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Home My WebLink AboutMiscellaneous - 880 GREAT POND ROAD 4/30/2018 (6)�Vxr Cap 0 JadJag 0468 Application fiw Om Q wring due On: due On: If6 1� 0 r -r f e c, lel e) POSJ yneompleteNAZBA Aimlicaron Form Date:t Time•------ 14issing: I1�0 & �(,� GIS s -7o5 �s �lq V� pyt �� 4� � � � - � ��6 Albert P. Manzi I11, Esq. Chainvan 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 P. Liporto Town of North Andover ZONING BOARD OF APPEALS Any appeal shall be filed within Notice of Decision (20) days after the date of filing Year 2009 of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 1;11{�jl'1 i. i %Town Glen. Time Stamp 40A, §17 Property at: 880 (Treat Pond xoau 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: \0549\dw \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 \\ Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, ]?sq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS x OL -2a, 04 y1� # c'ti E. 1 i 7 q�R1T�0 pPP� �h ��'` f\, �7. i P'�'. �..: � �: �,.,:._ _ .. l •.� �- �SSACHUS�� t 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-1Front, 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.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. 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 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. Braesc, Esq. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS /Of • iJ��') v..„ ^_` ' i (';-' i� 4t� 'a A0 SGS it 7 i oto SACHUS.r '. I own Clerk Time 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. 2zkC r North. Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard M. Vaillancourt Associate Members Thomas D. Ippolito Michael P. Liporto Decision 2009-002. M103PI11. 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 Town of North Andover ZONING BOARD OF APPEALS_... _ . Albeit P. Manzi III, Esq. Cbairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk OR .jueo ,e �'1'O L'. _ . i'" t ...._ Joseph D. LaGrasse Richard M. Vaillancourt 0 0 ,4ssaciate Members ^: Thomas D. Ippolito ^oa a Daniel S. Braese, Esq. Michael P. Liporto SSAC Town Clerk lime Stump Legal Notice - North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Lecture Hall of the North Andover High School, 430 Osgood Street-, North Andover, MA on Thursday, the 19th of March, 2009 at 7:30 PM to all parties interested in 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 11, 1), Nath Andover, MA requesting dimensional Variance from the Watershed Protection District's Nov - 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. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, IB, Chairman Published in the Eagle -Tribune on March 2 & 9, 2009. Legalnotice 2009-002. M103Pl 1. M � o go Q w m m� a) z=< Vi Zt!-Z vi�(�CnZ� i N5 rau)n°ia:aoQio�aan�_.�Rmcm�w>?Qw��my�oo3'7�Do�'Z02 N vW o00NN�FnCD °0 ,0 �N�m0Za =°ooao��o��o.�70 ° ° DNy p� ?m v o 3 a° o'"n,o o m g o K -M p Zm ° mm c°n C-1 �QWo�aa�°amm �o�v3cm�3m�..vo`°7ei°oo�� vDow�oa�c�yov O= coo 3 �'�� < c o y v ®O�� w� c°O� ¢ : �w ?�.soo m vo sH yZ y o o° �� m (�N m w i0 o u, �_Mo m aNm pm W� 3 ��'� o'.� =NaDOm y ci Dm �O �. w= .mmo<o=5''Dr-mrm`<m�w- :,r.=gr,oKWCD0ry 05;z 6ZO==co" =o70 1600 Osgood St., Bldg 20 -Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com i -),x + 9x f North Andover Zoning Board of Appeals Top Floor Meeting Room, Town Halt, 120 Main Street, North Andover, tViA 01845 Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Bldg. 20, Suite 2-36 North Andover, Massachusetts 01845 Re: The application of NA GREAT POND LIMITED PARTNER C/O ERCOLINI AND COMPANY for a(n) Res. Variance to allow construction of a single-family dwelling,driveway, appurtenant site grading within the Buffer Zone to a Bordering Vegetated Wetland and within the ''Watershed Protection District., dated February 12, 2009. Hearing No 2009-002-5705 NORTH ANDOVER Zoning Board of Appeals, hereby certifies that the following is a detailed record