HomeMy WebLinkAboutComplete Finding Application - Application - 335 Salem Street 3/13/2023 TOWN OF NORTH ANDOVER FINDING
ZONING BOARD OF APPEALS
NAME: Lynn McLoughlin and John McLoughlin
ADDRESS OF APPEAL: TOWN CLERK TIME STAMP
335 Salem Street
Procedure & Requirements
for an Application for a Finding
Twelve(12)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty 30 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the time The Office of Zoning Board of Appeals schedules an applicant
periods prescribed may result in a dismissal by the Zoning for a hearing date and prepares the legal notice for mailing to
Board of an application as incomplete. the parties in interest(abutters)and for publication in the
The information herein is an abstract of more specific newspaper. The petitioner is notified that the legal notice has
requirements listed in the Zoning Board Rules and been prepared and the cost of the Party in Interest fee.
Regulations and is not meant to supersede them. The
etitioner will complete items that are underlined. STEP 7:DELIVERY OF LEGAL NOTICE TO
NEWSPAPER:
STEP is ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office of the
The petitioner applies for a Building Permit and receives a Zoning Board of Appeals and delivers the legal notice to the
Zoning Bylaw Denial form completed by the Building local newspaper for publication.
Commissioner.
STEP 8:PUBLIC HEARING BEFORE THE ZONING
STEP 2:FINDING APPLICATION FORM: BOARD OF APPEALS:
Petitioner completes an application form to petition the Board The petitioner should appear in his/her behalf,or be
of Appeals for a FINDING. All information as required in represented by an agent or attorney. In the absence of any
items 1 through and including 11 shall be completed. appearance without due cause on behalf of the petition,the
Board shall decide on the matter by using the information it has
STEP 3: PLAN PREPARATION: received to date.
Petitioner submits all of the required plan information as citied
in page 4,section 10 of this form. STEP 9: DECISION:
After the hearing,a copy of the Board's decision will be sent to
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: all Parties in Interest. Any appeal of the Board's decision may
The Petitioner requests the Assessor's Office to compile a be made pursuant to Massachusetts General Law ch.40A§ 17,
certified list of Parties in Interest(abutters). within twenty(20)days after the decision is filed with the
Town Clerk.
STEP 5: SUBMIT APPLICATION:
Petitioner submits one(1)original and eleven(11)Xerox STEP 10:RECORDING THE DECISION AND THE
copies of all required information to the ZBA Administrative PLANS.
Assistant to be certified by the Town Clerk with the time and The petitioner is responsible for recording certification of the
date of filing. The original will be left at the Town Clerk's decision,and any accompanying plans at the Essex County,
Office, and the 11 Xerox copies will be left with the Zoning North Registry of Deeds, 1 Union Street,Lawrence MA.01843
Board of Appeals Administrative Assistant. and shall complete the Certification of Recording form and
forward it to the Zoning Board of Appeals and to the Building
Department.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community&Economic Development North Andover Town Hall
120 Main Street 120 Main Street
North Andover,MA.01845 978-688-9501 Town Clerk's Office
978-688-9542 fax for Office of Community&Economic Development 978-688-9566 Assessor's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
PAGE 1 OF 4
PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a FINDING
Please complete all items 1-10 below:
1. Petitioner: *Name, *Address and telephone number:
Lynn McLoughlin and John McLoughlin c/o Johnson&Borenstein,LLC;327 Salem Street,North Andover, MA 01845;978-475-4488
*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:
I nn E_ McLoughlin; 327 Salem Street, North Andover, MA 01845; 978-807-2256
John T Mcl nughlin; 327 Salem Street, North AnrinvPr, MA 01845; 978-590-5219
Years Owned Land:19 years
3. Location of Property:
a. Street:335 Salem Street Zoning District:R3
b. Assessors:Map Number:37D Lot Number:54
c. Registry of Deeds: Book Number:8788 Page Number:58
4. Zoning Bylaw Section(s)* under which the petition for the FINDING is made.
Section 195-7.1(A)
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the FINDING request:
Petitioner appeals the Building Commissioner's denial dated March 7, 2023 on the hasis that 335 Salem Street has
sufficient contiguous buildable area under the Zoning Bylaw. Please see attached Addendum to Application.
