HomeMy WebLinkAboutMiscellaneous - 88 JOHNSON STREET 4/30/2018of -p %
88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
ii All newly constructed residential homes must be oriented towards Johnson Street and
should maintain the rural character and integrity of the existing neighborhoods.
iii. All residential houses will be required to connect to municipal sewer.
iv. The construction of a residential structure on Lot #I shall be setback approximately
25 feet +/- from the horizontal plane of rear side of the existing home located on Lot
#2.
v. Existing stonewall is to be restored upon the completion of all newly constructed
residential homes.
5. This permit 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.
Therefore the permit will lapse on April 3, 2009.
cc: Applicant
Engineer
File
Conservation Commission
Building Department
Assessors Department
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88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
Robert E. Maurer
Prepared For: Robert E. Maurer
88 Johnson Street
North
Prepared by: Christiansen & SMA 01845
160 Summer Streetg
Haverhill, MA 01830
Scale: 1$1==40'
Plan Date: December 26, 2006 (Revised 3/5/07)
a. The Town Planner must approve any changes made to these plans. Any changes
deemed substantial by the Town Planner will require a public hearing and a
modification by the Planning Board.
Prior to Form U sign -off (the issuance of a Building Permit):
2. The Planning Board must endorse the final site plan mylars and three (3) copies of
Plans must be delivered to the PlanningP the signed
Registry of Deeds and proof of recording ust be submitted to the Plan must recorded at the
Planning Department.
a. The decision of the Planning Board must
Deeds and a be recorded at the Essex North Registry
of
Office. certified copy of the recorded decision must be submitted to the planning
b. The final drafted restriction must be submitted to the Town
review and approval by thepon
Planner for review. U
Town Planner, the Restriction must be recorded at the Essex
North Registry of Deeds and a copy of the recorded restriction must be submitted to x
Town Planner. the
c. The provisions of this conditional approval shall apply to and be
applicant, its employees and all upon the
successors and assignsbinding u
in interest or control.
3. The applicant must post a security with the Planning Board in the amount of5 0
that the obligations of Condition #4 noted below will be executed. $ 00 to ensure
4. Prior to release of security:
a. Lot 2 shall not be further subdivided. Certification of this must be provided to
Planning Department in the form of a restrictive covenant. The covenant shall b e
reviewed by the Town Planner, and if acceptable, then recorded at the Essex 11 e
Registry of Deeds. A copy of the recorded covenant must then be provided to North
Planning Department. the
b. A covenant must be placed on all three (3) lots which stipulates the followi
i. The runoff for the rooftops of all new buildings shall be completel iwi g
Y trated.
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Application 40D
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Albert P, Manzi III, Esq. C baimtkm
Ellen P. McIntyre, I , , r-Cbai wan
Richard,]. Byers, Esq, awk
Joseph D. LaGrasse
David R. Webster
Assoaale Member,,
Thomas D. Ippolito
Richard M. Vaillancourt
Daniel S. Braese, Esq,
Town of North Andover ` owatt Clrrk `t mt, Stump
ZONING BOARD OF APPEALS
Any appeal shall be filed within Notice of Decision
(20) days after the date of filing Year 2007
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
40A, §17 Pro erty at: Lot 1 A Johnson Street
NAME: Robert Maurer, 88 Johnson Street
HEARING: September 11, 2007
ADDRESS: Lot I Johnson Street PETITION: 2007-018
North Andover, MA 01845 TYPING DATE: September 19, 2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street, North Andover. MA on Tuesday, September 11, 2007 at 7:30 PM upon the
application of Robert Maurer, 88 Johnson Street, (Map 97, Lot 2-1A) for premises at: Lot dA Johnson Street,
North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning
Bylaw for relief of the right side setback in order to construct a proposed new single family dwelling. Said premise
affected is property with frontage on the East side of Johnson Street within the R-3 zoning district. Legal notices
were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general
circulation in the Town of North Andover on August 27 & September 3, 2007.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R.
Webster, and Thomas D. Ippolito. The following non-voting members were present: Richard M. Vaillancourt'and
Daniel S. Braese.
Upon a motion by David R. Webster and 2"d by Ellen P. McIntyre, the Board voted to GRANT a dimensional
Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 6' from the south side setback
in order to construct a proposed single family dwelling per:
Site: Lot IA Johnson Street (Map 97, Parcel 2-1A), North Andover, MA 10845
Site Plan Title: Variance Plan of Land, located in, North Andover, Mass., Owner & Applicant:
Robert E. Maurr, 8 Jo
Date (& Revised Dates): 8/24% 007 Reve8/29/2pp�son Street North Andover MA
Registered Professional Michael J. Sergi, R.P.L.S.03191, Philip G. Christiansen, R.P. Civil Engineer
Land Surveyor: 228895, Christiansen & Sergi, 160 Summer St. Haverhill, MA 01830
Sheet/Drawing: Dwg. No. 06070004
Date: Received Aug 16, 2007
[Sheet/Drawing: Front Elevation, Right Elevation, Rear Elevation, [left elevation, basement, first
floor, second floor]
With the following condition:
1. The Planning Board conditions for the Frontage Exception Permit dated April 5, 2007 shall apply to
Lot 1 A.
Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, 111, David R. Webster, and Thomas D.
Ippolito.
Pa -e 1 of 2
Phone - 97888-9541
1600 Osgood Str,ct, Building 20 - Suite 2-36, North Andover, Massuchusetts 01845
Fax - 978-688-9542
Web - wWW-townofiiorthandover,coin
X
Town of North Andover
ZONING BOARD OF APPEALS
\lbcrr P. \1anzi III, I's�l. CY:air.,xn;
telae P. Mclnh-rc, 1 7n-41l)rlirnhin OF NOR71l 9
Richard 1. overs, Fisd. (-'k k.
jr)svph D.
D:IN id R. Webster p
111nnas 1). Ihholim
Richard M. \':Iillancoure o -Arco plPP' �9
11111X1 S. linacsc, [.sq• LSSA usE�
i'ou•il SIfIlT y
The Board finds that owing to circumstances relating to the specific shape and topography of Map 97, Lot 2-1A,
Johnson Street and the siting of the abutting 88 Johnson Street 1830 dwelling's porch affects this land and proposed
structure but does not affect the Residential 3 zoning district in which it is located. The Board finds that Lot 1 A is
85' wide at the dwelling location required by the Planning Board in order to preserve the abutting structure and finds
that there is a steep grade from the proposed dwelling location's rear to the lot rear. The Board finds that the
applicant has received and registered a Frontage Exception Permit from the Planning Board with the following
conditions "4.b.ii. All newly constructed residential homes must be oriented towards Johnson Street and should
maintain the rural character and integrity of the existing neighborhoods..." and "4.b.iv. The construction of a
residential structure on Lot #I shall be setback approximately 25 feet +/- from the horizontal plane of rear side of the
existing home located on Lot #2." in order to preserve the streetscape approaching the Old Center Historic District.
The Board finds that a literal enforcement of the provisions of Paragraph 7.3 & Table 2 would involve substantial
hardship, financial or otherwise, to the petitioner. The Board finds that two abutters, Glen D. Johnson, 59 Salem
Street and Lane W. Goss, 89 Johnson Street, spoke in favor of the petition and that there was no written or spoken
opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw.
Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide
by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as
required by the Inspector of Buildings.
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 -
N07 Andover Zoning Board
A ert P. Manzi, 111, Esq., Chairman
,Ellen P. McIntyre, Vice Chairman
Joseph D. LaGrasse
David R. Webster
Associate Member
Thomas D. Ippolito
Decision 2007-018.
M97P2-1 A.
Page 2 of 2
1(00 Osgood Street. Bu]Idlll" 20 - Suite 2-36. North Andotcr. 4tashtsctt1'ltonc - 978•.88-9511 01815
ax
- 9?8-688_9542
k'v'cb - w«w.tov\ncatnorthnndover.com
Town of North Andover
ZONING BOARD OF APPEALS
1Ihcrt P Mann III, Fsq. t •hainnrul
*r,,,:,,� I,•,1.'.w., Sr3nq.
l llcn 11. Mcfnt\re. I ice-( •hnirmun of NORTH 1ti
Richard. 13Ners. I`sq. ('Ierk r ��• ;6•, e ,//•n�}� �.1I,^ �) I ., �}
Joseph 1). 1 A;rasse O a
David R Webster
Issociah, .1 hnnhers '
lhornas 1) Iplx>lito • ..w- . ,. F,
Richard M. Valllancourt 11�+0"Ar&° Off All
Daniel S. 13nicse. Esq. SSACHUS
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public
hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 11th
of September, 2007 at 7:30 PM to all parties interested in the application of Robert Maurer, 88
Johnson Street, (Map 97, Lot 2) for premises at: Lot 1A Johnson Street, North Andover, MA
requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning
Bylaw for relief of the right side setback in order to construct a proposed new single family
dwelling.
Said premise affected is property with frontage on the East side of Johnson Street within the R-3
zoning district.
Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,
Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of
8:30AM to 4:30PM.
By order of the Board of Appeals
Albert P. Manzi, III, Chairman
Published in the Eagle -Tribune on August 27 & September 3, 2007.
Legalnotice 2007-018.
M97P2- l A.
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1600 Osgood Strect. RuiIdin20 - Suite 2-31,. North Ando�cr. Massachlisctts Ol S 15
Phone - 978-688-9541 Fax - 978-688-T;42 Web - w�4��.to��nolilorthando�et
ZBA 4.65
Date .. %7.1b.-.0 .77.
TOWN OF NORTH ANDOVER
RECEIPT
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, .S
This certifies that........-1.Y1.S`Q.h..........:-?.'PIr�-,J�'I.C,-
has paidio ..1..`J.. AJV ....... `?. .131..............
for ve..6.I.d . '1.. !..-1 .... l .✓..r`1►!?
Receivedby ..............................- o. ........................................
Department......`-�7bA.............................................................
WHITE: Applicant CANARY: Department PINK: Treasurer
ZBA466
Date . I. t� .... 0.7
TOWN OF NORTH ANDOVER
RECEIPT
This certifies that dAk Si 1,-014 -,-;-Rr1- .....................
has paidkc,.- .. '. ....... t, q
-.7 )O<
for ...... i-.7. !�4y ....... s -<K ..... �T"
Received by ...... ..... '14. a-:v1n,-o14 ..........................................
Department .............. ;.2-
4
. ............................................ .... .. . ..
WHITE: Applicant CANARY: Department PINK: Treasurer
Zoning Board of Appeals North Andover
Hearing No.: ZBA.2007-0059 Date: August 16, 2007
APPLICATION TYPE: SUBMISSION DATE
Res. Variance - L9 t 4� Thu Aug 96, 2007
ADDlicanrs Name:
NAME:
MAURER, ROBERT E MARION E MAURER
ADDRESS:
88 JOHNSON STREET
TOWN:
NORTH ANDOVER
STATE
MA
ZIP CODE:
01846
PHONE NO.:
FAXNO.:
EMAIL ADDRESS:
Site Information:
Ownees Name:
NAME:
MAURER, ROBERT E MARION E MAURER
ADDRESS:
88 JOHNSON STREET
SITE ZONING:
TOWN:
NORTH ANDOVER
STATE:
MA
ZIP CODE:
01845
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
NORTHANDOVER, MA
Work Location.:
MAILING DATE:
SITE ZONING:
88 JOHNSON STREET
APPEAL DATE:
REFERRALS IN DATE:
TOWN:
HEARING CLOSE DATE
SECTION OF BYLAW:
NORTHANDOVER, MA
01845
7.3
GIS #
MAP:
BLOCK:
LOT:
ACTION TAKEN:
6108
097.0
1 0002
I
Reason for filing:
Res. Var. for Lot 1A, NERD Plan # 16762 from 7.$ Yard Setbacks, and Table 2 for relief of right side requirements.
HARDSHIP:
FINDINGS:
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:
MAILING DATE:
HEARING CONTINUED DATE:
DECISION DRAFT BY:
APPEAL DATE:
REFERRALS IN DATE:
HEARING DEADLINE DATE:
HEARING CLOSE DATE
FINAL SIGNING BY:
APPEAL DEADLINE:
FIRST ADVERTISING DATE:
HEARING DATE:
Tue Sep 11, 2007
VOTING DATE:
DECISION DATE:
SECOND ADVERTISING DATE:
HEARING TIME:
VOTING DEADLINE:
DECISION DEADLINE:
MEMBERS PRESENT:
VOTE:
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
MINUTES OF MEETING:
GeoTMS®1988 Des Lauriers & Associates, Inc.
.Mbert P. Many! III, Esq. C wirman
Ellen P. ,)vlclntyre, f 74V-04irnman
Richiad j. Byers, Esq, Clerk
Joseph D. LaGrasse
David R Webster
Assodwe Alemlxrs
Thomas D. Ippolito
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Town of North Andover
ZONING BOARD OF APPEALS
'I owl Q11'rk'I'nmvSt" n1p
tenty (20) days
Any appeal shall be filed within Notice of Decision :e of decision, filed
(20) days after the date of filing Year A. 2007 al ,p�%
of this notice in the office of the
j W A. Bradshaw
Town Clerk, per Mass. Gen. L. ch. Lown Clef*
40A, §17 Pro ert at: Lot lA Johrison Street
NAME: Robert Maurer, 88 Johnson Street HEARING: September 11, 2007
ADDRESS: Lot IA Johnson Street PETITION: 2007-018
North Andover, MA 01845 TYPING DATE: September 19, 2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street, North Andover, MA on Tuesday, September 11, 2007 at 7:30 PM upon the .
application of Robert Maurer, 88 Johnson Street, (Map 97, Lot 2 -IA) for premises at: Lot IA Johnson Street,
North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning
Bylaw for relief of the right side setback in order to construct a proposed new single family dwelling. Said premise
affected is property with frontage on the East side of Johnson Street within the R-3 zoning district. Legal notices
were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general
circulation in the Town of North Andover on August 27 & September 3, 2007.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, 111, David R.
Webster, and Thomas D. Ippolito. The following non-voting members were present: Richard M. Vail lancourtand
Daniel S. Braese.
Upon a motion by David R. Webster and 2"d by Ellen P. McIntyre, the Board voted to GRANT a dimensional
Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 6' from the south side setback
in order to construct a proposed single family dwelling per:
Site:
Lot IA Johnson Street (Map 97, Parcel 2-1A), North Andover, MA 10845
Site Plan Title:
Variance Plan of Land, located in, North Andover, Mass., Owner & Applicant:
Robert E. Maurer, 88 Johnson Street North Andover MA
Date (& Revised Dates):
8/24/2007, Rev: 8/29/2007
Registered Professional
Michael J. Sergi, R.P.L.S.#33191, Philip G. Christiansen, R.P. Civil Engineer
Land Surveyor:
#28895, Christiansen & Sergi, 160 Summer St. Haverhill, MA 01830
Sheet/Drawin :Dw
. No. 06070004
Date: Received Aug 16, 2007
Sheet/Drawing: Front Elevation, Right Elevation, Rear Elevation, [left elevation, basement, first
floor, second floor]
With the following condition:
1. The Planning Board conditions for the Frontage Exception Permit dated April 5, 2007 shall apply to
Lot l A.
Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, 111, David R: WebsteATTOMpias D.
Ippolito.
Page I of 2 A True Copy
G C S p M �lay .5, 1
D
OCT Ao'Ae7A-68g 5
BOARD OF APPEALS
vrn Clerk
1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massuchi.isc tta 01845
I Fax - 978-688-9542 Web - www.townothorthandover.com
'I'oxvii (1)f' No Nth A><ldover
ZONING BOARD OF APPEALS
-
I.11, n I' \Ir1.n!i rr, I—, VAORI'kf
41
v
The Board finds that owing to circumstances relating to the specific shape and topography of Map 97. Lot 2-1 A,
Johnson Street and the siting of the abutting 88 Johnson Street 1830 dwelling's porch affects this land and proposed
structure but does not affect the Residential 3 zoning district in which it is located. The Board finds that Lot I A is
85' wide at the dwelling location required by the Planning Board in order to preserve the abutting structure and finds
that there is a steep grade from the proposed dwelling location's rear to the lot rear. The Board finds that the
applicant has received and registered a Frontage Exception Permit from the Planning Board with the following
conditions " 4.b.ii. All newly constructed residential homes must be oriented towards Johnson Street and should
maintain the rural character and integrity of the existing neighborhoods..." and "4.b.iv. The construction of a
residential structure on Lot #I shall be setback approximately 25 feet +/- from the horizontal plane of rear side of the
existing home located on Lot 92." in order to preserve the streetscape approaching the Old Center Historic District.
The Board finds that a literal enforcement of the provisions of Paragraph 7.3 & Table 2 would involve substantial
hardship, financial or otherwise, to the petitioner. The Board finds that two abutters, Glen D. Johnson, 59 Salem
Street and Lane W. Goss, 89 Johnson Street, spoke in favor of the petition and that there was no written or spoken
opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw.
Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Pen -nit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide
by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as
required by the Inspector of Buildings.
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 fi-om 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 hearina-
Nof�i Andover Zoning Board Appeals�_<:!�—_
A Bert P. Manzi, Ill, Esq., Chairman
Il ,n P. McIntyre, ['ice Chairmcnt
Joseph D. LaGrasse
David R. Webster
,4 ssociate ,Ifelnber
Thomas D. Ippolito
Decision 2007-018.
M97P2-I A.
