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Town of North AndoV'Wer Town Clerk Time Stamp
Community Development and Services Division
Office of the Zoning Board of Appeals RECEIVED
''• 400 Osgood Street TOWN CLERK'S OFFICE
North Andover, Massachusetts 01845
Raymond Santilli, 205 SSP 27 PM 4� 19
Interim Community Telephone (978) 688-9541
Development Director Fax (978) 688-9542 TOWN OF
NQRTI� ANDOVER
MASS CHUSET«S
Any appeal shall be filed within Notice of Decision
(20) days after the date of filing Year 2005
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
40A, §17 Proat: 885 Forest Street
NAME: Jane L. Running & Per Arne Oines HEARING(S): September 13, 2005
ADDRESS: 885 Forest Street PETITION: 2005-026
North Andover, MA 01845 TYPING DATE: September 21, 2005
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street, North Andover, MA on Tuesday, September 13, 2005 at 7:30 PM upon the
application of Jane L. Running & Per Arne Oines, 885 Forest Street, North Andover requesting a
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the west side
setback in order to build a proposed addition, and for a Special Permit from Section 9, Paragraph 9.2 of the
Zoning Bylaw in order to extend an existing, conforming structure on a pre-existing, non -conforming lot. Said
premises affected is property with frontage on the South side of Forest Street within the R-1 zoning district.
Legal notices were sent to all abutters and published in the Eagle -Tribune on August 22 & 29, 2005.
The following members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R
Webster, and Thomas D. Ippolito.
The following non-voting member was present: Daniel S. Braese.
Upon a motion by Richard J. Byers and 2nd by David R Webster, the Board voted to GRANT a dimensional
Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 10.8' from the west side
setback in order to construct a proposed addition; and upon a motion by Richard J. Byers and 2°d by David R.
Webster, the Board voted to GRANT a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in
order to allow the extension of an existing, conforming structure on a pre-existing, non -conforming lot per
Certified Plot Plan, 885 Forest Street, North Andover MA., Assessors Map 105.1) Parcel 10, Prepared for Jane
Running, 885 Forest Street, North Andover, Ma., August 10, 2005 [by] David Alves, Professional Land
Surveyor, #45454, New England Engineering Services, Inc., 60 Beechwood Drive, North Andover, MA 01845
and Proposed Renovations, Omes Residence, 885 Forest Street, North Andover, MA, 8.2005. [9 sheets], with
the following condition:
1. The proposed addition shall be less than the existing 331structure.
Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R Webster, and Thomas D.
Ippolito.
The Board finds that owing to circumstances relating to the soil conditions, shape, or topography of 885 Forest
Street, especially affecting this land and the residential structure and septic system placement on the lot but not
affecting the zoning district in general. The Board finds that a literal enforcement of the provisions of Section
7, Paragraph 7.3 and Table 2 will involve substantial hardship, financial or otherwise, to the applicants by not
allowing Jane Running's father to live on the first floor, and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or substantially derogating from the intent or
purpose of the North Andover Zoning Bylaw because the use will remain as a single family dwelling and there
will be a greater separation than 50' from the west side abutting structure.
Page 1 of 2
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North`Andover Town Clerk Time Stamp
Community Development and Services Division
Office of the Zoning Board of Appeals R
400 Osgood Street pp T t 4 LERK'$ Q ECCE
►
Raymond Santilli, North Andover, Massachusetts 01845 Interim Community Telephone (978) 688-9541 Z0BS SEP 27 PM4 2 19
Development Director Fax (978) 688-9542
TOWN OF
MASSACHUSETTS
Also, the Board finds that the applicants have satisfied the provisions of Section 9, Paragraph 9.1 of the zoning
bylaw and that this specific site is an appropriate location for this alteration and extension. The Board finds that
the east and west side abutters both stated during the hearing that they have reviewed the plans and support the
applicants, and that the use as developed will not adversely affect the neighborhood. The Board finds that there
will be no nuisance or serious hazard to vehicles or pedestrians. The Board finds that the Title 5 Official
Inspection Form shows that the septic system passed inspection on 5-7-05 and that adequate and appropriate
facilities will be provided for the proper operation of the proposed addition. The Board finds that this proposed
addition to a single-family residence is in harmony with the general purpose and intent of the Bylaw and shall
not be substantially more detrimental than the existing structure to the neighborhood.
Note: 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 Building
Commissioner.
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.
Town of North Andover
Board of Appeals,
�) i 1A ) P �#Ij 0
E en P. McIntyre, Chair
Decision 2005-026.
M105.DP10.
Page 2 of 2
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
zBA 230
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Date .... ,1 ... .:,��..-0.7
TOWN OF NORTH ANDOVER
RECEIPT
This certifies that .. �.( .-.Arne,-.0'
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Received by
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WHITE: Applicant CANARY: Department PINK: Treasurer
.�D
No.: a60-" Date
"�`'.. '° ry° TOWN OF NORTH ANDOVER
a BUILDING DEPARTMENT
���_�*•o''�t Building/Frame Permit Fee $
/ Foundation Permit Fee $
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D. Robert Nicetta
Building Commissioner
Town of North Andover
Town Clerk Time Stamp
Community Development and Services Division RECEIVED
Office of the Zoning Board of Appeals TOF Ui Or r"iC
400 Osgood Street
North Andover, Massachusetts 01845 2005 AUG 18 Ali 8: 54
Telephone (978) 688-9541
Fax (978) 688-9542
Legal Notice
North Andover, Board of Appeals
{OWN OF
NORTH ANDOVER
I,
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on
Tuesday the 13`' of September, 2005 at 7:30 PM to all parties interested in the appeal of
Jane L. Running & Per Arne Oines, 885 Forest Street, North Andover requesting a
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for
relief of the east side setback in order to build a proposed addition, and for a Special
Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend an existing,
conforming structure on a pre-existing, non -conforming lot.
Said premises affected is property with frontage on the South side of Forest Street
within the R-1 zoning district.
Plans are available for review at the office of the Building Department, 400 Osgood
Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM.
By order of the Board of Appeals
Ellen P. McIntyre, Chair
Published in the Eagle -Tribune on August 22 & 29, 2005.
Legalnotice 2005-026.
M105.DP10.
