 of 4
Application for a VARIANCE
Zoning Board of Appeals
6. b. Existing Lot:
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
49,869 - - %
244.06 - 48'
30.1' 248' 30.1' dwelling
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
49.869 - - %
244.06 - 48.0'
30.1' 248' 30.1' dwelling
%
17'
89.4' 180.0' 24.7' Garage
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 — — %
175' — 30'
30' 30' 30'
7. a. Existing Buildings:
Ground Floor Number of Total
Use of
Square feet Floors Sq. feet
Building'
1334 1 1334
Residential Dwelling
'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*
1114 t 1334 residential Dwelling
768 1 768 Garage
`Reference Uses from the Zoning By -Law. 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 fumish 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 dis/ny'ssal by the ZZo ing Board of this application as incomplete.
Signature.
Type above name (s) here Timothy Sheehy
U�r �� _ Zoning Bylaw Review Form
p Town Of North Andover Building Department
;,$ A�N�� 27 Charles St. North Andover, MA. 01845
Phone�978-G88=9545`FaX`978-688=9542 `'." .
0,
Street
2 V—
A" ticant:
Fre' ue8t: X 3 Gari ,c a'
;Date: 4,
Please be advised that after review )f your Application and,Plans that your Application is
DEiyIBD for --the foilfirving Zoning Bylaw reasons:
7nninn ,
A„-
--
Lot Area
Notes
Item
Notes
F
Frontage
1, .
L
.Lot area.lnsq ficiQnt
1
; FFRige,lnsufficient-.
2
I Lot Area:Preeidsting-__ .:.
e
'2
Frontage Complies
, �
3 - Lot Area Com lies
.
4- Insufficient
3 ' _PreezisXing frontage'”
ye s
Infoiniation
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 - S eciel Permit R'- uired
ye S
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
--
Building
eight _1
11-
All setbaaks,com ly
1
-Height
Height Exceeds Maximum
2
Front Insufficient
`-te S ,-,
2_.
-Complies
3'
Left Side Insufficient
3
Preexisting HeightS
4
Right Side Insfficientu
4
Insufficient Information
5
Rear Insufficient
Ke 5
I
Building Coverage
6
Preexisting setbagk(s
_.-., _
.
1
Coverage exceeds maximum
7
`p
Insufficient Information
_ _ . _
2 -_
Coverage Complies.
Watershed___ :
3
Coverage Preexisting
1
Not in Watershed,•..
`l"L S -
4
insufficient Information
`Z S
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
Insufficientlnformation
g
Historic ic1.
K
Parking
1
In District review re uired
1
More Parking Required
A
2 .
Not in district
S "
2
,
Parkin Com lies
3
Insufficient Inform ation
3-
.. insufficient Information
4
Pre-existin Parkin
i ne above review and attached explanation of such is based on the. plans and information submitted. No defimRive review and
or VId eeshail a answers
ed on the a explanations f the plicam norishall usuch verbal explanations by the applicant serve to
Y P
provide definitive answers to the above reasons for y racies, misleading information or other su ent
changes to the informatlon submitted by the applicantshall be grounds fQrjhis,raylew to be voided at the dlsbtetion of the
u
Building Department:: The attached document ti letl Tian Rt view Narrative"shall be attached hereto and Incorporated heeein
by ieference. The.builcfing departmentwill retain all plgna`and docuMientetion for the above file. You must file -e new pe iriR
application form and begin ttig pernittin9.P,rocesS.
upping Department Official Signet' f A
pplication Received Application Denied
3 f
Plan Review
Nirrafive
The following narrative is provided to -further explaan,-the, reasons forD VIAL-forthe
vefse s
APPLIbATION for the property indicated ori the r"eide;
NEW ENGLAND ENGINEERING SERVICES
INC
June 12, 2003
---- — North Andover Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: 851 Forest Street, North Andover
Special permit application/ Variance application
Dear Mr. Chairman:
Please accept this letter as memorandum in support of the application by Timothy Sheehe
for a special permit and a variance in order to construct a garage at the above referenced
property. The proposed garage would be constructed 17 feet from the front.property line
and 24.7 feet from the rear property line.
The lot as it exists presently was approved under Board of Appeals petition #110-88. The
house has not had a garage since it was constructed The owner has a growing family and
needs a place to store cars and other items inside and out of the weather. The
configuration of the driveway makes the proposed location the optimal location as well as
the fact that the garage doors will not face the street. The lot is located on a blind curve
and constructing a garage that accesses from a larger driveway, although possibly
allowed, could be 'a hazard to vehicles on Forest Street.
In order to mitigate the aesthetic impacts of having the garage a reduced distance from
the street the applicant would be willing to install a stockade fence and plant a dense
pattern of evergreen trees to shield the view of the garage.
I will be at your July meeting to discuss this matter.
Sincerely,
Benjamin C. Osgood, Jr., EIT
President
60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
NEW ENGLAND ENGINEERING SERVICES
INC
300 FOOT ABUTTERS LIST
SUBJECT PROPERTY
851 FOREST STREET, NORTH ANDOVER MA.
ASSESSORS MAP #105D LOT 162
MAP LOT
NAME
ADDRESS.