Page 2 of 2
ATTEST
A "Prue Copy
O (4.a.x.,
Town Clerk
I)UIlk1111
i h�;ti-_ i :�_r,; � �.. ; 1 i tit :iirtl? . uc!i;�i:t. ,•,l ;..t��i_;,cPl, !�I�-I,
ESSEX NORTH REGISTRY OF DEEDS
LAWRENCE, MASS. rU` fa -07-
A TRUE COPY: ATTEST,-
REGISTER Of DEEDS
._ `D
o D
OCT 31 LUU1
BOARD OF -APPEALS
RECEIPT
Printed: 10-30-2007 ® 11:53:48
Essex North Registry
Robert F. Kelley
Register
Trans#: 147658 Oper:KEVINA
Book: PL Page: 15825
Ctl#: 122 Rec:10-30-2007 ® 11:52:33a
DOC DESCRIPTION TRANS AMT
-------
PLAN
Surcharge CPA $20.00 20.00
5.00 TECH FEE 5.00
Plan recording 50.00
Total fees: 75.00
Book: 10955 Page: 83 Inst# 31547
Ctl#: 123 Rec:10-30-2007 111:52:33a
NAND
DOC DESCRIPTION
TRANS AMT
--------------
-----
NOTICE
Surcharge CPA $20.00
20.00
50.00 recording fee
50.00 °F
5.00 TECH FEE
5.00
Document Copy -Man
8.00
Total fees:
83.00
Ctl#: 124 Rec:10-30-2007
5 11:52:33a `
DOC DESCRIPTION
TRANS AMT
COPY MANUAL FEE ENTRY
k
Document Copy -Man
8.00
*** Total charges:
166.00
CHECK PM 2088
166.00
t'
1
Yx
M1
Lincoln Daley
TWO Planner
P (978) 688-9535
F (978) 688-95.12
Town of North Andover
Office of the Planning Department
Community Development and S*04�',
Osgood Landing :, r !
1600 Osgood �B #20,S,2 361001 APR I I ANI 11 47
North Andover, Massachusetts Olga
Any appy shall be filed
within (20) days after the
date of filing this Notice
in the office of the Town
Clerk.
NO-- T� O_F _DENS, ION
Bldg. ZBA
Con/Com Health
Fire Chief Police Chief
Town Clerk DPW/Engineer
Date: April 5, 2007
Date of Hearings: March 20 & April 3, 2007
Date of Decision: April 3, 2007
Petition ofi Robert L Maurer
88 Johnson Street, North Andover, MA 01845
Premises Affected: 88 Johnson Street, Map 97 - panel 2
Referring to the above petition with provision of M.G.L., C
Section 7.2.2 of the Zoning By1aw for a Frontage Exception �� 40A, Section 11 &located within the R 3 Zoning District. Special Peraut, prop, is
At a public hearing given on the above date and upon a motion made by Jennifer Kusek
and 2°d by Alberto Angles to approve a Frontage Exception Special Permit for
Johnson Street the Board voted unanimon 88
conditions: ah' favor based on the following
cc: file
APR 1 tOPF s 688-9541
�OARD OF APPEALS
Signed: e�l—&4,
Lincoln Daley, Town er on
behalf of the Planning Board
Richard Nardella, Chairman
John Simons, Vice Chairman
Alberto Jennifer KKusek Chair
BUR DING 6889545 OONSF.RVAnom 68&9530
�ALTni �'9 PL A*Mo 688.9535
88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
The Planning Board makes the following findings regarding the application of Robert E. Maurer,
88 Johnson Street, North Andover, MA 01845, requesting a Special Permit under Section 7.2.2
of the North Andover Zoning Bylaw for the creation of Frontage Exception for Assessor's Map
Map 97, Lot 2, located off Johnson Street.
FINDINGS OF FACT:
Lot 2 as shown on the Special Permit Plan, December 26, 2006 (Revised 3/5/07) conforms to all
of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows:
1. The area of Lot 2 exceeds by three times the minimum area required for that Zoning District.
2. The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width
of not less than fifty (50) feet at any point between the street and the existing home. Lot 2
contains 100 feet of frontage on Johnson Street.
3. There is not more than one other frontage exception lot contiguous to it.
4. The lot is located as not to block the possible future extension of a dead end street.
5. The creation of the proposed frontage exception lot will not adversely affect the
neighborhood. The development of single-family homes on lots in excess of 25,000 s.fis in
keeping with the current zoning and respects the rural character of the existing neighborhood.
6. The granting of this special permit will not be detrimental to the Town as a restriction on Lot
2 shall prohibit further subdivision of the parcel.
7. The creation of the frontage exception lot is in harmony with the general purpose and intent
of the bylaw.
8. There are no wetland resource areas located between the street and buildable portion of lot.
9. The issuance of this Special Permit is conditioned upon the approval of an Approval Not
Required, Form A Plan for the creation of three (3) lots as shown on the Special Permit Plan,
dated December 26, 2006 (Revised 3/5/07).
Upon reaching the above findings, the Planning Board approves this Special Permit with the
following conditions:
Special Conditions:`'
C=
-
1. This decision must be filed with the Essex North Registry of Deeds.
o
Include"
:CW
prof
this decision are the following plans:
Plans titled: Plan of Land Located in No. Andover, MA.
��
o
Record Owner & Applicant
:'`
_
••
2
'- TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
4AME: b 3FPz 7 MA I i=R
Procedure & Requirements
for an Application for a Variance
Ten (10) copies. of the following information must be
submitted thirty 30 days prior to the first public hearing.
Failure to submit the required Information within the
time periods prescribed may result in a dismissal by the
Zoning Board of an application as incomplete.
The information herein is an abstract of more
specific requirements listed in the Zoning Board
Rules and Regulations and is not meant to
supersede them. The petitioner will complete items
that are underlined
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a. Zoning Bylaw 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.
-44 STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
.:. cited in page 4, section 10 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST.
The pefitroner requests the Assessor's Office to compile
acetifred list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and ten (10) Xerox
copies of all the required information to the Town Clerk's
Office to becertified by the Town Clerk with the time
and date of fling. The original will be left at the Town
Clerk's Office, and the 10 Xerox copies will be left with
?(e Zoning Board of Appeals secretary.
MPORTANT PHONE NUMBERS:
)78-338-9533 Office of Community Dev: & .eivices
1800 Osgood Street,
"North Andover, MA 01845
fax for Community Development crfces
AUG8 5415) 3uilding Department
31 -+- 541 Z:ming Board of Appeals cffica
BOARD Or APPEALS
VAR�1AN 'E,,_,0FFiCE
2007 AUG 1 o Pr'1 3: 49
r. � .� ^ �� � t p_; � •t �� tiT�GW� G�el'1( �iTtB �i3
H ASSAC!:US T,.
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedule
the applicant for a hearing date and prepares the leC
notice for mailing to the parties in interest (abutters)
for publication in the newspaper. The petitioner is
notified that the legal .notice has been prepared and
cost of the Party Nn Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Off!
of the Zoning Board of Appeals and dellvers the leg,,
notice to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONIN
BOARD OF APPEALS:
The petitionershouldappear in his/her behalf, or be
represented by an agent or attorney. In the absence
any appearance without due cause on behalf of the
petition, the Board shall -decide on the matter by usir
the information it has received to date.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will
sent to all Parties in Interest. Any appeal of the Boai
decision may be made pursuant to Massachusetts
General Law ch. 40A § 17, within. twenty (20) days al
the decision is filed with.the Town Cleric.
STEP 10: RECORDING THE DECISION AND PLA)
The petitioner is responsible for recording certificatio
the decision, the Mylar; and any accompanying plan:
the Essex County, North Registry of Deeds, 381
Common St., Lawrence MA, and shall �,omplete the
Certification of Recording form and forwafd it to the
Zoning Board of Appeals and to the Building
Department.
North Andover Town Hall
120 Main Street
978-688-9501 Town Clerk's Office
978-688-9586 .Assessor's office
PAGE 1 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
Please complete all items 1 -10 below:
1. Petitioner:. *Name, *Address and telephone number:
RaBFwr A4. q u giEe,
891 JwtiSo ry s� ' Nole l �} �•t AvV .
*The petitioner shall be entered on the legal notice and the decision as entered above
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
Sa j=
Years Owned Land:
3. Location of Property:.
a. Street: COT-- ! Zoning District: �- 3
b. Assessors: Map number: ^i7 Lot Number: - /.A
c. Registry of Deeds:. Book Number: 13 a7 ,Page Number: 2�FIj
,4. Zoning Bylaw Section{s)* under which the
ariance is made.
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied -by the Building Commissioner.
5. Describe the Variance request:
RtaC G7-/) — V ,g tq.&)GE FOR rYE R164T 510C 5� i3Ac� rnJ o�F/Z
- CDIJST�2UC7' R ;S/n16CC' FAAvtl1-�j LO% to Jo*oSotj S7—
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 R.egulatlons as cited on page 4, section 9d this a,ppilcatlon.,Failure by the applicant to describe the request clearly
may *result In a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not Involve additional items not Included above.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension
($) that will not meet
current Zoning Bylaw Requlrements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage , Parking
Sq. Ft. Sq. Ft. Coverage . Feet Spaces Front Side A Side B Rear
A.