of the board's proceedings and decision regarding the above captioned application regarding the property located at Map='103.0° and Block='01I V which property is affected by this decision. The above captioned application requests a(n) Res. Variance from 4.136.3.c.ii(3) of the North Andover Code to allow construction of a single-family dwelling,driveway, appurtenant site grading within the Buffer Zone to a Bordering Vegetated' Wetland and within the Watershed Protection District.. A True copy of the application is on file in the Office of the City Clerk. A notice of public hearing on this application, a true copy of which is on file in the office of the City Cleric was. 1. Published in the Eagle -Tribune, a newspaper of general circulation in the North Andover on ... and .._. 2. Posted in a conspicuous place in the North Andover on ... which was at least days prior to the hearing; and 3.. Mailed, postpaid on ..., which is at least days before the hearing, to the ,petitioner, abutters, owners of land directly opposite the property in question on any public or private street or way, abutters to abutters within required feet of the subject property, the planning boards of the abutting municipalities. The notice was Trailed to the names and addresses shown on the most recent tax :list provided by the assessors's office. The public hearing will be opened on ... at ... at which time opportunity will be given to all those interested in being heard in favor or opposition to the application. Based on the evidence and testimony presented at the public hearing, the Board made the following GeoTmso 2009 Des Lauders Municipal Solutions, Inc. Page 1 of 2 ZBA 590 Date .. est .".',.' .eq.9. TOWN OF NORTH ANDOVER RECEIPT �vr#a13,g4- 1 j6 � This certifies that.l..�A,!...x..:3��+.�.�F�.P.I/! tri ................:.. has paid .. � .. .. P ..t�s�°� �.c,1 c.P...:'�'. .._ r. a�........ Ctt fo r -6 q. , r�...�a'.�!p��....Pry►.d..... 4)..................�:?r..E�!!��1. Received by .... !..�,r71....................... Department ................ .'>....................................... f .............. WHITE: Applicant CANARY: Department PINK: Treasurer IVBanknort — I RAYMOND A VIVENZIO ATTORNEY AT LAW .0311004-1- 6-37656016 yn4 cne E 30361 use In-a:lpin4l c M411010 AYI4B10p Tl va-mn q,.2-1-0 w�u q +ow16 v. c23 usosrse DoslDo+s. /m000D ueu •030366•• 41.211370545:: 021560095n• .1000000666 .011361790. - _ 1M u:wswwaBpe - 6�761011DA - 10363' y -V qe:M qtl i - - %i si7 fO1D)63i 4216)]Ofi\9 .021560095 - - 8.01036io.4v:2LLYNCH y5.0,2i,5600958`.'.100000037?Ol' =. - .011100481- 011100481- 10362. - , p9 SiPEEi �� NDmnenooven nu oiev5-tusY PAP -- - e sssos-:iva BONBB150iEo NONM O11pOVEfl,NA BIS ZIM ' ��/J� 5}1051.?113 64 ascr6a++S. 643, 6 // v .R4 �r�—�n LL1fiP--�aa°°`uaa fi F rOL0362-a I;2LL37O5451: 024560O958• .100000 2 1394.1-11 u-- 10-ei: tll Kai cl:ecn. 10000 0 0 0 5 0o., , Mg1]M 1,g4l10D wafi3 000366r 1:21&3705451: 02L560095u` 154101' on x010365-' 41:2133705451: •omuw cau8ros6s:: 0esepo9s.• - .100000 L00001, 02 L56O0958` STATEMENT OF ACCOUNT Page: 9 of 9 Statement Period: Jan 20 2009 -Feb 19 2009 Cust Ref #: Primary Account #: 02-1560095 .,:RAYMOND-.A_YIV900. AEiormErBl uw NN 10362. - , p9 SiPEEi �� NDmnenooven nu oiev5-tusY PAP -- - e sssos-:iva BONBB150iEo NONM O11pOVEfl,NA BIS ZIM ' ��/J� 5}1051.?113 BanY3s�r11s // v .R4 �r�—�n LL1fiP--�aa°°`uaa fi F rOL0362-a I;2LL37O5451: 024560O958• .100000 2 1394.1-11 -#10362 2/1.7, 10364 . RAYMOND A. VIVENZIO . BONBB150iEo NONM O11pOVEfl,NA BIS ZIM ' ��/J� 5}1051.?113 OBIE�iYJ- 40 v .R4 �r�—�n LL1fiP--�aa°°`uaa fi 11/ �.Banknwtll . i .i�$.��XI• - - FOX 8`0 10 36 48• .I: 21 13 70 54 51: 0 2 i 5 6009 58' . 10000 0 0 0 5 0o., , RAYMOND A. VfVENZIO 10366 A7nalx�Er p:7Tuw . NDiffqumovatuuu8 / ss>mlzlu 'ov, /1J�,//J��,piYblQ"Y�1��'- . i .i�$.��XI• - - 1 j!'