105D
17
DAVID MARTIN
701 FOREST STREET NORTH ANDOVER, MA 01845 --
18
JOHN M. & GRACE C. DUMALAC \,905 FOREST STREET NORTH ANDOVER, MA 01845
36.
ECHO GLEN FARM TRUST
JANE WATSON, TR
v/876 FOREST STREET NORTH ANDOVER, MA 01845
37
ELIZABETH MERRILL
L A4 WEST MAIN STREET GEORGETOWN, MA 01833
39
PINE HOLLOW TRUST
-71
LINDA EMRO, TR
V781 FOREST STREET NORTH ANDOVER, MA 01845
40
RONALD EMRO
V781 FOREST STREET NORTH ANDOVER, MA 01845
45.1.
FRANK CARNOVALE
V804 FOREST STREET NORTH ANDOVER, MA 01845
77
DANIEL RYAN
✓871 FOREST STREET NORTH ANDOVER, MA 01845
78
HIMANSHU BHATNAGAR
VI 71 LACONIA CIRCLE NORTH ANDOVER, MA 01845
132
ROBERT DAVIS
✓163 LACONIA CIRCLE NORTH ANDOVER, MA 01845
133
JAGDISH GARG
X A55 LACONIA CIRCLE NORTH ANDOVER, MA 01845
134
RICHARD SARRO
V44 EQUESTRIAN CIRCLE NORTH ANDOVER, MA 01845
136
THOMAS KING, JR
v135 LACONIA CIRCLE NORTH ANDOVER, MA 01845
137
ARTHUR TOMASINO
115 LACONIA CIRCLE NORTH ANDOVER, MA 01845
154
LETWIN REALTY TRUST
BRUCE & MARY KING, TRS
V52 LACONIA CIRCLE NORTH ANDOVER, MA 01845
157
JEANNE D'ANGELO
x/100 LACONIA CIRCLE NORTH ANDOVER, MA 01845
158
JOHN GOOD
X110 LACONIA CIRCLE NORTH ANDOVER, MA 01845
159
JAAC REALTY TRUST
KAREN CRAWFORD, TRS
V120 LACONIA CIRCLE NORTH ANDOVER, MA 01845
160
LACONIA CIRCLE REALTY TRUST
GREGORY SCHMIDT, TR
1,430 LACONIA CIRCLE NORTH ANDOVER, MA 01845
161
ALFRED DiPIETRO
,-140 LACONIA CIRCLE NORTH ANDOVER, MA 01845
163
DAVID TIMPE
1150 LACONIA CIRCLE NORTH ANDOVER, MA 01845
172
ARNOLD BUCK
A83 FOREST STREET NORTH ANDOVER, MA 01845
173
SCOTT KARPINSKI
V691 FOREST.STREET NORTH ANDOVER, MA 01845
174
JOHN LENNHOFF
v675 FOREST STREET NORTH ANDOVER, MA 01845
175
JOHN IANNARONE
V-743 FOREST STREET NORTH ANDOVER, MA 01845
176
DENNIS JILLSON
v757 FOREST STREET NORTH ANDOVER, MA 01845
Board ofAssessor W Andover
60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
3
PAGE 4OF4
VARIANCE
�s�b p
" QKF'' N" fMy;s
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 C. FEATURES TO BE INDICATED ON PLAN:
10.4 of the North Andover Zoning By -Law all dimensional requirements
A. Site Orientation shall include:
shall be clearly identified and factually supported and addressing
1. North point
each of the following points individually is required with this
2. zoning district (s)
application.
3. names of streets
4. wetlands to be shown on plan (if applicable)
A. The particular use proposed for the land or structure.
5. abutters of property, within 300 foot radius
B. The circumstances relating to soil conditions, shape or
6. location of buildings on adjacent properties within
topography of such land or structures especially
50' from applicants proposed structure
affecting the property for which the variance is sought
7. deed restrictions, easements
which do not affect generally the zoning district in
B. Legend & Graphic Aids:
which the property is located.
1. Proposed features in solid lines & outlined in red
C. Facts which make up the substantial hardship,
2. Existing features to be removed in dashed lines
financial or otherwise, which results from literal
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.
6. Names/addresses/phone numbers of the
D. Facts relied upon to support a finding that relief sought
applicant, owner of record, and designer or
will be desirable and without substantial detriment to
surveyor.
the public good.
E. Fads 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.
topographic information. A set of building elevation and
F. Submit RDA from Conservation Commission when
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
projects including decks, sheds, & garages shall be
10. Plan of Land
included with a side view depicted on the plot plan,
Each application to the Zoning Board of Appeals shall be
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
A. Notification Fees: Applicant is to send by
the public hearing before the Zoning Board of Appeals.
certified mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
10 A. Major Projects
Applicant is to supply stamps (appropriate
Major projects are those which involve one of the following
current postage) for mailing of decisions to all
whether existing or proposed: a) five or more parking
parties in interest as identified in MGLA ch. 40A,
spaces, b) three or more dwelling units, and
sec. 11 as listed on the application. ZBA Secretary
c) 2000 square feet or more of building area.