%
/
B.
%
Odum I n ANUuvtK ZONING BOARD of APPEALS application for a V AMIAN V r.
6B. Existing Lot:. NEWt-"Y c6c p7 -ED, Vofcj1 &) i yoi-
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
�j A
6 C. Proposed Lot(s)'
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces
is tiPr A/,ff a '
6 D. Required Lot: (As required by Zoning Bylaw & Table 2)
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces
261DOO N A N ,A
7A. Existing Building(s):
Ground Floor Number of Height Total
Square feet Floors Sq. feet
NA
Minimum Lot Setback
Front Side A Side B Rear
Minimum Lot Setback
Front Side A Side B
30 ZO ZO.
Use of
Building'
'Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s).
7B. Proposed Building(s):
Rear
'3O/
Number
of Units"
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building* of Units"
1600 oZ L 33 / 14160
'Reference Uses from the Zoning Bylaw & Table 1.
"State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and`legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismiss th Zoning Board of this application as incomplete.
Sionature: / 1 D // . _ --r W.,
S
C,e
BEeT n'114
I
PAGE 4 0.F4
9. WRITTEN DOCUMENTATION
Application for a Variance must be supported by a.
legibly written or typed memorandum setting forth in
detail all facts relied upon. When requesting a Variance
from the requirements of MGLA ch. 40A, Sec. 10.4 and
the North Andover Zoning By-laws, all dimensional
requirements shall be clearly identified and factually
supported. All points, A -F, are required to be
addressed with this application.
A. The particular use proposed for the land or
structure,
B. The circumstances relating to soil conditions, shape
or topography of such land or structures especially
affecting the property for which the Variance is
sought which do not affect generally the zoning
district in which the .property is located.
C. Facts which make up the substantial hardship,
financial or otherwise, which results from literal
enforcement of the applicable zoning restrictions
with respect to the land or building for which the
variance is sought.
D. Facts relied 'upon to support a finding that relief
sought will be desirable and without substantial
detriment to the public good.
E. Fads relied upon to support a finding that relief
sought may be given without nullifying or
substantially. derogating from the intent or purpose
of the Ordinance..
F. Submit RDA from Conservation Commission when
Continuous Buildable Area is' applied for in ZBA
application.
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.
A set of building elevation plans by a Registered
Architect may be required when the application
involves new construction/conversion/ and/or a
Proposed change In use.
10. A. Major Projects
Major projects are those, Which involve one of the
following whether existing or proposed:
1) rive (5) or more parking spaces,
IT three (3) or more dwelling units,
01) 2,000 square feet of building .area.
'Major Projects shall require, that in addition to the 1 B &
1 GC /eatures that the plans show detailed utilities, soils,
ind tcporgr�hic information.
i
VARIANCE
`110, 8. 'Plan Specifications:
1) Size of plan: Ten (10 ) paper copies, of a plan not
to exceed 11 "x,17", .preferred, scaie_af 1 "-40'
11)One (1) Mylar, with one block for Registry Use
Only, and one block for five (5) ZBA signatures & date.
H10 Plan shall be prepared, stamped and certified by
a Registered Professional Land Surveyor. Please
note that plans by a Registered Professional Engineer,
Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
'10 C. "Required Features On Plan:
1) Site Orientation shall include:
I. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300'. radius
5. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
II) Legend & Graphic Aids shall include:
I. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
I Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and land surveyor.
7. Locus
10 D. Minor Projects
Minorprojec�ts'Such as necks, sheds, .and garages,
shall require only the plan information as indicated with
an. asterisk ('). In'some cases further information may
be required:
11. APPLICATION FILING FEES
11• A. Notification fees: Applicant shall provide a
check or money order to: Town of North Andover .4022-1760-4841' for the. cost of first class, certified,
return receipt ($4.64 as of January 2006) x # of all
parties in interest identified in MGLA ch. 40A §11 on the
.butter's lis(for the legal notice check. ,also, the
applicant shall supply first class postage stamps
,S'-uirently. nf) x the # -of parties of interest cn the
abutter's tWfdr the decision mailing.
Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than 1"x2-5/8- (3 copies
for the Legal, and one .copy for the Decision mailing).
-i1. C. Applicant shall..provide a :.heck or money order
to: 'Town of North Andover" per 2005 Revised Fee
Schedule.
A Variance'Mce granted -by -rhe Z93A willapse n
1 tone) year if not exercised .and a new petition must
�:e se bmitted.1
oNCEo�fI
AUG 1 6 'LUUI
BOARD OF APPEALS
Zoning Bylaw Review Form
Town Of North Andover
is*
Building Department
1600 Osgood Street, Building 20, Smite 2-36North Andover, MA. 01545
Phone 976-688-0545 FOX 978-1988-9542
Slrset Lot 1A Johnson Street
M ot: 9712 - a6 Johnson 9tree
Applicant: Robeft Maurer
R uom: Consbuct now single family dwellin
Dates . W11 W07
Please be advised that after ravitaw of your Application And Plans that your Application is
DENIED for the following Zoning bylaw ressonvt
Zonina District: R-3
Variance
Site Plan Review Special Permit . C-4
Setback Variance
Acoeae other Dian Montage Special Porm(t
Parking Variance
Item
Notes
I
I Item
Notes
A
L& Area
Special Perrnits Zonin Board
F
Frontage
Urge Estate Cando Special Permit
1
Lot area Insul cletit
Sp KM Permit Use not Listed blit Simgar
1
Frdritage Insuffident
R-9 Denalty Spacial PFmnit
2
Lot -Area Preexisting
Supply Addlgbnal InfOrmatlon
2 ..
Frontage Com lies
x
Lot Area Com Iles
x
3
Preexistin fronts e
4
Insufficient Informatlon
4
Insufficient Information
B
13
Use
5
No access over Frontage
1
Allowed
x
G
Corltlguou_4 Building Area
2
Not Allowed
1'
Insufficient Area
3
Use Preaxlatln
2
Compiles
x
4
Special Permit Required
3
Preexisting CBA
S
insufficient informatlon
4 Insufficient Information
C
Setback
H
Building Height
7
All setbacks core
1
Height Exceeds Maximum
2
Front insufficient
2
Complies
x
3
Leff Side Insuffident
3,
Preexisting Height
4RI
ht Side insttffident
x
4
Insufflclant Information
5
Rear Insufficient
i
Building Coverage
6
Preexistin setbacks
1
Covera exceeds maximum
7
Insufficient Information
2•
Cove Complies
NA
D
Watershed
3
Coverage Preexisting
1
Not in Waterehed
x
4
insufficient Information
2
In Watershed
d
Sign
3
Lot pdor to 10/24/94
1
Sign not allowed
4
Zone to be Detarminad
2
Sign Com lien
NA
5
Insufficient Information
3
insufficient Information
E
HIStorle District
K
Parking
1
In 01striot review re ulred
1
More Parkl2q Required
2
Not In district
X
2
Parkina Cont plies
x
3
lnsuffident information •
Remedy for the above Is checked below.
Item 0 41eciai Permits Plannin Board Rom 9
Variance
Site Plan Review Special Permit . C-4
Setback Variance
Acoeae other Dian Montage Special Porm(t
Parking Variance
Frontage Exception Lot Spr4lal Pormlt
Lot Ama Varlence
Common DHveway spealal Pormlt
Height Variance
Congregate Housing 5peet,l Pemnit
Variano for Sign
ConNmiing Ciro RNrement Special Permit
Special Perrnits Zonin Board
111d"Orident Elderly Housing Specht Porml
SPeoiel Per1711t NorrConforming Use ZBA
Urge Estate Cando Special Permit
P-" Removal Spet4el Penult ZBA
Plenmed Development 17ie of Special
Permit
Sp KM Permit Use not Listed blit Simgar
Planned Raordrnilal Special Permit
$pnpl� 156ttttrl for 2 Unit
R-9 Denalty Spacial PFmnit
Special Parmlt Pre-existing, Non•
Conformin
wotnr;hed Special Permit
Supply Addlgbnal InfOrmatlon
The Jbove review and adichod oxpit n aw of such to 11MR10 on tho PJAM and Information submitted. No deffnitive
revtavv and or advice shad be beeed on vorlml mcplanoftns by the applleant nen than utio verbal explenattana by rho
eppYeant MW to provrtle dennleva ahmxam to the above reasons For DENIAL, Any Inaccuracies, misreading
Information, or other sutm(q ,m,t changes to the a trig etibn *LO mltted by the appkant shall be grounds' for thiti review Ib
be volded at the dl %a"on of die Building Deperlmant TM* attachdd doc meat tined Mnn Review Neram * ntWI ho
aNaohed hereto and tricorperatod herein by refarence. The buedltrg deportment will retest ar pIFn13 and drxwmentatien
for the a tea. You must file a new building pemilt appllcadon form and bogln the permitting proeooR,.