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Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Zoning Board of Appeals
North Andover
Hearing No.: ZBA-2005-0044 Date: August 11, 2005
APPLICATION TYPE: SUBMISSION DATE:
Variance & Special Permit Thu Aug 11, 2005
Applicant's Name:
NAME:
ONES, PER-ARNE & JANE L RUNNING
ADDRESS:
885 FOREST STREET
SITE ZONING:
TOWN:
NORTH ANDOVER
STATE:
MA
ZIP CODE:
01845
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
NORTH ANDOVER, MA
Site Information:
Owner's Name:
NAME:
OINES, PER ARNE & JANE L RUNNING
ADDRESS:
885 FOREST STREET
SITE ZONING:
TOWN:
NORTH ANDOVER
STATE:
MA
I ZIP CODE:
01845
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
NORTH ANDOVER, MA
Work Location.:
MAILING DATE:
SITE ZONING:
885 FOREST STREET
APPEAL DATE:
R-1
TOWN:
SECTION OF BYLAW:
NORTH ANDOVER, MA
01845
HEARING DEADLINE DATE:
GIS #
MAP:
BLOCK
LOT:
ACTION TAKEN:
6491
1 105.D
1 0010
I
HEARING DATE:
Reason for filing:
dimensional Var from 7.3 and Table 2 for relief of east side setback in order to build a proposed addition; S P from 9.2 of the Zoning Bylaw
in order to extend a pre-existing, non -conforming structure on a preexisting, non -conforming lot
HARDSHIP.
Awl Ifille-T3
COULD NOT DEROGATE BECAUSE
FILING DEADLINE:
MAILING DATE:
HEARING CONTINUED DATE:
DECISION DRAFT BY:
APPEAL DATE:
Tue Aug16, 2005
Wed Sep 07, 2005
REFERRALS IN DATE:
HEARING DEADLINE DATE:
HEARING CLOSE DATE:
FINAL SIGNING BY:
APPEAL DEADLINE:
Mon Aug 29, 2005
Sat Oct 15, 2005
FIRST ADVERTISING DATE:
HEARING DATE:
VOTING DATE:
DECISION DATE:
Mon Aug 29, 2005
Tue Sep 13, 2005
SECOND ADVERTISING DATE:
HEARING TIME:
1
VOTING DEADLINE:
DECISION DEADLINE:
Mon Sep 05, 2005
1 Sat Nov 19, 2005
Sat Nov 19, 2005
MEMBERS PRESENT: VOTE:
MINUTES OF MEETING:
GeoTMS®1998 Des Lauriers & Associates, Inc.
Gq! North County Registry of «W5
381 Common Street
Lawrence! Massachusetts 01840
10/19105
ANE RUNNING
K@
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Type . +.m
mC 40107
C & 20,00
RG &m
# 9R g
6@e 202 +.m
DOG 40108
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Total 150.00
# Q papant Check
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Register of WRs
1500)
TOWN OF NORTH ANDOVER
VARIANCE =Qe`o °T °�
ZONING BOARD OF APPEALS
>F
* k
FRSs"CHU
NAME:
ADDRESS OF APPEAL:
CD
Procedure & Requirements
for an Application fora Variance
Ten (VO)—oopkes of the following information must be
submitted thirty (30) days prior to the first public hearing.
Failure to submit the required information within the
time periods prescribed may result in a dismissal by the
Zoning Board of an application as incomplete.
The information herein is an abstract of more
specific requirements listed in the Zoning Board
Rules and Regulations and is not meant to
supersede them. The petitioner will complete items
that are underlined
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a Permit Denial form completed by the
Building Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Variance. All information as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in section 10, page 4 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests from the Assessors Office a
certified list of Parties in Interest (abutters).
STEPS: SUBMIT APPLICATION:
Petitioner submits one (1) original and 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 the
Zoning Board of Appeals secretary.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev & Services
27 Charles Street, North Andover, MA
01845
978-688-9542 fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
NE C N � W N PAGE 1of4
AUG 11 2005
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 publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the. Board shall decide on the matter by using
the information it has otherwise receive.
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 sec. 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 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 the Building Department.
978-688-9501 Town Clerk's Office
978-688-9566 Assessor's Office
Page 2 of 4
Application for a VARIAN C E
'� s.. ',s. � '�� �.. �" � � °"t`=max ��:^� ,�-_�'a'.�s"`�"`�-�� ��,s�a-� ���+,�$ �•`•'7� k-:^�`"�'..- .�„'.5`:,"ar�i���..e'�e�`
Zoning Board of Appeals
1. Petitioner: Name, address and telephone number:
a Htie 4, 2v,v A11'V U s Tz Cp, �- 2 A) E
- c��.�f--- _ _ �; �� �S= f -_ =-57- t�� � -�-- --- -- -,1� c9-r�� - - = �=ti-1 cam- _��=;� � --_ =-y►•,-r�#--- =={�-�-��" . - _ . _ : - -
'The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Years Owned Land: 1(0 v
3. Location of Property:
a. Street: f t 5 � v��T StZoning District 9-/
b. Assessors: Map number ;a sD) Lot Number: to
c. Registry of Deeds: Book Number o 29-1 o Page Number: 60
4. Zoning Sections under which the petition for the Variance is made.
'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
�EDucIlk 5,A/ 1N A I & H 7 p=-(20All iso)` 12Fa,)1
7-1-:3 1q. 2.
'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in
i 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.
ia, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current
_oning By -Law Requirements. (A and B are in the case of a lot split)
.ot Area Open Space Percent Lot Frontage: Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
%
Page 3 of 4
6. b. Existing Lot:
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
Application for a VARIANCE
Zoning Board of Appeals
Frontage Parking * Minimum Lot set Back
. Feet Spaces Front Side A Side B Rear
c. Proposed Lot (S):
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft.= ' Sq. Ft. Coverage Feet Spaces Front
X13 70 9 — — Bio 1'50 l iv,
d. Required Lot: (As required by Zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front
S 7 t :2o % 1'75
7. a. Existing Buildings:
Ground Floor Number of Total
Square feet Floors Sq. feet
15S P z, 2, 5' 7 0
Use of
Building*
Minimum Lot set Back'
Side A Side B Rear
So./ 17.2 1&6.7
Minimum Lot set Back *
Side A Side:B Rear
30 30 30
f
*Reference Uses from the Zoning By -Law. State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total E Use of
Square feet Floors Sq. feet Building*
9) a y z �� ya r-� Esi��n� �` �v�G`Li rQ C-,
—d—�—= � �LLs� �/ ►��P� i=- �LuI�EA� `�. (3 � � ,��tl 1� �t'D�y��
'Reference Uses from the Zoning By -Law. State number of units in building
6. Petitioner and Landowner signature (s):
Every application for a ance 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 CledOs Wf=ice It shall be the ponsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this
applicatiClefor
eived by the Town Clerk or he Zonin Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
responsall expenses for filing an a etifieati Failure comply with application requirements, as cited herein and in the Zoning Board Rules and
Regulatiay result in a dismi the Zoning Board of is appl ation as incomplete.
SinnntijrP �! _ QA ^
Type above name (s) here )r�jF //7/, (77); 4)
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. Each point, A -F individually, is 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. 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.