The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required
pursuant to the Zoning Board Rules and Regulations as citied 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: Indicate the dimensions that will not meet current Zoning By-Law
requirements.(A and B in the case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
N/A %
N/A %
6B. Existing Lot:
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
25,360 N/A N/A % 125 N/A N/A N/A N/A N/A
PAGE 3 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a FINDING
6C Proposed Lot(s):
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
25,360 N/A N/A % 125 2 36.4 20 20.3 103.9
6D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
25,000 N/A N/A % 125 2 30 20 20 30
7A.Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. Feet Building* ofUnits**
N/A N/A N/A N/A N/A N/A
*Reference Uses from the Zoning Bylaw&Table I"State number of units in building(s).
7B.Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.Feet Building* of Units**
1,265 2.5 34.8 2,989 Single-Family Dwelling 1
*Reference Uses from the Zoning Bylaw&Table 1"State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a FINDING 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 d issal by the Zoning oard of this,pplication as incomplete.
r
Sip-nature:
Type aboveri me(s)here:John T. McLoughlin & Lynn E. McLoughlin
PAGE 4 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a FINDING
9. WRITTEN DOCUMENTATION *10C. *Required Features On Plan.
Application for a FINDING must be supported by a legibly I). Site Orientation shall include:
written or Typed memorandum setting forth in detail all i. North point
facts relied upon. This is required in the case of a finding 2. Zoning district(s)
when the following points based on MGLA ch.40A sec. 3. Names of streets
6 and 9 and the North Andover Zoning By-Law Section 4. Wetlands(if applicable)
9.0 a request for a FINDING shall be clearly identified 5. Abutters of property,within 300'radius
and factually supported:Addressing each of the below 6. Locations of buildings on adjacent properties
points individually is required with this application. within 50'from applicants proposed structure
7. deed restrictions,easements.
A. The particular use proposed for the land or structure.
B. Facts relied upon to support a finding that relief II). Legend&Graphic Aids shall include:
sought will be desirable and without substantial 1. Proposed features in solid lines&outlined in
detriment to the public good. red
C. Addressing all details of the Building Commissioner's 2. Existing features to be removed in dashed lines
denial when appropriate. 3. Graphic scales
4. Date of Plan
10. PLAN OF LAND 5. Title of Plan
Each application to the Zoning Board of Appeals shall be 6. Names addresses and phone numbers of the
accompanied by the following described plan. Plans must applicant,owner or record,and land surveyor.
be submitted with this application to the Town Clerk's 7. Locus
Office and the ZBA Administrative Assistant at least lOD. FURTHER REQUIREMENTS:
thirty(30)days prior to the public hearing before the
Zoning Board of Appeals. Major Projects shall require that in addition to the above
A set of building elevation plans by a Registered Architect may features,plans most show detailed utilities,soils,and
be required when the application involves new topographic information.A set of building elevation and
construction/conversion/and/or a proposed change in use. interior of building plans shall be required when the
application involves new construction,conversion and/or a
10A. Major Projects proposed change in use.Elevation plansfor minorprojects
Major Projects are those,which involve one of the include decks,sheds,and garages shall be included with a
following whether existing or proposed: side view depicted on the plot plan,which include a
1). Five(5)or more parking spaces, ground level elevation.
11). Three(3)or more dwelling units,
1I1).2,000 square feet of building area. 11. APPLICATION FILING FEES
Major projects shall require that in addition to the JOB&10C 11.A. Notification fees:Applicant shall provide a
feature,that the plans show detailed utilities,soils,and check or money order to:"Town of North Andover"for
topographic information, the cost of first class,certified,return receipt x#of all
parties in interest identified in M.G.L ch.40A§I I on
*10B. Plan Specifications: abutters list for the legal notice. Also,the applicant shall
I). Size of plan: Ten(12)paper copies of a plan supply first class postage stamps for each address listed
not to exceed I 1"x17",preferred scale of on the abutter's list,plus an additional two(2)for the
1"=40' decision mailing.
II). With one(1)block for Registry Use Only,and 1I.B. Mailing labels: Applicant shall provide four
one(1)block for five(5)ZBA signatures& sets of mailing labels no larger than 1"x 2-5/8"(Three(3)
date. copies for the Legal Notice,and one(1)copy for the
III). Plan shall be prepared,stamped and certified Decision mailing).
by a Registered Professional Land Surveyor.
Please note that plans by a Registered I I.C. Applicant shall provide a check or money order
Professional Engineer.Registered Architect, to:"Town of North Andover"per the 2006 Revised Fee
and/or a Registered Landscape Architect may be Schedule.
required for Major Projects.