9
�G a
Bu ing rtmant el SlgnaWM App cation Recaivad Application led
Denial Sent
if Faxed Phom NumbgrlDRt2:
Pian Review Nafttive
The folluWng nsrraeve is provided to furfher explain the reasons for denial for the buAdlrl permit
,or 09 property indicated on the reverse side:
eRnfarmd To-
Firo
HeelHt
Ponca
X ZOnjM Eben! ofApowls
Congem4on
ttment of P011C Works
F'I9nn'
Commission
J.other
A.. -
9MOINO DEFT
VALIANCE REQUEST
Project Discussion
Listed below in italics are points A -P' from the variance procedures issued by the Town of
North Andover. Our responses to each item follow in non -Italicized text.
A. The particular use proposed for the land or structure:
This variance request is for a waiver of the 20' right side set back requirement to
14' to allow for the construction of a single family home of a design and in a
location which will in keeping with the nature of this historic neighborhood in the
Old Center of North Andover.
B. The circumstances relating to soil conditions, shape or topography of such land
or structures especially affecting the property for which the Variance is sought
which do not affect generally the zoning district in which the property is located.
The shape of this lot was developed because of the location of the original house
on the adjoining lot at 88 Johnson Street. The historical home at 88 Johnson Street
was located in such a way that configuration of property lines around it caused a
narrowing of the property at the proposed house location. A rectangular lot in this
zoning district with 125 feet in width and 20 feet for each sideline setback would
have a buildable width of 85 feet. The lot width at the location of the proposed
house is 85 feet width a buildable width of only 45 feet.
The Special Permit decision rendered by the Planning Board required that any
structure built on lot I be constructed behind a projection of the front line of the
house at 88 Johnson Street. This decision forces the house to be in the area shown
or farther back on the lot. See attached copy of decision.
The proposed house complies with the front, rear .and westerly property line
offsets. It does however require a reduction from 20 feet to 14 feet for the easterly
sideline offset.
This variance is required because of the location of the existing house at 88
Johnson Street and does not affect any other parcels in the zoning district.
If the porch were to be removed from 88 Johnson Street the side line could be
adjusted so this variance would not be needed. But such an extreme change to the
existing structure would detract from the character of the neighborhood.
p WT
U [007
D
SQARD Or APPEALS
C Facts which make up the substantial hardship, financial or otherwise, which
results from literal enforcement of the applicable zoning restrictions with respect
to the land or building for which the Variance is sought.
If enforcement of the zoning ordinance Were followed literally, the house in its
present design would have to be constructed substantially farther back on the lot,
and would be 87 feet from the rear property line rather than the present 142 feet.
It was clear to us from the special permit hearings that the neighbors to the rear
would prefer to have the house as far forward on the lot as possible, and that this
preference was endorsed by The Town Planner.
Alternately, the house would have to be redesigned so that its orientation would
be rotated 90 degrees such that the front of the house did not face Johnson street,
or the garage would have to be placed in front of the house; either of these options
would detract from the appearance of the neighborhood.
This request for variance has been discussed with three of the four immediate
abutters on Johnson Street (the fourth has been unavailable at the time if this
filing but will have been met with by the time of the meeting) and the three most
immediate Salem Street abutters; none has opposition to it and some have offered
to appear in support of it.
D. Facts relied upon to support a finding that relief sought will be desirable
and without substantial detriment to the public good.
The relief will allow construction of a house in this historic section of Town that
is in keeping with the appearance of the area. It provides for compliance with all
zoning rules except of the offset from the sideline that separates the proposed
house from Dr. Maurer's existing house. The public good is in no way
compromised by this decision.
E. Facts relied upon to support a finding that relief sought may, be given without
nullifying or substantially derogating from the intent of purpose of the Ordinance.
Because a house in a different location could be built on the property, the relief
sought may be given without nullifying or substantially derogating the intent or
purpose of the by law because:
1. the relief does not change the use of the land
2. the relief will not overcrowd the land
3. the relief will conserve the existing building
4. the relief will not increase traffic
5. the relief will not concentrate population
6. adequate air and light will be provided
2
I/
7. the relief will not increase fire hazards
8. the relief sought will not have any effect on public facilities
9. The relief will allow development to occur within the character of this
historic section of North Andover.
F. Submit PDA from Conservation Commission when Contiguous Buildable Area is
applied for in ZBA application.
Not applicable.
3
Lincoln Daley
TOwn Planner
P (978) 688-9535
F (978) 688-9542
Town of North Andover
Office of the Planning Department
Conununitl, Development and S
Osgood Landing �' ,� r ;? S1600 Os .
Big 20�, S�Street 2007 APR I I AN 11 4 7
North Andover, Massachusetts 0185
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the office of the Town
Clerk.
NOTI_�DECI ION
Bldg. ZBA
Con/Com Health
Fire Chief Police Chief
Town Clerk DPW/Engineez
Date of Hearings: April 5, 2007
VSs: March 20 & April 3, 2007
Date ofDecision: Apr113, 2007
Petition of.. Robert L Maurer
88 Johnson Street, North Andover, MA 01945
Premises Affected: 88 Johnson Street, Map 97 - Parcel 2
Referring to the above petition with provision of
Section 7.2.2 of the Zo • B M G.L. Chapter 40A, Section 11 &
located within the R-3 Zoningylaw for a Frontage Exception Special permit pro
District. peaty is
At a public hearing given on the above date
and 2 by Alberto Angles to approve a Frontage upon Ex a motion made by Jennifer
Johnson Strut the Board voted unanimon B option Special Permit for E5
ing
conditions; �7 favor based on the fdlowor
Signed: C�
Lincoln Daley, Town er on
behalf of the planning Board
Richard Nardella, Chaim
John Simons, ice Chairman
file Alberto Angles, Chair
cc:
Jennifer Kusek
APR 1 r PF 688-9541 BLMDIN 168"545 QONS�VAnoN688..BEgL
BOARD OF APPEALS 688-9540PL4NNING
68"335
88 Johnson Street, Lot 2
Special Permit Approval – Frontage Exception Lot
The Planning Board makes the following findings regarding the application of Robert E. Maurer,
88 Johnson Street, North Andover, MA 01845, requesting a Special Permit under Section 7.2.2
of the North Andover Zoning Bylaw for the creation of Frontage Exception for Assessor's Map
Map 97, Lot 2, located off Johnson Street.
FINDINGS OF FACT:
Lot 2 as shown on the Special Permit Plan, December 26, 2006 (Revised 3/5/07) conforms to all
of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows:
1. The area of Lot 2 exceeds by three times the minimum area required for that Zoning District.
2. The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width
of not less than fifty (50) feet at any point between the street and the existing home. Lot 2
contains 100 feet of frontage on Johnson Street.
3. There is not more than one other frontage exception lot contiguous to it.
4. The lot is located as not to block the possible future extension of a dead end street.
5. The creation of the proposed frontage exception lot will not adversely affect the
neighborhood. The development of single-family homes on lots in excess of 25,000 s.f. is in
keeping with the current zoning and respects the rural character of the existing neighborhood.
6. The granting of this special permit will not be detrimental to the Town as a restriction on Lot
2 shall prohibit further subdivision of the parcel.
7. The creation of the frontage exception lot is in harmony with the general purpose and intent
of the bylaw.
8. There are no wetland resource areas located between the street and buildable portion of lot.
9. The issuance of this Special Permit is conditioned upon the approval of an Approval Not
Required, Form A Plan for the creation of three (3) lots as shown on the Special Permit Plan,
dated December 26, 2006 (Revised 3/5/07).
Upon reaching the above findings, the Planning Board approves this Special Permit with the
following conditions:
Special Conditions:
�;.�
co
a
-
1. This decision must be filed with the Essex North Registry of Deeds.
g
Include_ pappof w_ M
this decision are the following plans:
�= = ~ _
—
'. i
Plans titled: Plan of Land Located in No. Andover, MA.
Record Owner & Applicant
.j
r::
2
y 88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
Robert E. Maurer
Prepared For: Robert E. Maurer
88 Johnson Street
Prepared by: North Andover, MA 01845
Y Christiansen & Sergi
160 Summer Street
Haverhill, MA 01830
Scale: 191--40'
Plan Date: December 26, 2006 (Revised 3/5/07)
a. The Town planner must approve an c
deemed substantial b y er g made to these plans. Any changes
modification b the Planning the Town planner will require a public hearing and a
Y arming Board.
Prior to Form U sign -off (the issuance of a Building Permit):
2. The Planning Board must endorse the final site plan m 1
Plans must be delivered to the Planning Y ars and three (3) copies of the signed
Registry of Deeds and proof of recordin DeP�ment. The Plan must be recorded at the
g must be submitted to the Planning Department.
a. The decision of the Planning Board must be recorded at the Essex North Registry
Office. copy of the recorded decision must be submitted to the lanni�n
Deeds and a certified
Planning
b. The final drafted restriction must be submitted to the To
review and approval by the Town Planner, the Restriction
Pllanner for review. Upon
North Registry of Deeds and a copy of the recorded iction • t be recorded at the Essex
Town Planner. tion must be submitted to the
c. The provisions of this .conditional a
applicant, its employees and all successors and Proval hllaply to and be binding upon the
3. The applicant must post a securityassigns m interest or control,
that the obligations of Condition #4 notedbelow wi Board in the amount of $5,000 to ensure
be executed.