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 or more parking spaces,
II) three (3) or more dwelling units,
III) 2000 square feet of building area.
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information.
VARIANCE
*10. B. *Plan Specifications:
1) Size of plan: Ten (10 ) paper copies of a plan
not to exceed 11"x17", preferred scale of 1"=40'
11) One (1) Mylar.
III) Plan prepared by a Registered Professional
Engineer and/or Land Surveyor, with a block for
five (5) ZBA signatures and date indicated on the
Mylar.
*10 C. *Features To Be Indicated 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.
ED Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and designer or
surveyor.
10 D. Minor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisks (*). In some cases further information may
be required
11. APPLICATION FILING FEES
A. Notification fees: Applicant shall provide a
check or money order to: "Town of North Andover -
#022-1760-4841 ° for the cost of first class, certified,
return receipt ($4.42 as of November 2003) 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 37¢) x the # of parties of interest on the
abutter's list for the decision mailing.
B. Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than 1"x2-5/8" (3 copies
for the Legal mailing and one copy for the Decision
mailing).
C. Administrative fee of $50.00 per application.
► ► A Variance once granted by the ZBA will lapse
in 1 (one) year if not exercised and a new petition
must be submitted.•
"o Zoning Bylaw Denial
Town Of North Andover Building Department
it Osgood
St. North Andover, MA. 01845
Phone 87888888414 Fax 978488-9642
14PILor
licant:
Re quest:
Date:
Pease be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
zoning /-,—/
Item
Notes
Site Plan Review Special Permit C - -/
Item
Notes
A
Lot Area
Lot Area Variance
F
Frontage
Congregate Housing Special Permit
1
Lot area Insufficient
Special Permits Zoning Board
1
Fronts a Insufficient
I Large Estate Cordo Special Permit
3
Lot Area Pree)dsting
Lot Area Complies
Special Permit Use not Listed but Similar
2
3
Frontage Complies
Preexisting frontage
I R-6 Density Special Permit ;3
-Special
Special Permit preexisting nonconformin
Insufficient information
4
Insufficient Information
Use
5
No access over Frontage
1
Allowed
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
Special Permit Required
y s
2
3
Complies
Preexisting C9A
Insufficient Information
4
Insufficient Information
Setback
H
Building Height
jf
All setbacks com
1
Height Maximum
2
Front Insufficient
2
Complies
3
Left Side Insufficient
3
Preexisting Height
Right Side Insufficient
i( e f>
4
Insufficient Information
Rear Insufficient
I
Building Coverage
6
Preexisting setbacks
1
Coverage exceeds maximum
Insufficient Information
2
Coverage Complies
Watershed
3
Coverage Preexisting
t
Not in Watershed
e -5
4
Insufficient Information
In Watershed
J
sign
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Si n Com lies
S
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
,4
In District review required
1
More Parking Required
Not in district
-ca
2
Parksng Complies
Insufficient Information
3
Insufficient Information
4
Pre-existing Parkin
11
r7enMeriV fir N.a siva ie wi�awlrad i�alnw
Item 0 Special Permits Planning Board Item #r
Variance
Site Plan Review Special Permit C - -/
Setback Variance
Access other than Frontage Special Permit
Parldng Variance
Frontage Exception Lot Special Permit
Lot Area Variance
Common Drivevra Special Permit
Height Variance
Congregate Housing Special Permit
Variance for Sign
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Independent EJderiy Housing Special Permit
Special Permit Non -Conforming Use ZBA
I Large Estate Cordo Special Permit
Earth Removal Special Permit ZBA
Planned Development District Special Permit
Special Permit Use not Listed but Similar
I Planned Residential Special Permit
Permit for Sign
I R-6 Density Special Permit ;3
-Special
Special Permit preexisting nonconformin
Watershed Special Permit
The above review and d aoplariabon of such is based on the plans and information sul No definitive review and
of advice shall be basad on verbal eoanatiorrs by the ap*w t nor shall such verbal alo n ho w by the appYoard serve to
provide defirtitiva arwwars to the above reasons for DENIAL. Any. inaccuracies, misleading WiMmOl or other subsequent
ctnnges to the Information suWAod by ft apptica tahell be grounds for thfa review to be voided at the discretion of the
Building Departrnent. The attached doowrrart Ned'Phn Review Narative' shall be aftachad hereto and ff=Porl herein
by reference. The building derfrnsnt will retel ant plena and dmurt►erwation for the above ftie. You must f119 a new building
pprrrrt appkMon form and begin the perwAng proem.
A�ecc/�"# rc-t.— 3 C' 5- 5
Wilding Department Signature Application Received Application Denied
Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
nwiwwisA Ti.•
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BUILDING DEPT
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--Fire
Health
Police
`74 Zoning Board
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
y
NEW ENGLAND ENGINEERING SERVICES
lk I INC
August 11, 2005
North Andover Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: 885 Forest Street Road, North Andover
Variance application
Dear Chairman:
Please accept this letter as a memorandum in support of the request for a variance for the
above referenced property. The particular supporting information as required by the
application is outlined below.
A. The particular use proposed for the land or structure.
The proposed use for the proposed structure is as a single family dwelling.
B. The circumstances relating to soil .... which do not affect generally the zoning
district in which the property is located.
The property as it exists has a subsurface sewage disposal system located to the
immediate rear of the dwelling. The location of this subsurface sewage disposal system
precludes the addition of new dwelling space to the rear of the existing structure. The
aesthetic integrity of the neighborhood precludes having an addition extend out from the
front of the dwelling.
C. Facts which make up the substantial hardship, financial or otherwise, which
would result from literal enforcement of the applicable zoning restrictions with
respect to the land or the buildings for which the variance is sought.
Jane Running's Father was living with Jane's Sister who has passed away. Jane's Father
needs to live with someone for care. The addition is needed to accommodate Jane's
father. The addition needs to be on the first level.
D. Facts relied upon to support a fording that relief sought will be desired and
without substantial detriment to the public good.
The property is located in a single family residential zone. The use will remain as a single
family dwelling. The addition is located a large distance from the structure on the
adjacent property and will not be detrimental to that structure or the neighborhood in .
general.
60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
E. 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.
The intent and purpose of the bylaw is to protect the inhabitants of the town and the
properties within the town. Since the property is residential and the neighborhood is
residential there will be no degradation of the neighborhood which is consistent with the
purpose and intent of the bylaw.
- -- - -
of pp ica le.
I will be at your next meeting to make a presentation to the board and to discuss this
matter.
Sincerely,
Benjamin C. Osgood,r., P.E.
