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�. o Zoning Bylaw Denial
Town Of North Andover Building Department
` 400 Osgood St North Andover, MA. 01845
Phone 97888-9845 Fax 878488-9542
Street:
Variance
Ma /Lot:
MR('— f 03 f c -'L ! a
Applicant:
Parking Variance
Request:
e(F 7`— A)p rC, D 'a(D r:)
Date:
6�Z- e�, 0
Please be advised that after review or your Apprcauon ane rwns uncia rvw ..,.r•••.�•••••• •�
DENIED for the following Zoning Bylaw reasons:
Zoning
Variance
Site Plan Review Special Permit d -
Setback Variance
Access other than Frontage Special Permit
Parking Variance
Item
Notes
Common Driveway Special Permit
Item
Notes
A
Lot Arse
Special Permits Zoning Board
F
Frontage
Large Estate Condo Special Permit
1
Lot area Insufficient
Special Permit Use not Listed but Similar
1
Frontage Insufficient
R-6 Density Special Permit
2
Lot Area Preexisting
2
Frontage mplies
3
Lot Area Complies
3
Preexisting frontage
4
Insufficient Information
1
4
1 Insufficient Information
B
use
5
No access over Frontage
Allowed
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
r51
Use Preexisting2
Complies
4
Special Permit Required
3
PreexistingCBA
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply 0qv&
1
Height Exceeds Maximum
2
Front Insufficient 8"Fr-e-e
2
Complies
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setback(s)
1
coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
4
Insufficient Information
2
In Watershed
d
Sign
3
Lot Prior to 10/24194
1
Sin not allowed
4
1 Zone to be Determined
2
Sign Complies
5
1 Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
2
Parking Complies
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
Remedy for the above is checked below
Mai X . Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit d -
Setback Variance
Access other than Frontage Special Permit
Parking Variance
Frontage Exception Lot Special Permit
Lot Area Varianoe
Common Driveway Special Permit
Height Variance
Congregate Houiing Special Permit
I 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 preeDdsting nonconforming
Watershed I Permit
The above review and atiardrad WORnation of such IS based on the plans and information aubmited. No definitive review and
or advice shad be based on verbal o planation by the applicant nor shall such verbal splandam by the applicant serve to
provide definitive anwers to the above reaeorr for DENIAL. Arry ineccunacrea, misleading information, or other subsequent
changes to the information suhrotlad by the appdari shad be grounds for this review to be voided at the discrobon of the
Budding Department. The atbidmd docrmbrd ttiled'Plan Review Nrrative' 00 be attached so and incorporded harem
by rsferernce. The buidirg deprbnnd will robin all plans and domunametion for the above file. You must file a new bLddig
permit application form and boon the penift prooeas.
Bui „ng Department Official Signature Application Received Application Derfied
Denial Sent: L,�'� �'� If Faxed Phone Number/Date:
Plan Review Nafradive
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
IIIKi!'~
'
Zonina Board
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
L N
o C=i 1-' o tA; L o
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Referred To:
Fire
Health
Police
Zonina Board
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
NO oTN
Zoning Bylaw Denial
is
Town Of North Andover Building Department
�. .� 400 Osgood St. North Andover, MA. 01845
Phone 978488-9545 Fax 978-688-9542
Street: W
Ma /Lot: _ 1 v
Applicant: C L _
Re uest:
Date:
•Please be advised that after review of, your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zonin
Remedy for the above is checked below.
Item # Special Permits Planning Board Item #
Item
`Notes
\
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
Independent Elderly Housing Special Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
Planned Residential Special Permit
2
Frontage Complies
Special Permit preexisting nonconforming
3
Lot Area Complies
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
g
Use
3
No access over Frontage
1
Allowed.
�� ; _
G
`Contiguous Building'Area
A-
2
Not Allowed
1
Insufficient Area -
3'.
Use Preexisting
2
Complies �
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply 7t
D
1
1 Height Exceeds Maximum
2,
Front Insufficient
cc
2 '
Complies
3
Left Side Insufficient
11's-0
3.
1 Preexisting Height
'4'
Right Side Insufficient
N v
4
1 Insufficient Information
5
Rear Insufficient,, 6. Ft-e,t
-�S- '
1,
Building Coverage ?
6
Preexisting setback(s),
1
Coverage exceeds maximum
7
Insufficient Information
;
2
Coverage Complies '
D
Watershed ; ,
3 •
Coverage Preexisting;
1
Not in Watershed
4
1 Insufficient Information
2
In Watershed
cS
d
Sign
III -
9'3
3
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
fr-
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
2
Parking Complies
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parkin
Remedy for the above is checked below.
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
Setback Variance fl a u i Ub ?SIV
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
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
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" stall be attached hereto and incorporated herein
by reference. The building department will retain all plans and documentation for the above file. You must file a new building
permit application form and begin the permitting process.
Bui epartment Otricial Signature
Application Received
1 i a
Ap icatio Deni
i
a.1
Denial Sent: •1 0 If Faxed Phone Number/Date: V -q —613 — 6,5'1-5- D13-oY
V
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:
'n1
1ililli�alaln%t:� ,.
S
Police
Zoning Board
� c=vt-N� �C c.� t►-
� J
s
Historical Commission
St M47e-A��Z.Lf
BUILDING DEPT
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Referred To:
Fire
I Health
Police
Zoning Board
Conservation
rtment of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
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Town of Noah Andover
Office of the Zoning Board of Appeals
_.
oxririlujnity Development and Services Division
400 Osgood Street
R 0 Tgith Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner Telephone (978) 688-9541
Fax (978)688-9542
This is to certify that twenty (20) days
have elapsed from date of decision, filed
without filing of an anpeal.
Date �,o7D4S—
Any appeal shall be filed Notice of Decision Joyce A. Bradshaw
within (20) days after the year 2005 Town Clerk
date of filing of this notice
in the office of the Town Clerk. Property at: Winter Street (Mao 103. Parcel 120)
The North Andover Hoard of Appeals held a public hearing at its regular meeting in the Town Hall top
floor meeting mom, 120 Main Street, North Andover, MA on Tuesday, January 11, 2005 at 7:30 PM upon
the application of Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter
Street (Map 103, Parcel 120) North Andover requesting a Variance from Section 4, Paragraph
4.136.3.C.ii(3) of the Zoning Bylaw in order to constrict a single family dwelling with the rear and sidle'
comers in the 100' buffer from. bordering vegetated wetlands and within the Water Protection District's. .
Non-Distzubance Huffer Zone. Said praises affected is property with frontage on the South side of ==
Winter Strad within the R-1 zoningdistrict. The 1
egal notices were published in the Eagle Tr borne an
December 27, 2004 & January 3 2005 and sent to all abutters
r,
The following members were present: John M Pallone, Ellen P. McIntyre, Richard J. Byers, Albert P. —`
Manzi, III and David R. Webster. The following non-voting members were present: Thomas D. Ippolitov
and Richard M Vaillanvourt.
Upon a motion by Richard J. Byers and a by John M Pallone, the Hoard voted to GRANT a Variance to
allow construction of a new permanent structure, a single family dwelling, under Section 4, Paragraph
4.136.3.C.ii(3) of the Zoning Bylaw, Watershed Protection District's Non Dist uhanoe Zone per Plan of
Land in North Andover, Massachusetts as prepared for Santo & Anne Messina by Joseph L Serwatka,
Registered Professional Civil Engineer #36981, Pembroke Land Survey Co., P. O. Box 205, Salem, New
Hampshire, 03079, date May 4, 2004, rev. 7/13/04, 7130/04,11/19/04 Building Em. Dim & Offsets
Rev'd, &IV02/04 Offsets to 100' Buffer Added - Job No. 04-27 F.B. 69/02; with the remaining conditions
from decision 2004-013 granted July 13, 2004.
1. DPW extends Winter Street along the frontage line of Map 103, Pane! 120.
2. This lot, Map 103 Pared 120, shall not be farther subdivided.
Voting in favor. John M Pallone, Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III and David R.
Webster.
The Board finds brat the applicant has satisfied the provisions of Section 4, Paragraph 4.136.3.C.ii(3) and
Section 10, paragraph 10.4 of the Zoning Bylaw in that the gunning of this variance, adding a single-family
dwelling on a 12.9 acre lot, will not adversely affect the neighborhood nor will it derogate from the intent
and purpose of the Zoning Bylaw.
Pagel of2
;\ Prue Copy
Town Clerk
Hoard of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
NAME: Claude & Laura Elias, 11.9 Hooker
Farm Road, Salem, NH
HEARING(S): January11, 2005
ADDRESS: Winter Street 103, Parcel 120
PETITION: 2004-035
North Andover, MA 01845
TYPING DATE: January 18, 2005
The North Andover Hoard of Appeals held a public hearing at its regular meeting in the Town Hall top
floor meeting mom, 120 Main Street, North Andover, MA on Tuesday, January 11, 2005 at 7:30 PM upon
the application of Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter
Street (Map 103, Parcel 120) North Andover requesting a Variance from Section 4, Paragraph
4.136.3.C.ii(3) of the Zoning Bylaw in order to constrict a single family dwelling with the rear and sidle'
comers in the 100' buffer from. bordering vegetated wetlands and within the Water Protection District's. .