4. Prior to release of security;
a. Lot 2 shall not be further subdivided. Certification of this
Planning Department in the form of a restrictive covenant, must be provided to the
reviewed by the Town planner, and if ecce The covenant shall be
Registry of Deeds. A co acceptable then recorded at the Essex North
PlanningDe PY of the recorded covenant must then be provided to the
Department.
b. A covenant must be placed on all three (3) lots which stipulates
n• The runoff for the rooftops of all new buildings shall pb ates the ely niltr
e completely infiltrated.
REQUEST FOR VARIANCE
PROJECT DISCUSSION
Section 10.4 of the North Andover Zoning Bylaw, Variances and Appeals, reads in part
that the Board may grant a variance "...where the Boards fmds that owing to
circumstances relating to soil conditions, shape or topography of land or structures and
especially affecting such land or structures but not affecting generally the zoning district
in general, a literal enforcement of the provisions of this Bylaw will involve substantial
hardship,.... to the ....applicant and that desirable relief may be granted without
substantial detriment to the public good...."
The irregular configuration of the lot was created by the location of the existing house.
The house which is historically significant has been owned by Robert Maurer for over 30
years and he has restored it to the condition it is today. Dr. Maurer plans to sell the
existing house to his daughter and build a house for him and his wife on the newly
created Lot IA.
The existing house stands on a reduced frontage lot that was recently created by special
permit. A requirement of that permit was that any proposed structure on Lot I would be
slightly behind the front of the existing house.
The proposed house is situated in line with the existing house but approximately 10 feet
behind it or 80 feet from Johnson Street. This location will suit the character of the site
and the neighborhood but requires a sideline offset reduction to 14 feet. The new house
will be 42 feet from the main structure of the existing house but only 35 feet from the
porch of the existing house.
An alternative to the proposal would be to move the house to the rear 56 feet. This would
allow the meeting of all offsets but would move the structure from 146 feet from the rear
to 90 within feet of the rear line.
A second alternative would be to put the garage in front of the house, thereby meeting the
side line offset with the house to the rear. Finally the house could be constructed with the
gable end facing the street.
Of the alternatives, the proposed structure offers the best fit with the nature of the area. It
keeps the proposed house within the visual construction limits of the existing house and
presents a fagade to the street that is in keeping with the neighborhood. The proposed
house is also farther from the neighbors to the rear than the alternatives would provide.
��CE�W 11
AUG '16 Zuu/
BOARD Or APPEALS
Lincoln Dalry
Town Planner
P (978) 688-9535
F (978) 688-9542
Town of North Andover
Office of the Planning Department
Community Development and S • '' _ 1.4
Osgood Landing1600 OsgoodSbW
��fN"i
B suite 2-36 2001 APR I I Al; 11 4 7
North Andover, Masswhusetts 01845
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the office of the Town
Clerk.
NOTICE OF DECISI[)rt
Bldg. ZBA
Con/Com Health
Fire Chief Police Chief
Town Clerk DPW/Engineei
Date: April 5, 2007
Date ofHear;ngs: Marsh 20
Date of Decision: April 3, 2007
April 3, 2007
Petition of.- Robert L Maurer
88 Johnson Street, North Andover, MA 01845
Premises Affected: 88 Johnson Street, Mop 97 - Parcel 2
Referring to the above petition with Provision ofMG.L.
ection 7.2.Z of the Zoning Bylaw for a Fro ' Chapter 40A,Section 11 d0:
located within the R-3 Zoning District. HBeCephon Special Permitprop, is
At
a public hearing given on the above date and upon a motion
made by °� by Alberto Angles to approve a Frontage Emption S p Jennifer Kusek
Johnson Street the Board voted ananimou Penult for 88
conditions:!' in livor based on the following
signed: d
Lincoln Daley, Town er on
behalf of the Planning Bid
Richard Nardek Chairman
John Simons, Vice Chairman
Alberto Char
cc: file JKuk
APR 1 PMBPF ass-9s4i BU1iDWo6g8-9343 OONSERVAIION688.933p HEgI,TH6gg„yS40
BOARD OF APPEALS M°6MOs3J
88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
ii All newly constructed residential homes must be oriented towards Johnson Street and
should maintain the rural character and integrity of the existing neighborhoods.
iii. All residential houses will be required to connect to municipal sewer.
iv. The construction of a residential structure on Lot #1 shall be setback approximately
25 feet +/- from the horizontal plane of rear side of the existing home located on Lot
#2.
v. Existing stonewall is to be restored upon the completion of all newly constructed
residential homes.
5. This permit 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.
Therefore the permit will lapse on April 3, 2009.
cc: Applicant
Engineer
File
Conservation Commission
Building Department
Assessors Department
4
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CA i7 ---f
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88 Johnson Street, Lot 2
Special Permit Approval - Frontage Exception Lot
The Planning Board makes the following findings regarding the application of Robert E. Maurer,
88 Johnson Street, North Andover, MA 01845, requesting a Special Permit under Section 7.2.2
of the North Andover Zoning Bylaw for the creation of Frontage Exception for Assessor's Map
Map 97, Lot 2, located off Johnson Street.
FINDINGS OF FACT:
Lot 2 as shown on the Special Permit Plan, December 26, 2006 (Revised 3/5/07) conforms to all
of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows:
1. The area of Lot 2 exceeds by three times the minimum area required for that Zoning District.
2. The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width
of not less than fifty (50) feet at any point between the street and the existing home. Lot 2
contains 100 feet of frontage on Johnson Street.
3. There is not more than one other frontage exception lot contiguous to it.
4. The lot is located as not to block the possible future extension of a dead end street.
5. The creation of the proposed frontage exception lot will not adversely affect the
neighborhood. The development of single-family homes on lots in excess of 25,000 s.f. is in
keeping with the current zoning and respects the rural character of the existing neighborhood.
6. The granting of this special permit will not be detrimental to the Town as a restriction on Lot
2 shall prohibit further subdivision of the parcel.
7. The creation of the frontage exception lot is in harmony with the general purpose and intent
of the bylaw.
8. There are no wetland resource areas located between the street and buildable portion of lot.
9. The issuance of this Special Permit is conditioned upon the approval of an Approval Not
Required, Form A Plan for the creation of three (3) lots as shown on the Special Permit Plan,
dated December 26, 2006 (Revised 3/5/07).
Upon reaching the above findings, the Planning Board approves this Special Permit with the
following conditions:
Special Conditions:
C
�o
a
1. This decision must be filed with the Essex North Registry of Deeds.
Incluftkgpa of " F-?
this decision are the following plans:
Plans titled: Plan of Land Located in No. Andover, MA.
_`! `-
_
„ rno
=�
Record Owner & Applicant
i
2
3.
4.
88 Johnson Street, Lot 2
Special Permit Approval _ Frontage Exception Lot
Prepared For:
Robert E. Maurer
Robert E. Maurer
88 Johnson Street
Prepared by:
North Andover, MA 01845
Christiansen 8t Sergi
160 Summer Street
Scale:
Haverhill, MA 01830
1 "=40'
Plan Date:
December 26, 2006 (Revised 3/5/07)
a. The Town Planner must approve anyc
deemed substantial by the Town pinnerr vvgll re es made to these plans, Any changes
modification by the planning Board quire a public hearing and a
Prior to Form U sign -off (the issuance of a Building Permit):
2. The Planning Board must endorse the
Plans must be delivered to the Planningfinal site Plan mylars and three 3
th
Rei Department. The Plan must be recorded at the ) copies of e sled
Registry of Deeds and proof of recording must be submitted to the tbe recorded
D
a. The decision of the PlanningPlanning Department.
ust
Deeds and a certified co�e mor � deci�0'rded at the Essex North Re 's
Office, sion must be submitted to the pla�nn°ing
b. The final drafted restriction must be submitted to the Town Planner review and approval by the Town planner, the Restriction must be recorded 1eview. Upon
North Registry of Deeds and a copy of the recorded restriction m at the Essex
Town Planner. must be submitted to the
c. The provisions of this conditional approval shall a 1 t
applicant, its employees and all successors and assigns y ° and be binding upon the
gns in interest or control.
The applicant m� P°� a security with the
that the obligations of Condition 4 noted below will
ward c the amount of $5,000 to ensure
executed
Prior to release of security:
a. Lot 2 shall not be further subdivided. Certification of this must be
Planning Department in the form of a restrictive covenant. Provided to the
reviewed by the Town Planner, and if acceptable, then recon The
at venant shall be
Registry of Deeds. A copy of the recorded covenant must then a the Essex North
Planning Department of
to the
b. A covenant must be placed on all stipulates
three (3)
lots which stiu
i. The runoff for the rooftops of all new buildings shall u completely the following:
mpletely infiltrated.
