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KAREN 9T.NELSON F� `' ' � Town Of 120 Main Street, 01845
0ireclor (508) 682.6483
NORTH ,ANDOVER
BUILDING �a��`;a�`°
CONSERVATION [VISION of
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
MEMORANDUM
To: Bill Sullivan, Chairman, Board of Appeals
From: Kathleen Bradley Colwell , Town Planner
Date: December 9 , 1994
Re: Lots 1 and 2 Blue Ridge Road
You have asked me to review the variance request for Lots 1
and 2 Blue Ridge Road. Both the Planning and Conservation Staff
have reviewed this site on several different occasions. The
Staff' s response to potential buyers of the property has always
been that thit site is a frontage exception lot appropriate for one
home. At one point we spoke with White Birch Construction, the
previous owners of the property, and First City Development, the
developers of the final lots on the back side of Bear Hill Road
regarding the possibility of moving the area of the proposed ROW so
that there would have been a possibility of accessing the lot
without crossing any wetlands. As this land swap never occurred,
this lot remains appropriate for one home only.
Upon closer review of the plans submitted to the ZBA, I have
the following comments:
1. Review of the plan shows that the lot in question is
landlocked by a parcel noted as "Way Per Landcourt Plan
36903U11 . Review of the endorsed and approved subdivision plan
recorded as Plan #10883 shows this stub of land as "Private
R.O.W. for Possible Future Roadway" . According to this plan
and to the available Planning Board files on this subdivision,
no roadway was ever approved for this site, it was simply
reserved as an area for future access. This presents some
potential problems to the applicant.
a. Without frontage on a public way, questions should be
raised regarding access to the lot. The applicant should
be required to submit information regarding rights of
access across the proposed ROW.
b. The lot is not in fact a conforming frontage exception
lot as it does not have frontage on a public way and does
not have adequate area as 6 acres is required and the lot
contains only 5. 5 acres .
C. Most importantly however, even if the ZBA grants the
variance, the Planning Board would not be able to endorse
an approval not required plan creating the two lots as a
••.a ei�.v.1.uL'ii:.,.:s.y:i..;:.�;?1 Y{�iiiia':iti i."2ytiliiiM:<c Mti b5119+kaYA,idsaJ,s.:,ra 55wuvv.:/.-.).is�...sriYw..wa
r !
lot must have sufficient frontage on a public .way.
Therefore the applicant must come before the Planning
Board regardless of the ZBA decision in order to create
two lots.
2 . If a determination is made that the parcel labeled "Private
ROW for Possible Future Roadway" is in fact a public way, I
would still urge you to deny the variance request. By
granting the request, the Planning Board would be forced to
endorse an approval not required plan (disregarding wetland
issues) . Therefore, in effect, the ZBA would be creating a
subdivision which is in the domain an power of the Planning
Board, not the ZBA.
3 . If the applicant came before the Planning Board for
subdivision approval , it is within the Board' s powers to waive
construction of a standard size roadway, thereby, in effect,
creating a driveway. There is no guarantee that the Planning
Board would waive the requirements however it is a
possibility.
4 . The applicant' s have presented a common driveway plan to the
ZBA. The creation of a common driveway requires a special
permit from the Planning Board. A common driveway is not as
of right, it is only granted under special circumstances.
In conclusion, in my opinion, given the current information before
me, the lot in question does not have frontage on a public way.
Given this, the granting of a variance will not effect the
applicant' s need to come before the Planning Board for the creation
of the lots. If the lot does have legal frontage, in my opinion,
the ZBA should not grant the variance because it would be in effect
creating a subdivision which is in the domain of the Planning
Board, not the ZBA. Finally, the granting of a variance from a
required 175 feet to 25 feet is excessive and sets a poor
precedent.