Non-Distzubance Huffer Zone. Said praises affected is property with frontage on the South side of ==
Winter Strad within the R-1 zoningdistrict. The 1
egal notices were published in the Eagle Tr borne an
December 27, 2004 & January 3 2005 and sent to all abutters
r,
The following members were present: John M Pallone, Ellen P. McIntyre, Richard J. Byers, Albert P. —`
Manzi, III and David R. Webster. The following non-voting members were present: Thomas D. Ippolitov
and Richard M Vaillanvourt.
Upon a motion by Richard J. Byers and a by John M Pallone, the Hoard voted to GRANT a Variance to
allow construction of a new permanent structure, a single family dwelling, under Section 4, Paragraph
4.136.3.C.ii(3) of the Zoning Bylaw, Watershed Protection District's Non Dist uhanoe Zone per Plan of
Land in North Andover, Massachusetts as prepared for Santo & Anne Messina by Joseph L Serwatka,
Registered Professional Civil Engineer #36981, Pembroke Land Survey Co., P. O. Box 205, Salem, New
Hampshire, 03079, date May 4, 2004, rev. 7/13/04, 7130/04,11/19/04 Building Em. Dim & Offsets
Rev'd, &IV02/04 Offsets to 100' Buffer Added - Job No. 04-27 F.B. 69/02; with the remaining conditions
from decision 2004-013 granted July 13, 2004.
1. DPW extends Winter Street along the frontage line of Map 103, Pane! 120.
2. This lot, Map 103 Pared 120, shall not be farther subdivided.
Voting in favor. John M Pallone, Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III and David R.
Webster.
The Board finds brat the applicant has satisfied the provisions of Section 4, Paragraph 4.136.3.C.ii(3) and
Section 10, paragraph 10.4 of the Zoning Bylaw in that the gunning of this variance, adding a single-family
dwelling on a 12.9 acre lot, will not adversely affect the neighborhood nor will it derogate from the intent
and purpose of the Zoning Bylaw.
Pagel of2
;\ Prue Copy
Town Clerk
Hoard of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
i
Town of Noah Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978)688-9542
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of
the grant, it shall lapse, and may be reestablished 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,
t�
Ellen P. McIntyre,it
Decision 2004035.
M103P120.
Page 2 of
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978.688-9530 Health 978-688-9540 Planning 978-688-9535
i g
Town of North Andover
Office of the Zoning Board of Appeals
community Development and Services Division
D. Robert-Nicetta
Building Commissioner
400 Osgood Street
:.� North Andover, Massachusetts 01845
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk.
Notice of Decision
Year 2005
Telephone (978) 688-9541
Fax (978)688-9542
Property at: Winter Street (Map 103, Parcel 120)
NAME: Claude & Laura Elias, 119 Hooker
Farm Road, Salem, NH
HEARING(S): January 11, 2005
ADDRESS: Winter Street (Map 103, Parcel 120)
PETITION: 2004-035
North Andover, MA 01845
TYPING DATE: January 18, 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, January 11, 2005 at 7:30 PM upon
the application of Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter
Street (Map 103, Parcel 120) North Andover requesting a Variance from Section 4, Paragraph
4.136.3.C.ii(3) of the Zoning Bylaw in order to construct a single family dwelling with the rear and side
corners in the 100' buffer from bordering vegetated wetlands and within the Water Protection District's
Non -Disturbance Buffer Zone. Said premises affected is property with frontage on the South side of
Winter Street within the R-1 zoning district. The legal notices were published in the Eagle Tribune on
December 27, 2004 & January 3 2005 and sent to all abutters.
The following members were present: John Ni Pallone, Ellen P. McIntyre, Richard J. Byers, Albert P.
Manzi, III and David R. Webster. The following non-voting members were present: Thomas D. Ippolito
and Richard Ni Vaillancourt.
Upon a motion by Richard J. Byers and 2°d by John M. Pallone, the Board voted to GRANT a Variance to
allow construction of a new permanent structure, a single family dwelling, under Section 4, Paragraph
4.136.3.C.ii(3) of the Zoning Bylaw, Watershed Protection District's Non Disturbance Zone per Plan of
Land in North Andover, Massachusetts as prepared for Santo & Anne Messina by Joseph J. Serwatka,
Registered Professional Civil Engineer #36981, Pembroke Land Survey Co., P. O. Box 205, Salem, New
Hampshire, 03079, date May 4, 2004, rev. 7/13/04, 7/30/04, 11/19/04 Building Env. Dim & Offsets
Rev'd., &12/02/04 Offsets to 100' Buffer Added - Job No. 04-27 F.B. 69/02; with the remaining conditions
from decision 2004-013 granted July 13, 2004.
1. DPW extends Winter Street along the frontage line of Map 103, Pared 120.
2. This lot, Map 103 Parcel 120, shall not be further subdivided
Voting in favor: John M. Pallone, Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III and David R -
Webster.
The Board finds that the applicant has satisfied the provisions of Section 4, Paragraph 4.136.3.C.ii(3) and
Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of this variance, adding a single-family
dwelling on a 12.9 acre lot, will not adversely affect the neighborhood nor will it derogate from the intent
and purpose of the Zoning Bylaw.
Page] 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
Office of the Zoning Board of Appeals
Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of
the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a
Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2)
year period from the date on which the Special Permit was granted unless substantial use or construction
has commenced, it shall lapse and may be re-established only after notice, and a new hearing.
Town of North Andover
Board of Appeals,
Ellen P. McIntyre, air
Decision 2004-035.
M103P120.
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
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division (*
400 Osgood Street \
North Andover, Massachusetts 01845
D. Robert Nicetta Telephone
Building Commissioner
Fax
Legal Notice
North Andover, Board of Appeals
L;J
Notice is hereby given that the Board of Appeals will hold a public hearing in the top
floor meeting room of the Town Hall, 120 Main Street, North Andover, MA on Tuesday
the 110' of January, 2005 at 7:30 PM to all parties interested in the appeal of Claude &
Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter Street (Map
103, Parcel 120) North Andover requesting a Variance from Section 4, Paragraph
4.136.3.C.ii(3) of the Zoning Bylaw in order to construct a single family dwelling with
the rear and side corners in the 100' buffer from bordering vegetated wetlands and within
the Water Protection District's Non -Disturbance Buffer Zone.
Said premises affected is property with frontage on the South side of Winter 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 8:30AM to
4:30PM
By order of the Board of Appeals
Ellen P. McIntyre, Chair
Published in the Eagle Tribune on December 27, 2004 & January 3 2005.
Legalnotice 2004-035.
M103P120. H gm — -- m o o v<D ��cn�nm �o Ln -,A �0> r' .
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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
NO.: O Date ` z
TOWN OF NORTH ANDOVER
BUILDING DEPARTMENT
Building/Frame Permit Fee $
Foundation Permit Fee $
i other Permit Fee l $�—v
" .Building -inspector
W' h�` r'�
ZBA 233
Date 5.7
TOWN OF NORTH ANDOVER
RECEIPT
This certifies that ........ C -P
....................
has paid ..# ...... 6), ........ q . . ..........................
for ... .......
rte
Received by ....... M ......................................
Department............. :;-.�.772 4 ............................................................
WHITE:.Applicant CANARY: Department PINK: Treasurer
TOWN OF IRTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
NAME:
ADDRESS OF APPEAL:
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be
submitted thirty (U daysprior to the first public hearing.
Failure to submit the requred information within the
time periods prescribed may. result in a dismissal by the
/-oninq boara or an aDDIK=on as i
The information herein is; an abstract of more
specific requirements Iced in the Zoning Board
Rules and Regulations and is not, meant to
supersede them. The petitioner will complete items
that are underlined
STEP 1: ADMINISTRATE PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner.
STEP 2: VARIANCE APPI! !CATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Vanence. All information as
required in items 1 through and includi»g 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of therequired plan information as
cited in section 10, page 4 o this form.
STEP 4: LIST OF PARTES IN INTEREST:
The petitioner requests theAssessors Office to compile
a certified list of all Parties irr Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and 10 Xerox copies
of all the required informakm to the Town Clerk's Office
to be certified by the Town Clerk with the time and date
of filing_ The original will beleft at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
Zoning Board of Appeals swretary.
F KORrh -
O`�t�e• •� Mo
�'SS^CHUs�t
STEP 6: SCHEDULING OF BEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing dateand prepares the legal
notice for mailing to the partiesin interest (abutters) and
for publication in the newspapep The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee -
STEP 7
ee_
STEP7 DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appealsand delivers the legal
notice to the local newspaper publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in Wher 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 pursuardtD Massachusetts
General Law ch. 40A sec. 17, vA hin twenty (20) days
after the decision is filed with theTown Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for mcording certification of
the decision and any accompanling 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 U* Zoning Board of
Appeals and the Building Deparbaent
,.=:.e„e1.,�'.....,.,,<._<�.,.�.,_:.,-::y�aiiEi6Yiui:63i.stliY/cifei3-iltaiii� -_- uw:iGiliSa:51iii623ib ;:••a�-�_•_;•"•�ikiciifiYEc..iSLa�as.israiill�C — - -' y�„�
IMPORTANT PHONE RUMBERS:
978-688-9533 Office of Community Dev & Services 978-688-9501 Town Clerk's Office
27 Charles Street, North Andover, MA 978-688-9566 Assessor's Office
01845
• :.::
ITS
1lug
2004DEC
OnARD OF ...
&RD OF APPEA
I --
Development offices
als Office
PAGE 1 of 4
.