President
Abutter to Abutter ( x ) Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
— —'- — - _.-______—board_of.the-city or town, and the planning_board-0fevery_abutUng.city_or_town" - -- — -
Sublect Prove
MAP
PARCEL
Name
Address
105.D
10
Per-Ame Oines
885 Forest Street
North Andover, MA 01845
Abutters Properties
Map
Parcel
Name
Address
105.D
16
John Longueil
926 Forest Street
North Andover, MA 01845
105.D
36
Jane Watson, Trustee
876 Forest Street
North Andover, MA 01845
105.D
58
Darlene Fleishman
981 Forest Street
North Andover, MA 01845
105.D
74
Leonard Dubois
975 Forest Street
North Andover, MA 01845
105.D
75
Simonne Dolfe
925 Forest Street
North Andover, MA 01845
105.D
76
Jane Watson, Trustee
876 Forest Street
North Andover, MA 01845
105.0
77
Daniel Ryan
871 Forest Street
North Andover, MA 01845
105.D
78
Himanshu Bhatnagar
171 Laconia Circle
North Andover, MA 01845
105.D
131
Peter Simonson
895 Forest Street
North Andover, MA 01845
105.D
132
Robert Davis
163 Laconia Circle
North Andover, MA 01845
105.D
133
Jagdish Garg
155 Laconia Circle
North Andover, MA 01845
105.D
134
Richard Sarro
44 Equestrian Drive
North Andover, MA 01845
Page 1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
(/I av
Certif'ed b " Date
-- 1
o
0
------ ._�._ _............. ...................... __..._.... .... __._......._....._.
ZO "d OT: ST S0, 8T 09 ldnOD3w
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
ISI
Commonwealth of Massachusetts
Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
Inspection results must be submitted on this form or on the official Title 5 Inspection Form dated
6/1512000. Inspection forms may not be altered in any way.
A. Certification
1. Property Information:
885 Forest St N. Andover
Property Address
Per Oines
Owner's Name
885 Forest St
Owners Address
N. Andover
Cityrrown
Date of Inspection:
2. Inspector:
N. Timothy White
Name of Inspector
Homepro Northshore
Company Name
P.O. Box 101
Company Address
ROWLEY
City/Town
1-978-948-8428
Telephone Number
Ma
State
5-7-05
Date
Ma
State
01845
Zip Code
01969
Zip Code
Certification Statement:
I certify that 1 have personally inspected the sewage disposal system at this address and that the
information reported below is true, accurate and complete as of the time of the inspection. The inspection
was performed based on my training and experience in the proper function and maintenance of on site
sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of
Title 5 (310 CMR 15.000). The system:
Z Passes ❑ Conditionally Passes ❑ Fails
❑ Needs Further Evaluation by the Local Approving Authority
— i 9
Inspectors Signature� i
5-7-05
Date
The system inspector shall submit a copy of this inspection report to the Approving Authority (Board
of Health or DEP) within 30 days of completing this inspection. If the system is a shared system or
has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the
report to the appropriate regional office of the DEP. The original should be sent to the system owner
and copies sent to the buyer, if applicable, and the approving authority. -
****This report only describes conditions at the time of inspection and under the conditions of use
at that time. This inspection does not address how the system will perform in the future under
the same or different conditions of use.
t5insp.doc • 11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 1 of 16
Commonwealth of Massachusetts
Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
A. Certification (cont.)
885 Forest St
Property Address
N. Andover
Cityrrown
Per Oines
Owner's Name
Ma
State
5-7-05
Date of Inspection
Inspection Summary: Check A,B,C,D or E / always complete all of Section D
A) System Passes:
01845
Zip Code
® I have not found any information which indicates that any of the failure criteria described
in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are
indicated below.
Comments:
B) System Conditionally Passes:
❑ One or more system components as described in the "Conditional Pass" section need to be
replaced or repaired. The system, upon completion of the replacement or repair, as approved by
the Board of Health, will pass.
Answer yes, no or not determined (Y, N, ND) in the ❑ for the following statements. If "not
determined," please explain.
❑ The septic tank is metal and over 20 years old* or the septic tank (whether metal or not) is
structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent.
System will pass inspection if the existing tank is replaced with a complying septic tank as
approved by the Board of Health.
* A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate
of Compliance indicating that the tank is less than 20 years old is available.
ND Explain:
N/A
t5insp.doc • 11/2004
Tale 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 2of16
Commonwealth of Massachusetts
. Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
A. Certification (cont.)
885 Forest St
Property Address
N. Andover Ma 01845
City/Town State Zip Code
Per Oines 5-7-05
Owner's Name Date of Inspection
B) System Conditionally Passes (cont.):
❑ Observation of sewage backup or break out or high static water level in the distribution box due
to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box. System will
pass inspection if (with approval of Board of Health):
❑ broken pipe(s) are replaced
❑ obstruction is removed
❑ distribution box is leveled or replaced
ND Explain:
NA
❑ The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The
system will pass inspection if (with approval of the Board of Health):
❑ broken pipe(s) are replaced
❑ obstruction is removed
ND Explain:
NA
C) Further Evaluation is Required by the Board of Health:
❑ Conditions exist which require further evaluation by the Board of Health in order to determine if
the system is failing to protect public health, safety or the environment.
1. System will pass unless Board of Health determines in accordance with 310 CMR
15.303(1)(b) that the system is not functioning in a manner which will protect public health,
safety and the environment:
❑ Cesspool or privy is within 50 feet of a surface water
❑ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh
t5insp.doc • 11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 3 of 16
Commonwealth of Massachusetts
ID Title 5 Official Inspection Form
° Not for Voluntary Assessments
,.= Subsurface Sewage Disposal System Form
M
A. Certification (cont.)
885 Forest St
Property Address
N. Andover
City/Town
Per Clines
Owner's Name
Ma
State
5-7-05
Date of Inspection
C) Further Evaluation is Required by the Board of Health (cont.):
01845
Zip Code
2. System will fail unless the Board of Health (and Public Water Supplier, if any)
determines that the system is functioning in a manner that protects the public health,
safety and environment:
❑ The system has a septic tank and soil absorption system (SAS) and the SAS is within
100 feet of a surface water supply or tributary to a surface water supply.
❑ The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water
supply.
❑ The system has a septic tank and SAS and the SAS is within 50 feet of a private water
supply well.
❑ The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or
more from a private water supply well**.
Method used to determine distance:
NA
** This system passes if the well water analysis, performed at a DEP certified laboratory, for
coliform bacteria and volatile organic compounds indicates that the well is free from pollution from
that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5
ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached
to this form.