//fOv0000 000366r 1:21&3705451: 02L560095u` 154101' I� Of w > LO o ob Z 4 0 _ �Q cn0-0 i—� 'I L QZ O > Q LL0-0 ' O c cc O 0 Q 6 O M F- r- Z 17.13.1 Waivers. Upon the request of the Al waive dimensional and other requirements of of Section 17. 10, in the interests of design fl( upon a finding of consistency of such variatio the OSGOD, or if it finds that such waiver wi Affordability, mix of uses, and/or physical ch r 17.13.2 Plan Review. An Application for P consistency with the purpose and intent of thi be construed as an as -of -right review and app accordance with the Enabling Laws. 17.13.3 Plan Approval. Plan Approval shall 1. the applicant has submitted the re( the Regulations; and 2. the Project and site plan meet the r, Section 17.0, or a waiver has been gra 3. extraordinary adverse potential iml have been adequately mitigated. 17.13.4 Plan Disapproval. A site plan may 1 that: 1. the HP Fax K 1220xi Last TransactQn ,Date Tim T= Identification Apr 8 1:OOpm Fax Sent 89787942088 Log for NORTH ANDOVER 9786889542 Apr 08 2009 1:O1pm Duration P= Result 1:29 4 OK Dear: Y, Q ZONING BOARD OF APPEALS Community Development Division Date: ,� (_ As you know, the Zoning Board of Appeals granted your pplication for a Variance and/or Special Permit or F Finding for premises at: Q .q -() C�-Y `1 t9 Yl G j " V Your 20 -day appeal period will have passed at midnight on the following date: ' 7 allowing you to begin the following three steps is arting on: e 1. Once the appeal period has passed, please pick up your Town Clerk -certified copy of the Zoning Board of Appeals decision, and your ZBA Board -signed Mylar (if a Mylar was required) from the Town Clerk's office located at 120 Main Street, North Andover, MA 01845 (978-688-9501) 2. Please bring the Town Clerk -certified copy of the decision & the signed Mylar to the Essex North Registry of Deeds, 354 Merrimack Street, Suite #304 Lawrence, [use Entry C) MA 01843 (978-683-2745), as the decision and Mylar must be filed at the Registry of Deeds as soon as possible. 3. Once this is completed, please bring: A. copy of the Town Clerk & Registry —stamped decision, B. a paper copy made from the ZBA Board -signed and & Registry -marked Mylar, & C. the Registry of Deeds receipt to the Building Department, which is located at 1600 Osgood Street, North Andover, MA 01845. Failure to file the decision and Mylar with the Registry of Deeds will result m your inability to exercise your Variance and/or Special Permit and/or Finding due to your inability to obtain a building permit from the Building Department. "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 constriction has commenced, they shall lapse and may be re-established only after notice and a new hearing." If you have any questions, please feel free to call (978-688-9541) or fax (978-688-9542), Monday through Friday, 8:30-4:30. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com TRANSMITTAL OF ARCHITECTURAL DRAWINGS PROJECT/LOCATION: .880 Great Pond Road North Andover, MA 01845 DATE OF DRAWINGS: January 28, 2009 for Plans February 4, 2009 for Elevations LIST OF DRAWINGS: A-1 LOWER LEVEL FLOOR PLAN A-2 MAIN LEVEL FLOOR PLAN A-3 UPPER LEVEL FLOOR PLAN A-4 ROOF PLAN E-1 FRONT & RIGHT ELEVATION E-2 REAR & LEVEL ELEVATION TOTAL NUMBER OF SHEETS: 6 SCALE OF DRAWINGS: 1/8 inch equals one foot FORMAT: 11"x17" PREPARED BY: Salley Associates Registered Architect 38 Boston Road Newbury, MA 01951 978.462.2734 whsgsalleyassociates. com Salley Associates Architects at 38 Boston Rd, Newbury, Massachusetts (MA) • iBegin • Local Directory • United States • Massachusetts • Newbury • Salley Associates Salley Associates 38 Boston Rd, Newbury, Massachusetts 1951 (978) 462-2734 Business Information Name: Address: City: State: ZIP: Phone: Fax: URL: Categories: Nearest Major Intersection: Salley Associates 38 Boston Rd Newbury Massachusetts 1951 (978) 462-2734 n/a n/a Architects Silver Ledge Rd & Boston Rd Own this business? Claim it (why you should claim your business) Location Map & Driving Directions Page 1 of 2 http://www.ibegin.com/directory/us/massachusetts/newbury/salley-associates-38-boston-rd/ 3/6/2009 ZONING BOARD OF APPEALS Community Development Division r FAX TRANSMISSION TO: FROM: Town of North Andover i 1 Zoning Board of Appeals 1600 Osgood Street FAX: 978-688-9542 PHONE: 97$-688-9541 Cover & Pages: q Date: Q Subject: 6 ec I po—n d rpcf Pwcel Remarks: slnee� dPC i si DA '�V-- Ctq.