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Miscellaneous - 880 GREAT POND ROAD 4/30/2018 (5)
i �� J Q W d d Q C U - CU O L L Q U m LO a� co chz wz+,o o < cu O o > 2000 Q a' -c �� a _0p(0 O Qz — Z 1 w z x 0 H Q RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 (978) 686-4041 FAX (978) 794-2088 attyrvivenzio@hotmaii.com .lune 3, 2008 Albert P. Manzi, III, Esq., Chairman NORTH ANDOVER ZONING BOARD OF APPEALS 1600 Osgood Street North Andover, MA 01845 RE: 880 Great Pond Road REQUEST FOR SIX (6) MONTH EXTENSION OF VARIANCE AS MODIFIED (G.L.c 40A, sec. 10) Dear Atty. Manzi: This office represents NA Great Pond Limited Partnership, owner of the property at the above address. As you know, a variance was granted for this property last August, which decision was recently modified by your board in April of this year. Copies of the original variance decision (Petition # 2007-014) and modification decision (same petition number) are attached hereto. For the past year, the applicant has expended a significant amount of time and effort in proceedings before the town's Conservation Commission and Planning Board in seeking approvals for construction of a single-family residence. While all conservation approvals have been obtained, the process is still ongoing before the Planning Board. You may recall that the variance obtained from your board is the very first step that is required by the provisions of the Watershed Protection District bylaws. Only after the variance was obtained from the Board of Appeals, was my client able to commence with seeking all other required approvals. D�C'I'lD JUN 3 - ZUUU BOARD OF APPEALS RAYMOND A. VIVENZIO Albert P. Manzi, III, Esq., Chairman June 3, 2008 Consequently, request is hereby made for a six (6) month extension of the rights granted to my client by the variance decision of your board on August 14, 2007, as modified on April 8, 2008, all as provided for under General Laws, Chapter 40A, Section 10. Thank you for your attention to this matter. Sincerely, Raymond A. Vivenzio RAV/ap Enclosures cc: Mr. and Mrs. Robert Ercolini Mr. William McLeod lbcrt P. NhIlzi 111, l:iscl. l.11co P. Mclwt re, 1 'ir;r-(.halrrian IZidurd 1. Byers, )-`.sq. (.yor.k, f US tph. D. 1.-,IGr:asge David R Webster Is.wtxde 11endmrt 11101u:)s [:). Ippolitn Th1S1k Cdrtifythadfwe*t(20)days havd-3B180sed franvdpW- j.f decision, filed without filing of an ap eat Date A. - Iftp Joytle A. Bradshaw Town 010 "Town of North Andover ZONING BOARD OF APPEALS Minor Modification to Notice of Decision Year 2007 Property at: 880 Great Pond Road r t . 'I (-,e 1) (1C A lime st;lmp NAME: NA Great Pond Limited Partnership, MODIFICATION DATE: 4-8-08 c/o Raymond A. Vivenzio, 89 Main Street, North Andover ..ADDRESS: for premises at: 880 Great Pond Road PETITION: 2007-014 North Andover The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 8, 2008, at 7:30 PM in the Town Hall Meeting Room, 120 Main Street, North Andover, MA upon the application of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting the Board to modify/clarify the dimensional Variance relief granted on August 14, 2007 from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraph 4.136.3.c.ii.3. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito, the Board found that the request is a minor modification correcting the clerical omission of the third setback requiring dimensional relief from the Non - Disturbance Buffer Zone of the Variance request and that this modification does not alter the intention of the Variance decision 2007-014 for 880 Great Pond Road. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and Td by Thomas D. Ippolito, the Board voted to GRANT the applicant's request to modify Variance 2007-014 to include the omitted phrase "variance is also granted from the two hundred fifty (250 foot horizontal dimension of the Non -Disturbance Buffer Zone from the annual mean high water mark of Lake Cochichewick ". In all other respects the original decision reins in full force and effect as modified hereby. Enclosure: Decision 2007-014. j.1 C%�c����C',e4�� North Andover Zoning Board "6f A'Mats A&rt P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. ( ,. Decision 2007-014 Modification " M103P111. A 'True, Copy ' ,owrvclerk 1600 OsL,o I tit., lildc, 20 - Sm to 2-36, Nod h Andover, NIA (184 I)honc - 9—'s-688-95-111 hi.x -'978-688 9442 Web - lb\lAN.towtiollloril1811dover.co11: Town of North Andover ZONING BOARD OF APPEALS .'1lbc11 P. Maltzi III, (sq. Chairman l llcn R Mclntvre, 17n -Chairman Richard 1. Bvers, '].-.sq. Uerk Joseph D. LaGrasse David R. A'e.bsterThis is to certify that twenty (20) dad As.roriate ;11 emherr have elapsed from date of dedslon, Tbotnas D. 1ppoltiMthout filing of a appeal, Richard M. Vaillancourt Date, 00 Daniel S. Braese, Esq. JOYoe A. 9redshaw Town clerk 4" tt�lo re e • o a L Town tar:rk Timr° Stn„ p 2107 FUGZJ f ATTEST: F A True Copy Any appeal shall be filed within Notice of Decision TJ"ar`" LQ �%a� (20) days after the date of filing Year 2007 of this notice in the office of the Town Clerk. Town Clerk, per Mass. Gen. L. ch. 40A, §17 Property at: 880 Great Pond Road NAME: NA Great Pond Limited Partnership HEARING(S): August 14, 2007 ADDRESS: 880 Great Pond Road PETITION: 2007-014 North Andover, MA 01845 TYPING DATE: August 21. 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, August 14, 2007 at 7:30 PM upon the application of NA Great Pond Limited Partnership, clo Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area in order to raze and reconstruct a single family dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within the R-1 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 June 25 & July 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The following non-voting member was present: Thomas D. Ippolito. Upon a motion by Joseph D. LaGrasse and 2"d by David R. Webster the Board voted to GRANT dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief 50'from the setback requirement of the Non Disturbance Zone's 100' Buffer Zone and 15' from the non -disturb zone in order to raze and reconstruct a single family dwelling; per: Site: 880 Great Pond Road (Ma 103, Parcel 111), North Andover, MA 10845 Site Plan Title: Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover, Mass, Town Ma No. 103, Town Lot No. 111 Date (& Revised Dates): 29, 2007 Registered Professional Land William S. MacLeod, Reg. Prof. Land Surveyor #29644, Andover Consultants Surveyor: Inc., 1 East River Place, Methuen, Mass 01844 Title: Ercolini Residence, Great Pond Road, North Andover5 Rob Bramhall Architects, 14 Park Street Andover, Massachusetts 01810 rBuildingPlan 05-01-07 Drawing: Al First Floor Plan, A2 Second Floor Plan, A3 East & North Elevation, A4 West & Southwest Elevation With the following condition: 1. The proposed structure shall not intrude closer than 50' into the no build zone and the proposed construction activity shall not exceed 15' of the previous disturbance per the engineered plan. Page 1 of 2 1600 Usgood Street, Building 20 - Suite 2-36, Nortli Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - %titivw.toN%noliiorthandover.com Albert P. Manzi III, .Esq. C75airman Ellen P. McIntyre, t Ice-Owirman Richard f. Byers, Esq. Clerk Joseph D. LaGrasse David It. Webster Assnrra/e Al embers 111nnas D. Ippolito Itichard M. Vaillancourt Daniel S. Braese, .Esq Town of North Andover ZONING BOARD OF APPEALS TOW -11 Clerk'T'imr Stamp �GO7 AJG 23 P'11 3: 15 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The Board finds that a Variance from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area is not required because the proposed single family dwelling will be a new structure. The Board finds that the lot designated 880 Great Pond Road (Map 103, Parcel 111) was created before October 24, 1994 therefore the provisions of the Conservation Zone, the enlarged Non -Disturbance Zone, and the Non - Discharge Zones do not apply. The Board finds that owing to circumstances relating to the shape and topography of 880 Great Pond Road (Map 103, Parcel 111), especially affect this land by being bounded on the north by Lake Cochichewick. The Board finds that the lot has existing water and sewer connections, that the proposed single- family dwelling's footprint is designed to stay outside the 50' no -build line. The Board finds that the permeable driveway paving and roof runoff infiltrators will lessen the impact of the lot usage on Lake Cochichewick, which is the purpose of the Watershed Protection District. The Board finds that the granting of this Variance will not affect generally the Residential 1 and Watershed Protection District zoning districts in which it is located and that a literal enforcement of the provisions of Section 4.136.3.c.ii.3 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that desirable relief may be granted from Section 4.136..3.c.ii.3 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 head North Andover Zoning ,Mbert P. Manzi, III, E; llen P. McIntyre, Vic; Joseph D. LaGrasse David R. Webster Associate Member Daniel S. Braese, Esq. Decision 2007-014. M103PI11. Page 2 of 2 1000 Osgood Street, 13uilding 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-689-9541 Fax - 978-688-9542 Web - ww'Nv.townofnorthandover.coui ULcrt I'. '',I:nlzi I11, l i�rl. r ,l: :i rsr•n 1'.Ili•il It, \li L1tlt ri�, 1 7; ;:_r','itiir-n;:�rt I i.)� Id R. 1C ch�ict' l'lu Haas. 1J. I ISI I��liu ) I%ichmd •M, \ �101:111court I ):mwl S. kr.losc, F"(1 Toxv,n of N c)rth Andover ZONING BOARD OF APPEALS Minor Modification to Notice of Decision Year 2007 Property at: 880 Great Pond Road NAME: NA Great Pond Limited Partnership, MODIFICATION DATE: 4-8-08 c/o Raymond A. Vivenzio, 89 Main Street, North Andover ADDRESS: for premises at: 880 Great Pond Road PETITION: 2007-014 North Andover The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 8, 2008, at 7:30 PM in the Town Hall Meeting Room, 120 Main Street. North Andover, MA upon the application of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting the Board to modify/clarify the dimensional Variance relief granted on August 14, 2007 from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraph 4.136.3.c.ii.3. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito, the Board found that the request is a minor modification correcting the clerical omission of the third setback requiring dimensional relief from the Non - Disturbance Buffer Zone of the Variance request and that this modification does not alter the intention of the Variance decision 2007-014 for 880 Great Pond Road. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito, the Board voted to GRANT the applicant's request to modify Variance 2007-014 to include the omitted phrase "variance is also granted from the two hundred fifly (250 ) foot horizontal dimension of the Non -Disturbance Buffer Zone from the annual mean high water mark of Lake Cochichewick ". In all other respects the original decision reins in full force and effect as modified hereby. j or-th Andover Zoning Board f Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Lice Chairman Richard J. Byers, Esq., Clerk :1 ssociate Members Thomas D. Ippolito Daniel S. Braese, Esq. Decision 2007-014 Modification. M103P111. Enclosure: Decision 2007-014. ( i )! � (h'_nr•�: �'•�l I'.•1�1C L1 � - �llll�' �--if-,�1::�lltiO�. ..,i 'V''; ' _ Town of North Andover ZONING BOARD OF APPEALS �- I.li%u I' "J, 1,1• I NORT)y Ricicucl I I;,(•ri. li cl i.IrrE: C I ).,.,cl 11C cha��•,This is to certify that twenty (20) da I r�,;•;;,• ,I;,,,,n,„ have elapsed from date of decision, r i iv uuns f7 it l,r,iti!�thcUt filing of alt appeal. �o r liicllanl \I \ 1111:iucunrt Date I hu,i I : li,ac . _ I•:�cl. Joyce A. Bradshaw Town Clerk SACHU5 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 tite Town Clerk, per Mass. Gena L. ch. 40A. §17 Pro erty K� AME: NA Great Pond Limited Partn eship ADDRESS: 880 Great Pond Road North Andover, MA 01845 at: 880 Great Pond Road HEARING(S): August 14, 2007 PETITION: 2007-014 I'I'P1NG DATE; August 21, 2007 ATTES'l' A True Cope 10. Town. Clerl The North Andover Board of Appeals held a public hearing at its re floor meeting room, 120 Main Street, North Andover, MA on Tuesday. Augur meeting2007 at 7 30 M upontop the application of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than filly (50) percent in gross floor area in order to raze and reconstruct a single family dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within the R -I 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 June 25 & July 2. 2007. The following voting members were present: Ellen P. McIn tyre, Joseph D. Webster, and Daniel S. Braese. The following non-voting member was present.- Thomas D. Ippoli ose, Albert P. Maf III' David R. Upon a motion by Joseph D. LaGrasse and 2"d by David R Webster the Board voted to GRANT dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3 c.ii.3 for relief 50'from the setback requirement of the Non Disturbance Zone's 100' Buffer Zone and 15' from the non -disturb zone in order to raze and reconstruct a single family dwelling., per: Site: 880 Great Pond Road (Ma 103, Parcel 111). North Andover, MA 10845 Site Pian Title: Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover. Date (& Revised Dates): May 29. 200 Ma No, 103, Town Lot No. 111 Registered Professional Land William S. MacLeod, Reg. Prof. Land Surveyor #29644, Andover Surveyor: Inc., 1 East River Place, Methuen Mass 01844 Consultants Building Plan Title: ErcoIini Residence, Great Pond Road, North Andover5 By: I Rob Brainhall Architects. 14 Park Street Andover. Massachusetts 01810 Date: 05-01-07 Sheet/Drai ing. I Al First Floor Plan, A2 Second Floor Plan. A3 East &Nonh Elevation, A4 West & Southwest Elevation With the following condition: 1• The proposed structure shall not intrude closer than 50' into the no build zone and the proposed con ion activity shall not exceed 15' of the previous disturbance per the engineered plan. IPage I of 2 Dull (.).,,uct� titre 1, l;utluni Ii - �tulc 2-2h I ltnnc - cls;;-�;RS-'�i l l Nonh .\ttlu��t. 1\in:;�ttc.ltuscll� Ill�.i� ,E _. .-1, rte.-iL.: �,.�� tt��x>Inonh,ntilc,�ct.unn \11wrr P..\lanzi It1, Iacl. (.;-4,71rVNII Lill<•n h. ,,\4rinl��rr, I "irc•C;le�ir.�;on Kich:nd j. Rt rs, 1=sq Clerk loscph D LaGr:cssr Dm id It ir.m,juh ;11n bru fljollos D. 111poliw Richerd .fit. v :,illancourr t): twl C. Btw.,;(, F:sc1 Town of North Andover ZONING BOARD OF APPEALS �10R'r 41 9 � a �•4 �R1r�o •��'�.