The URL can be used to link to this page

Home My WebLink About2005-07-22 Recorded ZBA Decisions 2004 & 2005 Town of Noah Andover i10*T1/jusep , 'ir= Office of the Zoning Board of Appeals oxnMWty Development and Services Division 400 Osgood Street GN Li,: Forth Andover, Massachusetts 01845 ,,sue u's�' D. Robert Nicetta " Building Commissioner Fax (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 ppeat. Date Any appeal shall be filed Notice of Deemon 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 103,Parcel 120 NAME: Claude&Laura Etias, 119 Hooker HEARING(S): January 11,2005 Farm Road, Salem,NH ADDRESS: Winter Street 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,Janwry 11,2005 at 7:30 PM upon the application of Claude&Laura Elias, 119 Hookers 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 sidw, corners in the 100'buffer from bordering vegetated wetlands and within the Water Protection District's '.: ' Non-Dista bane Buffer Zone. Said premises affected is property with frontage on the South side of Winter Street within the R-1 zoning duct, The legal notices were publisher(in the Engle'Ilrlxm on December 27,2004 dt January 3 2005 and sent to all abutters, 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. Ippolito`6' and Ricbmd M.Vaillart0ourt. Upon a motion by Richard J.Byers and a by John M.Pallone,the Board voted to GRANT a Variance to allow construction ofa new permanent struchur,a single funnily 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 C=y 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 w Hampshire,03079,date May 4, 2004,rev. 7/13104,7/30/04, 11/19/04 Building Env.Dim.dt offsets Rev'd,dt 12/02/04 O13'sets to 100'Buffer Added-Job No.04-27 F.B.69/02;with the remaining conditions w from decision 2W"13 graded July 13,2004. 1, DPW extends Winter Street along the frontage line of Map 103,Pared 120. 2. This lot,Map 103 Pamel 120,sh*U not be further subdivided. Voting in favor, John M.Pa lone,Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III and David A. 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 varianoey adding a single-lmnily 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 1 of 2 A Trtw Copy pr.-Q L4"-,e.� Town Clerk Board of AppWa 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 i I t. r i Town of Noah Andover f w°"*►� i Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street �►?� North Andover, Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner 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 ro-established only after notice,and a new hearing. Town of North Andover Board of Appeals, I ' Ellen P.McIntyre, air Decision 2004-035. M103P120. Page 2 of 2 Board of Appeals 979-688.9541 Building 978-688-9545 Conservation 978.688-9530 Health 978-688-9540 Planning 979-688.9535 i 40 FI TN Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division ` ` '. 41 400 Osgood Street li °++r►r North Andover, hlirssachusetts 01845 ��sACtlUbdi D. Robert Nicetta Telephone (978)688-9541 Building Counnissioner Fax (978)688-9542 June 16,2005 Joseph J. Serwatka,P.B. Post Office Box 1016 r North Andover,Massachusetts � C, 01845-1016 NJ *ri:r:il RE: Winter Street,Map 103,Parcel 120 -,r North Andover,Massachusetts 01845 �t _ �} W 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 r premises affected at Winter Street,Map 103, Parcel 120,North Andover,Massachusetts. G.11 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;trtotton 1 by Richard J. Byers and To by Thomas D.Ippolito. Mass.Gen.L.,ch.40A,§10 allows the Variance'f permit granting authority to"extend the time for exercise of such rights for a period not to exceed sib months". Voting in favor. Ellen P.McIntyre,Joseph D. LaGrasse,Richard J. Byers,Albert P. r� and Thomas D.Ippolito. uL h2ft ter►P.McIntyre,Chair Zoning Hoard of Appeals C r..� cc: Town Clerk ZBA file 2004-013 &035 M103P120. xa. Ai CES'1'; A True Copy 'Town Clerk Board of,lppeais 978-688.9541 Building 978.688.9545 Conservation 978-688-9530 1kalth 978.688.9540 Planning 978.688-95,35 i Town of North Andover of"°bT,;4o Office of the Zoning Board of Appeals Community Development and Services Division , 2/ Charles Street North Andover,Massachusetts 01845 s ki D. Robert Nieelta Telephone(978)688-9541 ?4i t�i Building Commissioner This is to ��tst� days have elapsed from date of decision,filed without filing of an peal. Date /l+lU�•�? O�S._ Any appeal shall be filed Notice of Decision JOY00 A,Bradshaw within(20)days after the Year 2004 Town dtltfK date of filing of this notice in the office of the Town Clerk. Property at: for premises at:Winter Street NAME: Claude&Laura Elias, 119 Hooker Farm HEARING(S): June 8&July 13,2004 Road, Salem,NH ADDRESS: for remises at:Winter Street North Andover,MA 01845 TYPING DATE: Ju10 212404 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13,2904 � at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application 4fa Claude&Laura Elias, 119 Hooker Farm Road,Salem,NH, for premises at:Winter Street(Map 103 POW 120)North Andover,requesting Variance from Section 7,Paragraphs 7.1.1 for Contiguous Buildable Area,: > �i 7.2&Table 2,for Street Frontage,and 7.3 &Table 2 for dimensional relief of yard setbacks in order construct a single-family home. Said premises affected is property with frontage on the South side of Ytirr 3� Street v,ithir►the R 1 zoning district. The legal notices were published in the Eagle Tribune on May 24� —,3:1, 2004. L(7) s N The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Rich ,} 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: W. 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 7/13104 revision -1= sheets 1 &2 in order to show the proposed building envelope,the building's dimensions and C:� 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 noweed relief from Section 7,Paragraph 7.2 and Table 2. Also,the Board finds that the applicant has satisfied'tlie ; provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance wiot adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of2 {n C-, . < 1 Tmle Copy rya Town Clerk Board orAppoals 978-688-9541 Building978.688-9545 Conservation 978.688-9530 Heald,978-688-9540 Planning 978.688-9535 0 NORTH Town of North Andover Office of the Zoning Board of Appeals F Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 $ACjAJS D. Robert Nicetta Telephone(978)688-9541 Fax(978)688-9542 Building Commissioner Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen.P.McIntyre,Chair 2004-013. M103PI20. Page 2 of 2 BobidofApp4ais978-688-9541 Buitding978-688-9545 4ieal%978-688-9540 Planning978.688.9535