3
88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
ii All newly constructed residential homes must be oriented towards Johnson Street and
should maintain the rural character and integrity of the existing neighborhoods.
iii. All residential houses will be required to connect to municipal sewer.
iv. The construction of a residential structure on Lot #1 shall be setback approximately
25 feet +/- from the horizontal plane of rear side of the existing home located on Lot
#2.
v. Existing stonewall is to be restored upon the completion of all newly constructed
residential homes.
5. This permit 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.
Therefore the permit will lapse on April 3, 2009.
cc:
Applicant
Engineer
File
Conservation Commission
Building Department
Assessors Department
4
N
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0
0
r•=�,:.
.�
-ice
3.
4.
88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
Prepared For:
Robert E. Maurer
Robert E. Maurer
88 Johnson Street
Prepared by:
North Andover, MA 01845
Christiansen & Sergi
160 Summer Street
Scale:
Haverhill, MA 01830
1 "=40'
Plan Date:
December 26, 2006 (Revised 3/5/07)
a. The Town Planner must approve any changes made to theseP lans. Any changes
deemed substantial by the
modification by the PlanniTown planner will require a public hearin
ng Board. g and a
Prior to Form U sign -off (the issuance of a Building Permit):
2. The Planning Board must endorse the
Plans must be delivered to the Planning
site play mylars and three 3
g Department. The Plan must be r)ecc ded signed
Registry of Deeds and proof of recording must be atpies of e submitted to the Planning Department.
a. The decision of the Pl
Deeds and a certified coming Board must be recorded at the Essex North Re
Office.py of the recorded decision must be submitted to the Pls�anniing
b. The final drafted restriction must be submitted
review and approval by the Town Plannerto the Town Planner , the Restriction must be re or review. Upon
North Registry of Deeds and a copy of the recorded restriction mu corded t the Essex
Town Planner. st be submitted to the
c. The provisions of this .conditional approval shall apply applicant, its employees and all successors and llapy t o and be binding upon the
assigns in interest or control.
The
applicant must poi a security
that the obligations of Condition #4 noted thePlanning
m the amount of $5,000 to ensure
w willB
be executed
Prior to release of security:
a. Lot 2 shall not be further subdivided. Certification of this must be
Planning Department in the form of a restrictive covenant. The c Provided to the
reviewed by the Town Planner, and if acceptable, then recorded covenant shall be
Registry of Deeds. A copy of the recorded covenant must then b t the Essex North
Planning Department. a provided to the
b. A covenant must be placed on all three (3) lots which stipulates
i• The runoff for the rooftops of all new buildings shall be completely infiltrated.
3
323
�-- 26'
DINING
LIVING
40'
24'
ENTERTAINMENT
m STAIR
l TCHEN
TAIRS
I d�z FZ
ENTRY �
BREAKFAST
FA MIL Y
72'
32'
MASTER MBA TH BA TH
14'l 0
BEDROOM W1C BEDROOM
H7
STAIRS CLOSET CLOSET
i
6 BEDRO M
`W
4� 96'
SITTING �,
24'
72
32'
50'
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT: MGL 40A, Section 11 states in part'Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town."
Subiect Prooertv:
MAP
PARCEL
Name
Address
97
2
Robert Maurer
88 Johnson Street
North Andover, MA 01845
Abutters Properties
Map
Parcel
Name
Address
96
10
Clinton Coolidge
1,24 Salem Street
North Andover, MA 01845
96
11
Town of North Andover
1,A20 Main Street
North Andover, MA 01845
96
31
Peter Calkins
79 Johnson Street
North Andover, MA 01845
96
32
Town of North Andover
120 Main Street
North Andover, MA 01845
96
41
Renette PearsonSalem
Street
North Andover, MA 01845
96
47
Timothy Simpson
58 Salem Street
North Andover, MA 01845
96
50
Leonard Annalorot�79
Salem Street
North Andover, MA 01845
96
52
John Carter
0 Salem Street
North Andover, MA 01845
96
96
57
59
Thomas Patenaude
Maureen Payne
i,.100 Salem Street I p�North Andover, MA 01845
69 Salem Street✓,e'ri.t✓u eD I a�-0Aorth Andover, MA 01845
96
60
Glen Johnson
1069 Salem Street y 99 North Andover, MA 01845
�7
96
61
Michael Bower
49 Salem StreetvLU net/ q"raj
North Andover, MA 01845
96
62
Eric Bosco
V,39 Salem Street
North Andover, MA 01845
96
63
Lily Distefano
V29 Salem Street
North Andover, MA 01845
96
64
Edith Joy King
`74' Johnson Street
North Andover, MA 01845
96
65
Gary Calabrese
jA Johnson Street
North Andover, MA 01845
96
76
Pamela Burkardt
00 Milk Street
North Andover, MA 01845
97
1
John Parker
v0_30 Leanne Drive
North Andover, MA 01845
97
3
Peter Rodriques
128 Johnson Street
North Andover, MA 01845
97
4
Thomas Kelly
V75 Leanne Drive
North Andover, MA 01845
97
5
Joseph Torrisi
�fp,+(Ati ?d 87 Leanne Drive q • -C . o 7
North Andover, MA 01845
97
6
Benjamin Osgood
✓164 Johnson Street
North Andover, MA 01845
97
15
K.C. Kellan
t.49 Sutton Hill Road
North Andover, MA 01845
97
20
Thomas Burkardt
10 Milk Street
North Andover, MA 01845
97
22
Nancy Goss
6WJohnson Street
North Andover, MA 01845
97
28
Steven Marsh
493 Johnson Street
North Andover, MA 01845
97
29
Russell Karl
A Johnson Street
North Andover, MA 01845
97
30
William Crocker
V45 Johnson Street
North Andover, MA 01845
97
32
Matthew Ginsberg
-0125 Salem Street
North Andover, MA 01845
97
31
Richard Mallen
rlo47 Sutton Hill Road
North Andover, MA 01845
97
33
Jeffrey Thomas
L/4-4 Sutton Hill Road
North Andover, MA 01845
97
37
William Batchelder
x/(25 Heath Road
North Andover, MA 01845
97
38
Richard Misci
X154 Johnson StreetGj ./4D�
North Andover, MA 01845
97
39
Timothy Carroll
V30 Heath Road
North Andover, MA 01845
97
40
Walters Green
10136 Heath Road
North Andover, MA 01845
97
48
James Grieco
&,65 Leanne Drive
North Andover, MA 01845
97
49
Thomas Lamson
p2 Heath Road
North Andover, MA 01845
97
95
Vincent Carusi
146 Johnson Street
North Andover, MA 01845
97
96
Martin McGrath
0160 Johnson Street
North Andover, MA 01845
97
98
Grad Rosenbaum
VI Leanne Drive
North Andover, MA 01845
97
99
Janet Barros
x/33 Leanne Drive
North Andover, MA 01845
97
100
Jennifer Lutsky
�A5 Leanne Drive
North Andover, MA 01845
This certifies that the names appearing on th®
records of the Assessors Office as of
Certified Date= �
Date 8/7/2007
Page 1 of
AUG
BOARD Q: , ;
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town."
Subiect Property.
MAP
PARCEL
Name
97
2
Robert Maurer
Abutters Properties
Map
Parcel
Name
37.D
20
Charles Trafton
37.D
28
Lee Knowles
37.D
48
Timothy Maynard
97
47
Mark Rea
97
97
Jeffrey Manning
Address
88 Johnson Street North Andover, MA 01845
Address
X37 Salem Street) North Andover, MA 01845
151 Salem Street it/+4AJ �� r�� North Andover, MA 01845
60 Leanne Drive North Andover, MA 01845
1,85 Johnson Street North Andover, MA 01845
✓7 Leanne Drive North Andover, MA 01845
This Certifies that the names appearing on the
records of the Assessors Office as Of
Certified by: Date ej 7 ° 7
Date 8/7/2007
Page 2 of
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VARIANCE REQUEST
Project Discussion
Listed below in italics are points A -F from the variance procedures issued by the Town of
North Andover. Our responses to each item follow in non -italicized text.
A. The particular use proposed for the land or structure:
This variance request is for a waiver of the 20' right side set back requirement to
14' to allow for the construction of a single family home of a design and in a
location which will in keeping with the nature of this historic neighborhood in the
Old Center of North Andover.
B. The circumstances relating to soil conditions, shape or topography of such land
or structures especially affecting the property for which the Variance is sought
which do not affect generally the zoning district in which the property is located.
The shape of this lot was developed because of the location of the original house
on the adjoining lot at 88 Johnson Street. The historical home at 88 Johnson Street
was located in such a way that configuration of property lines around it caused a
narrowing of the property at the proposed house location. A rectangular lot in this
zoning district with 125 feet in width and 20 feet for each sideline setback would
have a buildable width of 85 feet. The lot width at the location of the proposed
house is 85 feet width a buildable width of only 45 feet.