�9 SSAC14USE� I 'I,rk imic SL•nuh BGG; rl'iC ,`! ': i 0 i v c)' - Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Bram. The Board finds that a Variance from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area is not required because the proposed single family dwelling will be a new structure. The Board finds that the lot designated 880 Great Pond Road (Map 103, Parcel 111) was created before October 24, 1994 therefore the provisions of the Conservation Zone, the enlarged Non -Disturbance Zone, and the Non - Discharge Zones do not apply. The Board finds that owing to circumstances relating to the shape and topography of 880 Great Pond Road (Map 103, Parcel 111), especially affect this land by being bounded on the north by Lake Cochichewick. The Board finds that the lot has existing water and sewer connections, that the proposed single- family dwelling's footprint is designed to stay outside the 50' no -build line. The Board finds that the permeable driveway paving and roof runoff infiltrators will lessen the impact of the lot usage on Lake Cochichewick, which is the purpose of the Watershed Protection District. The Board finds that the granting of this Variance will not affect generally the Residential 1 and Watershed Protection District zoning districts in which it is located and that a literal enforcement of the provisions of Section 4.136.3.c.ii.3 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that desirable relief may be granted from Section 4.136,.3,cli.3 without substantial detriment to the public: good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: I. 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 head North Andover Zoning Albert P. Manzi, III, E; Ellen P. McIntyre, Vice Joseph D. LaGrasse David R. Webster Associate Alember Daniel S. Braese, Esq, Decision 2007-014. M103PI11. Page 2 of 2 I'honc - 978-689-9541 11;()() OsuoOd .Street, If lddutg ?o - S1 ifc 2-3(;, North iVtdovcr, %,j;"'st(chusells 01845 Fltx - 974-1i88-9542 14'ch - c ��u.lo��nolicorlh;uiduvcr.cutu RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 (978) 686-4041 FAX (978) 794-2088 attyrvivenzio@hotmaii.com Zoning Board of Appeals TOWN OF NORTH ANDOVER 1600 Osgood Street , North Andover, MA 01845 RE: 880 Great Pond Road Dear Sir/Madam: March 14, 2008 As you are aware, there is a pending request to modify/clarify the board's prior variance decision concerning this lot, which is on the agenda for the board's next meeting. In connection therewith, would you kindly file the enclosed letter from Andover Consultants, Inc., dated March 10, 2008. Thank you for your attention to this matter. Sincerely Raymond A. Vivenzio RAV/mw Enclosure cc: Mr. Robert Ercolini MAR 18 dod BOARD C�= ,`kPPEALS FROM : ANDOVER CONSULTANTS,INC. PHONE NO. : 978 686 5100 Mar. 10 2008 09:24AM P2 andover 1 East River Place consultants Methuen, Massachusetts 01844 inc. Tel, (978) 687-3828 Fax (978) 686-5100 March 10, 2008 Atty, Raymond Vivenzio 89 Main St. No. Andover, MA 01845 RE: 880 Great Pond Rd. North Andover, Mass, Dear Attorney Vivenzio: This letter shall confirm our conversation today regarding the above referenced project. Over 80% of the lot area falls within the 250 ft, no -disturbance zone from the edge of Lake Cochichewick. The existing dwelling, proposed dwelling and major portion of the driveway, by necessity, falls within this zone. If you need additional information, feel free to contact me at any time. Sincerely, ANDOVER CONSULTANTS INC. William S. MacLeod, P.1^., P.L.S. President WSM/an er/Atty.Vivenzio.doC ail MAR 18 Ma ,`" avll Engineers • Land Surveyors • Land Planners BOARD OF APPEALS Eggleston • March 12, 2008 North Andover Conservation Commission 1600 Osgood Street Building 20, Suite 2-36 ����'��® North Andover, MA 01845 RE: Stormwater Management Review MAR 12 2008 880 Great Pond Road, Crusader Paper Company NORTH ANDOVER CONSERVATION COMMISSION Dear Commission Members: Per your request, I have conducted an initial technical review of the proposed development at 880 Great Pond Road in North Andover with respect to stormwater management. The materials I have received and reviewed to date include the following: ■ Plan Showing Proposed Dwelling (Site Plan), 880 Great Pond Road, North Andover, MA. Prepared by Andover Consultants, Inc. and dated December 3, 2007, revised March 5, 2008. ■ Landscape Plan, 880 Great Pond Road, North Andover MA. Prepared by Weinmayr-Jay Associates, Inc. and dated March 5, 2008. I also conducted a brief visit to the site this morning to observe existing conditions. It is my understanding that, due to its size, this project is not subject to the requirements of the stormwater management and flood storage standards (Section IV) of the North Andover Wetlands Bylaw or the Massachusetts Wetlands Protection Act and Stormwater Management Policy. I have therefore focused my comments on the overall stormwater management concept for the site, the proposed drainage system design, and potential hydrologic impacts to wetland resources. My comments are outlined below: 1. The proposed project does discharge within a critical area, the Lake Cochichewick watershed area, and nearly all of the proposed development is within the 250 -foot non -disturbance zone to the reservoir. The project should therefore be held to the highest standards with regard to stormwater management. 2. No runoff calculations have been submitted comparing predevelopment runoff flows to post -development conditions. Preservation of existing drainageways also needs to be addressed. 3. As proposed, the flow from impervious surfaces on the site (the roof and semi - pervious driveway areas) will be directed to three subsurface infiltration trench systems. However, the infiltration systems appear to have been sized to store only 0.5 inches of runoff from these surfaces, e.g. the water quality volume. There is 880 Great. Pond Road, Technical Review March 12, 2008 N no indication of where overflow from the systems will occur, and what impact the increased rate of runoff might have on adjacent resource areas. It is also not clear from the plans how the roof area is being distributed among the three infiltration systems. 4. Site specific soil testing data is needed to confirm the soil type, depth to groundwater, depth to bedrock, and storage capacity at the proposed stormwater infiltration system locations. 5. No detail is provided for the proposed catchbasin. 6. Given its sensitive location, more detail is needed on the proposed erosion and sediment control measures to be undertaken during construction. 7. Ongoing maintenance of the proposed drainage structures should be addressed. 8. The site plan is incorrectly shown as having a scale of 1"=800'. I believe the correct scale is 1"=20'. The plan should also be signed and stamped by a registered professional engineer. I appreciate the opportunity to assist the North Andover Conservation Commission with the review of this project, and hope that this information is suitable for your needs. Please feel free to contact me if you or the applicants have any questions regarding the issues addressed herein. Sincerely, EGGLEsTON ENVIRONMENTAL Lisa D. Eggleston, P.E. Town of North Andover June 24, 2008 Raymond A. Vivenzio, Esq. 89 Main Street North Andover, Massachusetts 001845 RE: NA Great Pond Limited Partnership 880 Great Pond Road North Andover, Massachusetts 01845 Regarding your request for a six (6) month extension of your Variance; please be advised that the Zoning Board `of Appeals approved a six (6) month extension relative to the premises affected at 880 Great Pond Road (Map 103, Parcel 111), North Andover, Massachusetts. Mass. Gen. L., ch. 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months". The Zoning Board of Appeals voted to extend the Variance decision 2007-014 for 880 Great Pond Road for six (6) months from August 14, 2008 to February 14, 2009 during the regular June 10, 2008 meeting upon a motion by Richard M. Vaillancourt and 2"d by Ellen P. McIntyre. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, ,Richard J. Byers, Albert P. Manzi, III, and Richard M. Vaillancourt. Nplih Andover Zoning Soard of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate :Member Richard M. Vaillancourt cc: Town Clerk ZBA file 2007-014. M103PIII. 1c 00d- (i titnlc' Phone - 97.X -688-Y54 I TQj R-aR5-95.7- ,arch - Nvay���.to�,n;>fi��.?r?',a!fds,vc�.r cern ZONING BOARD OF APPEALS \lhi•r P. \1:111zi t11, .r. ll. <,;I,,TO;ew,. Richard 1. bycrs, t,�q lYek ►o�epl! D. 1-ac.;l'assr of N°[xTN q morn 1.N_1 n h' .�t�-eO �e %O L� 1. '.iii � 1 I 11 ! " "� 3� a`. o , Dm:id R. Web"Ier 1.vso,r:rle,1l vben o M '11 D. ippolilo Ric herd M \ aillarlco u] Daniel S. 131-acsc'9sSacwuS�� June 24, 2008 Raymond A. Vivenzio, Esq. 89 Main Street North Andover, Massachusetts 001845 RE: NA Great Pond Limited Partnership 880 Great Pond Road North Andover, Massachusetts 01845 Regarding your request for a six (6) month extension of your Variance; please be advised that the Zoning Board `of Appeals approved a six (6) month extension relative to the premises affected at 880 Great Pond Road (Map 103, Parcel 111), North Andover, Massachusetts. Mass. Gen. L., ch. 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months". The Zoning Board of Appeals voted to extend the Variance decision 2007-014 for 880 Great Pond Road for six (6) months from August 14, 2008 to February 14, 2009 during the regular June 10, 2008 meeting upon a motion by Richard M. Vaillancourt and 2"d by Ellen P. McIntyre. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, ,Richard J. Byers, Albert P. Manzi, III, and Richard M. Vaillancourt. Nplih Andover Zoning Soard of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate :Member Richard M. Vaillancourt cc: Town Clerk ZBA file 2007-014. M103PIII. 1c 00d- (i titnlc' Phone - 97.X -688-Y54 I TQj R-aR5-95.7- ,arch - Nvay���.to�,n;>fi��.?r?',a!fds,vc�.r cern RECEib'E_D Town of North Andover JOYCE BRADSHOffice of the Building Department 11 8 A 5✓ x �z . �AORTH Ate` Of TO `� Development and Services Division Pl0RTh 04iity William J. -Scott, Division Director 1001 JAN 18 p 12:3 27 Charles Street D. Cobert tiicetta orth Andover, Massachusetts 01.845 n 6il�t.✓'1Ti� C..01!"!1Cl1�S10�!L'.1" Notice of Decision Any appeal shall be filed within 1201 days after the Year 200 date of filinq of this notice in the office of the Town Clerk. Property at: 1048 Great Pond Road Telephone (978) 6SS-9545 Fax (97/8) 688-94= NAME: Marc & Pamela Rudick DATE: January 10, 2001 ADDRESS: 1048 Great Pond Road PETITION: 039-2000 North Andover, MA 01845 HEARING: 12/12/2000 & 1/9/2001 The North Andover Board of Appeals held a regular meeting on Tuesday, January 9, 2001st 7:30 PM upon the application of Marc & Pamela Rudick, 1048 Great Pond Road, North Andover, MA for a Special Permit (within the Watershed) from Section 9, Paragraph 9.2 to allow for the altering/rebuilding of an addition of a family. room and garage on a pre-existing dwelling, therefore, having 3 dwellings on one parcel, on a non- conforming lot within the R-1 Zoning District. The following members were present: Walter F. Soule, Raymond Vivenzio, Robert Ford, Ellen McIntyre, George Earley. Upon a motion made by Walter F. Soule and 2"d by George Earley the Board voted to GRANT a Special Permit from Section 9, Paragraph 9.2 to allow for the altering/rebuilding of a family room and garage on a pre-existing house on a non -conforming lot, on the condition that the petitioner submit the Plan of Land to the Planning Board as the petitioner feels he is outside of the Watershed area. In accordance with the Plan of Land by: Craig A. Vancura, PLS, 336127, Hancock Survey Associates, Inc. 235 Newbury St., Danvers MA 01923, dated: revision 01/08/01.Voting in favor. WFS/RV/RF/EM/GE. The Board finds that the applicant has satisfied the provision of Section 9, Paragraph 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. . Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, they 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, they shall lapse and may be re-established only after notice, and a new hearing. Board of Appeals, / Raymond Vivenzio, acting Chairman MI/Decisions 2001 11 l.R ; r;i 1;'I'I:.\i_ ;ISI11.MM; h,,�_954} CONSTAO \TIOX i'NN_rii.10 111—A. 11! ;,j;;_, =. i? . !'I..\\\1\'U _' S; a aoHrh Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 't!q °NAifa Ate` Ry SSACHUs�S Phone 978-688-9545 Fax 978-688-9542 Street: I l.#,) y Ma /Lot ..� uvet. aCc�ti t«:v 7`0 a/li,t�� Date: /©— 6 —40 o Please be advised -that -after review of your'Application anti Plans your -Application is, APPROVED / DENIED for the following Zoning Bylaw reasons: Zoning for the above is checked below. The above review and attached explanation of such Is based o;, the plans, request for or Information submitted.by the applicant No definitive review and or advl:z shall be used on .verbal explanations by the applicant nor shall such verbal explanations serve to provide definitive answers to the above reasons for this action. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and Inco herein by reference. a bu' ing pa nt Will.retain all plans and documentation for the above file. incorporated uilding Department fficial Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review .Narrative The following narrative is provided to further explain the reasons for the action on the property indicated on the -reverse side: KOMed To: Fire Health .Police Zonis :Board 36nservation De aitment of Public Works )then f } Plan Review .Narrative The following narrative is provided to further explain the reasons for the action on the property indicated on the -reverse side: KOMed To: Fire Health .Police Zonis :Board 36nservation De aitment of Public Works )then RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 (978) 686-4041 FAX (978) 794-2088 attMivenzio@hotmail.com February 25, 2008 Albert P. Manzi, I11, Esq., Chairman ZONING BOARD OF APPEALS Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: 880 Great Pond Road REQUEST TO MODIFY/CLARIFY DECISION Dear Chairman Manzi: As you may recall, I represented NA Great Pond Limited Partnership in obtaining a variance from your board for construction of a new residence in the Watershed Protection District at the above address. A copy of the board's decision is attached hereto, The variance requested and granted was pursuant to the provisions of Section 4.136.3 c. ii. 3, which states that a new permanent structure shall be an allowed use within the Non- Disturbance Buffer Zone by Special Permit, "after a variance has been granted by the Zoning Board of Appeals." The denial letter of the Building inspector in this case clearly states that a . variance front 4.136.3 c. ii. 3 is required from the 2'.i3A to construct a new permanent structure in the Non- Disturbance Buffer Zone. See copy attached and portion highlighted in yellow. The applicant's petition clearly references the same section of the bylaw, and the Memorandum attached to the petition states that "virtually the entire lot is within the Non- Disturbance Buffer Zone and the ... residence is within the 100' buffer zone from the wetland resource area." See copy attached and portion highlighted in yellow. The legal notice clearly states that the