PAGE 2 OF 4
Application for a VARIANCE
ANDOVER ZONING BOARD OF APPEALS
ress and telephone number:
*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: ;
`T
Years Owned Land:
3. Location of Property:
a. Street: -W) N 72-54 Zoning District:
b. Assessors: Map number: ,r0 Lot Number:
C. Registry of Deeds: Book Number: _ �-7� 4," Page Number:
4. Zoning Bylaw Section(sr under which the petition for the Variance is made.
4.I3�o.3.G.ii.
*Refer to the Zoning Bylaw Denial and Plan Review Narrativeb m as supplied by. the Building Commissioner.
5. Describe the Variance request:
The above description shall be used for the purpose:of`the legal rroGce and decision. A more detailed description is required pursuant tD*w
Zoning Board Rules and Regulations as cited on page 4, Section 9 atthis application. Failure by the applicant to describethe request death
may result in a decision that does not address the intent of the appicant. The decision will be limited to the request by the applicant and wn
not involve additional items not included. above.
6A. Difference from Zoning Bylaw requirements: indicate the dimension(s) that will not meet
current Zoninglaw, Requirements. A
BY eq (Two 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 BB.
-Rear
Page 3 of 4
Application for a VARIANCE
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces
6, 1.g53 _ % -0
c. Proposed Lot (S):
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
Frontage
Feet
Parking
Spaces
p�0
7E
d. Required Lot: (As required by Zoning
Lot Area Open Space Percent Lot Frontage
Sq. Ft. Sq. Ft.. Coverage Feet
By -Law)
Parking
Spaces
620
175
7. a. Existing Buildings:
Ground Floor Number of Total
Square feet Floors Sq. feet
Use of
Building"
"Reference Uses from the Zoning By -Law. State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total c Use of
Square feet Floors Sq_ feet Building`
Zoning Board of Appeals
` Minimum Lot set Back "
Front Side A Side B Rear
` Minimum Lot set Back'
Front Side A Side B Rear
, 2136 3
` Minimum Lot set Back `
Front Side A Side�B Rear
30 apo "3c -30
'Reference Uses from the Zoning By -1;w. State number of units in building.
6. .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 ina�di missal by the Zoning Board of this application as incomplete.
rvDe above names (cl hares
C_
NOUTq
Zoning Bylaw Denial
Town Of North Andover Building Department
'�:••�: o ;�' 400 Osgood St. North Andover, LM 01845
Phone 878.688-8545 Fax 878-688-8542
Street
Item
Ma Lot
- t v C�
Applicant
- , y
Request:
f�-f2 (= L0.
Date:
- o
Please be advised that after review, of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw masons:
Zoning
ROMOdY for the above is checked below.
Item 0 Special Permits Planning Board
Item
Notes
Setback Variance 0 io au ZaN
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
�-
1
Lot area Insufficient
Ind dent Elderly Housing Special Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
Planned Residential Special Permit
2
Frontage Complies
Special Permit preexisting nonconforming
3
1 Lot Area Complies
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
use
5
No access over Frontage
1
Allowed
C=
G
1 Contiguous Building Area
f}-
2
Not Allowed
1
I Insufficient Area
3
1 Use Preexisting
2
Complies
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply fbt, Ff4
P D
1
I Height Exceeds Maximum
2
Front Insufficient uG��
c -S,
2
Complies
3
Left Side Insufficient
/,Y Z)
3
Preexisting Height
4
Right Side Insufficient
PC)
4
Insufficient Information
5
Rear Insufficient..Ba
s
I
Building Coverage
6
Preexists 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
Y
j
Sign
-
3
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sion Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
fy--
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
2 .
Parking Complies
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parki
ROMOdY for the above is checked below.
Item 0 Special Permits Planning Board
Item # Variance
Site Plan Review Special Permit
Setback Variance 0 io au ZaN
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
Ind dent Elderly Housing Special Permit
Special Permit Non -Conforming Use ZBA
Large Estate Condo Special Permit
Earth Removal Special Permit ZBA
Planned Develcipment 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
The above review and aI a A a l mon of such ie tweed on the plans and information subrnitlad. No definitive review and
or advice shall be bsapd on verbal a gAiinations by the applicant nor ahall such verbal explanations by the apphcart serve to
provide defin Live anwnrs to the above reasons for DENIAL. Any inscauacm, misleading Worrnation, or other subsequent
dwiges to the mfomabon acftnMed by the appdcarrt abed be grounds for this review to be voided at the discretion of the
Budding Deparbant. The adwhad docwnwit Med "Pion Review NarretW shad be attached hereto and incorporated herein
by r eference. The txrilding depa anent wig retain all plans and dominwilgfion for the above file. You must file a new budding
permit appy form and begin the perri tEtrprocess.
Denial Sent: -1 d, S 0 1
Application Received Ap icatio Deni
If Faxed Phone Number/Date: 9 7 q
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:
Referred To:
Fire
Health
Police
Zoning Boats
Conservation
rtment d Public Works
Planning
Historical Commission
Other
BUILDING DEPT
July 15, 2004
Santo & Anne Messina
115 Winter Street
North Andover, MA 01845
Town of North Andover
Zoning Board of Appeals
North Andover, MA 01845
To Whom It May Concern:
We, Santo and Anne Messina grant permission to Joseph Serwatka, P.E., to
represent our interest in the property known as Winter Street. In order to
help us procure variances and permits related to such property. We hope to
give our daughter and son in law, Claude and Laura Elias this property so
they may build a home located next to our home.
Sincerely,
Santo Messina
Anne Messina
Joseph I Serwatka, P.E.
Past Office Box: 1016.
North Andover; MA
97$-6$3-6595
December 15., 2004
North Andov<er.Board--of-Appeals
27 _Charles .Street.
North -Andover, MA 0.1845
Re: Map _103; Lot 120
Variance Request -
Dear Board Members:
._Re.lativE:to-theattached variance.quests brmrap.1,03; lot 120; I:offer he
following:
4 thibkc-&brief history. z isproject will.assist the Board in reviewing -the zurrent
variance application. A variance -application was filed on -this property inI June of -this
year. The Building Department denial- dated June l 1, 2004 stated that variances would be
required from sections 7.1.1, 7.2 and 7.3. The variance application requested relief from
sections 7.1.1, 7.2. 7.3, and 4.136.(3c) of the. by-law. Note -that I=added-the vmiance from
section 4.136 when. I realized it had been omitted by the Building Department.
Unfortunately, the 4ggal notice -only included those variance requests listed in the
.Building Department -denial and,not the application- SubsepeAtly, the Notice, oMecision
{2004013) included only. the variances listed in the legal notice. The.current application
before you, therefore, is to seek relief from section 4,136 (3c) relative to the. Watershed
ProtectionDistrict's non -disturbance buffer zone, prior to proceeding onto the Planning
-Board. and Conservation Commission.
Written documentation
A. The particular use proposed for the land -or structure.
The lot (map 103, lot 120) is being gifted from Santo & Anne Messina -to their
daughter Laura, her husband Claude, and their two sons. The lot is the remainder of a
larger parcel that has been owned by the Messinas for nearly forty five years. Two of the
Messina's other children have constructed homes on the parcel; as shown on the attached
plan. It. is -Laura and Claude's desire to construct a single family dwelling on lot 120, in
part to be closer- to their other family members.
in effect, by the requirements/restrictions- of -the Watershed Protection District: Literal
enforcement of the 150 foot non -disturbance buffer zone would render the lot non -
buildable. The Conservation Commission's.50.foot no -build zone -effectively.removes.
nearly 23,000 square feet of CBA from the mix. The resulting area for development,
though reduced, is still adequate,- in my opinion,to site, a dwelling with yard.. The .intent .
of the ordinance, I believe, is still fulfilled by allowing responsible development, while
preserving nearly 12 acres of wetland habitat..
Relief, therefore, is necessary from the requirements of the non -disturbance zone
associated with the Watershed Protection_District...The_ applicant .would .seek. relief. so that.
a home and yard could be built. All disturbances will be as far from the edge of wetlands
as is possible. It is anticipated that-allsitedevelopment-could-be kept outside of the 50
foot no -build zone as shown on the plan.
F. Submit RDA from Conservation Commission -when Contiguous Buildable Area is
applied for in ZBA application.
The Zoning Board granted a variance for CBA in June 2004.
We thank you in advance..for. your. anticipated -thoughtful -review of this material
and look forward to meeting with the Board on January 11, 2005.
Since, y
Jose J. Serw tka, P.E.
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk.
Notice of Decision
Year 2004
Telephone (978) 688-9541
Fax (978) 688-9542
Property at: for premises at: Winter Street
NAME: Claude & Laura Elias, 119 Hooker Farm
Road, Salem, NH
HEARING(S): June 8 & July 13, 2004
ADDRESS: for premises at: Winter Street
PETITION: 2004-013
North Andover, MA 01845
TYPING DATE: July 21, 2004
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 13, 2004
at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application of
Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter Street (Map 103 Parcel
120) North Andover, requesting Variance from Section 7, Paragraphs 7. 1.1 for Contiguous Buildable Area,
7.2 & Table 2, for Street Frontage, and 7.3 & Table 2 for dimensional relief of yard setbacks in order to
construct a single-family home. Said premises affected is property with frontage on the South side of Winter
Street within the R 1 zoning district. The legal notices were published in the Eagle Tribune on May 24 & 31,
2004.