ADDENDUM TO FINDING APPLICATION OF LYNN MCLOUGHLIN
L Purpose Statement
The purpose of this Addendum is to summarize and analyze legal authority relevant to Lynn
McLoughlin's appeal of the Building Commissioner's determination that 335 Salem Street
("Property"), does not contain sufficient"contiguous buildable area"to allow construction of a
single-family home on the Property as-of-right.
IL Summary and Analysis of Relevant Legal Authority
A. Interpretation of the Zoning Bylaw
Under the plain language of§ 7.1(A) of the Town of North Andover Zoning Bylaw ("Zoning
Bylaw"), the Zoning Bylaw's minimum lot area calculation solely excludes land which is located
within a line identified as wetland resource area in accordance with both the Massachusetts
Wetlands Protection Act(Mass. Gen. Laws ch. 131, § 40) ("Act") and the Town Wetlands
Protection Bylaw ("Wetlands Bylaw").
§ 7.1(A) of the Zoning Bylaw provides, in pertinent part,
As ofApril 28, 1986, the area of any new lot created, exclusive of
area in a street or recorded way open to public use, at least 75%
of the minimum lot area required for zoning shall be contiguous
land other than land located within a line identified as wetland
resource areas in accordance with the Wetlands Protection Act,
MGL c. 131, §40 and the Town ofNorth Andover Wetland
Protection Bylaw, Chapter 190 of the Code of North Andover.
Emphasis added.
Relevantly, the Supreme Judicial Court has determined that interpretation of the "disjunctive
`or"' and the "conjunctive `and"' as one and the same is "something for which there is no basis
or logic". Commonwealth v. Rotonda, 434 Mass. 211, 218 (2001). Emphasis added. Indeed,
there is no basis or logic in the present case to expand the traditional statutory interpretation of
the word"and" such that"and" exceeds its plain, conjunctive meaning to additionally envelop
the disjunctive import of the word"or".
Importantly, any argument that such an expansive interpretation of the word "and", as the same
is used in the Zoning Bylaw, may be supported by external considerations (i.e., consideration of
the intent of the drafters of the Zoning Bylaw) is unavailing, as the conjunctive language of the
Zoning Bylaw is plain. See Bynes v. School Comm. of Boston, 411 Mass. 264, 268 (1991)
(internal citations omitted) (emphasis added), (concluding, "`It is elementary that the meaning
of a statute must,in the first instance, be sought in the language in which the act is framed, and
if that is plain. . . . the sole function" of the authority charged with interpreting and enforcing the
law "is to enforce it according to its terms"); see also Osborne-Trussell v. Children's Hosp.
Corp., 488 Mass. 248, 254 (2021) (reiterating, "If the statutory language is clear, `courts must
give effect to its plain and ordinary meaning and . . . need not look beyond the words of the
statute itself"'); Styller v. Zoning Bd. of Appeals of Lynnfield, 487 Mass. 588, 597 (2021)
(stating that interpretation of municipal law should"adher[e] to the traditional canons of
statutory construction").
Indeed, were the Zoning Board to consider the intent behind the usage of"and" in § 7.1(A) of the
Zoning Bylaw, it could reach conflicting conclusions, unnecessarily and improperly muddying
the water where the language of the Zoning Bylaw is plain. For example, while the Zoning Board
could determine, as the Building Commissioner apparently has, that"and"was meant to limit
"contiguous buildable area"to land not located within wetlands resource area identified under
either the Act or the Wetlands Bylaw, thereby broadly and bluntly reducing potential
development in the Town, it could also determine "and"was meant to insulate the Zoning
Bylaw's definition of"contiguous buildable area" from: 1) altering solely based on future
amendments to the Wetlands Bylaw, thereby safeguarding potential development in the Town
from a stricter "contiguous buildable area" definition automatically accompanying a Wetlands
Bylaw characterized by highly stringent controls on development; and 2) altering solely based on
future amendments to the Act, thereby protecting the Town's control over modifications to an
important definition under its own Zoning Bylaw (i.e., "contiguous buildable area").