petition requests " dimensional variance from the Watershed Protection District's Non- Disturbance Buffer Zone... Paragraph 4.136.3 c. ii. 3 for relief from the setback requirement..." See copy attached. o D F Lb 2 7 LUUU BOARD OF APPEALS RAYMOND A. VIVENZIO Albert P. Manzi, III, Esq., Chairman February 25, 2008 The board's decision specifically provides that the variance granted is for a "dimensional variance from the Watershed District's Non- Disturbance Buffer Zone.. paragraph 4.136.3 c. ii. 3..." While the actual number "two hundred fifty (250)" is not specifically stated in the documents described above, the definition of Non- Disturbance Buffer Zone in paragraph 4.136.2.b. iii. precisely describes the zone as being "two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick... " Also, and most compelling, the beginning paragraph of the section under which the variance was granted repeats exactly the definition of Non- Disturbance Buffer Zone including all numerical dimensions of the zone. It is my client's position that is it not necessary for the ZBA's decision to specifically reference the numeral 250, where the verbal definition in the bylaw clearly defines the parameters of the subject zone. Also, the plans showing the precise location of the proposed home, which is entirely within the Non- Disturbance Buffer Zone, make it unequivocally clear that a variance was granted from the 250' Non- Disturbance Buffer Zone, and that it was the intention of the Board of Appeals to grant such variance. I believe that a variance from the dimensional requirements of the Non - Disturbance Buffer Zone does not specifically need to have a number attached to it, where the requirements of the zone are clearly referenced, and the plan of proposed construction clearly referenced. However, the Planning Board, I am informed, is of the opinion that the variance from the 250' buffer zone must be explicitly stated. Consequently, I would request that your board's prior decision be modified to specifically state that a "variance is also granted from the two hundred fifty (250') foot horizontal dimension of the Non- Disturbance Buffer Zone from the annual mean high water mark of Lake Cochich.ewick." Thank you for your anticipated attention to this matt M7:�1i'il�J cc: Mr. Robert Ercolini Mr. William McLeod Sincerely, Raymond A. Vivenzio III Town of North Andover ZONING BOARD OF APPEALS 111c0 1'. mui 111, Iisq. C.Io, rnur• I Alen 11. Mdchitvre, I ir-(:b;urmvn Richard 1. Bvcrs, l .sd. Clerk loscl)ll D. 1:,tGrasse David R. M`i cbsterThis is to certify that twenty (20) dad I sn;tip .1 t mi,,:; have elapsed from date of decision, Thoxuas D. ipp<,llMthout filing ofa appeal. Richard M . Vaill:mcourt Date t. / dc� D:mic•1 S. Br:iese, I:'sd. Joyoe A. Bradshaw Town Clerk NOR 'G.�wu �:l.:rk'l inic S�nnih 7. ATTEST1 A True Copy Any appeal shall be filed within Notice of Decision 911,_ 04V4,41,_ (20) days after the date of filing Year 2007 Town. Clary of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17 Property at: 880 Great Pond Road NAME: NA Great Pond Limited Partnership HEARING(S): August 14, 2007 ADDRESS: 880 Great Pond Road PETITION: 2007-014 North Andover, MA 01845 TYPING DATE: August 21- 2007 0 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, August 14, 2007 at 7:30 PM upon the application of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area in order to raze and reconstruct a single family dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within the R-1 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 June 25 & July 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The following non-voting member was present: Thomas D. Ippolito. Upon a motionrby Joseph_D. LaGrasse and 2"d by David R. Webster _the _Board votedyto GRANT dimensional"~-,.. Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the oning Bylaw Section 4 Paragraphs 4.136.-Ic.ii,3:for relief 50'from the setback requirement of the Non Disturbance Zone's 100''Biiffer Zone and 15' from the non -disturb zone in order to raze and reconstruct a single family dwelling; per: Building Plan Title: 880 Great Fond Road (Ma 103, Parcel 111), North Andover, MA 10845 e: Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover, p(&Revised Mass, Town Ma No. 103, Town Lot No. 111 Dates): Ma 29,2007 ofessional Land William S. MacLeod, Reg. Prof. Land Surveyor #29644, Andover Consultants Inc., 1 East River Place, Methuen, Mass 01844 1 Building Plan Title: Ercolini Residence, Great Pond Road, North AndoveO By: Rob Bramhall Architects, 14 Park Street Andover, Massachusetts 01810 Date: 05-01-07 Sheet/Drawing: Ai First Floor Plan, A2 Second Floor Plan, A3 East & North Elevation, A4 West & Southwest Elevation With the following condition: 1. The proposed structure shall not intrude closer than 50' into the no build zone and the proposed conactivity shall not exceed 15' of the previous disturbance per the engineered plan. Page 1 of 2 __ _ _ i „ttt) Usg00d Ntreet, lJill ldutg 20 - Suite 2-3Ei, North Andover, %Massachusetts 01945 - t'hone -" '1 ' x.11 Fax - 973-698-95=12 Web - %V w. to\�noliiorthauxlover.cotn BOARD Or APS c Allot P.Manzi 111, E{s(l. (.Y)airman Eillc'n P. ;\•Ic (ut\'r<^, 1 "irr-C,l�airman Rich.ird 1, li\•ers, f:sil. Clerk luseplc D. LaGrasse 1):1% id R. \\ ebster sso,iale Alember.+ 1-bomas D. Ippolito Richard M. \.adlancourr [):utiel S. Brae -c, ksq. Town of North Andover ZONING BOARD OF APPEALS T1 O R T►y O L � m Tmk it ('Acrk 'I'll It( stanit) LGt1t !i`:Jr LJ 1'it t� 1 V V' `it;�q'1 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The Board finds that a Variance from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area is not required because the proposed single family dwelling will be a new structure. The Board finds that the lot designated 880 Great Pond Road (Map 103, Parcel 111) was created before October 24, 1994 therefore the provisions of the Conservation Zone, the enlarged Non -Disturbance Zone, and the Non - Discharge Zones do not apply. The Board finds that owing to circumstances relating to the shape and topography of 880 Great Pond Road (Map 103, Parcel 111), especially affect this land by being bounded on the north by Lake Cochichewick. The Board finds that the lot has existing water and sewer connections, that the proposed single- family dwelling's footprint is designed to stay outside the 50' no -build line. The Board finds that the permeable driveway paving and roof runoff infiltrators will lessen the impact of the lot usage on Lake Cochichewick, which is the purpose of the Watershed Protection District. The Board finds that the granting of this Variance will not affect generally the Residential 1 and Watershed Protection District zoning districts in which it is located and that a literal enforcement of the provisions of Section 4.136.3.c.ii.3 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that desirable relief may be granted from Section 4.1363.c.10 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 hea;hfia North Andover Zoning Albert P. Manzi, III, E: 'Alen P. McIntyre, Vic Joseph D. LaGrasse David R. Webster Associate Afember Daniel S. Braese, Esq. Decision 2007-014. M103PI11. Page 2 of 2 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts U 1845 Phone - 978-698-954 1 Fax - 97S-688-9542 Weh -\v\\ic.to\.Nnoliiorlhandover.com lith old subject to and with dwSaid premise affected Protection Distncrs Non- Zone ---- LEGAL NOTICE d now or formerly of and Section �er Para 72, and Table EALTH benefit of a 7' wide hown on said Plan No. graphs 7.1, 2 of the Zoning Bylaw relief lot area and street OF MASSACt�HECOMMoHUSETTS LAND COURT HE sex North Registry of frontage in order to con- g struct a single family DEPARTMENT COURT n� MISC 347290 lith old subject to and with dwSaid premise affected restrictions, building with frontage s tax titles, water bills, is property R-1Z� ants, rights of tenants cane �m$the ;posit of FIVE THOU- :NTS -($5,000.00) shall ing district. plans tathe available ��of the mortgagee in cash, by ;heck at the time and resew als office, Board of A opod Street, the purchase Pry :ir check by bank's Bu ilding 20, Suite 2-36, North Andm MA of 845 arty (30) days from the OF THE ESSENCE. Monday ough Friday hours of IE announced at the sale. N.q., Present Holder of during the 8:30AM to By order of the y s Barron & Stadfeld, 00 Cambridge Street, Appeals Board of App Alert P Marv; III 14,617-723-91500 06/25/07, 07/02/07) Chai 7/2107 07, EI —6/25, E�AL NOTICE I LEGAL - LEG LA NOTICE - N PUBLIC AUCTION ,at the undersigned will sell at Public Auction on y 5, 2007 @ 1 Pm VGTON SEL.F-STORAGE )adway, Salem, N.H. 03079 heretofore stored with the undersigned by: 1 'i r tti 2 7 �asatrusteelo the Banc of Americ Funding 2007-1 Trust SE4 NCwovK, rvrt i - nnn,.v,� rnicely oom, f50, from water, 'deck, 1Rte 200 IAA33, Prime loff streetocation (g78) 356.9070 private wk./mo, 978-465-63229 LAWRENCE 6000 SQ -FT Drive in space $33.350mo BUILDING -Office, load LYNN Ret Pace, 800 sQ. dustry for leas store strip c Ing d ter' excellent visibr'affic area ili par o. (3121421.3401. I� LEGAL NOTICE OT THE COMMONWEALT OF MASSACHUS EGAI. LAND COU NORTH ANDOVER f DEPTR SENT ' HE BOARD OF APPEA a Notice is hereby d DANVERS - 20 LOCUST ST.. & light min its. - (SEAL) To: Ramon A. Mercedes and to all persons entitled to the benefit of the Ser- vicemembers Civil Relief Act. U.S. Bank National Association, a national banking association, not but solely -freight elevator, load, parkm9.978-921.8030 347218 If. en- ith tv, LS Nen that the NOR over Zoning Board of Appeals claiming to be the holder (To paChenard and to Mp h rb a Mortgage covering all arsons entitled to the at th real property m Lawrence, p s numbered Street given Man members Civil Relief enefit of the !Act. Ste chaster Street given by rman Ramon A. Mercedes to counLoans, Inc.�claiming t be Mot' Mortgage Electronic Reg istration Systems, Inc., the holder of a Mortgage 7;30 dated October 30, 2006, covering real property in inter Methuen, numbered 207 tion and recorded with Wheeler Streett g en by Li Essex County (Northern Paul M. Chenard to Mort�o District) Registry Electronic Regista- Zio E Deeds at Book 10476, gage Page 332 and now Send Juney29, 2005,stems, Inc., dand ise by the plaintiff by g, Ro ment has filed with said Coureconte Northern District) 11 court a complaint for County to foreclose said Registry of Deeds at authority mortgage in the manner Book 9617, Page 255 and 'Va b entry and now held by the plaintiff sh following: Y y possession and exercise with sad court asfiled corn -i Z of power of sale. la'int for authority to fore- I .By If you are entitled to the p benefits of the Service"close said mortgage inf gr members Civil Relief Act the manner sslessionand� r as amended and you entry exercise of power of sale. 4 object to such foreclo It you are entitled to the fr sure you or your attorney appeaance and answer members Cvof tileRelief�AcI a in said court at Boston as to such forandedo- on or before the 16th day sure you or your attorney of July 2007, or you may should be forever barred from appearance and answer NOT claiming that such fore- aPP Boston closure is invalid under an or before rthetl6th day said c said act. KARYN F. of July 2007; or you may Witness, mors- SCHEIEf3, Chief Justice cl forever barred from ry at such tore MorN of said Court this 31st closure is h invalid under (No day of May 2007. said act. under- Attest: Witness, KARYN F. for the rah J. Patterson r r 00 P.M. Recorder SCHEfEr, Chief th s 29th same will be sold at PUBLIC AUCTI remises; nortgaged premises; The entire mortgagedP res as described in said mortgage: with the buildings thereon; situated in said Lawrence remont Street, formerly, calledf ve (185) feet. Past of he Being one hundred eighty rly line of said Tremont Street with the easterly line of ded and described as follows: 30 feet; e (93)ly et of land now or formerly of the Essex Com- e (g3) feet by ANOWAND ALL BIDS; IC AUCTION; (2) AUCTION AT ANY TIME FOR ANY REASON. —LEGAL NOTICE LEGAL NO DTICE OF MORTGAGEE S SALE OF REAL ESTATE on of the Power .of Sale contail verino too New Century :verino andYubdely arch 25, 2004, recorded with Essex County (N at Book 8659, Page 162 of which mortgage the fo e and breach of conditions of said mo ON at1 cvuu � ! of said °2007. 200705-0321 day of May ET — 6/25/07 Attest: . Deborah J. Patt erson Recorder LEGAL NOTICE COMMONWEALTM OF MASSACHUSETTS The Trial Court Probate and Family o,v vpv; ae paquosep pUE 200705-0581 ET - 6/25/07. old a public the e top Town Hall, 120 -Main et, North Andover, on Tuesday, the h of July, 2007, at P.M., to all partneri ested in the app of NA Great Pond Lim Partnership, Raymond A. Viven- 89 Main Street, r'th Andover, for prem - s at: t}80 Great Pond ad (Map 103, Parcel 1), North Andover, questing dimenswnal -,.- riance from the Water- �- ed protection District's 'No with Buffar.� one of the;.Zoning-.: aphS-- elief-from the setback, equireme� and.fro°' 'm 136.3•c 11 om the req u irementthai n addition or expansion be less than fifty (50) percent in gross floor area in order to raze and reconstruct a single fain ly dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within the R-1 zoning district. Plans are available for review at the efla a��e Board of APPa 1600 Osgood Street, Building 20, Suite 2-36, :North Andover, MA 01845, Monday through Friday durithe ng the hours of 8:30 A.M. to 4:30 P.M. By the order of Board of Appeals . Albert P Chanl rman ET — 6/25 7/2107 . LE�aAl NOTICE .. _ ...,....,., ..........,.. ...... .. ..... taei (46'91 l) 004/46 PUB tY Bail Anderson -DerrING RIGHTS: y, NH ;hard Poole = Nahant, MA roc Swenson -Haverhill, MA ORAGE RESERVES TO REFUSE TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF ,APPEALS NAME: NA Great Pond Limited Partnership ADDRESS OF APPEAL: R R o r rentPnn r7 Rna ci Town C;ericc Tfrne Stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty QJO 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 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. 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 ill,( INTEREST: The petitioner requests the Assessor's Office to compile a certified 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 be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with Fhe Zoning Board of Appeals secretary. 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 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 petition, the Board shall decide on the matter by using the information it has received to date. 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 law ch. 40A § 17, within twenty (20) days after the decision is fled with the Town Cleric. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex,County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. ......._........................... ............. ..... ..................................... ...... ..... ....... _................... ............................. ................ _ ..,..... .._.. ;4WIPORTANT RHONE NUMBERS: )78-388-9533 Office of Community Dev. & seivices 10300 Osgood Street, North Andover, MA 01845 O X915 �or Community Development •1ffces 5 173uilding Department ) 3-688-9541 41%ning Board of Appeals Office FLB 2 7 cru BOARD OF AFIPEALS 4orth Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's office 978-688-9586 Ass-essor's Office WAGE -1 of .4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 1.13119ase complete all items: 1'- 10 below'. 1. Petitioner: *Name, *Address and telephone number: NA Great Pond Limited Partnership, a Mass ltd partnership c/o Atty. Raymond A. Vivenzio, 89 Main Street, North Andover, MA 01845 Te . (978)686-4041 . *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: NA Great Pr)nsl TA mi tern Partnarahi p, c/o Ercolini and --Company 55 Summer Street, Boston, MA 02110 Years Owned Land: Since 5/14/04 3. Location of Property: a. Street: 880 Great Pond Road Zoning District: Rl b. Assessors: Map number: 103.0 Lot Number: 0111 c. Registry of Deeds: Book Number: cert . No .14 4 5 6 Page Number: 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. �LY33) (c) (ii) (-3)..._and 4.136(3) (c) (ii) (7) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Petitioner requests permission to raze existing dwelling and construct a new single-family dwelling in its place.,.the new structure being more than 50% larger in gross floor area. The above description shall be used for the purpose of the legal notice and decislon. A snore detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 8 of this application. Fallure 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 limitedto the request by the applicant and will not Involve additional Items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. N/A B. N/A % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space °Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2.4acres 309.21 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A T 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2 acres'—� - —� 175 _2— _:�E 30 ��• .5� 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building' of Units*" 1,792 ± 2 30' 3,584 Single—family residence 1 *Reference Uses from the Zoning Bylaw & Table 1. *'State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building" of Units" 4,465 ± 2 34'91/2" 8.,171 Single—family residence 1 *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). S. 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 dismissal by the Zoning Board of thipalication as incomplete. Type above name(s) here: RoRAYMOND 'A" VIVENZIO JN STREET NORTH ANDOVER, MA 01845 Zoning Bylaw Review Form . " Town Of North Andover Building Department #i 1600 Osgood Street, Building 20, Suite 2-38 North Andover, MA. 01845 Phone 976•BtE MS48 Fax 97"8"S42 Stfeet: 1880 Grat and Road Ma , 1 1081111 llowlt: NA Great Pond Ltd. Partners 1 Request: Raza and mbU d a sln le family dumillng 18-7-07 Date: Please be adylsed that after review of your Application and Plaits that your Appllce0on Is DENIED for tho followina zonlnp Wow reasons: Tho above Wow and attedwed mom Von of such Is based on aha plan amd Ink mn9an Wabodtlad. No dellNlhro mvlaw wed or =Mm nh;d bo booed an vcm o*nnnllano by the applMantner &hall etch verbal e>mianaconm by pus bitormn� or oke t chanpm to t tIMam�aBM eurbmHflod hyy ft ppppq�{ sMp beAity e' m � be votdad at the dWomllon of On atad�+p Opportmant Tho nlbdmd doaumant�tlHad "Plan Rovlow Nnnollve Nmb ba suachad hereto and howporated henh by reference, The buf ft department A Main of plans and dotaanentedon' fat Mea IM You m now bUOlhp WWt aDAGcMW fora nue bj Mo P"Ma proses. Building Michel AppildeftnRecol9ed Appllcatlon—D—WenO Denial Sent: If Faxed Phone Number i Pian Review Narrative The following narmUva Jr, provided to further explain the reasons for denial for the building permit ror the property Indicated on tl'm reverse side: S4 & 0-2 1 All propmties lomtW in the Watershed Pmtecti m►.District require a Wetet wed Special Permit through the l?lmmhrg Board pdr Section 4.136 of dw Zoning ariance from 4.136.a.ii.3 is rcgvind bora the Zoning Board of Appeals In AII r teme ftuut a new permanent-structat'e jv.th�e Non-D_3strubanco ~' a Va iattoe from -4.136.aiL7 ie ragdred is order to raze the aisdug L'`1-4�WVCI-9=9-1-9-01irwlace It with a structure 50% ovater than the emdstinn mmetura has Aot d that the site will aced an Order of Conditions MEMORANDUM APPLICANT: NA Great Pond Limited Partnership c/o Ercolini and Co., 55 Summer Street, Boston, MA 02110. PURPOSE: Raze existing single-family dwelling and construct a new and larger single-family dwelling. PROPERTY: 880 Great Pond Road North Andover, MA 01845 The applicant seeks to raze the present dwelling and construct nstruct a new, larger L-10 dwellingin its lace. Vi 11 the entire lot is within the Non-Disturbance,Buffer Zone P .. __Y _ _-4 �.._ __.., and the area of present residence and the proposed residence is within the 100' buffer zone from the wetland resource areas. The lot is an older lot, having been created prior to October 24, 1994, and is thus exempt from the provisions relating to the Conservation Zone, the enlarged Non -Disturbance Zone and the Non -Discharge- Zones. The proposed construction is allowable by Special Permit of the Planning Board, but "only after a variance has been granted by the Zoning Board of Appeals." Additionally, a variance is sought for the new structure as the size is greater thaii 50% of the old structure, however, petitioner is of the opinion that this latter variance is unnecessary as it pertains to "expansion of any existing structure." Petitioner believes that the variance request under 4.136 (3) (c) (ii) (3) would cover the size of the "new permanent structure" proposed by Applicant, and that a request under 4.136 (3) (c) (ii) (7) is inapplicable, but is included herein as it is noted in the Building Inspector's denial letter. The Applicant believes that because of the shape and topography of its lot, and the existence of the non -disturbance and other buffer zones, which greatly limit the useable area of the lot, that literal enforcement of the bylaws would involve substantial hardship to the petitioner. Applicant believes that relief may be granted without substantial detriment to the public good and without derogating from the intent of the bylaw, as the lot is large, the proposed dwelling is serviced by water and sewer, and it replaces an existing we ing. Additionally, the proposed residence will also serve as the residence of the applicant's aged parents, who require one -floor living with no steps. 0 z 0 a .F CD 0 ao 0 U) `mW UX '20 00 �w �U mx o ¢ a. O 0 N O it O T T T f Y U 0 m Oil 6x T o. C; 0 o F o � T i T Q 4 c o � M � O `- It o C N o a I n J W U CL a s y W z az a� in IL W = 0 V f. QZ Wo za 0T O Z a) 0 F- 0 W MM..�0 ..(9W idD Co 0 - mo 0 OcZC.) r zIT o OW o Qz 0 �N O mU. _z aT- C �y zg V 0 x � m z m 1 E T o w U 0 0 C. m C) Z m EK�e 1 � N �WUu N flo HINT O 0 0 C m z w' 0 E a x O !1. z Lu 0 z W 0 W w 00 00 00 v4 00 �t v -o v c c J J fO �Y �O 00 O O O O zdv _O ccc c J O J U. o 0 - 00 z�� NN a Jo� vrn � mm a 00 0 ai T Tr O mm T is m � f -c F� 3 n. 0 I- 0 S a. m N Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A, Section t I states In part 'Perna In Interest as used In dtla chapter than mean the peftner, abdtms, owners of land directly opposbon arty publk or private way, and abtdters to abrMere w1tNn twee kindred (300) feet of Oa properly One of the petitioner as Ihey appear on the most row! solcable . tan Ibt not wldataMing Oat the land of any wait owner Is located In WwUw dty or town, the planning !ward of the city or town, and lite planning board of every abulBrg city or town' Sub/eot Procerty MAP PARCEL Name Address 103 111 Robert Ercolini 880 Great Pond Road North Andover, MA 01845 Abutters Provertles Man Parcel Name Address 103 17 Frank Moltz 919 Great Pond Road North Andover, MA 01845 103 18 Karen Trovato 905 Great Pond Road North Andover, MA 01845 103 19 Jose Baez 865 Great Pond Road North Andover, MA 01845 103 22 Donald Jaekle 894 Great Pond Road North Andover, MA 01845 103 35 David Paolino 940 Great Pond Road North Andover, MA 01845 103 36 Charles Trombly 858 Great Pond Road North Andover, MA 01845 103 38 Robert Ayer 29 South Bradford Street North Andover, MA 01845 103 112 Ronald McCluskey 870 Great Pond Road North Andover, MA 01845 103 113 Michael Batal 834 Great Pond Road North Andover, MA 01845 103 117 Russell Paul 81 Saile Way North Andover, MA 01845 Lake Cochichewick Mass Enviromental 100 Cambridge Street Boston, MA 02202 Date 6/8/2007 Page 1 0/ 1 This certifies that the names appearing on the records of the Assessors Office as of Jt"ov� trx `, aux, Certified b : _DatQ PAGE 4 0F4 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. Q L0 C. A 14 F. The particular use proposed for the land or structure. 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. Fads 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. Fads relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. 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. 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 tothe 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: I) five (5) or more parking spaces, X71) three (3} or more dwelling units, bm 2,000 square feet of building .area. Major Projects shall require, that in addition to the I I)B & I X Qeatures, that -the plans show detailed utilities, soils, :arid topographic information. VARIANCE ''10.8. 'Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' m One (1) Mylar„with one block for Registry, Use Only, and one block for five (5) ZBA signatures & date. IM 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: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed tines 3. 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 Minor projects, such as decks, 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 - #022-1760-4841' for the cost of first Gass, certified, return receipt ($4.84 as of January 2006) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 39f) x the # of parties of interest on the abutter's list for the decision mailing. 11.9. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than IW -5/8' (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Applicant shall provide a check or money order to: 'Town of North Andover” per 2005 Revised Fee Schedule. A Varianceonce granted by rhe ZBA ;•vill lopse in '1(+brie) year if not exercised and a new petition moist t,6 subrnitted. 4 rA R3 N r' C4a O �: "O ` iC .SC a M tom± N M N N U 0.- 0 .- cC " Oh M y U 1: Si M,y -� �p 4.+ cdM � O � 3 .Da6 c� w O 4 M w 'O O oA ^" �+ =o �© q-4� ca N on a0i Go � P. � cUn O on 'S 0 U ra bo �•2'1 deQ 0- o o �a4)zR o Aco 7 c° pq w °A N b 0 p V O U z U i*0 �i '-" 'r cd >Z0 o40 3 c.co A '8 a —�`" Q U Cl cbh o ,� o w VS w A -5 cNi o C 0 oncd'0A ED wg: zs oa�m._4. U o 'd �A(D � °'moo c, °�' '"C 0 �+ C N N U N O� N 0 co75 m O N �O 4.a cd d oA Z. �O c p a; .0. "o 0 00 on c ta g g: 0, ? Page I of I Glennon, Michel From: Atty. Albert P. Manzi III [attymanzi c@manzilaw.net] Sent: Friday, February 22, 2008 1:29 PM To: Glennon, Michel; Brown, Gerald Cc: Daley, Lincoln Subject: Re: 880 Great Pond Road Mich........ having reviewed the relevant documents, I agree with Lincoln's, opinion that 2 waivers are in fact needed. Based on the advertisement denial, and application the waiver is implied per the by-law section although not express. (future applications should be express) Therefore based on the advertisement, it is clear to me the waiver was requested and the board omitted the implied second waiver, most likely due to the fact it was not express in the denial or application. Per our Rules the applicant should request in writing a modification of the decision based on the omission of the second waiver even though the waiver was advertised and requested. The Board will then need to determine whether the request is "substantial change" or "insubstantial change" with respect to the decision and act accordingly. If the modification request is submitted, it may be heard at the March Meeting. APM Ill, ZBA, Chairman "Glennon, IWIchel" <mglennon townofnorthandover.com> wrote: Hello; during the Planning Board Watershed hearing for this address, it was noticed that the zoning Board did not grant the setback from Lake Cochichewick. Should the applicant request a modification? If so, would it be possible to be added to the February 28? Mich. <<modification of 880 Great Pond Road.doc>> Attorney Albert P. Manzi 111 24 Main Street North Andover, Massachusetts 01845 Tel. 978-681-6618 Fax. 978-681-6628 website: www.manzilaw.net Confidentdality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or airy attachments. 2/25/2008 Page 1 of 2 Glennon, Michel From: Daley, Lincoln Sent: Thursday, February 21, 2008 7:11 PM To: 'attymanzi@manzilaw.net Cc: Glennon, Michel; Brown, Gerald Subject: RE: 880 Great Pond Road Al: Unfortunately, I missed Mich before she left for the day to examine the relevant information pertaining to 880 Great Pond Road (ie denial letter and application). The attachment contains what appears to be the legal notice and ZBA decision. However, without all of the information in front of me, I can only explain what is required under the zoning bylaw section 4136 with regards to the construction of the single-family house. I will defer to Gerry or Mich to confirm the following: 1) Denial letter - description of WPD buffer zones listed in the denial by Gerry. 2) Application to the ZBA - description of WPD buffer zones listed. 3) Legal notice - WPD buffer zones were referenced. 4) Minutes of the meeting - discussion involving the relevant WPD buffer zones. 880 Great Pond Road falls within a number of the Watershed Protection District's buffer zones. Of most concern to the ZBA and Planning Board are the 2 Non -Disturbance buffer zones. The first buffer zone pertains to the 100 -foot Non -Disturbance buffer zone related to the wetland resource areas (ie. intermittent stream and wetlands) that exist to the left of the proposed house. The second pertains the 250 -foot Non -Disturbance buffer zone related to Lake Cochichewick. The proposed single-family house lies approximately 117 feet from the lake and thus falls within the 250 -foot Non -Disturbance buffer zone related to Lake Cochichewick. The Variance granted by the ZBA only correctly refers to the I00 -foot Non -Disturbance buffer zone related to the wetland resource areas. As I interpret the Bylaw, Section 4.136.3.c.ii.3, Mr. Ercolini would also require a Variance from 250 -foot Non -Disturbance buffer zone related to Lake Cochichewick. Again, without having all of the information, probably the most appropriate approach would be hold a new public hearing requesting a dimensional Variance from the Watershed Protection District's 250 -foot Non -Disturbance Buffer Zone from Lake Cochichewick of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirement. However, if the application and legal notice reference both Non -Disturbance Buffer Zones, the ZBA may be in a position to amend their original decision to include the appropriate relief from the 250 -foot Non -Disturbance Zone from Lake Cochichewick. I will be out of the office, but can be reached by email up until noon tomorrow if you have any questions. Lincoln 212512008 Page 2 of 2 -----Original Message ----- From: Atty. Albert P. Manzi III [maiito:attymanzi@manzilaw.net] Sent: Monday, February 18, 2008 9:31 AM To: Daley, Lincoln Cc: Glennon, Michel Subject: Fwd: 880 Great Pond Road Lincoln....... can you call me on the cell re this when you can.......... Thanks. APM III Note: forwarded message attached. Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01845 Tel. 978-681-6618 Fax. 978-681-6628 website: www.manzilaw.net Confidentiality Notice: The information andlor documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 2/25/2008 C m E •� J L Q W Ua LO cn Q (D n- WLR>,,o =0-°0 aoi< �< U) co =o> 0Z 0 0 �00'c cLZ o0Q o a�iZ cow QONHT-Z � o ? Q LL CS -a O �I O / f .. /c/ykE.. �... MEET, , 2 eky�k r LAKE / —� si I�f , COCHICHEWICK f� / Q TtoPp .. m NOTE: j/Ppt+p rte- - AAn PROPERTY LINEISALONG. TILE EDGE OF L;.KE COCHICHEN'ICR -- z LOCUS PLAN . SCAT E:, 1" -BW r. LOT 8 LAND COURT PLAN #M52D._ 2.4 ACRES± T ; •4' LOCA RON. OF BRIDGE AT THE TIME OF SURVEY IN 2005Av N (f -RONALD C. &.KAREN M.. MCCLUSKEY EDGE OF -WATER- A: AS; is '---•� iL SA 'L ,h �A � J61AL ♦A AL./ AL i i PROPOSED DIYEWNG",'} � F.F:� fir! ,2&O /1�-_ I .� `� 1 �•' t r Y� �"AS� AL Ir ,iA,:� - Y"Y Y'-1 =� I y. P �lf %y Y,' �Y•C\ t - isg rAL \ d., v \ .. s MAK AIL AIL S I D.H.(FND.) 81.28.. lI 580 ' 1 37'5('W WY.II .D. - ) �Sl SO'W - 3D 13' Y�J _1,44111_, 21.,80 . T ,. _ . s. H.(FN2) .H.(FNb) �:, S73'0830`W t / >; EDGE Or PAITMu`iTf - -_EDCE OF PAvtMENTIl II SMH$�-- GREAT M=,]2. (� ------ POND ----- �OVCH MAR — O:I U P.[130 SIDE ROAD ' ��..iiJ A D_ PLAN SHOWING 880 GRE LEGEND:. .. NORTH i GENERATE=: 1.) WETLANDS HERE. FLAGGED BY STEVEN ERIKSEN OF 6AG "MAND FLAG - SCALE: 1"=20' NORSE ENVIRONMENTAL SERVICES ON MARCH 13. 2006. - EXISTING CONTOUR - TOWN MAP. N0. 103 2!) THE' BUILDING. SITE IS NOT -WITHIN THE 100=YEAR FLOOD. PLAIN AS IDENTIFIED ON FEMA FLOOD INSURANCE RATE- MAPS; - —g—:- :EMSTING SEINER 3.) THE ENTIRE LOT IS IN THE LAKE OOCHICHEWICK - 179.2 EXISTING -SPOT GRADE - - - andover -WATERSHED PROTECTION OVERLAY DISTRICT: ® - EXISTING GRILL HOLE RECORD OF OWNER: - COrI$UI� !.) THE EXISTING DWEWNO.IS CONNECTEO'TO- PUBLIC SEH11. - - (sxY) --- PROPOSED.CONTOUR. " NA.GREAT POIJO LIMITED' PARTNERSHIP .In C. - - 195 PATH ,_-- 5.), THE LOT t5 IN. THC R-1 ZONING DISTRICT.,PROPOSED .. - SPOT GRADE-. _ .BRIDLE - - NORTH ANDOVER. MA - I East, River Place 11ethuen,, Moss. 0184' \05-49\dMa\51TE.dw9 V_ "12 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Assoaate Members Thomas D. Ippolito Daniel S. Braese, Esq.. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. Notice of Decision Year 2009 :JC�. t " ,., I.- J ; `fbwri Clcr6 I imc Stamp 40A, §17 Property at: 880 Great Pond Road NAME: NA Great Pond Limited Partnership, HEARING(S): March 19, 2009. c/o Raymond A. Vivenzio, 89 Main Street, North Andover ADDRESS: 880 Great Pond Road PETITION: 2009-002 North Andover, MA 01845 TYPING DATE: March 26, 2009 The North Andover Board of Appeals held a public hearing at its regular meeting in the Lecture Hall, North Andover High School, 430 Osgood Street, North Andover, MA on Thursday, March 19, 2009 at 7:30 PM upon the application of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover, MA requesting dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirements in order to raze and reconstruct a single family dwelling. Said premises affected is property with frontage on the Northwest side of Great Pond Road within the R-1 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 March 2 & 9, 2009. The following voting members were present: Ellen P. McIntyre, Albert P. Manzi, III, Richard M. Vaillancourt, Thomas D. Ippolito, and Michael P. Liporto. Upon a motion by Ellen P. McIntyre and 2°d by Richard M. Vaillancourt the Board voted to GRANT dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraph 4.136.3.c.ii.3 for relief of 50' from the setback requirement of the Non Disturbance Zone's 100' Buffer Zone, 15' from the non -disturb zone, and a variance is also granted from the two hundred fifty (250') foot horizontal dimension of the Non -Disturbance Buffer Zone from the annual mean high water mark of Lake Cochichewick in order to raze and reconstruct a dwelling, per: Site: 880 Great Pond Road (Map 103, Parcel 111),, North Andover, MA 10845 Site Plan Title: Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover, Mass, Town Map No. 103, Town Lot No. 111 Date (& Revised Dates): January 20, 2009 Registered Professional Land Surveyor: William S. MacLeod, Reg. Prof. Land Surveyor #29644, Andover Consultants Inc., 1 East River Place, Methuen, Mass 01844 Sheet/Drawing: \05-49\dwg\ZBA-NEW.dw . Page 1. of 3 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com 4 I_J Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaitlancourt Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS o Town Clerk Time Stamp Building Plan Title: Ercolini Residence - By: Salley Associates, 38 Boston Road, Newbury, MA 01951 Date: January 28, 2009 Plans, February 4, 2009 for elevations Sheet/Drawing: A-1 Lower Level Floor Plan, A-2 Main Level Floor Plan, A-3 Upper Level Floor Plan, A-4 Roof Plan, E-IFront, Right Elevations, E-2 Rear. Left Elevations, With the following condition: 1. The proposed structure shall not intrude into the 50' No -Build zone and the proposed construction activity shall not exceed 15' of the previous disturbance per the engineered plan. Voting in favor: Ellen P. McIntyre, Albert P. Manzi, III, Richard M. Vaillancourt, Thomas D. Ippolito, and Michael P. Liporto. The Board finds that the lot designated 880 Great Pond Road (Map 103, Parcel 111) was created before October 24, 1994 therefore the provisions of the Conservation Zone, the enlarged Non -Disturbance Zone, and the Non - Discharge Zones do not apply. The Board finds that owing to circumstances relating to the shape and topography of 880 Great Pond Road (Map 103, Parcel 111), especially affect this land by being bounded on the north by Lake Cochichewick and including an intermittent stream dividing the 2.4 acre parcel before emptying into the lake. The Board finds that the lot has existing water and sewer connections, that the 2009 proposed single-family dwelling's revised smaller footprint is designed to stay outside the 50' no -build line and will be further from the 25' no -build line than the existing structure. The Board finds that the semi -permeable paver driveway and roof runoff infiltrators will lessen the impact of the lot usage on Lake Cochichewick, which is the purpose of the Watershed Protection District. The Board finds that the granting of this Variance will not affect generally the Residential 1 and Watershed Protection District zoning districts in which it is located and that a literal enforcement of the provisions of Section 4.136.3.60 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that desirable relief may be granted from Section 4.136.3.c.ii.3 without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Page 2 of 3 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com 10 r..- - Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael I'. Liporto Town of North Andover ZONING BOARD OF APPEALS p�at`�o bry,1,o S A � f}[�4 '7"' R � p A SSACNUSTown Clerk'I'ime Stamp . 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. North'Andover Zoning Bodrid of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, bice Chairman Richard M. Vaillancourt Associate Members Thomas D. Ippolito Michael P. Liporto Decision 2009-002. M103P111, Page 3 of 3 • ,. 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com V6<n P. M.,111 .111, list'.C,Li:!Ji-:an I'Ilen P. ;Mclntvre, I n,:-c.l„V071an Richard 1. Byers, 1?.sd. (:.7erk, JoscPh 1). La(;rasse David R. Wel)ster sso,-i:rle Afemberc ill mtas R Ippolito This11d*V"fylfiadtwe*1(20) days havd-blapsed frarik0pla RRf decision, flied without filing of an a eal. p Date 1 Joyce A: Bradshaw Town al@flt Torun of North Andover ZONING BOARD OF APPEALS 42a ;, a IIjt, 1 Minor Modification to Notice of Decision Year 2007 Property at: 880 Great Pond Road Town Clr-rk i nnc. Stamp NAME: NA Great Pond Limited Partnership, MODIFICATION DATE: 4-8-08 c/o Raymond A. Viv_ enzio, 89 Main Street, North Andover ADDRESS: for premises at: 880 Great Pond Road PETITION: 2007-014 North Andover The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 8, 2008, at 7:30 PM in the Town Hall Meeting Room, 120 Main Street, North Andover, MA upon the application of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89.Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting the Board to modify/clarify the dimensional Variance relief granted on August 14, 2007 from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraph 4.136.3.c.ii.3. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2°d by Thomas D. Ippolito, the Board found that the request is a minor modification correcting the clerical omission of the third setback requiring dimensional relief from the Non - Disturbance Buffer Zone of the Variance request and that this modification does not alter the intention of the Variance decision 2007-014 for 880 Great Pond Road. Voting in favor. Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito, the Board voted to GRANT the applicant's request to modify Variance 2007-014 to include the omitted phrase "variance is also granted from the two hundred fitly (250 foot horizontal dimension of the Non -Disturbance Buffer Zone from the annual mean high water mark of Lake Cochichewick ". In all other respects the original decision re in full force and effect as modified hereby. ��Ovffili"Andover Zoning Board f kPpW9 A&rt P. Manzi,111, Esq., Chairman /Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Decision 2007-014 Modification., M103P111. ATTEST: Enclosure: Decision 2007-014. A `Crue Copy Town,, Clerk 1600 Os,00,j tit.. lild2 ?I1 - SUile 2-36- Noi-th An(JOvcr. NIA 01 S I 978-t)88-1)5.11 l -ax - 978-688-9542 Web - \xxv%N.townolnor1haiidovcr.com, Town of North Andover ZONING BOARD OF APPEALS .�ibert P. Adanzi III, Gsq. Cbaimmn 611en P. \•Iclntvre, 17w -Chairman Richard I. Bvcrs,$Isq. Clerk Joseph D. L aGrasse Ct David R. 'cbsterThis is to 0817 ify that, twenty (20) dal Assoriate Afemberr have elapsed from date of derision, Tbomas D, IppolAthout filing of a appeal, Richard M. Vaillancourt Date & 2 Daniel S. Braese, Esq. Joyce A. 9ntd2how Town Clerk NoR - _ L If i 41 # 4q 1• Mown 0,:rk Timc Stony 2107 AUG 29 1D IG f � ATTEST: A True Copy 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 Town Clerk, per Mass. Gen. L. ch. 40A, 17 Pro erty at: 880 Great Pond Road NAME: NA Great Pond Limited Partnership HEARING(S): August 14, 2007 ADDRESS: 880 Great Pond Road PETITION: 2007-014 North Andover, MA 01845 TYPING DATE: ugust 21, 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, August 14, 2007 at 7:30 PM upon the application of NA Great Pond Limited Partnership, c% Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area in order to raze and reconstruct a single family dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within the R-1 zoning district. Legal notices were sent to all narnes on the abutter's list and were published in the Eagle - Tribune, a newspaper of general circulation in the Town of North Andover, on June 25 & July 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The following non-voting member was present: Thomas D. Ippolito. Upon a motion by Joseph D. LaGrasse and 2"d by David R_ Webster the Board voted to GRANT dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief 501rom the setback requirement of the Non Disturbance Zone's 100' Buffer Zone and 15' from the non -disturb zone in order to raze and reconstruct a single family dwelling; per: Site: 880 Great Pond Road (Ma 103, Parcel 111), North Andover, MA 10845 Site Plan Title: Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover, Mass, Town Ma No. 103, Town Lot No. 111 Date (& Revised Dates): 29, 2007 Registered Professional Land William S. MacLeod, Reg. Prof. Land Surveyor #29644, Andover Consulta Surveyor: Inc., 1 East River Place, Methuen, Mass 01844 Buildin Plan Title: ErcoIini Residence, Great Pond Road, North Andover5 Rob Bramhall Architects, 14 Park Street Andover, Massachusetts 01810 Date: 05-01-07 3heet/Drawing: Al First Floor Plan, A2 Second Floor Plan, A3 East & North Elevation, A4 West & Southwest Elevation With the following condition: 1. The proposed structure shall not intrude closer than 50, into the no build zone and the proposed construction activity shall not exceed 15' of the previous disturbance per the engineered plan. Pagel of 2 1600 Osgood Street, I3uilding 20 - Suite 2-36, North /Andover, R4assachuseits 01845 Phone - 978-688-9541 FaN - 978-688-9542 Web - ++'w++.torniotiiorthandover.com Albert P. ,\•lanzi III, Esq. C%airman Ellen P. \4chityre, f ue-GGairman Richard). Byers, Esq. Clerk Joseph D. LaGrasse David R.'i ebster r ssmiale Al embers *Ilxnnas D. Ippolito Richard A.I. V:ullancourt Dwiiel S. Braese, Esq Town of North Andover ZONING BOARD OF APPEALS v-tTL1C �e % O � L RIS 4 v�41 Town Clcrk'I'imc Stamp j,"I Aurs 29 �'� Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The Board finds that a Variance from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area is not required because the proposed single family dwelling will be a new structure. The Board finds that the lot designated 880 Great Pond Road (Map 103, Parcel 111) was created before October 24, 1994 therefore the provisions of the Conservation Zone, the enlarged Non -Disturbance Zone, and the Non - Discharge Zones do not apply. The Board finds that owing to circumstances relating to the shape and topography of 880 Great Pond Road (Map 103, Parcel 111), especially affect this land by being bounded on the north by Lake Cochichewick. The Board finds that the lot has existing water and sewer connections, that the proposed single- family dwelling's footprint is designed to stay outside the 50' no -build line. The Board finds that the permeable driveway paving and roof nmoff infiltrators will lessen the impact of the lot usage on Lake Cochichewick, which is the purpose of the Watershed Protection District. The Board finds that the granting of this Variance will not affect generally the Residential 1 and Watershed Protection District zoning districts in which it is located and that a literal enforcement of the provisions of Section 4.136.3.c.ii.3.would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that desirable relief may be granted from Section 4.136.3.c.ii.3 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 hea;ka North Andover Zoning rt P. Manzi, III, E; llen P. McIntyre, Vic Joseph D. LaGrasse David R. Webster Associate Member Daniel S. Braese, Esq. Decision 2007-014. M103P111. Page 2 of 2 1600 Osgood Street, 13uilditig 20 - Suite 2-36, North Andover, Massachusetts 01845 Photic - 978-688-954 1 Fax - 978-688-9542 Web - ��-wlv.to�•nofiaorlhauadover.com Town of North Andover Town (:1rrk-lirncStnnrh ZONING BOARD OF APPEALS .'Obert P. 