3. Other:
t5insp.doc • 11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 4 of 16
Commonwealth of Massachusetts
Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
A. Certification (cont.)
885 Forest St
Property Address
Yes No
N. Andover
Ma 01845
City/Town
State ZipCode
Per Oines
5-7-05
Owner's Name
Date of Inspection
D) System Failure Criteria Applicable to All Systems:
You must indicate "Yes" or "No" to each of the following for all inspections:
Yes No
❑ ®
Backup of sewage into facility or system component due to overloaded or
clogged SAS or cesspool
❑ ®
Discharge or ponding of effluent to the surface of the ground or surface waters
due to an overloaded or clogged SAS or cesspool
❑ ®
Static liquid level in the distribution box above outlet invert due to an overloaded
or clogged SAS or cesspool
❑ ®
Liquid depth in cesspool is less than 6" below invert or available volume is less
than Y;2 day flow
®
Required pumping more than 4 times in the last year NOT due to clogged or
obstructed pipe(s). Number of times pumped:
❑ ®
Any portion of the SAS, cesspool or privy is below high ground water elevation.
❑ ®
Any portion of cesspool or privy is within 100 feet of a surface water supply or
tributary to a surface water supply.
❑ ®
Any portion of a cesspool or privy is within a Zone 1 of a public well.
❑ Z
Any portion of a cesspool or privy is within 50 feet of a private water supply well.
❑ ®
Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet
from a private water supply well with no acceptable water quality analysis. [This
system passes if the well water analysis, performed at a DFP certified
laboratory, for coliform bacteria and volatile organic compounds
indicates that the well is free from pollution from that facility and the
presence of ammonia nitrogen and nitrate nitrogen is equal to or less
than 5 ppm, provided that no other failure criteria are triggered. A copy of
the analysis must be attached to this form.]
Yes No
❑ ®
The system fails. I have determined that one or more of the above failure
criteria exist as described in 310 CMR 15.303, therefore the system fails. The
system owner should contact the Board of Health to determine what will be
necessary to correct the failure.
t5insp.doc -11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 5 of 16
Commonwealth of Massachusetts
Title 5 official Inspection Form
° Not for Voluntary Assessments
ef Subsurface Sewage Disposal System Form
M
A. Certification (cont.)
885 Forest St
Property Address
N. Andover
City/Town
Per Oines
Owner's Name
Ma
State
5-7-05
Date of Inspection
01845
Zip Code
E) Large Systems: To be considered a large system the system must serve a facility with a
design flow of 10,000 gpd to 15,000 gpd.
For large systems; you must indicate either "yes" or "no" to each of the following, in addition to the
questions in Section D.
YES NO
❑ ❑ the system is within 400 feet of a surface drinking water supply
❑ ❑ the system is within 200 feet of a tributary to a surface drinking water supply
❑ ❑ the system is located in a nitrogen sensitive area (Interim Wellhead Protection
Area — IWPA) or a mapped Zone II of a public water supply well
If you have answered "yes" to any question in Section E the system is considered a significant threat,
or answered "yes" in Section D above the large system has failed. The owner or operator of any large
system considered a significant threat under Section E or failed under Section D shall upgrade the
system in accordance with 310 CMR 15.304. The system owner should contact the appropriate
regional office of the Department.
t5insp.doc - 11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 6 of 16
Commonwealth of Massachusetts
Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
B. Checklist
885 Fortest St
Property Address
N. Andover
Ma
01845
City/Town State Zip Code
Per Oines 5-7-05
Owner's Name Date of Inspection
Check if the following have been done. You must indicate "yes" or "no" as to each of the following:
YES NO
® ❑
Pumping information was provided by the owner, occupant, or Board of Health
El ®
Were any of the system components pumped out in the previous two weeks?
® ❑
Has the system received normal flows in the previous two week period?
❑ ®
Have large volumes of water been introduced to the system recently or as part of
this inspection?
® ❑
Were as built plans of the system obtained and examined? (If they were not
available note as N/A)
® ❑
Was the facility or dwelling inspected for signs of sewage back up?
® ❑
Was the site inspected for signs of break out?
® ❑
Were all system components, excluding the SAS, located on site?
®, ❑
Were the septic tank manholes uncovered, opened, and the interior of the tank
inspected for the condition of the baffles or tees, material of construction,
dimensions, depth of liquid, depth of sludge and depth of scum?
® ❑
Was the facility owner (and occupants if different from owner) provided with
information on the proper maintenance of subsurface sewage disposal systems?
The size and location of the Soil Absorption System (SAS) on the site has
been determined based on:
® ❑ Existing information. For example, a plan at the Board of Health.
® ❑ Determined in the field (if any of the failure criteria related to Part C is at issue
approximation of distance is unacceptable) [310 CMR 15.302(3)(b)]
t5insp.doc • 11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 7 of 16
Commonwealth of Massachusetts
Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
C. System Information
885 Forest St
Property Address
N. Andover Ma 01845
City/Town State Zip Code
Per Oines 5-7-05
Owner's Name Date of Inspection
Residential Flow Conditions:
Number of bedrooms (design): 4 Number of bedrooms (actual):
DESIGN flow based on 310 CMR 15.203 (for example: 110 gpd x # of bedrooms):
Number of current residents:
Does residence have a garbage grinder?
Is laundry on a separate sewage system? [if yes separate inspection required]
Laundry system inspected?
Seasonal use?
Water meter readings, if available (last.2 years usage (gpd)):
Sump pump?
Last date of occupancy:
Commercial/industrial Flow Conditions:
Type of Establishment:
Design flow (based on 310 CMR 15.203):
Basis of design flow (seats/persons/sq.ft., etc.):
Grease trap present?
Industrial waste holding tank present?
Non -sanitary waste discharged to the Title 5 system?
Water meter readings, if available:
Last date of occupancy/use:
Other (describe):
NA
Gallons per day (gpd)
Date
4
600 gpd
®
Yes
❑
No
❑
Yes
®
No
❑
Yes
®
No
❑
Yes
®
No
0 Yes ® No
still occupied
Date
❑
Yes
❑
No
❑
Yes
❑
No
❑
Yes
❑
No
t5insp.doc • 11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 8 of 16
Commonwealth of Massachusetts
Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
C. System Information (cont.)
885 Forest St
Froperty Address
N. Andover
City/Town
Per Oines
Owner's Name
Pumping Records:
Source of information:
Ma
State
5-7-05
Date of Inspection
General Information
Was system pumped as part of the inspection?
If yes, volume pumped:
How was quantity pumped determined?
Reason for pumping:
01845
Zip Code
last pumped 2 years information from owner
gallons
❑ Yes ® No
Type of System:
® Septic tank, distribution box, soil absorption system
❑ Single cesspool
❑ Overflow cesspool
❑ Privy
❑ Shared system (yes or no) (if yes, attach previous inspection records, if any)
❑ innovative/Alternative technology. Attach a copy of the current operation and
maintenance contract (to be obtained from system owner)
❑ Tight tank. Attach a copy of the DEP approval.