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
labels of abutters to ZBA Secretary who will mail
asterisks (*). In some cases further information may be
decisions to abutters and parties in interest.
required
C. Administrative fee of $50.00 per application.
10 B. Plan Specifications:
-
a) Size of plan: Ten (10 ) copies of a plan not to exceed
11"x17", preferred scale of 1"=40'.
A variance once granted by the ZBA will lapse in
b) Plan prepared by a Registered Professional Engineer
one (1) year if not exercised and a new petition must
and/or Land Surveyor, with a block for five (5) ZBA
be submitted.
signatures and date indicated on mylar.
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
PROCEDURE
and REQUIREMENTS
for FILING an APPLICATION for
a 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 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
receivers a Permit Denial form completed by the
Building Commissioner.
STEP 2: SPECIAL PERMIT APPLICATION FORM:
Petitioner completes an application form to 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).
SPECIAL PERMIT
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, Law_-rence. L ;
Massachusetts, and shall complete t'f"ie Certification of
Recording form and forward it to the�Zbning+&,Wriof
Appeals and the Building DepartmenifOffice -2 co ,
omc3FTI
X�
0
IMPORTANT PHONE NUMBERS: D
978-688-9501 Town Clerk's Office
978-688-9545 Building Department D
978-688-9541 Zoning Board of Appeals Office JUN 1 2 2003
130ARD OF APPEALS
PAGE 2 OF 4 Date & Time
Stamp
Application for a SPECIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS
1. Petitioner: Name, address and telephone number:
Lisa M. Wysocki and Timothy Sheehy
851 Forest Street, North Andover, MA 01845
"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:
Lisa M. Wysocki and Timothy Sheehy
851 Forest Street, North Andover, MA 01845
Years Owned Land: 2 Years
3. Location of Property:
a. Street: 851 Forest Street Zoning District R-1
b. Assessors: Map number 105D Lot Number: 162
c. Registry of Deeds: Book Number 6055 Page Number: 66
4. By -Law Sections under which the petition for the Special Permit is made.
9 Section 9.2
I.* to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner.
1. Describe the Special Permit request:
Allow Construction of a garage on a pre existing non conforming lot. Lot approved by Board
of Appeals petition #110-88.
"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.
Page 3 of 4
Application for a SPECIAL PERMIT
_<�"=!,G,+sar�:sx,x' .�'.€..�_n....:a£�:,,<1 �:a'�..,,,�W-�k�F�-,2.�r..3`�,�,�.k-� �. ...<..< '�,..�z^c2:: «.�.,.�.��r�,�'r'`�-•..�azs�. ...t�..��,-,:s�:.tH.`a+,�,...�. ._�i. .<.... H.. .. .:.�x.<
NORTH ANDOVER ZONING BOARD OF APPEALS
6.a Existing Lot:
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
49,869 - - % 244.06 - 48' 30.1' 248' 30.1'
b. 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
49,869 - - % 244.06 - 481. 30.1' 248' 30.1' Dwelling
% 17' 89.4' 180.0' 24.7' Garage
c. 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 - - % 175' - 30' 30' 30' 30'
7. a. Existing Buildings:
Ground Floor Number of Total
Use of Number
Square feet Floors Sq. feet
Building' of Units
1344 1 1344
Residential Dwelling-: 1
*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 Number
Square feet Floors Sq. feet
Building* of Units
1344 1 1344
Residential Dwelling 1
768 1 768
Garage 0
'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. -.¢- /-) A A
Type above name s here Timothy Sheehy
q
Zoning Bylaw Review Form
u
Town Of North Andover Building Department
Item
27 Charles. St. North Andover, MA. 01845
Ph0nk978-6889545 Falk'978-688'9542
Streets
F
Ma /Lot.
/b / (o
A Ilcarit:"�'
�Y1: ee• ,
'Re' west•
-
Vater
Lot Are'aa Preexisting-
Please be advised that after review:,of your Application,and:Plans that yourApplication is
13
HIED for
the:folloSrvtrig Zoning Bylaw -reasons:
Zoninn
3, .
q
Item ._.._._
Lot Area
Notes
Item
Notes
F
Frontage
1p1
`_
Lot area.lnsyfficient
- '"
' -
sufftcierit.
1 = °Flipji
,.2
Lot Are'aa Preexisting-
e
2
Fomplies
3, .
Lot Area Coat Iles
3 '>
.
_Pfrontage"
y� s
4
Insufficient Infoli 5atron
4
IInformation
B
Use
"5
Kover FrontageG
777-777
Cs Building. Area
2
Not Allowed
1
Insufficient Area2
3
Use Preexisting.