'Manzi III, Esq. Chairman Ellen P. McIntyre 1 rid-Chairmaml f µORTty Clerk ►- r b.. " yRcIard �. 3ycrs�O 2107 AUG L nJoseph D. LiGrasse Daid R. WebsterThis is tocertcertify that twenty Q (20) t i l vC da x t.croriate :1lemherr have elapsed from date of decision,��y - 'rbotnas D. IppolliMthout filing of a appeal,`?is « k ry 7 C Dat M. Richard . �'aillancourt """"•"", r't.�C` Joyce A, Bredshtaw '�s R"T'° c �� r Daniel S. $racse, L:sq. T� Clerk SHCHUSE ATTEST: Oo A True Copy Any appeal shall be filed within Notice of Decision , Q �afa AA (20) days after the date of filing Year 2007 of this notice in the office of the Town Clerk Town Clerk, per Mass. Gen. L. ch. 40A, 17 Pro erty at: 880 Great Pond Road NAME: NA Great Pond Limited Partnership 13EAItIING(S): August 14, 2007 ADDRESS: 880 Great Pond Road PETITION: 2007-014 North Andover, MA 01845 TYPING DATE: Amnict 21, 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, August 14, 2007 at 7:30 PM upon the application of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area in order to raze and reconstruct a single family dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within the R-1 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 June 25 & July 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The following non-voting member was present: Thomas D. Ippolito. Upon a motion by Joseph D. LaGrasse and 2nd by David R. Webster the Board voted to GRANT dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.60 for relief 501rom the setback requirement of the Non Disturbance Zone's 100' Buffer Zone and 15' from the non -disturb zone in order to raze and reconstruct a single family dwelling; per: acre: 880 Great Pond Road Opp103, Parcel 111), North Andover, MA 10845 Site Pian Title: Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover, Mass, Town Ma No. 103, Town Lot No. 111 Date (& Revised Dates): 29, 2007 Registered Professional Land William S. MacLeod, Reg. Prof. Land Surveyor #29644, Andover Consulta Surveyor: Inc., 1 East River Place, Methuen, Mass 01844 Building Plan Title: Ercolini Residence, Great Pond Road, North Andover5 Rob Bramhall Architects, 14 Park Street Andover, Massachusetts 01810 Date: 05-01-07 Sheet/Drawing: Al First Floor Plan, A2 Second Floor Plan, A3 East &North Elevation, A4 West & Southwest Elevation With the following condition: 1. The proposed structure shall not intrude closer than 50' into the no build zone and the proposed construction activity shall not exceed 15' of the previous disturbance per the engineered plan. Pagel of 2 1600 Osgood Street, f3uildin8 20 - Suite 2-36, North Andover, Massachusetts 01845 phone - 978-688-9541 Fax - 978-688-95'42 Web - %iw�v.toNI.molitortlhandover.com Albert.P. Manzi III, .Esq. Ca)airman Ellen P. Nichltvre, t 'i,r-Chairman Richard j. Byers, Esq. Clerk _Joseph D. IaGrasse David R. 'Vebster A.crnrrale ;11 embers 111omas D. Ippolito. Richard M. V:rillancourt Daniel S. Braese, Esq Town of North Andover ZONING BOARD OF APPEALS 'I'own Ucrk •i'inir Sump 2007 AUG L9- P;1 3: 15 71. .in :.. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The Board finds that a Variance from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area is not required because the proposed single family dwelling will be a new structure. The Board finds that the lot designated 880 Great Pond Road (Map 103, Parcel 111) was created before October 24, 1994 therefore the provisions of the Conservation Zone, the enlarged Non -Disturbance Zone, and the Non - Discharge Zones do not apply. The Board finds that owing to circumstances relating to the shape and topography of 880 Great Pond Road (Map 103, Parcel 111), especially affect this land by being bounded on the north by Lake Cochichewick. The Board finds that the lot has existing water and sewer connections, that the proposed single- family dwelling's footprint is designed to stay outside the 50' no -build line. The Board finds that the permeable driveway paving and roof runoff infiltrators will lessen the impact of the lot usage on Lake Cochichewick, which is the purpose of the Watershed Protection District. The Board finds that the granting of this Variance will not affect generally the Residential 1 and Watershed Protection District zoning districts in which it is located and that a literal enforcement of the provisions of Section 4.136.3.c.ii.3.would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that desirable relief may be granted from Section 4.136.3.c.ii.3 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 hea*@ Nopth Andover Zoning Albert P. Manzi, III, E; 'Ellen P. McIntyre, Vic; Joseph D. LaGrasse David R. Webster Associate Member Daniel S. Braese, Esq. Decision 2007-014. M103PI 11. Page 2 of 2 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www. townofilorthandover.cotn Vb(r� P. Nklizi 111, Esq. (..luur,•r.E:an lillcn. P. Mclw. re, I "rn-(:hnirman Richerd 1. Byers, l sq. (;jerk. ioscpl1. 1). 1_a rns«e 1),Ivl(i R. Webster sso rle fensherc lh(mims D. Ippolito ThlS1k Cdr*lMUhve*i(20)days haveAapsed frtataa:dp1e;�gqf decision, filed without filing of an appeal. Date LnLwj� /6 Jayve A. Bradshaw TM 01@fk Town of North Andover ZONING BOARD OF APPEALS L.U1, iii Minor Modification to Notice of Decision Year 2007 Property at: 880 Great Pond Road E "Fown C1r•rk T111 -w. Stomp NAME: NA Great Pond Limited Partnership, MODIFICATION DATE: 4-8-08 c/o Raymond A. Vivenzio, 89 Main Street, North Andover .ADDRESS: for premises at: 880 Great Pond Road PETITION: 2007-014 North Andover The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 8, 2008, at 7:30 PM in the Town Hall Meeting Room, 120 Main Street, North Andover, MA upon the application of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting the Board to modify/clarify the dimensional Variance relief granted on August 14, 2007 from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraph 4.136.3.c.ii.3. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito, the Board found that the request is a minor modification correcting the clerical omission of the third setback requiring dimensional relief from the Non - Disturbance Buffer Zone of the Variance request and that this modification does not alter the intention of the Variance decision 2007-014 for 880 Great Pond Road. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito, the Board voted to GRANT the applicant's request to modify Variance 2007-014 to include the omitted phrase "variance is also granted from the two hundred frfiy (250 foot horizontal dimension of the Non -Disturbance Buffer Zone from the annual mean high water mark of Lake Cochichewick ". In all other respects the original decision rew ins in full force and effect as modified hereby. Nopfh Andover Zoning Board �bf A—ppW5 Aubert P. Manzi, III, Esq., Chairman 'Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Decision 2007-014 Modification.�.' M103P111. ATTEST: Enclosure: Decision 2007-014. A True Copy ,Towtl,,Clerk • 1600 Oswod tit.. Ude,, 20 - Smte 2-36. North ;\n(1(wer. 1v9A 01 MJ Phone - 4'8-688 ') .-l1 1 -ax - 978-688-9;-1-) Web - \N•N�AN.townolnoil haiidover.corn . Brown, Gerald From: Daley, Lincoln Sent: Tuesday, February 12, 2008 1:40 PM To: Brown, Gerald Cc: Glennon, Michel Subject: 880 Great Pond Road Gerry: Robert Ercolini is currently before the Planning Board seeking a Watershed Protection District Special Permit under Section 4.136.3.c.ii of the Zoning Bylaw to construct a 8,171 sq. ft. single-family residence with attached garage and deck, construction of a pervious driveway, installation of stormwater management system, and related grading and landscape work within the 100 -foot Non -Disturbance and 325 foot Non -Discharge Buffer Zones of the Watershed Protection District. As you are aware, on August 14, 2007, the applicant was granted a Variance from Zoning Board of Appeals from Section 4.136.3.c.ii.3 to raze the existing single-family dwelling and construct a new permanent structure in the 100' Non - Disturbance Buffer Zone of the abutting wetland resources areas. At that meeting, the Zoning Board of Appeals also determined that a Variance from Section 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than 50% in gross floor area was not required because the proposed single-family dwelling will be a new structure. Upon review of the plans, the proposed single-family residence is also located within the 250 -foot Non -Disturbance of Lake Cochichewick. The current ZBA Variance is silent on any reference to the 250 -foot Non -Disturbance buffer zone of Lake Cochichewick. It is my understanding of the Zoning Bylaw and the Watershed Protection District that Mr. Ercolini will require an additional Variance from the ZBA in accordance with Section 4.136.3.c.ii.3 to raze the existing single-family dwelling and construct a new permanent structure in the 250 -foot Non -Disturbance Buffer Zone from the Annual High Water Mark of Lake Cochichewick. Please confirm your interpretation of the Zoning Bylaw and get back to me. The next Planning Board meeting is scheduled for Feb. 19th and the application will be continued until this issue has been resolved and a Variance issued by the ZBA. Many thanks. Lincoln Lincoln Daley Town Planner Town of North Andover Phone - 978-688-9535 Fax - 978-688-9542 t i as t9 p ++ b C) bo by 0 A v ami °dam° V p� ^cd° N N Ch M Ina M 0 d .� 40. 0 ^ O 'd ^NiONj C/l El p C% O ^� Cd N bo 0 Cd ° bA a� 1 4 114 p41 U N A U 0-2 C% cd A '2 04M. t°" w rn U U O Qa oz as vto O +' bo Cd � N V 4-4 v off. 0 cd cf r CS n U a N� U •'" M y � N CO yo" Qi °N > Z O? , �yy N O 3 to Abp N a �a. Cd cts z a5 Epi 0on clt� rn Go o W. rn N Cd cN v cd M 0 � z '� 0 > o pq o �' > , to tll� on Or-t_b �+ §�`1 V N� Cd 0 LL O d a 4x. r N 0 N O t" p J� i7 C N >, O O� � O w C O U� N y N a�N3c �. a�.� o v co o (D o Co c ; ^c3 '^ v ° FA rn CA 715 � b d I cd Cd rA Cd :3 CA 0 0-0 .::1 ° 0.2 o -b 0 oo � C's �. v od a� a� asO w � cn LLCOIVm t7 pG 0 �0 cc z F, x Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice-Cbairnran Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 NAME; NA Great Pond Li. 880 Great Pond Road North Andover. MA 0 `� �9 tocwu.-gai.�u- - 1•� Notice of Decision Year 2007 Proert at: 880 Great Pond Road Partnership HEARING(S): August 14, 2007 PETMON: 2007-014 15 TYPING DATE: August 21, 2007 Town Clerk Time Stamp The North Andover Board of Appeals held a public hearing at its regular meetingat 7 T wn Hallupotop floor the application meeting room, 120 Main Street, North Andover, MA on Tuesday, August of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parcel 111), North Andover requesting dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for relief from the requirement that an - addition or expansion be less than fifty (50) percent in gross floor area in order to raze and reconstruct a single family dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within the R-1 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 June 25 & July 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R Webster, and Daniel S. Braese. The following non-voting member was present: Thomas D. Ippolito. Upon a motion by Joseph D. LaGrasse and 2nd by David R. Webster the Board voted to GRANT dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief 50'from the setback requirement of the Pion Disturbance Zone's 100' Buffer Zone in order to raze and reconstruct a single family dwelling; per: Site: ;880GreatPond Road (Ma 103, Parcel 111), North Andover, MA 10845 Site Plan Title: ing Proposed Dwelling, 880 Great Pond Road, North Andover, n Ma No. 103Town Lot No111 Date &Revised Dates : 007 Registered Professional Land MacLeod, Reg. Prof. Land Surveyor #29644, Andover Consultants .a,.,, •t River Place, Methuen, Mass 01844 Plan Title Ercohm Residence, Great Pond Road, North Ando�N�fa�ssachusettsO18�10� o^l, Rrnmhall Architects. 14 Park Street Andover, Date: 05-01-07 Sheet/Drawing: Al First Floor Plan, A2 Second Floor Plan, A3 East &North Elevation, A4 West &Southwest Elevation With the following condition: 1. The proposed structure shall not intrude more than 50' into the no build zone and the proposed construction activity shall « ~ y.� 6 Page 1 of 2 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com 07/10/2007 13:44 FAX 9787842088 LAW OFFICES RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANMOVER, MASSACHUSETTS 01845 (979) 686-4041 FAX (978) 794-2098 AutyMVOMO@hotmsd.com July 10, 2007 Albert P. Manzi, III, Esq., Chairman ZONING BOARD OF APPEALS 1600 Osgood Street North Andover, NIA 01845 ISE: 7/10/07 hearing — Variance Application of NA. Great Pond Limited Partnership Dear Mr. Manzi: Pursuant to our telephone conversations of yesterday and today, I am informed that there will be no regular meeting of the Zoning Board of Appeals this evening due to lack of a quorum. t am also informed that all matters scheduled, including that of my client, NA Great Pond Limited Partnership, will be continued to the meeting of Tuesday, August 14, 2007. If there is any change from the above, please advise tyle at once. Thank you for your attention to this matter. RAV/ap Via FAX (978) 688-9542 0JUL 1,1111 D 1 U �uU7 BOARD OF APPEALS 0002/002 Raymond A. V ivenzio 08/27/2007 15 10 FAX 9787942088 LAW UffLGtJ wivvlr RAYMOND A. vTVF ENDO ATTORNEY AT LAW 89 i 5M- ET NORTH ANWVER, MASSACHUSETTS 01945 (978) 696-4"1 1 FAX (979) 794-2098 EMAIL: ono&"tea&tom Date:0�� 41 Machine fie. 11&FAX 920 Fac4i fie Number: (9n) 794-208 Telefax to the fa Rowing Number; �/4"_ Company Names f ^ f A 4 a, ' Total Number of pages (Including &tis Cover Page); '9� . Ir V 'GES ARE NOT RECEA-VED, PLEASE CALL BACK AS 80014 AS POSiS-MLE AT 11 -HE ABUIVE, NT This telly is attorney-client privileged and canWns�� t'al i��o m—at*o€ :Rtended only for the person (s) named above. Any other distribution, copying or disclosure is strictly prohibited. if you have received this telecopy in error, please notify us im-ine-diowely-y ta�aeinhone, and re€burn tae oeii8 ! transmission. 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. 