❑ Other (describe):
Approximate age of all components, date installed (if known) and source of information:
16 years information from owner
Were sewage odors detected when arriving at the site?
❑ Yes ® No
t5insp.doc • 11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 9 of 16
Commonwealth of Massachusetts
Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
M Vey`'
C. System Information (cont.)
885 Forest St
Property Address
N. Andover Ma
City/Town State
Per Oines 5-7-05
Owner's Name Date of Inspection
Building Sower (locate on site plan):
Depth below grade: 22in
feet
Material of construction:
❑ cast iron ® 40 PVC ❑ other (explain):
Distance from rivate water su I well or suction line
t5insp.doc • 11/2004
V pp y 4r-4
ee
Comments (on condition of joints, venting, evidence of leakage, etc.):
joints & venting good condition no sign of leakage
Septic Tank (locate on site plan):
Depth below grade:
Material of construction:
® concrete ❑ metal
01845
Zip Code
16in with riser at grade
feet
❑ fiberglass ❑ polyethylene ❑ other (explain)
If tank is metal, list age: years
Is age confirmed by a Certificate of Compliance? (attach a copy of ❑ Yes ❑ No
certificate)
Dimensions:
1 Oft long 5ft deep 5ft wide 1500 gal
Sludge depth: 2in
Distance from top of sludge to bottom of outlet tee or baffle 32in
Scum thickness lin
Distance from top of scum to top of outlet tee or baffle 8in
Distance from bottom of scum to bottom of outlet tee or baffle 24in
How were dimensions determined? rulers measuring rod
Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 10 of 16
Commonwealth of Massachusetts
Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
C. System Information (cont.)
t5insp.doc - 11/2004
885 Forest St
Property Address
N. Andover Ma 01845
Cityl1 own State Zip Code
Per Oines 5-7-05
Owner's Name Date of Inspection
Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity,
liquid levels as related to outlet invert, evidence of leakage, etc.):
tank does not need to be pumped- inlet &outlet baffels in good condition structural sound - liquid at
bottom of outlet invert no sign of leakage in or out of tank
Grease Trap (locate on site plan):
Depth below grade: NA
feet
Material of construction:
❑ concrete ❑ metal ❑ fiberglass ❑ polyethylene
El other (explain):
Dimensions:
Scum thickness
Distance from top of scum to top of outlet tee or baffle
Distance from bottom of scum to bottom of outlet tee or baffle
Date of last pumping:
Date
Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity,
liquid levels as related to outlet invert, evidence of leakage, etc.):
Tight or Holding Tank (tank must be pumped at time of inspection) (locate on site plan):
Depth below grade: NA
Material of construction:
❑ concrete ❑ metal ❑ fiberglass ❑ polyethylene
❑other (explain):
Title 5 Official Inspection Form: Subsurface Sewage Disposal System -
Page 11 of 16
Commonwealth of Massachusetts
Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
C. System Information (cont.)
885 Forest St
Property Address
N. Andover
City/Town
Per Oines
Owner's Name
Tight or Holding Tank (cont.)
Dimensions:
Capacity:
Design Flow:
Alarm present:
Alarm level:
Date of last pumping:
Ma
State
5-7-05
Date of Inspection
gallons
gallons per day
❑ Yes ❑ No
Alarm in working order:
Date
Comments (condition of alarm and float switches, etc.):
na
Distribution Box (if present must be opened) (locate on site plan):
01845
Zip Code
❑ Yes ❑ No
Depth of liquid level above outlet invert 0
Comments (note if box is level and distribution to outlets equal, any evidence of solids carryover, any
evidence of leakage into or out of box, etc.):
d- box was level - distribution was equal - no evidence of any solids carryover - no evidence of
leakage in or out of d- box
� �0/ 13 �3 �u C� n►�o sr ,� a p rs�,� til X IC. I / ris,pi�-
Pump Chamber (locate on site plan):
Pumps in working order.
Alarms in working order:
t5insp.doc • 11/2004
❑ Yes ❑ No
❑ Yes ❑ No
Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 12 of 16
Commonwealth of Massachusetts
. Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
M Vey,'
C. System Information (cont.)
885 Forest St
Property Address
N. Andover
Ma 01845
City/Town
State Zip Code
Per Oines
5-7-05
Owner's Name
Date of Inspection
Comments (note condition of pump chamber, condition of pumps and appurtenances, etc.):
NA
Soil Absorption System (SAS) (locate on site plan,
excavation not required):
If SAS not located, explain why:
Type:
❑ leaching pits
number:
❑ leaching chambers
number:
❑ leaching galleries
number:
❑ leaching trenches
number, length:
® leaching fields
number, dimensions: 1200 SQ FT
❑ overflow cesspool
number,
❑ innovative/alternative system
Type/name of technology:
Comments (note condition of soil, signs of hydraulic failure, level of ponding, damp soil, condition of
vegetation, etc.):
Sandy dry soil - no hydraulic failure - system was under rear lawn
t5insp.doc • 11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 13 of 16
Commonwealth of Massachusetts
. Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
C. System Information (cont.)
885 Foresty St
Property Address
N. Andover
Ma 01845
Cityrrown
State Zip Code
Per Oines
5-7=05
Owner's Name
Date of Inspection
Cesspools (cesspool must be pumped as part of inspection) (locate on site plan):
Number and configuration
Depth — top of liquid to inlet invert
Depth of solids layer
Depth of scum layer
Dimensions of cesspool
Materials of construction
Indication of groundwater inflow ❑ Yes ❑ No
Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation,
etc.):
NA
Privy (locate on site plan):
Materials of construction:
Dimensions
NA
Depth of solids
Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation,
etc.):
t5insp.doc • 11/2004 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 14 of 16
Commonwealth of Massachusetts
lugTitle 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
C. System Information (cont.)
885 Forest St
Property Address
N. Andover
City/rows
Per Oines
Owners Name
Ma
State
5-7-05
Date of Inspection
01845
Zip Code
Sketch Of Sewage Disposal System: Provide a sketch of the sewage disposal system including ties
to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet.
Locate where public water supply enters the building.
t5insp.doc -11/2004
Title 5 Official Inspection Form_ Subsurface Sewage Disposal System -
Page 15 of 16
Commonwealth of Massachusetts
. Title 5 Official Inspection Form
Not for Voluntary Assessments
Subsurface Sewage Disposal System Form
C. System Information (cont.)
885 Forest St
Nroperty Address
N. Andover
City/Town
Per Oines
Owner's Name
Site Exam:
Slope
Surface water
Check cellar
Shallow wells
Estimated depth to ground water:
Ma
State
5-7-05
Date of Inspection
Please indicate all methods used to determine the high ground water elevation:
® Obtained from system design plans on record
01845
Zip Code
If checked, date of design plan reviewed: Date
Observed site (abutting property/observation hole within 150 feet of SAS)
Checked with local Board of Health - explain:
Checked with local excavators, installers - (attach documentation)
Accessed USGS database - explain:
You must describe how you established the high ground water elevation:
from plans showes ground water at 7ft
t5insp.doc • 11/2oo4 Title 5 Official Inspection Form: Subsurface Sewage Disposal System
Page 16 of 16
ANDOVER
APPEALS
NAME
Procedure & Requirements for
SPECIAL PERMIT
an Application for a Special ,
Permit
Ten (10) copies of the following information must be.
submitted thirty U days prior to the first public hearing.