The following members were present: John M Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard
J. Byers.
Upon a motion by John M. Pallone and 2°d by Richard J. Byers, the Board voted to GRANT the dimensional
Variance from Section 7, Paragraph 7. 1.1 of the Zoning Bylaw for relief of 9,190 sq. ft. of contiguous
buildable area per Plan of Land in North Andover, Massachusetts as prepared for Santo &Anne Messina,
Date May 4, 2004, Revisions 5/18/04 Added Sheet 2, 7/13/04 Req'd Buildable Area Note Added, Job No. 04-
27 F. B. 69/02, by Joseph J. Serwatka, .Registered Professional Civil Engineer #36981, Pembroke Land
Survey Co., P. O. Box 205, Salem, New Hampshire 03079, on the following conditions:
1. DPW extends Winter Street along the frontage tine of Map 103, Parcel 120.
2. The Mylar shall consolidate the information from the above May 4, 2004, and 7/13/04 revision
sheets 1 & 2 in order to show the proposed building envelope, the building's dimensions and
setbacks from the lot lines, the available contiguous buildable area and the Registered
Professional seal
3. This lot, Map 103 Parcel 120, shall not be further subdivided.
4. Claude & Laura Elias shall submit a letter of authorization from Santo & Anne Messina for
the ZBA files.
Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers.
The Board finds that the 7/13%04 Sheet 2, the proposed building envelope as shown does not require relief
from Section 7, Paragraph 7.3 and Table 2 and if Winter Street is extended, then the applicant does no Vwed
relief from Section 7, Paragraph 7.2 and Table 2. Also, the Board finds that the applicant has satisfied$ie
provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance wiWnot
adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw.-_
'2L cl—
Page 1 of 2 C-' r
-D C)
r
-F �..
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-689-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the
grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special
Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year
period from the date -on which the Special Permit was granted unless substantial use or construction has
commenced, it shall lapse and may be re-established only after notice, and a new hearing.
Town of North Andover
Board of Appeals,
Ellen P. McIntyre, Chair
2004=013.
M103P120.
Page 2 of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-689-9530 Health 978-6%9-9540 Planning 9'78-689-9535
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning (
Page 1 of 1
This certifies that the names appearing on -the
records of the s essor Office as of
- -D3.
Certified Date �3
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 of every abutting city or town."
Subject Proverty.,
MAP
PARCEL
Name Address
103
120
Santo & Anne Messina 115 Winter Street
North Andover, MA 01845
Abutters Properties
Man
Parcel
Name Address
103
20
C/O Diane Scully 808 Great Pond Road
North Andover,A 01845
103
33
John Mange 1/759 Great Pond Road
North Andover, A01845
103
99
David Williams x/(40 Winter Street
North Andover, , 01845
103
110
Stephen Scully Trustee- 767 Great Pond Road
North Andover, MA 01845
103
114
Peter O'Neill vS0 Bridle Path
North Andover, MA� 845
103
115
Margaret Walker, 10 Bridle Path
North Andover, MA 0``1845
103
116
SJJ Trusa 4 --PO Box 302
Lawrence, MA 01842
103
117
SJJ Trus PO Box 302
Lawrence, MA 01842
103
118
Laurie Messina Trustee L,f429 Winter Street
North Andover, MA 01845
103
119
Mary Messina L/T15 Winter Street
North Andover, MA 01845
103
120
Santo & Anne Messina 115 Winter Street
North Andover, MA 01845
103
131
SJJ Trust PO Box 302
Lawrence, MA 01842
63
2
Wei Deng � <35 Bridle Path Lane
North Andover, MA 01845
63
63
4
5
Wei Deng 35 Bridle Path Lane
D V & A M Crabtree Trusteesf 4 f"49 Bridle Path Lane
North Andover, MA 01845
North
63
17
.
James Medeiros k-63 Bridle Path Lane
Andover, MA 0.1845
North Andover, MA 01845
63
23
James Walker 10 Bridle Path Lane
North Andover, MA 01845
63
39
Walter Johnson III 747 Great Pond Road
North Andover, MA 01845
104.0
13
Paul Hayes vPO Box 531
North Andover, MA 01845
104.0
17
Richard Balmas' L-96 Bridle Path Lane
North Andover, MA 01845
104.0
72
Velevis Trs, R J & G L Subatch v1'00 Bridle Path Lane
North Andover, MA 01845
104.0
90
Thomas Greaves03 Bridle Path Lane
North Andover,.MA 01845
104.0
91
Sharon Hayes t,l d"4 9 Bridle Path Lane
North Andover, MA 01845
104.0
92
Mary Burke ,_.,7,6 Bridle Path Lane
North Andover, MA 01845
Page 1 of 1
This certifies that the names appearing on -the
records of the s essor Office as of
- -D3.
Certified Date �3
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PAGE 4OF4
9: WRITTEN DOCUMENTATION
Application for a variance must be supported by a
legibly written or typed memorandum setting forth in
detail all facts relied upon. When requesting a variance
from the requirements of MGLA ch. 40A, Sec_ 10.4 and
the North Andover Zoning By-laws, all dimensional
requirements shall be clearly identified and factually
supported. All points, A -F, are required to be
addressed with this application.
A. The particular use proposed for the land or
structure.
B. The circumstances relating to soil conditions, shape
or topography of such land or structures especially
affecting the property for which the variance is
sought which do not affect generally the zoning
district in which the property is located.
C. Facts which make up the substantial hardship,
financial or othervwse, 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 givers 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 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 in addition to showing the
above features, plans must show detailed utilities, soils,
and topographic information.
*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'
II) 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.
In Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red.
2. Existing features to be removed in dashed lines.
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner of 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
11 A. Notification fees: Applicant shall provide a
check or money order to: "Town of North Andover -
#022-1760-4841" for the cost of first 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.
11 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).
11 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.4
MOR7H
��`'° •'" Zoning Bylaw Denial
Town Of North Andover Building Department
400 Osgood St NoM Andover, MA. 01M
�ss��sE
Phone 978-688-9546 Fax 978-6884642
Street:
Item
Ma Lot:
-tJI-72-
Applicant:
C �" L
Request:
c I;
Date:
N�) (--- o
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning
Remedy for the above is checked below.
Item e Special Permits Planning Board Item a
Item
Notes
Setback Variance pi o u 7.aN
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
�( y-
1
Lot area Insufficient
Inde dent Elderly Housing Special Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
Planned Residential Special Permit
2
1 Frontage Complies
Special Permit preexisting nonconforming
3.
1 Lot Area Complies
L
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed
tfS
G
"Contiguous Building Area
(�-
2
1 Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply exeFfL4
tj D
1
Height Exceeds Maximum
2
Front Insufficient 4r
2
1 Complies
3
Left Side Insufficient
/,so
3
Preexisting Height
4
Right Side Insufficient
N v
4
-Insufficient Information
5
Rear Insufficient. Bu F--ef-
Z &-*-&
I
Building Coverage
6
Preexisting setback(s),
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting, -
1
Not in Watershed
4
Insufficient Information
2
In Watershed
cS
d
Sign
�-
3
1 Lot prior to 10/24/94
1
Sign not allowed
4
1 Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
141f r
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
2
Parting Complies
3
1 Insufficient Information
1 3
1 Insufficient Information
4
1 Pre-existing Parkin
Remedy for the above is checked below.
Item e Special Permits Planning Board Item a
Variance
Site Plan Review Special Permit
Setback Variance pi o u 7.aN
Access other than Frontage Special Permit
Parldrig 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
Inde dent 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
S ecial Permit for Sign
R-6 Density Special Permit
Special Permit preexisting nonconforming
Watershed Special Permit
The above review and attarl ect aiplarration of such is basad on the pians and information submitted. No definitive review and
or advice shall be based on verbal e>iplanadons by the appkent nor shall such verbal s>rplanatione by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading Warmation, or other subsequent
charxfes to the information aubrrrilEad by the applicant shall be grounds for this review to be voided at the discretion of the
Building Deparbnent. The attached document titled "Plan Review Narrative' shall be atlached I w and incorporated herein
by reference. The building d"whnent will retain all pians and doamrerrtation for the above file. You must file a new building
permit application form and begin the permigng process.
Bui epartment tial Signature
Denial Sent: -1 lo
/,gL-/,, -a /:>,�
Application Received Ap icatio Deni
If Faxed Phone Number/Date: � % q (o q 3 — 6,S I S ))--13-0y
Plan Review Narrafive
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
JAI�
t,3S
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42ezpS
Conservation
rtment of Public Works
Planning
C-e:� fL c -,t.) '1 ' , a �? i
Other
BUILDING DEPT
c
tP CI"rN� c7 �S
C -O S /
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60 s P
—
Referred To:
Fire
Health
Police
Zoning Board
Conservation
rtment of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
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Town of North Andover
. Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk
Notice of Decision
Year 2004
Telephone (978) 688-9541
Fax (978) 688-9542
Property at: for Dremises at: Winter Street
NAME: Claude & Laura Elias, 119 Hooker Farm
Road, Salem, NH
HEARING(S): June 8 & July 13, 2004
ADDRESS: for premises at: Winter Street
PETITION: 2004-013
North Andover, MA 01845
TYPING DATE: July 21, 2004
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 13, 2004
at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application of
Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter Street (Map 103 Parcel
120) North Andover, requesting Variance from Section 7, Paragraphs 7. 1.1 for Contiguous Buildable Area,
7.2 & Table 2, for Street Frontage, and 7.3 & Table 2 for dimensional relief of yard setbacks in order to
construct a single-family home. Said premises affected is property with frontage on the South side of Winter
Street within the R-1 zoning district. The legal notices were published in the Eagle Tribune on May 24 & 31,
2004.