�' )tlons Ploy, Of 1 JA 6�1 PA, p14VM14 11 la A 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 fax 978.688.9541 Web www.townofnorthandover.com Ell 44.: Albert P. Manzi III, Esq. ChaiYman Ellen P. McIntyre, T/ire-Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito Daniel. S. Braese, Esq. Michael P. Uporto Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover, Board of Appeals Town Clerk Time Stamp Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Lecture Hall of the North Andover High School, 430 Osgood Street, North Andover, MA on Thursday, the 19th of March, 2009 at 7:30 PM to all parties interested in 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, MA requesting dimensional Variance from the Watershed Protection District's Non - Disturbance Buffer Zone of the Zoning Bylaw, Section 4, Paragraphs 4.1363.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. Plans are available for review at the office of the Board of Appeals office, 1500 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle -Tribune on March 2 & 9, 2009. Legalnotice 2009-002. M103P111. 1600 Osgood St, Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.corn Fax 978-688-9542 Street: Zoning Bylaw Review Form ,FORTH 103/111 �_•° „6q�0 Town Of North Andover midk Building Department Date: 1-27-09 1600 Osgood Street, Building 20, Suite 2-36 °'e, ** North Andover, MA. 01845 `"u Phone 978-688-9545 Fax 978-688-9542 Street: 880 Great Pond Road Ma /Lot: 103/111 Applicant: NA Great Pond Ltd. Partnership Request: Raze and rebuild a single family dwelling Date: 1-27-09 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonina District: R-1 & Watershed Protection District Remedyfor the above is checked below. Item # S ecial Permits Planning Board Item # Item Notes Setback Variance from Watershed Item Notes A Lot Area Common Driveway Special Permit F Frontage Sign Variance 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Special Permit Non -Conforming Use ZBA 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X zoning 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage NA 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed X j Sign NA 3 Lot prior to 10/24/94 X 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remedyfor the above is checked below. Item # S ecial Permits Planning Board Item # Variance Site Plan Review Special Permit X Setback Variance from Watershed Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Sign Variance Continuing Care Retirement Special Permit Gross Floor Area Variance Independent Elderly Housing Special Permit Special Permits Zoning Board Large Estate Condo Special Permit Special Permit Non -Conforming Use ZBA Planned Development District Special Permit Earth Removal Special Permit ZBA Planned Residential Special Permit Special Permit Use not Listed but Similar. R-6 Density Special Permit Special Permit for 2 NIJ Unit B_4 Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled `Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the ab ov ile.'You must file a new building permit application form and begin the permitting process. Building Department Official Signature Application Received App ication enied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Reasons for Denial & Bylaw Reference Form Item. Reference - B-4 & D-2 All properties located in the Watershed Protection District require a Watershed Special Permit through the Planning Board per Section 4.136 of the Zoning Bylaw. D-2 A Variance from 4.136.c.ii.3 is required from the Zoning Board of Appeals in order to construct a new permanent structure in the Non -Disturbance Buffer Zone. Also, Conservation has noted that the site will need an Order of Conditions from the North Andover Conservation Commission. Referred To: Fire Health Police X Zoning Board. of Appeals X Conservation Department of Public Works X Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 C4 itOR T1, A� , h i * i„ aar3...