Lastly, it is important to note there is no basis for any contention that interpreting the term "and"
in § 7.1(A) of the Zoning Bylaw to have its ordinary, conjunctive meaning would conflict with or
negate any specific requirement of the Wetlands Bylaw. The Wetlands Bylaw provides
numerous protections preventing development from occurring within wetlands resource area, but
there is no specific requirement that the scope of those protections expand such that wetlands
resource area identified solely under the Wetlands Bylaw be excluded from general lot area
calculations under the separate Zoning Bylaw.
B. Wetlands Resource Area Under the Wetlands Bylaw vs the Act
§ 190-2(A)(6) of the Wetlands Bylaw defines "one-hundred-foot buffer zone of wetland areas"
as "wetland resource area"but"buffer zone" is not listed as wetland resource area in either the
Wetlands Protection Act or its Regulations. As such, "buffer zone" should not be excluded by §
7.1(A) of the Zoning Bylaw from the Zoning Bylaw's minimum lot area calculation. See Act;
310 CMR 10.02(1);Massachusetts Association of Conservation Commissions Buffer Zone
Guidebook,p. 3 (explicitly providing that the Act does not identify buffer zone as wetlands
resource area: "Buffer Zone is not a Resource Area").
III. Conclusion
Since the Property does not contain any land located within a line identified as wetland resource
areas in accordance with the Wetlands Protection Act, MGL c. 131, §40 and the Town ofNorth
Andover Wetland Protection Bylaw, Chapter 190 of the Code ofNorth Andover, the entire lot
area of the Property should be considered "contiguous buildable area".
2
. Sullivan Engineering Group, LLC
CivilEngmee,rs&LdndDevelopment Consultants
November 1, 2022
Town of North Andover
Building Dept.
c/o—Paul Hutchins,Building Commissioner
120 Main Street
North Andover, MA 01845
Re: 327 Salem Street, North Andover
ANR Plan
Mr. Hutchins;
I wanted to update you on the above property in regards to the ANR application to the Planning Board. The
Planning Board voted to endorse the ANR plan to create 2 lots at the above property, with a note that the
"Contiguous Buildable Area" (C.B.A.) to be determined. The plan was revised on 10/11/2022 with this note
and a mylar has been generated for future endorsement by Jean Enright of the Planning Department. The
CBA definition is your determination, but I would offer the following;
Norse Environmental Services delineated the wetland boundary for this project and the wetlands ARE
ENTIRELY OFTSITE. The bordering vegetated wetlands are located to the west of the property on 4240
Marbleridge Road. Only the tOO foot wetland buffer zone extends into #327 Salem Street. Based on the CBA
definition, 75%of the minimum lot area required for zoning shall be contiguous land other than land located
within a line identified as wetland resource areas in accordance with the Wetlands Protection Act AND the
Town of North Andover Wetland Protection Bylaw, Chapter 190 of the Code of North Andover.
These lots DO NOT have BOTH land within a line identified as a wetland resource area in accordance with
the WPA AND the Town of North Andover w and protection bylaw. Under the WPA the 100 foot buffer
zone is NOT a resource area(only under the own bylaw).
Thank you for your time on this tter.
Sincerely.'
Jo tin van III,
4
4C,y S1
P.O. Box 2004 Woburn, NIA01888 (781) 854-8644 e-mail:jacksu1153@comeast.net
Zoning Bylaw Denial Fornn
Town of North Andover Building Department
120 Main Street
North Andover;MA. 01845
Phone 978-688-9545 Fax 978-688-9542
street: 335 Salem Street
Map/Lot: 37D 154
Appltcant: mark B.Johnson
Request: Variance
Date: 317/2023
Please be advised that after review of your Application and Plans that your Application Is DENIED for the following Zoning
Bylaw reasons;
Zoning
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting 2 Fronta a Complies
3 Lot Area Complies 3 Preexisting frontage
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area X
3 Use Preexisting 2 Complies
4 Special Permit Required 3 PreexistingCBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 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
5 Rear Insufficient 1 Building Coverage
6 Preexisting setbacks 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 J Sign
3 Lot prior to 10124194 1 Sin not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parkin
1 In District review required 1 More Parking Required
2 Not in district 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
4 Pro-existing Parkin
Remedy forth above Is checked below,
Item# 5 ecial Permits Planning Board Item# Variance
Site Plan Review Special Permit Setback
Access other than Frontage Special Permit Parkin
Frontage Exception Lot S edal Permit Lot Area
Common Drivoway Special Pormit Height
Con re ate Housing Sp ecial Permit I Sian
Contiouing Care Retirement Special Permit G-1 Conti uous Building Area
Independent Elderly Housing S ec;W Permit Special Permits Zoning Board
Large Estate Condo Special Permit Special Permit Non-Conforming Use ZBA
Planned Development District Special Permit Earth Removal Special Permit ZBA
Planned Residential Special Permit Special Permit Use not Listed but Similar
R-6 Density S edal Permit Special Permit for Sign
Watershed Special Permit Special permit for preexisting nonconforming
Fronta e
i
{
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:
t#em Reference Reas4rs for
G 195-7.1.A Contiguous buildable area (CBA). As of April 28 1986 the g ( ) p area of any new tat
created, exclusive of area in a street or recorded way open to public use, at least 75% of the
minimum lot area required for zoning shall be contiguous land other than land located within a
line identified as wetland resource areas in accordance with the Wetlands Protection Act,
MGL c. 131, § 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 190 of
the Code of North Andover. The proposed structure must be constructed on said designated
contiguous land area. Proposed CBA is 61.6% .Required CBA is 75 % . A variance needed of
13.4 % is requested
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 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.