CC. G. Perna, Acting Dir PCD
B. Nicetta, Building Insp.
Planning Board
blueridge. zba
Parties of interest Map 65 Parcel 2
Frank & Joann Stewart, 101 Marbleridge Road, No. Andover, MA 01845
MAP NAME STREET CITY
65/102 Louis & Beverly 7 Blue Ridge Road No. Andover, MA 01845
Pascarella
i
� 65/103 Peter C Y Li 51 Bailey St. Andover, MA 01810
65/104 Gregory Stein & Christine 3 Kendall Road Tewksbury, MA 01876
McClave
65/105 Shelia Alvarez 11 Treetop Lane Danvers, MA 01923
65/106 Glenn & Nancy Leach 89 Blue Ridge Road No. Andover, MA 01845
, 65/119 Brian & Cynthia Mitchell 29 Blue Ridge Road No. Andover, MA 01845
• 65/128 Curtis & Michele Skane 84 Pine Ridge Road No. Andover, MA 01845
65/129 Barbara Myers Nicholas 92 Pine Ridge Road No. Andover, MA 01845
Varoutros
< 65/130 & 79 Edward Yang 107 Pleasant Hill Lane Carlisle, MA 01741
65/198,197 First City Dev. Corp 85 East Indian Row Boston, MA 02110
Suite 29B
• 65/199 Belford Construction Co. 221 Blue Ridge Road No. Andover, MA 01845
65/201 & 200 Kelloway Dev, Corp 136 Castlemere Rd. No. Andover, MA 01845
' 65/202 Copley Dev. Corp, Inc. 50 Copley Drive Methuen, MA 01844
Page 1
y 1 �cxl��•�c .__
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I
ALLARD CONTRACTING
Jonhn L Allard Jr. July 5 1995
1 Harwood RoadLL
}4
Hudson, N.H. 03051
te1. 603-880-8719 xk* 1 E
;
Job: OAR
Frank Stewart
Lot 1
Stewart Lane
North Andover, Mass.
Site Work Schedule
July 13-14 Trim small trees &brush, remove part of stone wall and set aprox. 1601
hay bales and silt fence.
July 17-19 Continue trimming small trees & brush in order to set remaining bails and
silt fence.
July 20 Remove existing material and prep area for new wetlands.
July 21-24 Cut large trees and remove stumps.
July 24-25 Relocate wetlands to new sight. 1
July 26-31 Set 24 in. drainage pipes, waterline and sewer line in old wetland. }
Aug 1-2 Clear remaining stumps and excavate for foundation.
Aug 3-5 Foundation.
Aug 3-5 All trenches elec. , cable, sewer, tel. , water.
Aug7-11 Complete rough grade and gravel driveway.
j }
r
CHRISTIANSENIq INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
1,60 SUMMER STREET HAVER}TILL, MASSAC:FHJSEtT S 01830 (508) 373-0310 FAX: (608) 372-3960
December 12, 1994 � �' '� IJ VY .. '� f
f
Ms. Kathleen Bradley Colwell � n)A
Town Planner t.
120 Main Street 6� II
North Andover, MA 01845
Dear Ms. Colwell:
Attached is a plan which shows how a cul de sac and 2
lots could be created to access the Stewart property. As you
can see, the lots thus created would have adequate frontage
and area.
Also attached is a copy of the deed which describes
Stewart ' s right to use the right of way. Stewart' s intent is
to create two lots from this parcel. The application to the
Board of Appeals would allow the creation of the lot without
creating the roadway shown on the plan. The neighbors in the
area would much prefer the plan presently before the Board of
Appeals than a subdivision roadway and have so stated at
Board of Appeals hearings.
Please call me so we can discuss this matter.
vear ruly yo ads,
' Phil ' Christ `/ nsen
l
PGC; lc
t
White Birch construction, Inc. i!
i
R Corporation duly established under the laws of + j
the state of Delaware CI
and having its usual place of bunineas at !
380 Essex Street, Lawrence, MA
in consideration of One Hundred Thousand and no/100 ($100,000.00) �
Dollars II {{� •
grants to Frank R. Stewart and Joanne M. Stewart, husband and wife,
as tenants by the entirety t
f
of -101 Marblehead Street, North Andover, F;A 01845
with quitclaim covenants (�
The land in North Andover, Massachusetts bounded beginning at a
corner of land now or once of the Town of North Andover and land i
now or once of John Adams; thence running weaterly and W \
Southwesterly with a wall. by land now or once of said Adams and
land now or once of the William Johnston, Jr. Estate, about forty---
four rods to a corner at land now or once ol: Daniel Stevens; thence x V
running Southeasterly and Northeasterly by the wall by land now or
once of said Stevens to the Northwesterly corner of the "Stevens L N
/Meadow" so called, twenty-sixlrods to the corner of land now or S\`
,once of the town aforesaid; thence Northwesterly with the wall
thirty rods to the point of beginning. Containing about five acres
three quarters and two rods. i
Less such lend as conveyed to Coventry Development Corp. by deed +
dated September 21, 1987 recorded with the North Essex Registry of
Deeds in Book 3166, Page 102. i
Said, land•'is being 'Conveyed with the benefit of an casement �Q `
conveyed to the grantor by Coventry Development Corp. by deed dated
'May 5, 1991 and recorded in the North Essex Registry of Deeds onSL
July 1, 1991 as Document 150739 in the •rogietared land section.