Complies
4: ''S
ecial Permif Re. wired
e 5
3
Preexistin CBA
5
Insufficient Inforn]ation
4
•Insufficientlnforriation
C
Setback
H
Building Height_
1
All setbacks -comply
- _
1
Height Exceeds Maximum
2
Front Insufficientt{�
S __. -
2-_
_Complies
=3
Leff Side9nsuffia'ient
3
Preexisting Height
s
4
Right Side Insufficient•
4
Insufficient Information
5`
Rear Insufficient
�(,� S
l
Building Coverage
6 -
Preexisting setbaek s
1
Coverage exceeds maximum
7
Insufficient information
2._
Coverage Com lies
0
Watershed
3
Coverage Preexisting
1
Not in Watershed,..
4
Insufficient information
S
2
In Watershed
j
Sign
3
Lot prior to 10/24194
1
Sign not allowedetermined
4
75 "
Zone to be D
`Insufficient
2 ..Sign.Complies
ation
3
Insufficient Information
E ..-
Htstonc _District
snot
K
Parking
1
In Dlsttict rewew re wired
1
More.Parking Required
A
2
_Not in district
p s "
2
.
Parking Com lies
3
Insufficientlnformation
3...
Insuffitientinformation ..
4
Pre-existin Parkin
i ne aoove review and attached explanation of such is based 4n the plans and information submitted. No definitive review and
or advice shall be based on venial explanations by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for Any inaccuracies, misleading informatipn or.otheT subsequent
changes to the information submitted by the applicant_shall be,grounds for chis review to be -voided afttte disctetfon oftry
Building Department. -The attached document titled "Plan Ik*dW;NaraWe1 shall be attached hereto and incorporated herein
by reference The building department -will retain all- gftr. and dbcUfilerita f n for the above file. You must file a new permit
application form and begin ttie permRGng process
:5;."""! -
building Department Official Signa
W Application Received Application Denied
g ;j
Plan Review Na'frative
The following narrative is provided to further;.explarn he: reasons for DENIAi. for.the
APPLtATION for the property indicated on the reverse side:
NEW ENGLAND ENGINEERING SERVICES
INC
June 12, 2003
North Andover Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: 851 Forest Street, North Andover
Special permit application/ Variance application
Dear Mr. Chairman:
Please accept this letter as memorandum in support of the application by Timothy Sheehe
for a special permit and a variance in order to. construct a garage at the above referenced
property. The proposed garage would be constructed 17 feet from the front .property line
and 24.7 feet from the rear property line.
The lot as it exists presently was approved under Board of Appeals petition #110-88. The
house has not had a garage since it was constructed The owner has a growing family and
needs a place to store cars and other items inside and out of the weather. The
configuration of the driveway makes the proposed location the optimal location as well as
the fact that the garage doors will not face the street. The lot is located on a blind curve
and constructing a garage that accesses from a larger driveway, although possibly
allowed, could be a hazard to vehicles on Forest Street.
In order to mitigate the aesthetic impacts of having the garage a reduced distance from
the street the applicant would be willing to install a stockade fence and plant a dense
pattern of evergreen trees to shield the view of the garage.
I will be at your July meeting to discuss this matter.
Sincerely,
Benjamin C. Osgoo4 Jr., EIT
President
60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
i
NEW ENGLAND ENGINEERING SERVICES
INC
300 FOOT ABUTTERS LIST
SUBJECT PROPERTY
851 FOREST STREET, NORTH ANDOVER MA.
ASSESSORS MAP #105D LOT 162
MAP LOT NAME ADDRESS.
105D
17 DAVID MARTIN 701 FOREST STREET NORTH ANDOVER, MA 01845
18 JOHN M. & GRACE C. DUMALAC 805 FOREST STREET NORTH ANDOVER, MA 01845
36 ECHO GLEN FARM TRUST
JANE WATSON, TR 876 FOREST STREET NORTH ANDOVER, MA 01845
37 ELIZABETH MERRILL 84 WEST MAIN STREET GEORGETOWN, MA 01833
39 PINE HOLLOW TRUST
LINDA EMRO, TR 781 FOREST STREET NORTH ANDOVER, MA 01845
40 RONALD EMRO 781 FOREST STREET NORTH ANDOVER, MA 01845
45.. FRANK CARNOVALE 804 FOREST STREET NORTH ANDOVER, MA 01845
77 DANIEL RYAN 871 FOREST STREET NORTH ANDOVER, MA 01845
78 HIMANSHU BHATNAGAR 171 LACONIA CIRCLE NORTH ANDOVER, MA 01845
132 ROBERT DAVIS 163 LACONIA CIRCLE NORTH ANDOVER, MA 01845
133 JAGDISH GARG 155 LACONIA CIRCLE NORTH ANDOVER, MA 01845
134 RICHARD SARRO 44 EQUESTRIAN CIRCLE NORTH ANDOVER, MA 01845
136 THOMAS KING, JR 135 LACONIA CIRCLE NORTH ANDOVER, MA 01845
137 ARTHUR TOMASINO 115 LACONIA CIRCLE NORTH ANDOVER, MA 01845
154 LETWIN REALTY TRUST
BRUCE & MARY KING, TRS 52 LACONIA CIRCLE NORTH ANDOVER, MA 01845
157 JEANNE D'ANGELO 100 LACONIA CIRCLE NORTH ANDOVER, MA 01845
158 JOHN GOOD 110 LACONIA CIRCLE NORTH ANDOVER, MA 01845
159 JAAC REALTY TRUST
KAREN CRAWFORD, TRS 120 LACONIA CIRCLE NORTH ANDOVER, MA 01845
160 LACONIA CIRCLE REALTY TRUST
GREGORY SCHMIDT, TR 130 LACONIA CIRCLE NORTH ANDOVER, MA 01845
161 ALFRED DiPIETRO 140 LACONIA CIRCLE NORTH ANDOVER, MA 01845
163 DAVID TIMPE 150 LACONIA CIRCLE NORTH ANDOVER, MA 01845
172 ARNOLD BUCK 683 FOREST STREET NORTH ANDOVER, MA 01845
173 SCOTT KARPINSKI 691 FOREST.STREET NORTH ANDOVER, MA 01845
174 JOHN LENNHOFF 675 FOREST STREET NORTH ANDOVER, MA 01845
175 JOHN IANNARONE 743 FOREST STREET NORTH ANDOVER, MA 01845
176 DENNIS JILLSON 757 FOREST STREET NORTH ANDOVER, MA 01845
f
Wifie�y
Board o Assessor N Andover
60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
i
I
� i
-11
Il
II 1
I.