Failure to submit the required information within the
time periods prescribed may result in a dismissal by the
Zoning Board of an application as incomplete.
The inforfnation herein is an abstract of more specific
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. The
petitioner will complete items that are underlined.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a.Permit Denial form completed by the Codes
Administrator.
STEP 2:. SPECIAL PERMIT APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Special Permit. All information
as required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in Section 10 page 4 of this form.
STEP 4: LIST OF PARTIES IN INTEREST:
The petitioner requests from the Assessors Office a
certified list of Parties in Interest (abutters).
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for. a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picliis up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the. Board shall decide on the matter by using
the:information it has otherwise receive,
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 sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISION
of all the required information to the Town Clerk's Office PLANS. .
to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of
of filing. The original will be left at the Town Clerks the decision and any accompanying plans at the Essex
Office, and the 10 Xerox copies will be left with the County North Registry of Deeds, 381 Common St.,
Zoning Board of Appeals secretary. Lawrence MA, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
-- - - --- -- — --- -- ----- - — - --- — - - - --- Appeals—and—the 6aitding-Department.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev & Services
27.Charles Street
North Andover, MA 01845
978-688-9542 fax for Community Development offices
978-E f�515 B�ilV)in� �ee artment .
978=9541 Zoning Bda d of Appeals Office
l AUG 11 2005 U PAGE 1 of 4
BOARD OF APPEALS
978-688-9501 Town Clerk's Office
978-688-9566 Assessor's Office
PAGE 2 OF 4 Date & Time
Stamp
Application
-
-.100
-W . _ '` 4
�c�''
zf -
North ANDOVER ZONING BOARD • APPEALS
1. Petitioner: Name, address and telephone number:
A Aj g L
rg U A) /y iA) (T 5 PSR
2N�
I I C S
09S
F-0 2Es7s� 2Ec- i
`The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
'tTANEr Ru tiNJV ,- S FF_i2
8 3S �o l2EsTsi �z �c i VO/ZTN AAiD OL)e,2
Years Owned Land:
3. Location of Property:
a. Street: g 8S � ize .-r sT Zoning District
b. Assessors: Map number e . D Lot Number: I d
c. Registry of Deeds: Book Number Da q 7 0 Page Number._ oo y 9
L By -Law Sections under which the petition for the Special Permit is made.
_,sc- c rt D N
defer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner.
. Describe the Special Permit request:
Allo w
F X P)tN S t AJ
1 1 )2(j
TcJ) C o✓i R
�%Z� FXISlINCs'
itJo,V e6lN1--�o2n/M1A/
he above description shall be used for the purpose of the legal notice and decision. A more detailed description is
juired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of thin application.
Page 3 of 4
Application for a SPECIAL PERMIT
NORTH ANDOVER ZONING BOARD OF APPEALS
6.a Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back "
Sq. Ft. Sq. Ft. Coverage Feet. Spaces Front Side A Side B Rear
Y3 -INI
o'/ 33,/ 166.7
b. Proposed Lot (S):
Lot Area Open Space Percent Lot Frontage Parking '� Minimum Lot set Back'
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
113 7o %_
/�S� //c'• 9 Sca/ l Q•.? lbro•7
c. Required Lot: (As required by Zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking * Minimum,Lot set Back •
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
07 /act �-- % 3
7. a. Existing Buildings:
1
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building* of units
1 -LE _22 X570. -Z6 Vi T ✓-1 L DL'6_L-CI AJ Cr l
•Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building.
B. Proposed Buildings:
Ground Floor . Number of Total Use of Number
Square feet Floors Sq. feet Building* of Units
q� z _71;? 112 RES/De✓7.2,1& DwELLIti ir. I
*Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building.
U
8. Petitioner and Landowner signature (sj:
_ —
- Eve ry app ica ion fora -Special Permit sl all 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 suppc�rtirrg ocurn with this application. The dated copy of this application received by the Town Clerk
or the 4on ng Board of Appeals does n absolve the applicant from this responsibility. The petitioner shall be
response le -for all expenses for filin i allure to comply with application requirements, as cited
herein and in the Zoning Board R and Regulations y r suit in a dismissal by the Zoning Board of this application
as incomplete. _
PAGE 4 OF 4 5PEGIAL PERMIT
9. WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in
detail all facts relied upon. When requesting a Special
Permit from the requirements of MGLA ch. 40A, and the
North Andover Zoning By-laws, all dimensional
requirements shall be clearly identified and factually
supported. Each point, 1-6 individually, is required
to be addressed with this application.
1. The particular use proposed for the land or structure.
2. The specific site is an appropriate location for such
use, structure or condition.
3. There will be no nuisance or serious hazard to
vehicles or pedestrians.
4. Adequate and appropriate facilities will be provided
for the proper operation of the proposed use.
S. The use is in harmony with the purpose and intent of t
Zoning Bylaw.
6. Specific reference and response to the criteria
required by the particular Special Permit for which
this application is made (i.e. the Earth Removal
Special Permit has unique criteria and submittal
requirements.).
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation plans 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 or more parking spaces,
H) three (3) or more dwelling units,
M) 2000 square feet of building area.
Major Projects shall require that i -in dition tthe above-
features, plans must show detailed utilities, soils, and
topographic information.
*10. B. *Plan Specifications:
D Size of plan: Ten (10 ) paper copies of a plan not
to exceed 11 "x17", preferred scale of 1"=401
H) One (1) Mylar.
IID Plan prepared by a Registered Professional
Engineer and/or Land Surveyor, with a block for
five (5) ZBA signatures and date indicated on the
Mylar.
*10 C. *Features To Be Included On Plan:
D 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.
ID Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and designer or
surveyor.
10 D. Minor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisks (*). In some cases further information may
be required
11. APPLICATION FILING FEES
A. Notification fees: Applicant shall provide a
check or money order to: "Town of North Andover -
#022-1760-4841' for the cost of first class, certified,
return receipt ($4.42 as of November 2003) 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 37¢) x' the # of parties of interest on the
abutter's list for the decision mailing.