The following members were present: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard
J. Byers.
Upon a motion by John M. Pallone and 2°d by Richard J. Byers, the Board voted to GRANT the dimensional
Variance from Section 7, Paragraph 7. 1.1 of the Zoning Bylaw for relief of 9,190 sq. ft. of contiguous
buildable area per Plan of Land in North Andover, Massachusetts as prepared for Santo & Anne Messina,
Date May 4, 2004, Revisions 5/18/04 Added Sheet 2, 7/13/04 Req'd Buildable Area Note Added, Job No. 04-
27 F. B. 69/02, by Joseph J. Serwatka, Registered Professional Civil Engineer #36981, Pembroke Land
Survey Co., P. O. Box 205, Salem, New Hampshire 03079, on the following conditions:
1. DPW extends Winter Street along the frontage line of Map 103, Parcel 120.
2. The Mylar shall consolidate the information from the above May 4, 2004, and 7/13/04 revision
sheets 1 & 2 in order to show the proposed building envelope, the building's dimensions and
setbacks from the lot lines, the available contiguous buildable area and the Registered
Professional seal
3. This lot, Map 103 Parcel 120, shall not be further subdivided.
4. Claude & Laura Elias shall submit a letter of authorization from Santo & Anne Messina for
the ZBA files.
Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers.
The Board finds that the 7/13/04 Sheet 2, the proposed building envelope as shown does not require relief
from Section 7, Paragraph 7.3 and Table 2 and if Winter Street is extended, then the applicant does nofWeed
relief from Section 7, Paragraph 7.2 and Table 2. Also, the Board finds that the applicant has satisfied -ie
provisions of Section '10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance w¬
adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw.
PQ
- CG
Pagel of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the
grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special
Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year
period from the date on which the Special Permit was granted unless substantial use or construction has
commenced, it shall lapse and may be reestablished only after notice, and a new hearing.
Town of North Andover
Board of Appeals,
Ellen P. McIntyre, Chair
2004-013.
M103B120.
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
d4tt)e, P/�u�r� c VOLS
W. �+p r s��� ►� io 3 P � aD
0
Town of Norte Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Joseph J. Serwatka, P.E.
Post Office Box 1016
North Andover, Massachusetts
01845-1016
RE: Winter Street, Map 103, Parcel 120
North Andover, Massachusetts 01845
Telephone (9 7 8) 688-9541
Fax (978) 688-9542
June 16, 2005
Regarding your request for a six (6) month extension of your Variance 2004-013:
Please be advised that the Zoning Board of Appeals approved a six (6) month extension relative to the;
premises affected at Winter Street, Map 103, Parcel 120, North Andover, Massachusetts.
The Zoning Board of Appeals voted to extend for a period of six -months the Variance granted by th6'2004-
013 decision from July 13, 2005 to December 13, 2005 at the regular June 14, 2005 meeting upon a motion i
by Richard J. Byers and 2' by Thomas D. Ippolito. Mass. Gen.. L., ch. 40A, §10 allows the Variancir! _
permit granting authority to "extend the time for exercise of such rights for a period not to exceed sik-;
months". Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Mar►ziII,
and Thomas D. Ippolito. =. r Fy
rn r -
u, J
Town Clerk
ZBA file 2004-013 & 035
M103P120.
r:.
Ellen P. McIntyre, Chair
Zoning Board of Appeals
t�
co
ATTEST:
A True Copy
Town Clerk
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 97M88-9530 Health 978-688-9540 Planning 978-688-9535
Town of, North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk
Telephone (978) 688-9541
This is toFC:MlgAi Agri W days.
have elapsed from date of decision, filed
without filing of an ppeal.
Notice of Decision Date �� 'SOS
.Iayee A, Bmdehaw
Year 2004 Town QI@fkE
Property at: for premises at: Winter Street
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 13, 200.4
at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application Of,
Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter Street (Map 103 Parcel
/ 120) North Andover, requesting Variance from Section 7, Paragraphs 7. 1.1 for Contiguous Buildable Area,
f✓ 7.2 & Table 2, for Street Frontage, and 7.3 & Table 2 for dimensional relief of yard setbacks in order to'. `',;:;,'
construct a single-family home. Said premises affected is property with frontage on the South side of WWi r
Street v. ithin the R 1 zoning district. The legal notices were published in the Eagle Tribune on May 24 a=31,
2004.
The following members were present: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richpt�d
J. Byers.'„
Upon a motion by John M. Pallone and 2d by Richard J. Byers, the Board voted to GRANT the dimensional
Variance from Section 7, Paragraph 7. 1.1 of the Zoning By':aw for relief of 9,190 sq. ft. of contiguous
buildable area per Plan of Land in North Andover, Massachusetts as prepared for Santo & Anne Messina,
Date May 4, 2004, Revisions 5/18/04 Added Sheet 2, 7/13/04 Req'd Buildable Area Note Added, Job No. 04-
27 F. B. 69/02, by Joseph J. Serwatka, Registered Professional Civil Engineer #36981, Pembroke Land
Survey Co., P. O. Box 205, Salem, New Hampshire 03079, on the following conditions:
1. DPW extends Winter Street along the frontage line of Map 103, Parcel 120.
2. The Mylar shall consolidate the information from the above May 4, 2004, and 7/13/04 revision
sheets 1 & 2 in order to show the proposed building envelope, the building's dimensions and
setbacks from the lot lines, the available contiguous buildable area and the Registered
Professional seal.
3. This lot, Map 103 Parcel 120, shall not be further subdivided.
4. Claude & Laura Elias shall submit a letter of authorization from Santo & Anne Messina for
the ZBA files.
Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers.
c�r
N
0
w
D
The Board finds that the 7/13/04 Sheet 2, the proposed building envelope as shown does not require relief
from Section 7, Paragraph 7.3 and Table 2 and if Winter Street is extended, then the applicant does nof&ed
relief from Section 7, Paragraph 7.2 and Table 2. Also, the Board finds that the applicant has satisfied Me
provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance wiWnot
adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw.
N -�
—� C7 —
Page 1 of 2
ATTEST: l~7
4 ---
\ True Copy
Town Clerk
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
NAME: Claude & Laura Elias, 119 Hooker Farm
Road, Salem, NH
HEARING(S): June 8 & July 13, 2004
ADDRESS: for premises at: Winter Street
PETITION: 2004-013
North Andover, MA 01845
TYPING DATE: July 21, 2004
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 13, 200.4
at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application Of,
Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter Street (Map 103 Parcel
/ 120) North Andover, requesting Variance from Section 7, Paragraphs 7. 1.1 for Contiguous Buildable Area,
f✓ 7.2 & Table 2, for Street Frontage, and 7.3 & Table 2 for dimensional relief of yard setbacks in order to'. `',;:;,'
construct a single-family home. Said premises affected is property with frontage on the South side of WWi r
Street v. ithin the R 1 zoning district. The legal notices were published in the Eagle Tribune on May 24 a=31,
2004.
The following members were present: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richpt�d
J. Byers.'„
Upon a motion by John M. Pallone and 2d by Richard J. Byers, the Board voted to GRANT the dimensional
Variance from Section 7, Paragraph 7. 1.1 of the Zoning By':aw for relief of 9,190 sq. ft. of contiguous
buildable area per Plan of Land in North Andover, Massachusetts as prepared for Santo & Anne Messina,
Date May 4, 2004, Revisions 5/18/04 Added Sheet 2, 7/13/04 Req'd Buildable Area Note Added, Job No. 04-
27 F. B. 69/02, by Joseph J. Serwatka, Registered Professional Civil Engineer #36981, Pembroke Land
Survey Co., P. O. Box 205, Salem, New Hampshire 03079, on the following conditions:
1. DPW extends Winter Street along the frontage line of Map 103, Parcel 120.
2. The Mylar shall consolidate the information from the above May 4, 2004, and 7/13/04 revision
sheets 1 & 2 in order to show the proposed building envelope, the building's dimensions and
setbacks from the lot lines, the available contiguous buildable area and the Registered
Professional seal.
3. This lot, Map 103 Parcel 120, shall not be further subdivided.
4. Claude & Laura Elias shall submit a letter of authorization from Santo & Anne Messina for
the ZBA files.
Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers.
c�r
N
0
w
D
The Board finds that the 7/13/04 Sheet 2, the proposed building envelope as shown does not require relief
from Section 7, Paragraph 7.3 and Table 2 and if Winter Street is extended, then the applicant does nof&ed
relief from Section 7, Paragraph 7.2 and Table 2. Also, the Board finds that the applicant has satisfied Me
provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance wiWnot
adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw.
N -�
—� C7 —
Page 1 of 2
ATTEST: l~7
4 ---
\ True Copy
Town Clerk
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
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the
grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special
Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year
period from the date on which the Special Permit was granted unless substantial use or construction has
commenced, it shall lapse and may be re-established only after notice, and a new hearing.
Town of North Andover
Board of Appeals,
Ellen P. McIntyre, Chair
2004-013.
M103P120.
Page 2 of 2
'Board of Appals 978-688-9541 Building 978-688-9545 Conservation 978-099-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover , NORTH
Office of the Zoning Board of Appeals F?