1
FRONT TIE W
GARAGE PLAN
851 FOREST STREET
ivTORTri ANDOVER, iviASSACriUSETTS
PRET ARED FOR TIMOTHY 1 H SHEENY
SIDE =diEW SCALE: �j" = 1' DATE: JUNE 12, 2008
NEW ENGLAND ENGINEERING SERVICES INC.,
j. -80 BEECHWOOD DRIVE
NORTH ANDOVER, MASSACHUSETTS
nn\ n n +rvnn
"rJUi3J U$O-1 tt�D
PAGE 4 OF 4 Application for a SPECIAL PERMIT
.�.�L""w
`.1.,.
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.
S. 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
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 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
require only the plan information as indicated with
asterisks (*) in some cases further information may be
required.
10 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
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 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 of recons, 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 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.
PpARTy
Zoning Bylaw Review Form
•. b Q
41
p, Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
Phone -978=668-9546 Fak 978-6$8=9542
DENIED for: the..followirg Zoning.Byla
Zoning P, 4-
^NN���a�l�r�;ariu ,rlanS Tnat your Application is
asons:
Item
Notes
:Applicant:
_...:a e
�_...__._...__....__
1164 west:
y..3a
x (,�a.r •c
Date:
Plpace ho �e�1..:cn.1
j�- i.� - 0;3
+1,-�F..�Y;._ ....•-=-----�------ � •- -• - --
DENIED for: the..followirg Zoning.Byla
Zoning P, 4-
^NN���a�l�r�;ariu ,rlanS Tnat your Application is
asons:
iemegy for the
Item # ` Special -1
Site Plan
- Access of
Frontage.
Inde enden
_LEqt Estat,
Planned D_e
77 Planned Re
R-6 Density
is checked below
Planning Board
'pecial Permit
Frontage Special peri
n_Lot Special Permit.
I Special Pe rrnif`
19 Special Permit
etirement Special Pen
IY Housing Special Pe.
o Special Permit
lent District Snecim Pe
I Permit
Permit
Item # Variance
C F . . Setback Variance
Parking Variance.
T
for
Zo
Permit Use not
Permit t fo— r Sign
permit for prea,
Board
ling' Use ZBA
iit ZBA
d -but Similar
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 Any inaccuracies, misleading information, or other subsequent
changes to the information submitted by the applicant shall be ground 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 permit
application form and begin the permitting process.
1.2 -z? 3.
wilding Department Official Signaftie Application Received Application Denied
Item
Notes
Item
Notes
A
Lot Area
F
Frontage
1.
Lot area,lnsufficient
1 -
Frontage Insufficient
.2
Lot Area Pre6kisting -
(e
2
Frontage Complies
3.,
Lot Area Complies;
3_ '
Preexisting frontage"
�-f e S
4
Insufficient Information
4
Insufficient Information
B
Use
5
Nd access over Frontage
1Allowed
G
Contiguous Building. Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4..
Special Permit Required
ye 5
3
Preexisting CBA -e-
5
5
Insufficientwlnfo oration
--_
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2.
_Complies
3
Leff Side lnsufrident
3
Preexisting Height
S
4
Right Side Insufficient
4
Insufficient Information
5
Rear Insufficient
�-(� S
(
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,.
y e s
4
Insufficient Information
2
In Watershed
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
q
1
More Parking Required
'4
2
Not in district
Li L- S
2
Parking Complies
3
Insufficient Information
3.
Insufficient.lnformation
4
Pre-existing Parking
iemegy for the
Item # ` Special -1
Site Plan
- Access of
Frontage.
Inde enden
_LEqt Estat,
Planned D_e
77 Planned Re
R-6 Density
is checked below
Planning Board
'pecial Permit
Frontage Special peri
n_Lot Special Permit.