Being a portion of the prominen conveyed to us by Bertha C. Kozdran
dated August 4, 1992 and recorded with trorth Essex Registry of
Deeds in Hook 3517, Page 287.
This conveyance does not represent all or substantially all of the
assets of the grantor corporation.
I
In Witneaa Whereof the said White Birch Construction, Inc. .
has caused its corporate Baal to be hereto affixed and those
presents to be signed, acknowledged and delivered in its name and
behalf by James M. Grifoni j
its President and Treasurer hereto duly authorised, this 4th
day of February in the Year one thousand nine hundred and uinetp�
four.
Signed and sealed in Ah��7"OnstruCtio
Inc.
presence of
X,
i
mes fon , \
Preeiden Treeau� r
• V
X
° •nl:.s•1f`1 r -AMEFAMEM
Fy- 4 ) 'ir,s,sss
��is f .,.p s i's'.yc�'i,.�,���'i:�lyy`l sir�^'e.'ft�Ft75�i4,t`�147ts �'•�i t7y4- o �,- ,t
f-- }aft • _r, Sri ,.tri�r'a.+lYl {,- 'i. 1 i,- 3r
t�l � r z� t'4t '• .:la. ,� t f=.,':f'I...Sy'IF=e `'�`t,�d s.7� ; t
tit IV
'�•:_- t .f tFraj 5 t r -T F S-_ i {i4f - - r
1 '7
' OF EASMENT I!
GRANT -.
made the ..23rd day,.-.'OfMay,
1991., between Coventry
.Avenue, `Methuen,
indenture, of 1G0..Lindbergh gp6 Salem street,
Development Corp.,' `and .Bertha .Kczdras,
Massachusetts Grantor. Grantee
North .Andover.
Massachusetts, `ee simple of
sex zed :off an estate .in .-
WHEREAS, .the. Grantor is lan36903U, across` which -there
and as appeared. on Land Court plan°%�s Blue Ridge e Road, which
1 en:,the _P . - :as land o ,Frank Kozdras
is a pri.v.'ate. road showntd land shown f
ons to, a private i vate way 4 ,
n fee limps e
of said parcel
3- and
:•.:�E Yes, . t e G�dn .G� }-' Kozdras,
as land Frank
ofshown df .the
land { r ,i € f �'$ s f r cons a dera lion
atlas agreement, a Y], to.
= Gr'antor , n ,=consa derata on,
y,THEREAS, the s = ether ivaluable F,. rz or. r ght
)kand "s s an easement x >{
One rDci� .• , , z xsand} assa:gkb , RM
R �; �<
sum of . a teeer�h��: �� �r f �
x Gz
garant toy;thee.;, `zavate �f _ }
roa. .
�.
ove�c'�sa�d _ : .� ty, Yi? ',Y [` eemeIlt ailed l n
o f`'way �F� � � a r
, said, g. he
==� .t,s suanc' o the +K tE ` a)- t by t
� that ??-fur zeva.ous7.yrpc ted P t
wxTHN. � i ;
IJSr.7ETrl,3� a- 1.5�z�t �:�• •=?I,��,�, tt -- {
' ' sa.derata one f = t 4 r, ex eby r
ion .� .T eveof
sidexat ter a sce �� � aiitee�; ;herheir 1
Gx allteet thP`=gra
r.r; f ! h 4cori rali �;r G �
< .4 . tie Gr�anto.;�r �,e ; c,� � 5 �.
CknOW �C.gO rF, -, y�f 5 E, � ,o - 's;1 ,fi �. Pry ` IMF �-
�; �
a _th ' her an
and Kassa gns � s � L` t=.. i"her i and em n thl.
.�tiff rt r ,tma
Full ",and free :r�right `,a.nd 13be Y;
sees, pan co ,
a •+� `� hereafter, Ewa th_or t
ser<rants'; ;visitors,•and lycen k
tenants _ r � s¢� -t •gall =tymes� 4
their:- � r; br uses .connected
havang �, on 5! faL, all6p P a. ntees, tb 'r
a13 othez cl es�af4 anY> descry eta �� d I and of the.:Gra
without veha _:F �:,e.s,.rg+• ent oftie 5a <, . r�vate waX:
_ den oYm '� roadx'and` sa?drp < x a
'r va,b ,. � e of goyng`
caith the .-,us
anaa ang �kie a the P .