/a 3/612023 _3/7/2023
'1 ing Department Official Signature Application Received Application Denied
Denial Sent: 3/712023 If Faxed Phone NumberMate:
Referred To:
Fire X Health
Police X Zoning Board
X Conservation Department of Public Works
X Planning Historical Commission
Other X Building Department
RECORD OWNER: REFERENCES: et
0°fie Stye �qo 0�e
01
ASSESSOR MAP 375, LOT 54: - PLAN No. 18359 m°a �tteet
JOHN & L YNN MCLOUGHLIN
327 SALEM STREET <,
NORTH ANDOVER, MA 01845 �e°
- DEED BOOK 8788 PAGE No. 58 PQP�ti<ee
LEGEND: s% per
S.F. SQUARE FEET GRAPHIC SCALE Anne
Rood
EOP EDGE OF PAVEMENT 0 20 40 so
C.B.A. CONTIGUOUS BUILDABLE AREA
BVW BORDERING VEGETATED WETLAND ( IN FEET )
NO TES: 1 inch = 40 ft. woOdbur
.a°j LOne y S%
1) THERE ARE NO WETLANDS LOCATED ON LOT 1. LOCUS MAP:
St,-e
2) THE 100' BVW BUFFER ZONE ENCOMPASSES / �O p et
9,960 S.F OF LOT 1.
� Not to Scale:
�o
C T�i EXISTING DRAINAGE DITCH
TAX MAP 37D LOT 14 BVW — BVW
p #260 MARBLERIDGE ROAD TAX MAP 37D LOT 15 BVW
a� N/F AVERKA REALTY TRUST #240 MARBLERIDGE ROAD
z \ DEED: 8479/64 _ N/F KATHARINE MORGAN
N01'14'36W 376.24' DEED: 8935/274
237.02' 139.22'
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Roofed
Entry 36.4'
125.00' 21 02'_ 42.90' _.
T- 146.02 - S02'44'02"E
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EXISTING CRUSHED STONE SALEM STREET
DRIVEWAY TO BE RELOCATED CSFd�
ENTIRELY ONTO LOT 2. (PUBLIC — VAR. WIDTH — COUNTY LAYOUT)
99�
ZONING TABLE: y
ZONING DISTRICT: R3 S �00
W/IN WATERSHED PROTECTION DISTRICT
REQUIRED PROVIDED ��� Q�
MAX. HEIGHT 35 FT 34.8 FT
MIN. FRONT SETBACK 30 FT 36.4 FT LOT 1
MIN. SIDE SETBACK (L) 20 FT 20.0 FT ZBA PLAN
MIN. SIDE SETBACK (R) 20 FT 20.3 FT #335 SALEM STREET
MIN. REAR SETBACK 30 FT 103.9 FT NO. A N D O VER, MASS.