I Special Pe rrnif`
19 Special Permit
etirement Special Pen
IY Housing Special Pe.
o Special Permit
lent District Snecim Pe
I Permit
Permit
Item # Variance
C F . . Setback Variance
Parking Variance.
T
for
Zo
Permit Use not
Permit t fo— r Sign
permit for prea,
Board
ling' Use ZBA
iit ZBA
d -but Similar
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 Any inaccuracies, misleading information, or other subsequent
changes to the information submitted by the applicant shall be ground 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 permit
application form and begin the permitting process.
1.2 -z? 3.
wilding Department Official Signaftie Application Received Application Denied
Plan Review Narrative
The following narrative is provided to further explain the reasons for -DENIAL for the
APPLICATION for the property indicated on the reverse side:
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SCJ � H, A-.
: APPLICATION FOR SEWAGE DISPOSAL INSTALLATION
HEALTH DEPARTMENT - NORTH ANDOVER, MASS.
g hergby make application for a permit for a sewage disposal installation at
q_e'L �1 I will install this system in ac-
cordance with all the laws of the Commonwealth of Massachusetts and regulations of
the Board of Health of the Town of North Andover.
Further, I will construct the house sewer of bell and spigot pipe, the minimum
diameter being 4 inches, and will maintain a minimum grade of 1% until 10 feet pre-
ceding the septic tank, where the grade shall not exceed 2%. I will install a con-
crete septic tank of /tt-z--r in size. A manhole (s) permitting easy cleaning
will be provided with removable cover (s) of iron or concrete within 12 inches of
the ground surface. I will provide subsurface disposal field with 4 inch perforated
or open jointed pipe and laid in a series of trenches, the 4bottom of which will pro-
vide a minimum of /9 a lineal (square) feet of effective absorption area.
The pipes will be laid on a 6 inch layer of washed gravel or crushed stone ranging
in size from 3/4 to 1-1/2 inches (dia.) and the pipes will be surrounded by similar
material to a height of 2 inches above the crown of the pipe. The joints of these
pipes will be protected from clogging and before filling the trench, 2 inches of
gravel or stone 1/8" to 1/4" (dia.) will be placed over the course gravel or stone.
The disposal field will be installed at a grade of 4 to 6 inches/100 feet. No single
tile line will exceed 100 feet in length and in any case, two lines of tile will be
installed. A minimum of 6 feet will be maintained between the center lines of the
disposal field trenches and the average depth of trench shall not exceed 36 inches.
No part -of the installation will be less than 100 feet from any private water supply,
25 feet from any stream, 20 feet from any dwelling or 10 feet from any property line.
I further agree not to cover any portion of this installation until approved by the
inspection officer, as provided below, and to incorporate any additional requirements
that may be attached to the permit. Plot Plans must be submitted with application.
DATE `� //- 70
V fi,2Y_-e_J 0
Signature of Applicant/g,
I hereby issue the above permit for the Board of Health of the Town of North
Andover, Massachusetts.
DATE 7o
Signature of health Agent
I have inspected the uncovered system indicated above and find everything done
as describ d.
DATE '7
Signature of Inqocting Officer
Percolation Test
Garbage Grinder'
4 - .
Ir b
BOARD OF HEALTH
TOWN OF NORTH ANDOVER, MASS.
Tt 3
l '
41,
6160
v
1. NAME DATE
2. ADDRESS LOT NO.j (� C3 s� TEL . - -
3. NO. OF BEDROOMS 4� DEN YES NO
4. GARBAGE GRINDER YES NO
5. SHOW DIMENSIONS OF HOUSE
6. SHOW DISTANCES OF HOUSE TO ALL PROPERTY LINES.
7. SHOW DIMENSIONS OF LOT -
8. SHOW LOCATION AND SIZE OF SEPTIC TANK OR CESSPOOL
.r�
g. NOTE LOCATION AND DISTANCE OF WELL FROM SEWERAGE SYSTEM
10. SHOW LOCATION OF BROOKS, STREAMS, DITCHES, LEDGE OUTCROP, ETC.
11. SHOW DISTANCE OF SEPTIC TANK OR CESSPOOL FROM HOUSE It b
NOTE: LOCAL REGULATIONS SHOULD BE READ CAREFULLY.
BOARD OF HEALTH OF NORTH ANDOVER, MASSACHUSETTS
SEWAGE DISPOSAL.
DATE 5ZJ 1Z7n
NAME OF APPLICANT R. W�rtnrkj,
LOCATION 851 Forest Rt.
Address of lot no,
BUILDING: Dwelling I Other
SYSTEM: New X Repair
GENERAL DESCRIPTION OF LAND high
SUBSOIL: Clay Gravel_X Sand
PERCOLATION TEST K minutes per inch.
MINIMUM INSTALLATION RECOMMENDATIONS
CONCRETE SEPTIC TANK I,DDD gallon capacity.
LEACH FIELD 18D lineal feet of drain pipe,
U
L jj
William J. Dri c 11, Engineer
Board of Healthj
�` y
w
Commonweafth of Massachusetts
Executive Office of Environmental Affairs
®apartment of
Environmental Protection
' Metro Boston/Northeast Regional Office
William F. Weld - -
t ::. Governor OCT 14
1994
Trudy S. Coxe
d Secretary. EOEA
Thomas B. Powers _-`7.