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 �SSACHUSEt
D. Robert Nicetta Telephone (978) 688-9541
B01ding Commissioner Fax (978) 688-9542
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main Street, North Andover, MA on Tuesday the 8th of June, 2004 at 7:30
PM to all parties interested in the appeal of Claude & Laura Elias, 119 Hooker Farm
Road, Salem, NH, for premises at: Winter Street (Map 103 Parcel 120) North Andover,
requesting Variance from Section 7, Paragraphs 7. 1.1 for Contiguous Buildable Area, 7.2
& Table 2, for Street Frontage, and 7.3 & Table 2 for dimensional relief of yard setbacks
in order to construct a single-family home.
Said premises affected is property with frontage on the South side of Winter Street within
the R-1 zoning district.
Plans are available for review at the office of the Building Department 27 Charles Street,
North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on May 24 & 31, 2004.
Legalnotice 2004-013.
M103PI20.
_
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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
I
Town of North Andover f ,,ORT„
O .0It. '.
Office of the Zoning Board of Appeals �_ °z'- �`a
Community Development and Services Division x
27 Charles Street '� �°
North Andover, Massachusetts 01845 'SS,c►+us�`
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main Street, North Andover, MA on Tuesday the 8th of June, 2004 at 7:30
PM to all parties interested in the appeal of Claude & Laura Elias, 119 Hooker Farm
Road, Salem, NH, for premises at: Winter Street (Map 103 Parcel 120) North Andover,
requesting Variance from Section 7, Paragraphs 7. 1.1 for Contiguous Buildable Area, 7.2
& Table 2, for Street Frontage, and 7.3 & Table 2 for dimensional relief of yard setbacks
in order to construct a single-family home.
Said premises affected is property with frontage on the South side of Winter Street within
the R-1 zoning district.
Plans are available forievfew at the office of the Building Department 27 Charles Street,
North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on May 24 & 31, 2004.
Legalnotice 2004-013:
M103P120.
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
No.: /
Date -!x
° `` `° °• "°� TOWN OF. NORTH ANDOVER
o
F
p V
BUILDING DEPARTMENT
SSNCMUSE
Building/Frame Permit Fee $
cep.col
Foundation. Permit Fee $
Other Permit Fee Cv, -s Clb t
1
Olt
.
1 ^^yy
Btrildifi inspec r
zBA 195
..,3Date .�. �./........ 49�.
TOWN OF NORTH ANDOVER
RECEIPT
This certifies that ...��t.�f+��'.....1.!.!!.....I..QL-j�,............................
has paid 4:Z'..0 1) ...... !..Tit... i...! ...!— !............................
vn!U5 t
.�.e...� l 013
Receivedby ......... !..... -'!1 ..................................................
Department.........................................................................
WHITE: Applicant CANARY: Department PINK: Treasurer
Town of North Andover r %ORTN
p iT,.ao a• �O
Office of the Zoning Board of Appeals 0_°;,
a. Community Development and Services Division
400 Osgood Street
�/ '++too J�•
North Andover, Massachusetts 01845 'ss�cause�
D. Robert Nicetta
Building Commissioner Telephone (978) 688-9541
Fax (978)688-9542
June 16, 2005
Joseph J. Serwatka, P.E.
Post Office Box 1016
North Andover, Massachusetts
r '
01845-1016
c
RE: Winter Street, Map 103, Parcel 120
f ' <
North Andover, Massachusetts 01845
'. Cn t
ME
Regarding your request for a six (6) month extension of your Variance 2004-013:1
Please be advised that the Zoning Board of Appeals approved a six (6) month extension relative to the
premises affected at Winter Street, Map 103, Parcel 120, North Andover, Massachusetts.
The Zoning Board of Appeals voted to extend for a period of six -months the Variance granted by the 2004-
013 decision from July 13, 2005 to December 13, 2005 at the regular June 14, 2005 meeting upon a motion
by Richard J. Byers and 2d by Thomas D. Ippolito. Mass. Gen. L., ch. 40A, § 10 allows the Variance
permit granting authority to "extend the time for exercise of such rights for a period not to exceed six
months". Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III,
and Thomas D. Ippolito.
E len P. McIntyre, Chair
Zoning Board of Appeals
cc: Town Clerk
ZBA file 2004-013 & 035
M103P120.
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
JUN -06-2005 10:55 AM JOSEPH J. SERWATKA 1 978 693 6595 P.01
Joseph J. Serwatka, P.E.
post Office Box 1016
North Andover, MA
.978-683-6595
June 5, 2005
Town of North Andover
Zoning Board of Appeals
400 Osgood Street
North Andover, MA 01845
'Re: Winter Street, Map 103, Parcel 120
Request for Extension of Variance
Dear Board Members.
On behalf of Claude and Laura Elias, I respectfully request an extension of
petition number 2004-013, typing date July 21, 2004, The Board granted variances to
allow for the construction of a single family dwelling on the 13 acre lot. Dae to a
discrepancy in the legal notice, we had to return to the Board in January 2005 for the
granting of an additional variance (2004-035). Only after that variance was granted could
we then proceed with the hearing and approval process before the Conservation
Commission and Planning Board. We, have received orders of conditions from the
conservation commission, and only await final signatures from the planning board. At
this point it appears impossible that the architect can proceed to final construction
drawings in order to obtain a building permit before petition 2004-013 expires. We
therefore respectfully request an extension of this petition to allow for plan preparation
and review by the building inspector.
Should you have any question concerning this letter, please contact me.
Sincerely,
4
Josep . Serwatka, P.E.
Cc: Claude & Lam Elias
S ��
Town of- North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk
Notice of Decision
Year 2004
Telephone (978) 688-9541
Fax (978) 688-9542
Proaerty at: for premises at: Winter Street
NAME: Claude & Laura Elias, 119 Hooker Farm
Road, Salem, NH
HEARING(S): June 8 & July 13, 2004
ADDRESS: for premises at: Winter Street
PETITION: 2004-013
North Andover, MA 01845
TYPING DATE: July 21, 2004
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 13, 2004
at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application of
Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter Street (Map 103 Parcel
120) North Andover, requesting Variance from Section 7, Paragraphs 7. 1.1 for Contiguous Buildable Area,
7.2 & Table 2, for Street Frontage, and 7.3 & Table 2 for dimensional relief of yard setbacks in order to
construct a single-family home. Said premises affected is property with frontage on the South side of Winter
Street within the R 1 zoning district. The legal notices were published in the Eagle Tribune on May 24 & 31,
2004.
The following members were present: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard
J. Byers.
Upon a motion by John M. Pallone and 2nd by Richard J. Byers, the Board voted to GRANT the dimensional
Variance from Section 7, Paragraph 7. 1.1 of the Zoning Bylaw for relief of 9,190 sq. ft. of contiguous
buildable area per Plan of Land in North Andover, Massachusetts as prepared for Santo & Anne Messina,
Date May 4, 2004, Revisions 5/18/04 Added Sheet 2, 7/13/04 Req'd Buildable Area Note Added, Job No. 04-
27 F. B. 69/02, by Joseph J. Serwatka, Registered Professional Civil Engineer #36981, Pembroke Land
Survey Co., P. O. Box 205, Salem, New Hampshire 03079, on the following conditions:
1. DPW extends Winter Street along the frontage line of Map 103, Parcel 120.
2. The Mylar shall consolidate the information from the above May 4, 2004, and 7/13/04 revision
sheets 1 & 2 in order to show the proposed building envelope, the building's dimensions and
setbacks from the lot lines, the available contiguous buildable area and the Registered
Professional seal.
3. This lot, Map 103 Parcel 120, shall not be further subdivided.
4. Claude & Laura Elias shall submit a letter of authorization from Santo & Anne Messina for
the ZBA files.
Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers.
The Board finds that the 7/13/04 Sheet 2, the proposed building envelope as shown does not require relief
from Section 7; Paragraph 7.3 and Table 2 and if Winter Street is extended, then the applicant does nofl eed
relief from Section 7, Paragraph 7.2 and Table 2. Also, the Board finds that the applicant has satisfied $ie
provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance wiWnot
adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw.
N)
Pagel of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the
grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special
Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year
period from the date on which the Special Permit was granted unless substantial use or construction has
commenced, it shall lapse and may be re-established only after notice, and a new hearing.
Town of North Andover
Board of Appeals,
-d� f
Ellen P. McIntyre, Chair
2004-013.
M103P120.
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
AUG -11-2004 12:23 PM JOSEPH J. SERWATKA
July 15, 2004
Santo & Anne Messina
115 Winter Street
North Andover, MA 01845
Town of North Andover
Zoning Board of Appeals
North Andover, MA 01845
To Whom It May Concern:
1 978 683 6595 P.01
We, Santo and Anne Messina grant permission to Joseph Serwatka, P.E., to
represent our interest in the property known as Winter Street. In order to
help us procure variances and permits related to such property. We hope to
give our daughter and son in law, Claude and Laura Elias this property so
they may build a home located next to our home.
Sincerely,
Santo Messina
Anne Messina
NE C E � V N
AUG 112004
BOARD OF APPEALS
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B - Order of Resource Area Delineation 242-1251
1.
Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out From:
forms on the North Andover Conservation
computer, use Conservation Commission
only the tab
key to move This Issuance is for (check one):
your cursor -
do not use the
return key. ® Order of Resource Area Delineation
Q❑ Amended Order of Resource Area Delineation
To: Applicant:
Claude & Laura Elias
Name
119 Hooker Farm Road
Mailing Address
Salem NH 03079
Property Owner (if different from applicant):
Santo & Anna Messina
Name
115 Winter Street
Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
Winter Street North Andover
Street Address City/Town
Map 103 Lot 120
Assessors Map/Plat Number Parcel /Lot Number
2. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plan of Land, Sheets 1 & 2 May 4, 2004,
Title revised 5/18/04
Abbreviated Notice of Resource Area Delineation May 2004
Title Date
Title
3. Dates:
5/13/04
Date Notice of Intent Filed
llll JUL 13 2004 D
5/26/04
5/28/04
Date Public Hearing Closed Date of Issuance
Date
B0ARD0PA`PPr)k J D 13, Page 1of3
Massachusetts Department of Environmental Protection
DEP File Number.
Bureau of Resource Protection - Wetlands
WPA Form 4B — Order of Resource Area Delineation 242-1251
t; Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Order of Delineation
The Conservation Commission has determined the following (check whichever is applicable):
® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice
of Resource Area Delineation are accurately drawn for the following resource area(s): -
® Bordering Vegetated Wetlands
® Other Resource Area(s), specifically:
Associated buffer zones (25 -foot No -Disturbance, 50 -foot No -Build, and 100 -foot buffer zones).
❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the
Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area
Delineation, are accurately drawn from the following resource area(s):
❑ Bordering Vegetated Wetlands
❑ Other Resource Area(s), specifically:
❑ Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated Notice of
Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following
resource area(s):
❑ Bordering Vegetated Wetlands
❑ Other Resource Area(s), specifically:
The boundaries were determined to be inaccurate because:
PpECE91W
ii ii
3 2004
�uipa i i�OrJ�reb C2115t= L 0' Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B Order of Resource Area Delineations- /;S/
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Order.of Delineation (cont.)
This Order of Resource Area Delineation determines the boundaries of those resource areas noted above
and is binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act
(M.G.L. c.131, § 40) and its regulations (310 CMR 10.00) regarding such boundaries. This Order does
not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not
specifically noted above, regardless of whether such boundaries are contained on the plans attached to
this Order or to the Abbreviated Notice of Resource Area Delineation. -
This Order must be signed by a majority of the Conservation Commission. The Ord be sent by
certified mail (return receipt requested) or hand delivered to the applicant. A y also must be mailed or
hand delivered at the same time to the appropriate DEP Regional Offic pendix A)
This Order is valid for three years from the date of issuance.
This Order is issued to the applicant and the property owner (if different) as follows:
❑ by hand delivery on E3/by certified mail, return receipt requested on
Date
C. Appeals
s/a �% y
Date
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office (see Appendix A) to issue a Superseding Order
of Resource Area Delineation. The request must be made by certified mail or hand delivery to the
Department, with the appropriate filing fee and a completed Appendix E: Request for Departmental Action
Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of
issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand
delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.
The, request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the. extent that the Order is based on a municipal bylaw or ordinance, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate
jurisdiction.
wpaform4b.doc • rev. 12/15/00 Page 3 of 3
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Servi cf
27 Charles Street' 10'Al N C L R K
- -11-1
North Andover, Massachusetts 0185 1- H A�4DOVH� 4- CH
D. Robert Nicetta Teloohom, (978) 688-9541
Building ('01111111SS1017er I I A�".,'4b (978) 688-9542
Date
TO: Town of North Andover
Zoning Board of Appeals
.27 Charles Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance<1 Pelt
Comprehensive Permit (40B)
Finding
for property located at:
STREET: 5f Y-e4f
MAP: ID3 PARCEL: 19,6
TOWN: Ab'r4
TO MEETING DATE(S): 3 (k
NAME OF PETITIONER: la L, 4,
Signed:
WAIVER
Boaivol 41'0 s 978- 688-9541
IJUN8 - 2004
BOARD OF APPEALS
Building 978-688-9545 Cunservation978-688-9530 Health 978-688-9540 Phnjiimg979-688-9535
"'00.q-
'00.q- o Ili
TOWN -OF NORTH ANDOVER
ZONING BOARD OF APPEALS
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be
submitted thirty (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
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).
STEP 5: 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.
1P
VAR'AN V-�_.^ �� F f Su V Of,1V
Ac U
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.
... -.-....;....a:..;;.d...;..,a.:..:........... ....:" Ili ..........:..........a..'I..;...:..:....ill. ;... Ilia :a.a;.;;. z-- a......u.;;.;..,..;.a;Ila
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
PAGE 1 of 4
978-688-9501 Town Clerk's Office
978-688-9566 Assessor's Office
�W
D
IVINY 1 3 2004
BOARD OF APPEALS
Page 2 of 4
Application for a VARIAN C E
Y
Zoning Board of Appeals
1. Petitioner: Name, add ess and telephone number:
�
'The petitioner shall be entered on the legal notice and the
as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this
I/
_lt' V�iN�� Sig, Iva• �D�v��', 1�1- �t� �l'l�'-��'. --3�2�
Years Owned Land:
3. Location of Property:
a. Street: W) NTC-- Zoning District
b. Assessors: Map number 49. Lot Number: i20
c. Registry of Deeds: Book Number J�'3( Page Number:
4. Zoning Sections under which the petition for the Variance is made.
*Refer to the Permit Denial and Zoning By -Law Plan Review as suppli€d by the Building
5. Describe the Variance request
V,1,A_A 4-rJi7 L A. T-=r�RS.4EY? r1'-�rEc7_10tAi V,9 p—!G'� h�o Z:�eN
*The above description shall be dsed for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in
a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve
additional items not included above.
6a, Difference from Zoning By -Law requirements:
Zoning By -Law Requirements. (A and B are in the case of a lot split)
Lot Area Open Space Percent Lot Frontage: Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front
4. %
Ipdicate the dimensions that will not meet current
Minimum Lot set Back *
Side A Side B Rear
014
Page 3 of 4Application for a VARIANCE
..Zoning Board of Appeals
6. b. Existing Lot:
Lot Area Open Space Percent Lot
Frontage
Parking
*
Minimum
Lot set
Back
Sq. Ft. Sq. Ft. Coverage
Feet
Spaces
Front
Side A
Side B
Rear
%
c. Proposed Lot (S):
Lot Area Open Space Percent Lot
Frontage
Parking
`
Minimum Lot set Back'
Sq. Ft. ' Sq. Ft. Coverage
Feet
Spaces
Front
Side A
Side B
Rear
%
17-530
6
30
oc
oo.
d. Required Lot: (As required by Zoning
By -Law)
Lot Area Open Space Percent Lot
Frontage
Parking
*
Minimum Lot set Back `
Sq. Ft. Sq. Ft. Coverage
Feet
Spaces
Front
Side A
Side B
Rear
I-20 %
175
30
_
7. a. Existing Buildings:
Ground Floor Number of Total
Use of
Square feet Floors Sq. feet
Building*
*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*
*Reference Uses from the Zoning By - Law. State number of units in building
6. 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 Zoninq Board of this application as incomntete
4S
Street:. . , ..
Zoning Bylaw Review Form
Map/Lot•
Town Of North Andover Building Department
+F 04 iK:s Rk P' qi
q,ro
mss"`""sfi�
27 Charles St. North Andover, MA. 01845
Request-
Phone 978-688-9545' Fax 978-688-9542
Street:. . , ..
...._ ... _.Gl,//h f /2.. ......� .. _. _ ...... ..
Map/Lot•
/ b 3 /d a
Applicant:
5(� 10_t_'. o
Request-
S / / E T.a- ki f kq 7? w -e ! / ti
Date:
F
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning 0l� —
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item
Notes
C-r'l ? Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
1=-1 7 Variance for 40 fz_ \ o o + a & IF—
1
Lot area Insufficient
Independent Elderly Housing Special Permit
1
Frontage Insufficient
y s
2
Lot Area Preexisting
Planned Residential Special Permit
2
Frontage Complies
Special permit for preexisting
nonconformin
3
1 Lot Area Complies
e s
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed
S
G
Contiguous Building Area
2
1 Not Allowed
1
Insufficient Area
y e S
3
Use Preexisting
2
1 Complies
4
Special Permit Required
S
3
Preexisting CBA
5
Insufficient Information
4
- Insufficient Information
C
Setback
H
Building Height
1
I All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
4-1 e S
5
Rear Insufficient
l
Building Coverage
6
1 Preexisting setbacks}
1
1 Coverage exceeds maximum
7
Insufficient Information
2
Coverage. Complies.
y s
D
Watershed
3
Coverage Preexisting
1
Not in Watershed.
-
4
Insufficient Information
2
In Watershed
y e S
,j
Sign
pr .
3
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
-E
Historic District
K
Parking
N
1
In District review required
1
More Parking Required
2
Not in district
t° S
2
Parking Complies
3.
Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item # Variance
Site Plan Review Special, Permit
C-r'l ? Setback Variance
Access other than Frontage special Permit
Parking Variance.
F -I Frontage Exception Lot Special Permit
Lot Area Variance
Common Driveway Special Permit
Height Variance
Congregate Housing Special Permit
1=-1 7 Variance for 40 fz_ \ o o + a & IF—
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 for preexisting
nonconformin
Watershed Special Permit
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 vernal explanations by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for Any inaccuracies, misleading information, or other subsequent
changes to the information submitted by the applicant shall be 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 above file. You must file a new permit
application form and begin the. permitting process.
wilding Department Official Signat,e Application Received Appkatio6 Denied
Plan Review Narrative
The following narrative is provided to further, explain the,.,reasons for,DENIAL for the
APPLICATION for the property indicated on the reverse side:
Referred To:
Fire
Health
Police
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Conservation
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Referred To:
Fire
Health
Police
x Zoning Board
Conservation
Department of Public Works
n
Historical Commission
Other
Other
Building Department
DJ
Joseph J. Serwatka, P.E.