—_B._Maifingaabels:_Applicantshall_ provide_four_ (4�___
sets of mailing labels -no larger than 1°x2-5/8` (3 copies
for the Legal mailing and one copy for the Decision
mailing).
C. Administrative fee of $50.00 per application.
► ► ► ► A Special Permit once granted by the ZBA
will lapse in 2 (two) years if not exercised and a new
petition must be submitted. t A
w "o Zoning Bylaw Denial
Town Of North Andover Building Department
400 Ngood .St. Morth
Andover MA. 01845
Phone 9788888ii46 Fax 9784U4642
-
j�5
S
1 '101 f��.� ons ��c(< o �cc, i(��%
Date _ I -5-` y - 0 4=° S
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Loning
Item
Notes
Site Plan Review Special Permit C - '-j
Item
Notes
A
Lot Area
Lot Area Variance
F
Frontage
Congregate Housing Special Permit
Variance for Sign
Lot area Insufficient
Special Permits Zoning Board
1
Fronta a Insufficient
Large Estate Condo Special Permit
2
3
Lot Area Preexisting
Lot Area Complies
y Y
2
3
Frontage C mplies
Preexisting frontage
�1 S
Special Permit preexisting nonconforming
Insufficient Information
4
Insufficient Information
B
Use
S
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
y
3
Preexisting CBA
Insufficient Information
4
Insufficient information
Setback
H
Building Height
A
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
3
Left Side Insufficient
3
Preexisting Height
ti S
4
Right Side Insufficient
4
Insufficient Information
Rear Insufficient
I
Building Coverage
6
Preexisting setbacks
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Compiles
Watershed
3
Coverage Preexisting
S
1
1 Not in Watershed
q e S
4
Insufficient Information
In Watershed
j
Sign
�L A
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
�-
In District review required
1
More Parking Required
2
Not in district
Lf -e5
2
Parking Complies
Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
I
Demerl�i i... M.a wi.w..a ie wr�awbair hal�w
Idem 4 Special Permits Planning Board Item a
Variance
Site Plan Review Special Permit C - '-j
Setback Variance
Access other than Frontage Special Permit
Parldng Variance
Frontage Exception Lot Special Permit
Lot Area Variance
Common Driveway Special Permit
Height Variance
Congregate Housing Special Permit
Variance for Sign
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Independent Elderly Housing Special Permit
Special Permit Non -Conforming Use ZBA
Large Estate Condo Special Permit
Earth Removal Special Permit ZBA
Planned Development District Special Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special Permit preexisting nonconforming
Watershed Special Permit
T�e above review and attached exptnation of such is beaW on the plans and wdom a*m submi ted. No definitive review and
°=-deb*ie
anal be basad on verbtn
al epatione by the applicant nor shall such verbal eagle wb= by the applicard serve to
C
answers to the above rsawns for DENIAL. Any trrercureciss, m aleadkV information, or othOr subs quwd
c was to the intorr.mM. utmkted by fns applcark alvei be grounds for ft roviaw to be voided at the discretion of the
ng Deparbrwnt. The attached doacrnent tMed'Plan Revierw Narrative' anal be attached hereto and incorporatr+d herein
reference. The bul ft dsperfrmnt wit retain alt plans and document" for the above tie. You muet fit a new building
gerrrrt application form ano begin the permitting process.
Nilding Department rwfirw Signature Application Received Application Denied
Sent : If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
QafarraA Tn-
... —..
Fire
+N
Police
IC Zoning Board
Conservation
Department of Public Works
pec,/,4
OM 7 Qr
C? YLiS
1ti
i PVI 1 Aj
r C TfJ f" �.
U /t3 aT
/�Y i°
2C(,S4I
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/. NC �-
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Cle
S�
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4or `�19 Y-
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4- -T/�
i
QafarraA Tn-
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Fire
Health
Police
IC Zoning Board
Conservation
Department of Public Works
Planning.
Historical Commission
Other
BUILDING DEPT
i-
NEW ENGLAND ENGINEERING SERVICES
ik
INC
August 11, 2005
North Andover Board of Appeals
7 -Charles ree
North Andover, MA 01845
Re: 885 Forest Street, North Andover
Special permit application
Dear Mr. Chairman:
Please accept this letter as a memorandum in support of the request for a special permit
for the above referenced property. The particular supporting information as required by
the application is outlined below.
1. The particular use proposed for the land or structure.
The proposed use for the existing structure and the proposed addition is as a residential
dwelling. The property is currently used as a residence and has been since it was
constructed.
2. The specific site is an appropriate location for such use, structure or condition.
The property is located in a residentially zoned district. The surrounding properties are all
used as residential properties.
3. There will be no nuisance or serious hazard to vehicles or pedestrians.
The property is currently used as a residential property. There would be no increase in
vehicle activity in association with the expanded residential use.
4. Adequate and appropriate facilities will be provided for the proper operation of
the proposed use.
The existing property has existed as a residential property in a residential neighborhood
since its construction. The proposed use of the property is no different than the use in
existence since it was constructed. The facilities in existence at this time will remain and
are adequate to service the proposed use. .
60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
. . p
5. The use is in harmony with the proposed intent of the zoning bylaw.
The zoning bylaw states 11 specific purposes. Granting of the requested special permit
does not violate any of the stated purposes because the property is a residential property
surrounded by residential properties.
6. Not Applicable.
l-vili at-ybttr ext meeting to—m ka e a presen bion o the boar and—to-discuss 's
matter.
Sincerely,
g_ Dd
Benjamin C. Osgood, Jr., P.E.
President
Abutter to Abutter ( x ) Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
------------board-0tthe.ci .ortown,andthe- tannin board.of-ev — - - - — -
-- -- - city P 9 ery-abutting city or -town.'
Subject Property.,
MAP PARCEL Name Address
105.D 10 Per -Arne Oines 885 Forest Street North Andover, MA 01845
Abutters Properties
Map
Parcel
105.D
16
105.D
36
105.D
58
105.D
74
105.D
75
105.D
76
105.D
77
105.D
78
105.D
131
105.D
132
105.D
133
105.D
134
Name
John Longueil
Jane Watson, Trustee
Darlene Fleishman
Leonard Dubois
Simonne Dolfe
Jane Watson, Trustee
Daniel Ryan
Himanshu Bhatnagar
Peter Simonson
Robert Davis
Jagdish Garg
Richard Sarro
This certifies that the names appearing on the
records of thessessors Office as of
I/f av
Certif'ed b Date
Address
1199`26 Forest Street
�76 Forest Street
V981 Forest Street
v975 Forest Street
x05 Forest Street
V876 Forest Street
V71 Forest Street
j,}71 Laconia Circle
(A5 Forest Street
v163 Laconia Circle
,/F55 Laconia Circle
L-44 Equestrian Drive
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
Page 1 of 1
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