Acting Commissioner
= URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
"---Ms.-)Jisa- -Rfesna is
851 Forest St. 851 Forest St.
N. Andover, MA 01845 RTN #3-11719
NOTICE OF RESPONSIBILITY;
M.G.L. c.21E & 310 CMR 40.0000
Dear Ms. Bresnahan:
On October 12, 1994 at 11:50 AM, the -Department of Environmental Protection '(the
Department or' _t DEP) received„oral notification that there iso or has been a jrelease of oil
and%or„hazardous , material at the above -referenced property: which `requires .one or more
response actions. Based on this information, theDepartmenthas reason to believe thatthe
subject property or portion(s) thereof is a disposal site as defined in the Massachusetts Oil
and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, and the
Massachusetts Contingency Plan, 310 CMR 40.0000 (the MCP). The assessment and cleanup
of disposal sites is governed by M.G.L. c. 21E and the MCP.
The purpose of this notice is to inform you of your legal responsibilities under state
law for assessing and/or remediating the subject release. For purposes of this notice, the
terms and phrases used herein shall have the meaning ascribed to them by the MCP unless
the text clearly indicates otherwise.
STATUTORY LIABILITIES
The Department has reason to believe that you (as used in this letter, "you” refers to
Ms. Lisa Bresnahan) are a Potentially Responsible Party (a PRP) with liability under M.G.L.
c. 21E, § 5, for response action costs. Section 5 makes the following parties liable to the
Commonwealth of Massachusetts: current owners or operators of a site from or at which
there is, or- has been a release/threat of release of oil or hazardous material; any person who
owned or operated a site at the time hazardous material was stored or disposed of; any
person who arranged for the. transport, disposal, storage or_treatment of hazardous material
to or at a site; any person who transported hazardous material to a transport, disposal,
storage or treatment site from which there is or has been a release/threat of release of
10 Commerce Way • Woburn, Massachusetts 01801 0 FAX (617) 932-7615 • Telephone (617) 932-7600
0
1
Page 2 3-11719
such material; and any person who otherwise caused or is legally responsible for a
-' `release/threat of release of oil or hazardous material at a site.
This liability is "strict", meaning it is not based on fault, but solely on your status as
an owner, operator, generator, transporter or disposer. It is also joint and several, meaning
that
.you may be. liable for all response action costs incurred at the site, regardless of the
existence of any other liable parties.
The MCP requires responsible parties to take necessary response actions at properties
where there is or has been a release or threat of release of oil and/or hazardous material.
_ If you do not take the necessary response actions, or fail to perform them in an appropriate
and timely manner, the Department is authorized by M.G.L. c. 21E to have the work
performed by its contractors. By taking such actions, you can avoid liability for response
action costs incurred by the Department and its contractors in performing these actions, and
any sanctions which may be imposed for failure to perform response actions under the MCP.
You may be liable for up to three (3) times all response action costs incurred by the
Department. Response action costs include, without limitation, the cost of direct hours spent
by Department employees arranging for response actions or overseeing work performed by
persons other than the Department or their contractors, expenses incurred by the
Department in support of those direct hours, and payments to the Department's contractors.
(For more detail on cost liability, see 310 CMR 40.1200.)
The Department may also assess interest on costs incurred at the rate of twelve
percent (12%), compounded annually. To secure payment of this debt, the Commonwealth
may place liens on all of your property in the Commonwealth. To recover the debt, the
Commonwealth may foreclose on these liens or the Attorney General may bring legal action
against you.
In addition to your liability for up to three (3) times all response action costs incurred
by the Department, you may also be liable to the Com?: o-mvealth for damages to natural
resources caused by the release. Civil and criminal liability may also be imposed under
M.G.L. c. 21E, § 11, and civil administrative penalties may be imposed under M.G.L. c. 21A,
§ 16 for each violation of M.G.L. c. 21E, the MCP, or any order, permit or approval issued
thereunder.
NECESSARY RESPONSE ACTIONS
The subject site shall not be deemed to have had all the necessary and required
response actions taken unless and until all substantial hazards presented by the site have
been eliminated and a level of No Significant Risk exists or has been achieved in,
• 1
Page 3 3-11719
compliance with M.G.L.. c. 21E and the MCP. In addition, the MCP requires persons
undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs)
in response to "sudden releases', Imminent Hazards and Substantial Release Migration. Such
persons must continue to evaluate the need for IRAs and notify the Department immediately
if such a need exists.
The Department has determined that an IRA is required, including, but not limited
to the following response actions:
1. The removal and proper disposal of the impacted basement floor. -_- —_-- -
2. The excavation, stockpiling and proper disposal of a maximum of 100 cubic yards
of contaminated soil from under the impacted basement floor. This approval also
includes any shoring or other structural supports necessary to safely excavate the
contaminated soil.
3. The installation and operation of a vapor phase granular activated carbon
treatment system for the control of odors/VOCs. within the residence during.
excavation operations.