The Special Permit decision rendered by the Planning Board required that any
structure built on lot 1 A be constructed behind a projection of the front line of the
house at 88 Johnson Street. This decision forces the house to be in the area shown
or farther back on the lot. See attached copy of decision.
The proposed house complies with the front, rear and westerly property line
offsets. It does however require a reduction from 20 feet to 14 feet for the easterly
sideline offset.
This variance is required because of the location of the existing house at 88
Johnson Street and does not affect any other parcels in the zoning district.
If the porch were to be removed from 88 Johnson Street the side line could be
adjusted so this variance would not be needed. But such an extreme change to the
existing structure would detract from the character of the neighborhood.
AUG 16 nuI I l
BOARD OF APPEALS
C Facts which make up the substantial hardship, financial or otherwise, which
results from literal enforcement of the applicable zoning restrictions with respect
to the land or building for which the Variance is sought.
If enforcement of the zoning ordinance were followed literally, the house in its
present design would have to be constructed substantially farther back on the lot,
and would be 87 feet from the rear property line rather than the present 142 feet.
It was clear to us from the special permit hearings that the neighbors to the rear
would prefer to have the house as far forward on the lot as possible, and that this
preference was endorsed by The Town Planner.
Alternately, the house would have to be redesigned so that its orientation would
be rotated 90 degrees such that the front of the house did not face Johnson street,
or the garage would have to be placed in front of the house; either of these options
would detract from the appearance of the neighborhood.
This request for variance has been discussed with three of the four immediate
abutters on Johnson Street (the fourth has been unavailable at the time if this
filing but will have been met with by the time of the meeting) and the three most
immediate Salem Street abutters; none has opposition to it and some have offered
to appear in support of it.
D. Facts relied upon to support a finding that relief sought will be desirable
and without substantial detriment to the public good.
The relief will allow construction of a house in this historic section of Town that
is in keeping with the appearance of the area. It provides for compliance with all
zoning rules except of the offset from the sideline that separates the proposed
house from Dr. Maurer's existing house. The public good is in no way
compromised by this decision.
E. Facts relied upon to support a finding that relief sought may be given without
nullifying or substantially derogating from the intent of purpose of the Ordinance.
Because a house in a different location could be built on the property, the relief
sought may be given without nullifying or substantially derogating the intent or
purpose of the by law because:
1. the relief does not change the use of the land
2. the relief will not overcrowd the land
3. the relief will conserve the existing building
4. the relief will not increase traffic
5. the relief will not concentrate population
6. adequate air and light will be provided
2
7. the relief will not increase fire hazards
8. the relief sought will not have any effect on public facilities
9. The relief will allow development to occur within the character of this
historic section of North Andover.
F. Submit RDA from Conservation Commission when Contiguous Buildable Area is
applied for in ZBA application.
Not applicable.
3
.A�
Lincoln Daley
Town Planner
P (978) 688-9535
F (978) 688-9542
Town of North Andover
Office of the Planning Department
Community Development and S •41!0- '�.`�!
Osgood Un&g jU 141.
1600 Osgood Street
Building #2o, snit. z-361007 APR I I Al;11 4 7
North Andover, Massachusetts 0185
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the office of the Town
Clerk.
NOTICE OF DE ISION
Bldg. ZBA
Con/Com Health
Fire Chief Police Chief
Town Clerk DPW/Engineei
Date of H Date: April 5, 2007
kgs: March 20 & April 3, 2007
Date ofDecision: April 3, 2007
Petition of Robert E. Maurer
88 Johnson Street, North Andover, MA 01845
Premises Affected: 88 Johnson Street, Map 97 - Parcel 2
Referring to the above petition with provision of M G.L., Chapter 40
Section 7.2.2 of the Zoning A, Section 11
located within the R-3 Z�8 Bylaw fora Frontage Exception Special Permit property is
Zoning District.
At a public hearing given on the above date and u
and 2m by Alberto Angles to approve a Frontage
a motion made by Jennifer
Johnson Street the Board voted unanimously B Exception Special Permit for 88
conditions; �y in favor based on the following
cc: file
pC�E VE,
APR 1 r �EAU698-9541
BOARD OF APPEALS
Signed:
Lincoln Daley, Town
behalf of the P eon
oard
Richard Nardelk Chaunm
John Simons, ice Chairman
Alberto Angles, Chair
Jennifer Kusek
BLM D]NO 688-9545 CONSERVAMN 688-9AI.Trr 688,9540 PLWNNG 6994533
88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
The Planning Board makes the following findings regarding the application of Robert E. Maurer,
88 Johnson Street, North Andover, MA 01845, requesting a Special Permit under Section 7.2.2
of the North Andover Zoning Bylaw for the creation of Frontage Exception for Assessor's Map
Map 97, Lot 2, located off Johnson Street.
FINDINGS OF FACT:
Lot 2 as shown on the Special Permit Plan, December 26, 2006 (Revised 3/5/07) conforms to all
of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows:
1. The area of Lot 2 exceeds by three times the minimum area required for that Zoning District.
2. The lot has a minimum continuous street frontage of not less than fifty (50) feet and a width
of not less than fifty (50) feet at any point between the street and the existing home. Lot 2
contains 100 feet of frontage on Johnson Street.
3. There is not more than one other frontage exception lot contiguous to it.
4. The lot is located as not to block the possible future extension of a dead end street.
5. The creation of the proposed frontage exception lot will not adversely affect the
neighborhood. The development of single-family homes on lots in excess of 25,000 s.fis in
keeping with the current zoning and respects the rural character of the existing neighborhood.
6. The granting of this special permit will not be detrimental to the Town as a restriction on Lot
2 shall prohibit further subdivision of the parcel.
7. The creation of the frontage exception lot is in harmony with the general purpose and intent
of the bylaw.
8. There are no wetland resource areas located between the street and buildable portion of lot.
9. The issuance of this Special Permit is conditioned upon the approval of an Approval Not
Required, Form A Plan for the creation of three (3) lots as shown on the Special Permit Plan,
dated December 26, 2006 (Revised 3/5/07).
Upon reaching the above findings, the Planning Board approves this Special Permit with the
following conditions:
Special Conditions:
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�
1. This decision must be filed with the Essex North Registry of Deeds.
Incl ud lt- pappof "� c
this decision are the following plans:
Plans titled: Plan of Land Located in No. Andover, MA.
Record Owner & Applicant
':'`
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2
A Y 88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
Prepared For:
Robert E. Maurer
Robert E. Maurer
88 Johnson Street
Prepared by:
North Andover, MA 01845
Christiansen & Sergi
160 Summer Street
Scale:
Haverhill, MA 01830
1 "=40'
Plan Date:
December 26, 2006 (Revised 3/5/07)
a. The Town planner must approve an
deemed substantial b Y changes made to these plans. Any changes
modification b the Planning the Town planner will require a public hearing and a
Y ung Board.
Prior to Form U sign -off (the issuance of a Buildin Permit):
g
2. The Planning Board must endorse the
final site plan mylars and three
Plans must be delivered to the Planning(3) copies of the signed
Registry of Deeds and proof of recording The plan must be recorded at the
g must be submitted to the Planning Department.
a. The decision of the Planning Board must be recorded at the Essex North Registry
of
Office. COPY of the recorded decision must be submitted to the lanniin
Planning
b' The final drafted restriction must be submitted to the To
review and approval by the Town Planner, the Restriction msplanner b for review. Upon
North Registry of Deeds and a copy of the recorded restrictionbe recorded at the Essex
Town Planner. must be submitted to the
c. The provisions of this .conditional approval shall apply to and
applicant, its employees and all successors and asst be binding upon the
gns in interest or control.
3. The applicant.must
Post a that the obligations of Condition security4 noted be 1
anning Board in the amount of $5,000 to ensure
low will be executed.
4. Prior to release of security;
a. Lot 2 shall not be further subdivided.
Certification of this must be provided to the
Planning Department in the form of a restrictive covenant.
reviewed by the Town planner, and if ecce The covenant shall be
Registry of Deeds. A co acceptable then recorded at the Essex North
Planning De PY of the recorded covenant must then be provided to the
8 Partment.
b. A covenant must be placed on all three (3)
i. The lots which stipulates runoff for the rooftops of all new buildings shall b ates the following:
_ e completely infiltrated.
3
ti
88 Johnson Street, Lot 2
Special Permit Approval — Frontage Exception Lot
ii All newly constructed residential homes must be oriented towards Johnson Street and
should maintain the rural character and integrity of the existing neighborhoods.
iii. All residential houses will be required to connect to municipal sewer.
iv. The construction of a residential structure on Lot #1 shall be setback approximately
25 feet +/- from the horizontal plane of rear side of the existing home located on Lot
#2.
v. Existing stonewall is to be restored upon the completion of all newly constructed
residential homes.
5. This permit 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.
Therefore the permit will lapse on April 3, 2009.
cc: Applicant
Engineer
File
Conservation Commission
Building Department
Assessors Department
4
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