Post Office Box 1016
North Andover, MA
978-683-6595
May 12, 2004
North Andover Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: Map 103, Lot 120
Variance Request
Dear Board Members:
Relative to the attached variance requests for map 103, lot 120,. I offer the
following:
The applicants, Claude & Laura Elias seek zoning relief from several sections of
the Town of North Andover Zoning by-law based on a plan review and denial by the
Building Inspector. First, relief is sought from section 7.1.1 relative to the requirements
for CBA, or contiguous buildable area. The subject lot, though nearly 13 acres in overall
size, has 56,150 square feet of CBA. That is about 9,000 square feet short of the required
CBA of 65,340 square feet.
Second, relief is sought from the requirements of section 4.136(3c) of the by-law
relative to buffer zone restrictions in -the Watershed Protection District. Extensive beaver
activity on the lot has created a vast area of water impoundment, leaving a little more
than one acre of uplands. Strict enforcement of the 150 foot non -disturbance buffer zone
would render the entire uplands non -buildable, creating a severe financial hardship for
the applicants and their family. Relief is requested -,to allow -for the construction of a
single family dwelling and -yard in the buffer zone(s).
Third, the Building Inspector has correctly stated that, as it currently exists, the
subject lot does not have adequate street frontage. The subject lot has more than 600 feet
of frontage on Winter Street, but Winter .Street is a non -improved way. We understand
this, and have already met informally with the Planning Board to discuss improvements
plans for Winter Street in order to create adequate access and frontage. It is our intent to
submit Definitive Subdivision Plans to the Planning Board for limited improvements (i.e.
pavement, water line) to Winter Street. So while it is true that the lot does not have
adequate frontage at this time, it is our intent to provide adequate frontage via permitting
through the Planning Board and Conservation Commission.
Fourth, and finally, the Building Inspector has stated that the plan does not show
setbacks to front side and rear lot lines. We are able to provide compliant setbacks if
10
relief is granted from the above-mentioned sections of the by-law. If relief is not granted
from sections 7.1.1 and 4.136, then the issue of setbacks is mute. We respectfully request
relief from the requested sections of the by-law, and will thus be able to comply with
applicable setbacks.
Written documentation
A. The particular use proposed for the land or structure.
The lot (map 103, lot 120) is being gifted from Santo & Anne Messina to their
daughter Laura, her husband Claude, and their two sons. The lot is the remainder of a
larger parcel that has been owned by the Messinas for nearly forty five years. Two of the
Messina's other children have constructed homes on the parcel, as shown on the attached
plan. It is Laura and Claude's desire to construct a single family dwelling on lot 120, in
part to be closer to their other family members.
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.
Lot 120, although nearly 13 acres in size, has less than the required amount of
minimum CBA (contiguous buildable area) for the underlying zoning district, which is
two acre minimum. The minimum required CBA for the district is 65,340 square feet,
whereas lot 120 has 56,150 square feet of CBA, or 9,190 square feet less than required.
The entire Messina parcel was subdivided in 1985 to contain 7 lots. To date, two lots
have been utilized by Messina's children. If the Board approves this variance, a third, and
last possible lot will be utilized by a Messina child, out the original 7 lot subdivision.
Beaver activity in the wet meadow on lot 120 has inundated the lot except for the
CBA shown on the attached plan. This inundation makes it impossible to comply with
section 4.136 relative to non -disturbance buffer zone without making the 13 acre parcel
non -buildable. It appears that the inundation cannot get any worse, given the controls
installed by the town of North Andover at their pumping station. However, it is entirely
possible that lot 120 once contained the required CBA and upland necessary to comply
with Watershed restrictions.
It should be noted that the 7 lot subdivision was created in March 1985, one year
prior to the Town implementing section 7. 1.1 relative to CBA. Notwithstanding the
restrictions imposed by section 7.1.1, the Town has also subsequently adopted the
Watershed District with additional guidelines for development.
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.
Quite simply, if the Board denies this variance, Santo Messina's daughter, son-in-
law, and grandchildren will have to look for another community in which to buildibuy a
.1P
home. Without the gift of land from a generous and loving father/father-in-law, Laura,
Claude and their children would not be able to build a home on Winter Street, which
contains much of the Messina family, children and grandchildren.
Without putting words in Santo Messina's mouth, it would appear that he bought
the land in 1960 with the intent of providing for his children in the future. In effect, he
took away the financial burden of purchasing land in North Andover by gifting parcels to
his children. I can think of no nobler a cause than for a man to provide for his children
and grandchildren. Literal enforcement of the zoning restriction will impose a severe
financial hardship on the Messina family, their children and grandchildren.
D. Facts relied upon to support a finding that relief sought will be desireable and
without substantial detriment to the public good
The relief sought would allow Santo Messina's children and grandchildren to
build a home in the community and, in fact, be his neighbors. The home would be
situated at the end of a dead-end street, on a parcel containing nearly thirteen acres. The
relief sought would, in fact, be in the interest of the public good. The relief sought would
allow the Messina/Elias families to stay in the community that they have been such a
vital part of, and continue to support the public good.
K 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 relief sought will not derogate from the intent or purpose of the ordinance.
The ordinance requires 65,340 square feet of CBA, whereas 56,150 square feet of CBA is
available. The intent of the ordinance is to provide adequate contiguous buildable area, or
upland, on which to site a house, yard, etc. The CBA requirement, however, is opposed,
in effect, by the requirements/restrictions of the Watershed Protection District. Literal
enforcement of the 150 foot non -disturbance buffer zone would render the lot non -
buildable. The Conservation Commission's 50 foot no -build zone effectively removes
nearly 23,000 square feet of CBA from the mix. The resulting area for development,
though reduced, is still adequate, in my opinion, to site a four-bedroom dwelling with
yard. The intent of the ordinance, I believe, is still fulfilled by allowing responsible
development, while preserving nearly 12 acres of wetland habitat.
Relief, therefore, is necessary from the requirements of CBA and the non-
disturbance zone associated with the Watershed Protection District. The applicant would
seek relief so that a four bedroom home and yard could be built. All disturbances will be
as far from the edge of wetlands as is possible. It is anticipated that all site development
could be kept outside of the 50 foot no -build zone as shown on the plan.
F. Submit RDA from Conservation Commission when Contiguous Buildable Area is
applied for in ZBA application.
An ANRAD has been submitted to the Conservation Commission for approval of
the wetlands delineation. It is anticipated that we will have the RDA available at the
public hearing for the variance application.
We thank you in advance for your anticipated thoughtful review of this material
and look forward to meeting with the Board on June 8, 2004.
Sincerely,
Jo eph J. Serwatka, P.E.
Abutter to Abutter ( ) 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 of every abutting city or town."
Subject Property:
MAP PARCEL Name Address
103 120 Santo & Anne Messina 115 Winter Street North Andover, MA 01845
Abutters Properties
Map
Parcel
. Name
Address
103
20
VICIO Diane Scully
808 Great Pond Road
North Andover, MA 01845
103
33
✓John Mange
759 Great Pond Road
North Andover, MA 01845
103
99
t, -David Williams
140 Winter Street
North Andover, MA 01845
103
110
�,Stephen Scully Trustee
767 Great Pond Road
North Andover, MA 01845
103
114
✓Peter O'Neill
50 Bridle Path
North Andover, MA 01845
103
115—Margaret
Walker
10 Bridle Path
North Andover, MA 01845
103
116
SJJ Trust
PO Box 302
Lawrence, MA 01842
103
117
SJJ Trust
PO Box 302
Lawrence, MA 01842
103
118
Laurie Messina Trustee
129 Winter Street
North Andover, MA 01845
103
119
V,Xary Messina
115 Winter Street
North Andover, MA 01845
103
120
L_,8anto & Anne Messina
115 Winter Street
North Andover, MA 01845
103
131
SJJ Trust
PO Box 302
Lawrence, MA 01842
63
2
WeiDeng
35 Bridle Path Lane
North Andover, MA 01845
63
4
✓Wei
Deng
35 Bridle Path Lane
North Andover, MA 01845
63
5
lID V & A M Crabtree Trustees
49 Bridle Path Lane
North Andover, MA 01845
63
17
G, --dames Medeiros
63 Bridle Path Lane
North Andover, MA 01845
63
23
mes Walker
10 Bridle Path Lane
North Andover, MA 01845
63
39
y, e' u fAt Walter Johnson III
747 Great Pond Road
North Andover, MA 01845
104.0
13
VPaul Hayes
PO Box 531
North Andover, MA 01845
104.0
17
1/Richard Balmas
96 Bridle Path Lane
North Andover, MA 01845
104.0
72
v9elevis Trs, R J & G L Subatch
100 Bridle Path Lane
North Andover, MA 01845
104.0
90
✓Phomas Greaves
103 Bridle Path Lane
North Andover, MA 01845
104.0
91
re Sharon Hayes
89 Bridle Path Lane
North Andover, MA 01845
104.0
92
✓Mary Burke
75 Bridle Path Lane
North Andover, MA 01845
Page 1 of 1
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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:
I) Size of plan: Ten (10 ) paper copies of a plan
not to exceed 11"x17", preferred scale of 1"=40'
II) 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:
I) 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.
II) 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.