4. If necessary, install and operate a dewatering/groundwater treatment system to
dewater the areas being excavated. An emergency discharge permit must be obtained
from the USEPA prior to system startup.
The above response actions are necessary at the subject site to respond to the sudden
release of over 30 gallons of #2 fuel oil from the 275 gallon aboveground storage tank
located in the basement of the above referenced property. The release was the result of a
blow to the oil supply filter and valve assembly which snapped the assembly off the tank.
You must employ or engage a Licensed Site Professional (LSP) to manage, supervise
or actually perform the necessary response actions at the subject site. In addition, the MCP,
requires persons undertaking response actions at a disposal site to submit to the Department
a Response Action Outcome Statement (RAO) prepared by an LSP in accordance with 310
CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been
achieved at a disposal site or portion thereof. [You may obtain a list of the names and
addresses of these licensed professionals from the Board of Registration of Hazardous Waste
Site Cleanup Professionals at (617) 556-1145.1
There are several other submittals required by the MCP which are related to release
notification and/or response actions that may be conducted at the subject site in addition to
an RAO, that,
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Page 4 3-11719
unless otherwise specified by the Department, must be provided to DEP within specific
regulatory timeframes. The submittals are as follows:
(1) If one has not been submitted, a Release Notification Form (RNF) must be submitted
to DEP pursuant to section 310 CMR 40.0333 within 60 ' calendar days of the initial
date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the
date the Department issues a Notice of Responsibility (NOR), whichever occurs
earlier;
^(2) Unless an VRAO is submitted earlier, an Immediate Response Action (IRA) Plan
prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (310
CMR 40.0427) must be submitted to DEP within 60 calendar days of the initial date
of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date
the Department issues an NOR, whichever occurs earlier; and
(3) Unless an RAO is submitted earlier, a completed Tier Classification Submittal
pursuant to 310 CMR 40.0510, and, if appropriate, a completed Tier I Permit
Application pursuant to 310 CMR 40.0700, must be submitted to DEP within one year
of the initial date of oral notification to DEP of a release pursuant to 310 CMR
40.0300 or from the date the Department issues an NOR, whichever occurs earlier.
(4) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR
4.00, a fee of $750 must be included with an RAO statement that is submitted to the
Department more than 120 calendar days after the initial date of oral notification to
DEP of a release pursuant to 310 CMR 40.0300 or after the date the Department
issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not
required for an RAO submitted to the Department within 120 days of the date of oral
notification to the Department, or the date the Department issues an NOR,
whichever -date occurs earlier, or after Tier Classification.
It is important to note that you must dispose of any Remediation Waste generated
at the subject location in accordance with 310 CMR 40.0030 including, without limitation,
contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the
seal and signature of an LSP or, if the response action is performed under the direct
supervision of the Department, the signature of an authorized representative of the
Department.
Page 5 3-11719
The Department encourages parties with liabilities under M.G.L. c. 21E to take
prompt action in response to releases and threats of release of oil and/or hazardous material.
By taking prompt action, you may significantly lower your assessment and cleanup costs and
avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees
for response actions payable under 310 CMR 4.00.
If you have any questions relative to this notice, you should contact Timothy J. Boyle
at the letterhead address or (617) 932-7600. All future communications regarding this
release must reference the Release Tracking Number (RTN # 3-11719) contained in the
subject block of this letter.
Sincerely,
Timothy J. le
=
Environm tal En eer
Mary Bester-Colby
Branch Chief
Emergency Response Section
MBC/TJB
cc:
DEP data entry/file
N. Andover Board of Health
N. Andover Fire Department
Attachment: Release Notification Form; BWSC - 003
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
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Commonwealth of Massachusetts
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City/Town of North Andover R��
System Pumping Record q�� _7 `2011
Form 4
TOWN OF NORP RANDS VER
NT
DEP has provided this form for use by local Boards of Health. Other forms
information must be substantially the same as that provided here. Before using this form, check with your
local Board of Health to determine the form they use. The System Pumping Record must be submitted to
the local Board of Health or other approving authority within 14 days from the pumping date in
accordance with 310 CMR 15.351.
A. Facility Information
1. System Location:
851 Forest St
Address
N.Anodver
City/Town
2. System Owner:
Name
Address (if different from location)
City/Town
Ma
State
State
Telephone Number
01886
Zip Code
Zip Code
B. Pumping Record
1. Date of Pumping ate ( 2. Quantity Pumped: Gallons
3. Type of system: ❑ Cesspool(s) 9--S'eptic Tank Tight Tank ❑ Grease Trap
❑ Other (describe):
4. Effluent Tee Filter present? ❑ Yes ❑ No
b.
If yes, was it cleaned? ❑ Yes ❑ No
6. Sygtem Pumped By..
Name Vehicle License Number
Stewart's Septic Service
Company
7. Location where contents were disposed:
StaAs Pre-tre4kent Plant, 20 So. Mill Bradford, Ma 01835
Signa ure of Hatder Date
Signature of Receiving Facility
Date
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