�. „ ♦ . 9SSACN TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS NAME: NA Great Pond Limited Partnershi] ADDRESS OF APPEAL: 880 Great Pond Road 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 Board of an aDDlication 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 bythe -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 I ited 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). 4 C I-IV D 2690 FEB 12 Pill 2• Tr 3 i E �f Town Cle`rklm rtmp, tr t 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 filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1.) original and ten (10) Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 384 Office to be certified by the Town Clerk with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and date of filing. The original will be left at the Town Clerk's shall complete the Certification of Recording form and Office, and the 10 Xerox copies will be left with.the forward it to the Zoning Board of Appeals and to the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-6W k tnr _Board of Appeals office FEB 12 2009 (j ,Ill, BOARD OF APPEALS North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all sterns 1 10`below- . 1. Petitioner: *Name, *Address and telephone number: NA Great Pond Limited Partnership, A Mass. Limited 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 Great Pond Limited Partnership, 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: R1 b. Assessors: Map number: 10 3.0 Lot Number: 0111 c. Registry of Deeds: Book Number: Cert. No. 14456Page Number: 4., Zoning. Bylaw Section(s)* under which the petition for the Variance is made. 4.136 (3) (c) (ii) (3) *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 A.pprox 20% sma11er footprint dwelling than allowed in Petition No. 2007-014. CONTINUED BELOW 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: 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 % 5.(CONTINUED) Variances requested are--from-the 250' foot horizontal .dimension of the Non -Disturbance Buffer Zone from the annual mean highwater mark of Lake Cochichewick, relief of 50' feet from the setback requirement of the zone's 100' foot buffer zone and 15' feet from the Non -Disturbance Zone in order to raze and reconstruct a single-family dwelling. Page 3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage 2.4 acres 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage N/A Frontage Parking Minimum Lot Setback Feet Spaces Front . Side A Side B Rear 309.21 Frontage Parking Minimum Lot Setback Feet Spaces Front Side A Side B Rear 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 N/A N/A 175 2 30 30. 30 30 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" 3,627± 2 31.625'` 5,170± 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 application as incomplete. Type above name(s) here: ATTY. RAYMOND A.\MN210 NORTH ANDOVER, RRA 01845 PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F; are required to be addressed with this application. A. B. C. ED E. 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. 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. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts 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 Conseryation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: 1) five (5) or more parking spaces, II) three (3) or more dwelling. units, Ell) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 1 OC features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: VARIANCE 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1"=40' I)) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. IIn Pian shall be prepared, stamped and certified by a Registered. Professional Land Surveyor. Please note that plans bya 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. . 