ass =r., i(}3U or ., :� `pur o"s versa:''
-andrep k ; , � P an36 3
P. t d Cour1E � the Grantde or vice
` al ly as shown on Lan ,,� he.". oft - . roads ar =
xom.Blue:Ra,dg�,Road to,s _ FED 5 r osesbr,why ch :5
rant df .easement s�s ,foral�-t Pup
This'. g 'nt .to run`t�;lephone andV.eectici c wires,
tine rag: r A° rant Pisa nterided•.to runs
u�Gca ,ilisluai'ng Kett r,` h s g a.ziaZudi rig. to any
sewer arid'? drainage 13.nes, r + and,: _ ., : The
bene -t the s grantee s
atted~land mayylater'beq s,ubd -va.dublic
witYi'„Ihe:'.l and,.and to meet P
extent .;that :the' benef
{ rade and a-mprove the. roadway Y
grantee -may iupg. ' t a
y standards: �ar f way b
-roadwa Iit o here Y
asement or rig as .appurtenant
To have. and ,to hold the., e 1
granted u
have.
the Grantee; her hears and assignst
to the said land of the Grantee: Vote
For signator' s au recorded at
thority, see C )rporate
Book 2985, Page 48-
- a
CHRISTIANSEN & SERGI, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMER STREET HAVERHILL, MASSACHUSE7SO1830 (608) 373-0310 FAK (508)372-3960
March 27 , 1995
Ms. Kathleen Colwell
Planning Department J
Town Hall Annex
146 Main Street
No. Andover, MA 01845
RE: Stewart Property ,
Blue Ridge Road
Dear Kathleen:
itis you are aware the p-lan prcsci-,tiy befcro i.i3e- "Iann4_
Board for Oak Ridge Estate was developed in response to the
Building Inspector' s denial of a building permit for the lot
because in his opinion, the lot did not have access on a
paved way. The plan does not create either a new right of
way or a new lot. The right of way which provides the
frontage exists by virtue of plans previously approved by.the
Planning Board and the lot existed prior to zoning and prior
to the change from 1 acre to 2 acre lotting.
If we consider that the frontage for the lot was created
when the two one-acre lots in front of it were created, the
Stewart' s property must be considered from that time to be a
front'age exception lot under the then existing zoning by-law
because it had 50 feet of frontage and more than 3 acres of
land.
The change to two acre zoning would not apply to the use
of this lot as a single family lot because of the protection
afforded by Chapter 40A, Section 6 (pre-existing non-
conforming uses, structures and lots. )
Because of the above, I believe that it would be
inappropriate for the Board to condition the approval with a
requirement that the Stewart' s file with Board of Appeals for
a variance from 6 acres to 5 .5 acres. Please call me so we
can discuss this matter before the Order of Condition is
written for this project.
Ver ou r s
lip G. Christiansen
,C;
c
r
Town of North Andover %40R7k
pE �teo y'1H
OFFICE OF �,� qSS •a °o�
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
KENNETH IL MAHONY North Andover, Massachusetts 01845 �SSACHU`t'
Director (508) 688-9533
Memorandum
To: Bill Sullivan, Chairman, Zoning Board of Appeals
From: Kathleen Bradley Colwell, Town Planner
Date: May 15, 1995
Re: Lot 2 Blueridge Road
The Planning Board approved the one lot subdivision for Lot 2 Blueridge Road. The lot therefore has fifty(50)
feet of frontage on an approved roadway. However,the lot has less than the required area. The Planning Board
recommends the granting of this area variance as the applicant is not able to add any additional land to his
property. This lot contains greater than five (5) acres in a neighborhood of one acre lots therefore the granting
of this variance will not be a detriment to the neighborhood.
BOARD OF APPEALS 688-9541 BUILDING 688-9345 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parr-ino F.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
0 0T 6
Town of North AndoverOM- CE OF
COMMUNITY DEVELOPMENT AND SERVICES p
* rt
146 Main,Street
North Andover, Massachusetts 01845
4SSACHUS��
June 7, 1996
Ms. Roberta McGowan
Assistant Treasurer
120 Main Street
No. Andover, MA 01845
Re: Bond Release
Dear Ms.McGowan,
At their meeting of June 4, 1996, the North Andover Planning Board voted to approve the
RELEASE of the remaining bond money the Town is holding for the following project:
Name of Applicant: Mrs. Joanne Stewart
Project: Oakridge Estates
Type of Bond: Performance Bond Form G
Thank you for your attention to this matter.
Sincerely,
Karen A. Fitzgibbons
Planning.Board ,Secretary
CC: Bill Hmurciak, Asst. DPW Director
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535