40 17 Property at: 880 Great Pond Road NAME: NA Great Pond Limited Partnership HEARING(S): August 14, 2007 ADDRESS: 880 Great Pond Road PETITION: 2007-014 North Andover, MA 01845 TYPING DATE: August 21, 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, August 14, 2007 at 7:30 PM upon the application of NA Great Pond Limited Partnership, c/o Raymond A. Vivenzio, 89 Main Street, North Andover, for premises at: 880 Great Pond Road (Map 103, Parol 111), North Andover requesting dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief from the setback requirement and from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area in order to raze and reconstruct a single family dwelling. Said premises affected is property with frontage on the Southwest side of Great Pond Road within the R-1 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 June 25 & July 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The following non-voting member was present: Thomas D. Ippolito. Upon a motion by Joseph D. LaGrasse and 2nd by David R. Webster the Board voted to GRANT dimensional Variance from the Watershed Protection District's Non -Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.136.3.c.ii.3 for relief 50'from the setback requirement of the Non Disturbance Zone's 100' Buffer Zone in order to raze and reconstruct a single family dwelling; per: Site: 880 Great Pond Road (Map 103, Parcel 111), North Andover, MA 10845 Site Plan Title: Plan Showing Proposed Dwelling, 880 Great Pond Road, North Andover, Mass, Town Map No. 103, Town Lot No. 111 Date & Revised Dates): May 29, 2007 Registered Professional Land Surveyor: William S. MacLeod, Reg. Prof. Land Surveyor #29644, Andover Consultants Inc., 1 East River Place, Methuen, Mass 01844 Building Plan Title: Ercolini Residence, Great Pond Road,, North Andover5 Rob Bramhall Architects, 14 Park Street Andover, Massachusetts 01810 Date: 05-01-07 Sheet/Drawing: Al First Floor Plan, A2 Second Floor Plan, A3 East & North Elevation, A4 West & Southwest Elevation With the following condition: 1. The proposed structure shall not intrude more than 50' into the no build zone and the proposed construction activity shall be no closer than 15' to the 25' no -disturb zone. Page 1 of 2 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The Board finds that a Variance from 4.136.3.c.ii.7 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area is not required because the proposed single family dwelling will be a new structure. The Board finds that the lot designated 880 Great Pond Road (Map 103, Parcel 111) was created before October 24, 1994 therefore the provisions of the Conservation Zone, the enlarged Non -;Disturbance Zone, and the Non - Discharge Zones do not apply. The Board finds that owing to circumstances relating to the shape and topography of 880 Great Pond Road (Map 103, Parcel 111), especially affect this land by being bounded on the north by Lake Cochichewick and including an intermittent stream dividing the 2.4 acre parcel before emptying into the lake. The Board finds that the lot has existing water and sewer connections, that the proposed single-family dwelling's footprint is designed to stay outside the 50' no -build line and will be further from the 25' no -build line than the existing structure. The Board finds that the semi -permeable paver driveway and roof runoff infiltrators will lessen the impact of the lot usage on Lake Cochichewick, which is the purpose of the Watershed Protection District. The Board finds that the granting of this Variance will not affect generally the Residential 1 and Watershed Protection District zoning districts in which it is located and that a literal enforcement of the provisions of Section 4.136.3.c.ii.3 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that desirable relief maybe granted from Section 4.136.3.c.ii.3 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. North Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Joseph D. LaGrasse David K Webster Associate Member Daniel S. Braese, Esq. Decision 2007-014. M103P111. Page 2 of 2 &-J -e y -e, V I/ i 1 7 L V V 1 V V I V 1 1111 � r V 07/11/2007 08:59 9786880476 F : I. W.'.' Zoift Board of ahl HEALTH AD -111 -Re HAND 00 Aff-uls Cmmunily NvelopmenP Olvlslon PAGE 02/02 9 1 i F ` MRYY���} f�N.�••P 2,091 JUL 12 AM 94 59 Deft' lertrs,� '<`s U { �1 x1r6DO i L4 f 1600 C"Oo6 Street 'North Andover MA 01845 pi advised e 1 Ae aed tun w�€a-s a`0�nd� Zoning Bond ofA,ppeab to �nn:sl s a deasian regarft the Sr: -a ariance 5geo�1 Pent(41 88 MAIN STRE=1r V MZ'10 NORTH ANDOVER, MA 01945 1600 Osgood Sirset, North Andover, MosscAuselfis 41645 Phone 911.6889541 Pax 911AILI542 Web wwwjownofnorthandovltr com Town of North Andover, MA - CANCELED - Zoning Board of Appeals Meeting Page 1 of 1 ; CANCELED - Zoning Board of Appeals ('—k Site (7' This Folder Meeting Search' Advanced Search Tuesday, July 10, 2007 at 7:00 PM Town Hall Meeting Room A�iobe'Reader7.e N „ irtuoal Town Hole " Municipal SI e- v;rt��lic� Printer -Friendly Version ZONING BOARD OF APPEALS MEETING NOTICE ALL AGENDA ITEMS SCHEDULED FOR THE REGUARLY SCHEDULED ZBA MEETING OF JULY 10th CANNOT BE HEARD, AS A QUORUM CANNOT BE REACHED. ALL AGENDA ITEMS WILL BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF TUESDAY AUGUST 14TH AT 7:00 P.M. AT TOWN HALL 2nd FLOOR CONFERENCE ROOM. THE ZBA AND STAFF APOLOGIZE FOR ANY INCONVENIENCE. North Andover Town Offices 120 Main Street, North Andover, MA 01845 Phone: (978) 688-9501 http://www.townofnorthandover. com/Pages/NAndoverMA_Calendar/SOOFB E47D-OOFBE... 7/10/2007 07/10/2007 13:44 FAX 9787842088 LAW OFFICES RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 iIiATN STREET NORTH ANDO'VERO MASSACHUSETTS 01845 (978) 1 FAX (978) 794-2088 EMAIL: attv�o6 hotmail.eom Date: Machine Type: HP FAX 920 Facsimule Number: (978) 794-2088 f Telefas to the following Number: '" y dol— ?YW Company Name: 160011002 Atttention: !6� From: Regarding: Total Number of Pages (Including this Cover Page): IF ALL PACES ANN NOT RECEIVED, PLEASE CALL BACK AS SOON AS POSSIBLE AT THE ABOVE NUMBER. This telecolpy is attorney-client privileged and contains confidential information intended only for the person (s) named above. Any other distribution, copying or disclosure is strictly prohibited. if you have received this telerapy in error, please notify us immediately by telephone, and return the original transmission. 07/10/2007 13:44 FAX 9787942088 LAW utrrut�; RAYMOND A. VIVENZIiO ATTORNEY AT LAW 89 MAIN SMET NORTH ANMOVER, MASSACHUSETTS 019€S (979) 666-4041 FAX (978) 794-2093 a �tYMV0=00hotmad.com July 10, 2007 Albert P. Manzi, III, Esq., Chairman ZONING HOARD OF APPEALS 1600 Osgood Street North Andover, MA 01845 RE: 7/10/07 bearing — Variance Application of NA Great Pond Limited Partnership Hear Mr. Manzi: Pursuant to our telephone conversations of yesterday and today, 1 am, informed that there will be no regular meeting of the Zoning Board of Appeals this evening due to lack of a quorum. i am also informed that all matters scheduled, including that of my client, NA Great Pond Limited Partnership, will be continued to the meeting of Tuesday, August 14, 2007. If there is any change from the above, please advise me at once. Thank you for your attention to this matter. RAV/ap Via FAX (978) 688-9542 � 111111 JUL 1 D U CUU7 BOARD OF APPEALS aa -2--10/:4- Vj VVG/VVL Sincerely, 4 Z Raymond A. Vivenzio TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS fat Pond Limited Partnership 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 t3oara of an application as 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 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. 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 petitioner requests the Assessor's Office to compile a certified 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 be certified by the Town Clerk with the time .ind date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with rhe .Zoning Board of Appeals secretary. APORTANT PHONE NUMBERS: )78-388-9533 Office of Community Dev. & =:ariices 1600 Osgood Street, North Andover, MA 41845 378-328-3542 7:3x for Community Developireant Dffces ,378-688-9545 3uilding Department 371-i388-9541 ?::nirg Board of Appeals Cttice OFTICE V % 4NR- co - `'� i I ' i S wn Clerk Time Stamp .i v 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 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. An the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 8: 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 Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. North Andover T:wn Hall 120 Main Street 978-688-9501 Town Clerk'sOffice 978 -688 -9586 -assessor's Office PAGE -1 of 4 Plan Review Narrative The folioWno narrative Is prW&d to furMer explain the ressons for denial for the bUlding permit for the property indicated on the reverse side: w 6-+4 & 0-2 All properties located in the Watershed Protection District require a Watershed Special Permit through tbLe Planning Board per Section 4.136 of the Zoning Bylaw. D-2 A Variance firm 4. t36.c ii.3 is required from the Zoning Board of Appeals in order to oonattuct a new permanent structure in the Non -Disturbance Buffet Zone and a Varlance from 4.136.aii.7 is required in order to raze the existing dwolling and xplace it with a stractm 00/9 STItff than the existing struoh= Also, Conservation has noted that the site will need an Order of Conditions from the North Andover Conservation Commission. �h Zoning Bylaw Review Form . e'+w• Town Of North Andover Building Department item 1600 Osgood Street, Building 20, Suite 2-88 s North Andover, MA. 01845 common Dnvwey "a Perm Phone 97048"545 F2x STMOD-9542 DENIED for the following Zoning Bylaw reasons: �,,..�..� nra..4-6. 014 JL Wmfm mharl Drnfar_tlnn nifttrlct Romarlu rftrMe ehmm la ehneked hnlew item 8 3 ecl I Pe its PlanningBoard Item # ftem Notes Setback Variance item Notes A Lot Area common Dnvwey "a Perm F Frontage Man Variance I Lot aM Insufficient trideparmlent Elderly Houeklg d Permit 1 Fl-onjaga insufficient Special Panton Nott -Conforming Use ZBA 2 Lot RGa PreexIsling X 2 Fran Complies X 3 4 Loi Area Com lies Insufficient Information X 3 4 PmexWng front!pe 1 InsufficlentinfdrMallon B iJse 5 No access over Frontage 1 AI owe G Contiguous Building Area 2 of Allowed 1 Insuifiolent Area 3 Use Presx1sting Complies 4 622doi Permit RIred x 3 PnesxfaNn CBA x 5 Insurfident IrtforrhEltioll 4 Insuffident Information C Setback e, H Building Height `t ? Ail setbacks tom x 1 Haight Exceeds Maxffnum - 2 Front i surtkient Com les 3 Left Side Insufficient Preexisting Height 4 R t Side Insufficient d Insufficnent Information 5 Rear Insufficient I Building Coverage NA 6 Prewdstln setback(q) 1 coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Pnnodsting 1 Not in Watershed 4 insuffldent information 2 In Watershed x J Sign NA 3 Lot ptior to 1 Ot24/94 x 1 Sign not allowed 4 Zqnq to be Determined 2 Sian Complies 5 Insufficient Information 3. insufficient information E Historic Distrlot K Parldng 1 I In District review required i More Packing Re aired 2 Not in d strict X 2 PErking Complies X 3 1 Insufficient Information Romarlu rftrMe ehmm la ehneked hnlew item 8 3 ecl I Pe its PlanningBoard Item # Variance Site Plan RF40w $pelohrl Permit Setback Variance Atmos othtr eutn Frontage special Permit Padohtg Vallance ' Fientags Exaepgan Lot Special Permit Lot Arco Varbrice common Dnvwey "a Perm aipM Variance oarvegals Rming SPodat Perrot Man Variance Carts► Rwo mmt special Permit D-2 Gross RoorArea Variance trideparmlent Elderly Houeklg d Permit S edal Permits Zoning Board large &W6 to Cando Spetael permit Special Panton Nott -Conforming Use ZBA Pinned Development Dlavlct special Permit Earth Removal Spacial f emtit ZBA Plppnnd PAddendal Spadai Permit Sptidai Pormlt Use not Llated but Sinner R -e Denaayspecial Panna aped d Permit for nit 8,4 1 Waters special Permit Suppty Additional InformADn 'me above review and attached eaplenellon of such Is based on the plana and Infamrattar aubadtiod. No dotirihm raulaw and or advice %nett be bcaod an verbal vVtonallum by the appileent nor ensu such verbal explanations by aro eppOoant vwvn to provlde daMmw anmuara in the above raaaana for DENIAL. Any Innmurotlea. misleading hdormnlion• ar either nubaoquont otengm to tine Intornhntlon submitted by Ino opptieent ensu be grourWs for gale wow to bo voided at the dl wo0on of thn Min Dppwtm-L Tho aMrchnd daau= == "'Ian Ravlaw NnHofW ahaII bd sttadied hereto and irncorporated herein by reference. rhe bulking department w1A retain all pians and do cumentegon' 1* " 0)nVq flit+. You In now bulling WMIt t+WcAt oxl faM and bog tho pom►Rtln9 M OM ,,7Z , . _ , // BtdGbV Departmeni bMI Appll Totion Wed Application Denled Denial Sent; V Faxed Phone Number/Date: PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all items 11 -10 below: 1. Petitioner: *Name, *Address and telephone number: NA Great Pond Limited Partnership, a Mass. ltd, partnership c/o Atty. Raymond A. Vivenzio, 89 Main Street, North Andover, MA 01845. Tel. (978)686-4041 . *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: NA Cr, -at- Pend T,i mi tPr3 PartnPrshi p, c/o Ercolini and Comfy 55 Summer Street, Boston, MA 02110 Years Owned Land: Since 5/14/04 3. Location of Property: a. Street: 880 Great Pond Road Zoning District: Rl b. Assessors: Map number: 103.0 Lot Number: 0111 c. Registry of Deeds: Book Number: cert . No .14 4 5 6 Page Number: 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 4.136(3)(c)(ii)(3) and 4.136(3)(c)(ii)(7) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner 5. Describe the Variance request: Petitioner requests permission to raze existing dwelling and construct a new single-family dwelling in its place, the new structure being more than 50% larger in gross floor area. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result In a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicaite the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. N/A % B. N/A % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2.4acres 309.21 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2 acres 175 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" 1,792 ± 2 30' 3,584 Single—family residence 1 'Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building" of Units" 4,465 ± 2 34'91/2 8,,171 Single—family residence 1 *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this pplication as incomplete. Type above name(s) here:g�' RAYMOND OA VIVENZIO ��AJN S NORTH ANDOVER, MA 01845 MEMORANDUM APPLICANT: NA Great Pond Limited Partnership c/o Ercolini and Co., 55 Summer Street, Boston, MA 02110. PURPOSE: Raze existing single-family dwelling and construct a new and larger single-family dwelling. PROPERTY: 880 Great Pond Road North Andover, MA 01845 The applicant seeks to raze the present dwelling and construct a new, larger dwelling in its place. Virtually the entire lot is within the Non -Disturbance Buffer Zone, and the area of present residence and the proposed residence is within the 100' buffer zone from the wetland resource areas. The lot is an older lot, having been created prior to October 24, 1994, and is thus exempt from the provisions relating to the Conservation Zone, the enlarged Non -Disturbance Zone and the Non -Discharge- Zones. The proposed construction is allowable by Special Permit of the Planning Board, but "only after a variance has been granted by the Zoning Board of Appeals." Additionally, a variance is sought for the new structure as the size is greater than 50% of the old structure, however, petitioner is of the opinion that this latter variance is unnecessary as it pertains to "expansion of any existing structure." Petitioner believes that the variance request under 4.136 (3) (c) (ii) (3) would cover the size of the "new permanent structure" proposed by Applicant, and that a request under 4.136 (3) (c) (ii) (7) is inapplicable, but is included herein as it is noted in the Building Inspector's denial letter. The Applicant believes that because of the shape and topography of its lot, and the existence of the non -disturbance and other buffer zones, which greatly limit the useable area of the lot, that literal enforcement of the bylaws would involve substantial hardship to the petitioner. Applicant believes that relief may be granted without substantial detriment to the public good and without derogating from the intent of the bylaw, as the lot is large, the proposed dwelling is serviced by water and sewer, and it replaces an existing dwelling. Additionally, the proposed residence will also serve as the residence of the applicant's aged parents, who require one -floor living with no steps. rl;o LOCUS PLAN 01= 7 S O1r A1� Y D SCALE: 1"=800' LAKE COCHICHEWICK / PROPERTY LINE IS ALONG THE EDGE OF LAKE COCHICHEWICK- LOT 8 LAND COURT PLAN #20252D 2.4 ACRES± •"' LOCATION OF BRIDGE AT THE TIME OF SURVEY IN 2005— / H 2\� 20 w.\ JAEKLE NSF 314 RONALD C. & KAREN M. - McCLUSKEY 3L EDGE OF WATE AIL 311` AL / \ \ I I AL I I PA& O� / / I o INN \ 031 ,- OI` 1 \ IOAt \ AL ENCH NARK AL _1201 ELEV-122.42 AL AL 13, /. d EwSTIG PRDPOSFD I DWELLING i DWEWNO . J9L AW. S -AB -121.0 • I � �' FJ'. -126.0 / I � N� I AL 13A* ';P-21 P -2I AIL 1 \ 1 1 AL I 14AA, � � 3V� • . \ \I 1 5� � 1\ `� � \AL \ .� Np �� \ \ \ y/ \ AL \ 10i•gyp!\ \ \\ 122 AL I AL AIL up4l 16A \\ \\Ak AL 1 / 9L 17A AL\\ a\\ \i`8A4 N D.H.(FND. 61.26' II SSO- SO,W . 30.13' IN 11 .01 I 1 S74'3720•W R - \��---Ilk " 217.80' 1sA_ 4- D.H.(FND.) O.H.(FND.) \� S73 8'30,W SMH IS 1 LAKE COCHICHEWICK 4A 0 q. 16 I O L o -_1 m/ -11J 100_•BUFFt�tC _ - zoNy / h0 I i —_. -----D.P@737-----._... /•-wt .-.c /� r N s EDGE OF PAVEMEN7J--'-----I�-- - - - _ EDGE OF P ---- AVEMENT �T I -.�----�L.--__ �p S 7 - GREAT - --- --- ------ 7- POND BENCH MARK --L__-- -��� NAIL IN SACK SIDE EL V-1230 ROA —� ELEV.-123.56 / \ D SM _ INV.-115.43—�,F-�` 11 PLAN SHOWING PROPOSE 880 GREAT POND GENERA& NOTES: LEGEND: - NORTH ANDOVER, 1.) WETLANDS WERE FLAGGED BY STEVEN ERIKSEN OF 6AA WETLAND FLAG ��� -� ZUU } NORSE ENVIRONMENTAL SERVICES ON MARCH 13, 2006. D SCALE: 1"=20' DATE: 2.) THE BUILDING SITE IS NOT WITHIN THE 100 -YEAR FLOOD PLAIN -,210 EXISTING CONTOUR BOARD OF APPEAL - 3.) MAP NO. 103 TOWN. LOT NO AS IDENTIFIED ON FEMA FLOOD INSURANCE RATE MAPS. (g}—S EXISTING SEWER B 3.) THE ENTIRE LOT IS IN THE LAKE COCHICHEWICK 179x2 EXISTING SPOT GRADE WATERSHED PROTECTION OVERLAY DISTRICT. a n Cl o Ver ® EXISTING DRILL HOLE consultants a.) THE EXISTING DWELLING Is CONNECTED To RECORD OF OWNER: PUBLIC SEWER. 220 PROPOSED CONTOUR NA GREAT POND LIMITED PARTNERSHIP Inc. 5.) THE LOT IS IN THE R-1 ZONING DISTRICT. x11792& 195 BRIDLE PATH PROPOSED SPOT GRADE NORTH ANDOVER, MA I \05-49\dwg\SITE.dwg 2\� DONALD OONAE. JR. &LAURIE B. w.\ JAEKLE 314 1A / \ \ I I \' I I I-� s� 1 wI 031 I OI` 1 \ oI \ ENCH NARK NAIL IN 24' POPLAR _1201 ELEV-122.42 \ I j I � N� I $ I I 0 q. 16 I O L o -_1 m/ -11J 100_•BUFFt�tC _ - zoNy / h0 I i —_. -----D.P@737-----._... /•-wt .-.c /� r N s EDGE OF PAVEMEN7J--'-----I�-- - - - _ EDGE OF P ---- AVEMENT �T I -.�----�L.--__ �p S 7 - GREAT - --- --- ------ 7- POND BENCH MARK --L__-- -��� NAIL IN SACK SIDE EL V-1230 ROA —� ELEV.-123.56 / \ D SM _ INV.-115.43—�,F-�` 11 PLAN SHOWING PROPOSE 880 GREAT POND GENERA& NOTES: LEGEND: - NORTH ANDOVER, 1.) WETLANDS WERE FLAGGED BY STEVEN ERIKSEN OF 6AA WETLAND FLAG ��� -� ZUU } NORSE ENVIRONMENTAL SERVICES ON MARCH 13, 2006. D SCALE: 1"=20' DATE: 2.) THE BUILDING SITE IS NOT WITHIN THE 100 -YEAR FLOOD PLAIN -,210 EXISTING CONTOUR BOARD OF APPEAL - 3.) MAP NO. 103 TOWN. LOT NO AS IDENTIFIED ON FEMA FLOOD INSURANCE RATE MAPS. (g}—S EXISTING SEWER B 3.) THE ENTIRE LOT IS IN THE LAKE COCHICHEWICK 179x2 EXISTING SPOT GRADE WATERSHED PROTECTION OVERLAY DISTRICT. a n Cl o Ver ® EXISTING DRILL HOLE consultants a.) THE EXISTING DWELLING Is CONNECTED To RECORD OF OWNER: PUBLIC SEWER. 220 PROPOSED CONTOUR NA GREAT POND LIMITED PARTNERSHIP Inc. 5.) THE LOT IS IN THE R-1 ZONING DISTRICT. x11792& 195 BRIDLE PATH PROPOSED SPOT GRADE NORTH ANDOVER, MA I \05-49\dwg\SITE.dwg 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 oppostteon any public or prtvate way, and abutter; 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 arrodrer city or town, the planning board of the city or town, and the planning board of every abutting city or town' Sub/ect Property: "a49 Great Pond Road MAP PARCEL Name 103 111 Robert Ercolini Abtrtters Properties 940 Great Pond Road Man Parcel Name 103 17 Frank Moltz 103 18 Karen Trovato 103 19 Jose Baez 103 22 Donald Jaekle 103 35 David Paolino 103 36 Charles Trombly 103 38 Robert Ayer 103 112 Ronald McCluskey 103 113 Michael Batal 103 117 Russell Paul Lake Cochichewick Mass Enviromental Address 880 Great Pond Road North Andover, MA 01845 Address "a49 Great Pond Road North Andover, MA 01845 v905 Great Pond Road North Andover, MA 01845 1,865 Great Pond Road North Andover, MA 01845 L-894 Great Pond Road North Andover, MA 01845 940 Great Pond Road North Andover, MA 01845 X58 Great Pond Road North Andover, MA 01845 L,6 South Bradford Street North Andover, MA 01845 1,870 Great Pond Road North Andover, MA 01845 t,834 Great Pond Road North Andover, MA 01845 101 Salle Way 100 Cambridge Street 7-3-01 North Andover, MA 01845 Boston, MA 02202 Date Page This certifies that the names appearing on the records of the Assessors Office as of V / , acv Certified b Date�oy��- 6/8/2007 1 of 1 the o 1 Plan of Land signed and stamped by a Massachusetts Registered Professional Land Surveyor and conforming to Massachusetts Deed Indexing Standards, Version 3.0 — January 1, 2006, Appendix B [page 151. Additional information required for Major Projects may require plans certified by a Massachusetts Registered Professional Civil Engineer, and/or a Massachusetts Registered Professional Landscape Architect which may be included on the site plan or submitted as separate plans. O "' 1 Mylar that conforms to the requirements of the Massachusetts Deed Indexing Standards, Version 3.0 — 1,.1 & 2 ► January 1, 2006, Appendix B [page 151 with a 1. block titled "North Andover Zoning Board of Appeals" including five signature lines and 2. an empty block titled "Registry of Deeds use only" O "' 11 paper copies not to exceed 11"x17'; preferred scale 1"=40'. The one Mylar and the eleven paper copies of the Plan of Land include: Site Orientation: 0 North point 3. o Zoning district(s), with the ► Table 2 district requirements listed 0 Names of streets 4. o Abutter's names and addresses of property within 300' radius indicated 5. ;: Property lines and location of buildings on surrounding properties 0 Any abutter's structures within 50' of the proposed structure 00**Wetlands (if present) must be shown 0 Deed restrictions, easements 0 Locus Legend & Graphic Aids: 6. o Graphic scales 0 Title of plan 0 Name and address of applicant and/or owner of record 0 Date of plan :, v Name, address, and phone number of surveyor. 0 Dimensions of the lot 0 Percentage of lot covered by structure(s) (N/A for R1 -R-4 &VR) 0 Distance between all lot lines and closest point of structure(s) (except uncovered stairs) 0 Required parking spaces 0 Proposed features in solid lines, outlined in zed 0 Existing features to be removed on dashed lines 0 Minor Project = side view of proposed structure, including ground to roof peak elevation Odd] Variance Plans of Land should include any topographical feature, such as ledge, rock, peat, natural conditions of water, brook, or river on the parcel that supports the applicant's request for relief. 01D Variance for subdividing a parcel requires the dimensions and area of the surrounding lots from the deed, or plotting plan for comparison with neighborhood lots, noted on the plan as such and marked "approximate". OQJ Major Projects are those that involve one of the following: 5 or more parking spaces or 3 or more dwelling units or 2000 square feet or more of building area and further require: 0 Detailed utilities o Detailed soils Detailed topographic information. 1-112 rT'1 I'NOUn rq„� 5•:n,tl� £ vG fz Y RoA D Q z u \ _-I) a < f� dear aW 2a�1 jW�"0 W V) 0 o�A <Wu4� z Q a^ ENy+ N ;, W W O O<. a. Z IL w J M. 4 V Vt -Ir _ ? Qp113 W V) 0 U W 7 00 CD VI0w 3N O M. O PSIy0.�zO O d U - oo N O W L.,-3 W W air 0 Z < < W_ < �?J W 3 dS W a W� L I j CL O a � D O D W W ir�<r'zv, p 0 Zn z< �y1` <0Lw, F-,233zW�N J N zv 00 z z0 <«S�<Qpz !• <E < � a Or F z Fn zvi, zF ==aa < j�4 ter. aO�aJ m U W W raS>W OFce Z ' I O<� U z 0 y '7y71S - EOxWa Wp O -Z �•. Wz ^ N W O rZO<=OW �'�':�,`. 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WETLANDS HERE MGGED IM ESM AR,,, N .OF NORM ENNflONMENTAL SERNCES ON MARCH 1; 2006. 2) THE BUILDING SITE IS NOT WITHIN THE 100 -YEAR ROOD PLAINAS IDENRFlED ON FEMA ROOD INSURANCE RATE MAPS. S.) THE ENTRE LOT IS IN THE I—E I=HICHE M WATERSHED PROTECTION OVERLAY DISTRICT. 4.) THE ETOSRNG DWELLING IS CONNECTED M PUBLIC SEWIl2. 5.) ME WT IS M THE R-1 ZONING DISTRICT. PLAN SHOWING PROPOSED DWELLING - 880 GREAT POND ROAD LEGEND: JUN 4 ZUu, NORTH ANDOVER, MASS. 6Ap xEnu+D Mc SCALE: 1'-20' DATE: MAY 29, 2007 ''-''e EnsnHc CON DR BOARD OFAPPEA TOWN MAP NO. 103 TOWN LOT NO. 111 @--5— EXISIDIG SEWER - 178# MSTDIG SPOT GRADE O —�-� EASRNG DRILL HOLE PROPOSED CDNTpNR RECORD OF OWNER: NA GREAT POND LIMITED PARTNERSHIP . dOver Or1SUItonts inc.%1,To�1 AN aL 195 BRIDLE PATH PROPOSED SPOT GRADE NORTH ANDOVER, MA - 1 East River Placa wlllarn S. MacLeod Methuen, Mas& 01844 Reg. Prof. Land Surveyor £99£-64L-SL6 'ylasli[oussuVq `.ianopuy quoN C :a4va 01810 spasnyaasssp�.anopuy P-S Wsd bl pEO� pu v �Ealo O laof � � � ., � „ ������n., .o-.1-.xc/c :a�n�g 0 11sioaiu3oxV z�vruWg god aouapisag 1U. 1103zg £99£-6PL-8L6 130SRPUSSUN `SBAO U Lo -w -w :04va 01810 sNasngaesssyi •i .P.v I.a s �d b[ P d 1ON PEOd Puod w0i A-.1•.wc:alnjs 'I-IVxyiyxg aog a�uapTsag iu1j03ja I N £99£-6CL-SL6 'ianopvy jaaSRi[�BSSE `�anopuy yyoH CO W-� .a;vQ OISlo suasnyo¢sseyl S31-dbl pEO2j pLOd;Ea]J N -'i �.zc/c ralvaS SLDaIII-IO2IV-I-IdI-WV-dg 90� aqua isa ilii OSI P. 2I 1 g U01� 11�Sa alo0 JagwnN .a v V 199E-64L'SL6 uasngnussuW `ianopuy g7JoH 0 (9-10-W :2j1)Q OIBIO sllasnyaessayy nopuN laans ��d 4i puog puoa it— :s si�aiixoxd z�iVxg 90'd oouopisag iutjoozg Q E99E-64G-8G6asngosssey� `ianopuy q}coN o OI8t0 suasnyoeC99C 'VL- Pntl I. -S Wsd bl m -w -w :a;vQ ■ peog puod 1 s sioairxoxV g aog aouaptsa- tutloozg Q lD-10-pp --a}va a-.1- a/c .alvag E99E-6ft-U6 D 18 f o mxnq.--Rq ranomw I.—S V d 1+1 S.LbH,LIHD-Iy 'I'IyHy "E[ Hplj "asngossseyN'.,oAopuy gyH Puma PIIod::DN aauapisag iuijoaxg Q y E99E-69L-8L6 asngasssaLl'sanopuygytoH yeo-w uo :ajnQ OI8I0 auaenyuossv{.y 'ianoputl iaanS Aid 4I . peog puod 3eauJ SJDHrixoxd ---IVH �Vxg sog aouapisou lulloola uoI} �osaa a}o4 iagwnm v V E99E-6hL-SL6 ;;aSRI;aESSEjnj `3anopay cj7-[oN O 0 [e n�es W '�anopuy l2 -S B -d bl tEO UO o -w -w :a;vQ l0cuasy. P 2I P d 1Eai unn uocan ainn nnuTu Io -'l' aR:ajnag SL��LIH�2I�' I I�IIY�It�I$ 8021 2ouapiS221 TUTjOoIa Q PAGE 4 OF 4 9. if MTTEN 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: I) five (5) or more parking spaces, :I) three (3} or more dwelling units, tH) .2,000 square feet of building area. ",Major Projects shall require, that in .addition to the 1(:B & 10C features, that -the plans :show detailed utilities, soils, :awd to pographic information. VARIANCE `10.13. 'Plan *pecifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' In One (1) Mylar,Yiith one block for Registry:,.Use Only, and one block for five (5) ZBA signatures & date. IIn 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: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and land surveyor. 7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk ('). In some cases further information may "e 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 Gass, certified, return receipt ($4.64 as of .January 2006) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps ;currently 39¢) x the # of parties of interest on the -abutter's list for the decision mailing. 11.9. 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). 11. C. applicant shall provide a check or money order 4.o: 'Town of North Andover" per 2005 Revised Fee Schedule. A',laraance rta3ce granted by -fl*e ZISA ^.will ?ape n 1'one) year if not exercised and a new petition must vde-'Wbmitted. 4 3 N V N EGD VC aoo OC > WO 03N �M� nm N V cn x m -i n 0 T� M. CD 0 0 and sr•L pp 00 0o W C: O 00 In v v � an D O AAz 00 A A OO O O 00 r r 7 7 C. a A A 00 A A O O O O O O 0 0 3 N Z `°p x v X -U,1�4 0 � v m a; Dcn3 W kms; x Sv Wa 0 CO Z o CO) v ..1 Z D' O � N � D mO 0o A A A O A 0-4 O A V D O T aoo > �oQ.�z� O CD 03N �M� nm r I Z3 3m O> D v DX �� Z ; N N D Z z m m. � �m Zp r o o m p r w 0— -n O 3m p o z�D �X d o z O o O Z m o � x D 0 W X 0 O N W: CD r :- .+ ..: x CD O Y 7 �; N O W fD' O ms n 4 O r O C CD y j N W.fD (D a O CD m za 'v' o cr D 0 m O! N m o A oo D m fl A c°a' m Oa 0 row07 m �m� ca CO CO m Gi D J a a O Z v v �I N N (7 v y ` Q'i � O W a m o 161 0 0 0 For Day IMPORTANT MES�a A.M. Time Of Phone FAX Area Code Number Extension MOBILE Area Code Number Extension Telephoned Returned your call RUSH' Came to see you Please call Special attention Wants to see you Will call again Caller on hold AR i universal -48023 LITHO IN U.S.A. D, �, 410 f 6' - ZONING BOARD OF APPEALS Community Development Division FAX TRANSMISSION i FAX NUMBER: 9 7 � — 7 51— 2, 0 `6 2 FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street FAX: 978-688-9542 PHONE: 978-688-9541 Cover & Pages: Date: 6- 13— Q7 Subject: 'q; �b a 6— R R _lam Remarks: 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com ZONING BOARD OF APPEALS Community Development Division FAX TRANSMISSION i FAX NUMBER: 9 7 � — 7 51— 2, 0 `6 2 FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street FAX: 978-688-9542 PHONE: 978-688-9541 Cover & Pages: Date: 6- 13— Q7 Subject: 'q; �b a 6— R R _lam Remarks: 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com