11) 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 planinformation 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" for the cost of first class, certified, return receipt 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 x the # of parties of interest on the abutter's list for the decision mailing. 111.13. 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. G. Applicant shall provide a check or money order to: "Town of North Andover" per 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted..4 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 single- family dwelling. PROPERTY: 880 Great Pond Road North Andover, MA 01845 The applicant seeks to raze the present dwelling and construct a new, single- family 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." 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 maybe 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. Variances requested are identical to those obtained in the previous application (Petition No. 2007-014). They include variances from the 250'foot horizontal dimension of the Non -Disturbance Buffer Zone from the annual mean high water mark of Lake Cochichewick, and for relief of 50' feet from the setback requirement of the Non - Disturbance Zone's 100' foot buffer zone and 15' feet from the Non -Disturbance Zone in order to raze and reconstruct a single-family dwelling. ;w S c Q Z S O a u� CD cm C4 � N w "l7G{ O U flea, m (L '2 '2 ami Q R. sc W o N U CD o ao tb,�o o D m O vm O< P : j P i � P F: U � � C 4i� a. a 0 z o O 4 T cLL O � z O J T W O V cm Q CL J� W U m Q 3 IL o P Z� O OW aZ O A 2N o0 M LL y ZP C 0co) gg v 0 x z Z m E P U p O V o � C m T CD C2 z m v y CD Cwt 0 e CL a t 0 F- 1L -o4 a Z Fc x lu W D QZN F a LU fox!LU : e t: O 2U F pZ L� z a F- N OZ Mo F- OJW �a E.z �Ix ..EO i Ve W DD - a�2', Za-Dom a T N O O CL We N� m .N T 4- 0 T m 0) cc a N Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A, Section 11 states in part "Parties In Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent cpplicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Sublect Property: MAP PARCEL Name Address 103 111 Robert Ercolini 880 Great Pond Road Abutters Properties , Map Parcel Nam 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 37 Phillpe Muller 103 38 Robert Ayer 103 112 Ronald McCluskey 103 113 Michael Bata[ 103 117 OleksandrStupnyskyi Lake Cochichewick Mass Enviromental North Andover, MA 01845 Address J19 Great Pond Road North Andover, MA 01845 V,0414 Yh 905 Great Pond Road 3'� j�(q North Andover, MA 01845 X865 Great Pond Road North Andover, MA 01845 t.-8tl4 Great Pond Road North Andover, MA 01845 \J'40 Great Pond Road North Andover, MA 01845 ,,fYSP8 Great Pond Road North Andover, MA 01845 L,41 Great Pond Road North Andover, MA 01845 L,29 South Bradford Street North Andover, MA 01845 4870 Great Pond Road North Andover, MA 01845 x634 Great Pond Road North Andover, MA 01845 1,8'55 Great Pond Road North Andover, MA 01845 tX00 Cambridge Street Boston, MA 02202 This certifies that the names appearing on the records of the Assessors Office as of Certified DatecJ Date 2/2/2009 Page 1 of 1 Town of North Andover http://maps.mvpc.org/NorthAndovermimapNiewer.aspx Page 1 of 1 Selection 11 Legend 11 Location 11 Markup Select IF Parcels II7 _ �r- (show all) (- Address 880 GREAT POND ROAD Owner jAddress Lot Size 2.4 sq. ft. NA GREAT POND LIMITED PARTNER 880 GREAT POND ROAD Land Use 101 1 selected To Mailing Labels To Spreadsheet 2/23/2009 Print Ownerl NA GREAT POND LIMITED PARTNER Owner2 C/O ROBERT ERCOLINI Address 880 GREAT POND ROAD Map/Lot 103.0-0111-0000.0 Lot Size 2.4 sq. ft. Fiscal Year 2007 Land Use 101 Code Last Sale 5/14/2004 12:00:00 AM 2/23/2009