PREPARED BY:
MIN. LOT FRONTAGE 125 FT 125.00 FT SULLIVAN ENGINEERING GROUP, LLC
MIN. LOT AREA 25,000 S.F. 25,360 S.F. P.O. BOX 2004
WOBURN, MA 01888
MIN. LOT WIDTH: 100 FT 105.52 FT (787) 854-8644
C.B.A. 759% 61.6%% * * ZBA RELIEF NEEDED DATE: 318123 SCALE: 1 =40'
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TOWN OF NORTH ANDOVER
ABUTTER LIST
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 opposite on any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the pettitioner 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 ID LOCATION OWNER ADDRESS CITY STATE ZIP
037.D-0054.0000.0 335 SALEM STREET JOHN MC LOUGHLIN 327 SALEM STREET NORTH ANDOVER MA 01845
PARCEL ID LOCATION OWNER ADDRESS CITY OWNER ZIP
037.D-0014-0000.0 260 MARBLERIDGE ROAD AVERKA REALTY TRUST 8 JACKSON COURT LAWRENCE MA 01840
037.D-0030-0000.0 369 SALEM STREET BANERJI,AMIT 369 SALEM STREET NORTH ANDOVER MA 01845
037.D-0006-0000.0 343 SALEM STREET BOWSER,MATTHEW 343 SALEM STREET NORTH ANDOVER MA 01845
037.D-0050-0000.0 255 MARBLERIDGE ROAD DELLEA,DAVID C. 255 MARBLERIDGE ROAD NORTH ANDOVER MA 01845
037.D-0016-0000.0 245 MARBLERIDGE ROAD DONATIO,PETER 245 MARBLERIDGE ROAD NORTH ANDOVER MA 01845
037.D-0004-0000.0 292 SALEM STREET MARGARET BRAY 292 SALEM STREET NORTH ANDOVER MA 01845
037.D-0017-0000.0 225 MARBLERIDGE ROAD FOX,JOHN J 225 MARBLERIDGE ROAD NORTH ANDOVER MA 01845
037.13-0049-0000.0 370 SALEM STREET LEIDNER JR,JOHN C P 0 BOX 205 NORTH ANDOVER MA 01845
037.B-0044-0000.0 14 APPLETON STREET INGERSOLLI,JOAN 14 APPLETON STREET NORTH ANDOVER MA 01845
037.D-0029-0000.0 280 MARBLERIDGE ROAD LUSH,STEVEN 280 MARBLERIDGE ROAD NORTH ANDOVER MA 01845
037.B-0045-0000.0 318 SALEM STREET PICKLES,DAVID H JR 314 SALEM STREET NORTH ANDOVER MA 01845
037.13-0068-0000.0 314 SALEM STREET PICKLES,DAVID H,JR 314 SALEM STREET NORTH ANDOVER MA 01845
037.D-0003-0000.0 202 MARBLERIDGE ROAD POLLANO,PAUL,M. 202 MARBLERIDGE ROAD NORTH ANDOVER MA 01845
037.D-0018-0000.0 SALEM STREET RIDGEWOOD CEMETERY ASSOCIATION P O BOX 22 NORTH ANDOVER MA 01845
037.13-0060-0000.0 5 APPLETON STREET TESTA,JAMES M 5 APPLETON STREET NORTH ANDOVER MA 01845
037.6-0035.0000.0 30 ANNE ROAD VISSERING JR,CARL W 30 ANNE ROAD NORTH ANDOVER MA 01845
037.D-0013-0000.0 270 MARBLERIDGE ROAD ONEIL,ZACHARY RYAN 270 MARBLERIDGE ROAD NORTH ANDOVER MA 01845
037.13-0039-0000.0 346 SALEM STREET BUTLER,SEAN 346 SALEM STREET NORTH ANDOVER MA 01845
037.D-0015-0000.0 240 MARBLERIDGE ROAD STYLES,NATHAN ALLEN 240 MARBLERIDGE ROAD NORTH ANDOVER MA 01845
037.D-0043-0000.0 300 SALEM STREET MADANI FAMILY REVOCABLE LIVING TRUST 300 SALEM STREET NORTH ANDOVER MA 01845
037.B-0067-0000.0 29 ANNE ROAD COATES,DAVID 29 ANNE ROAD NORTH ANDOVER MA 01845
037.6-0048-0000.0 11 APPLETON STREET HEINZE,ANDREW C. 11 APPLETON STREET NORTH ANDOVER MA 01845
037.6-0055-0000.0 338 SALEM STREET LYNCH,JOSEPH T. 338 SALEM STREET NORTH ANDOVER MA 01845
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Return: �, o'' Q 7 h-.;<n
(SPACE ABOVE THIS LINE RESERVED FOR REGISTRY OF[)EEDS USE)
QUITCLAIM DEED
I, Caroline E. McLoughlin, of 327 Salem Street, North Andover, Essex County,
Massachusetts
in consideration of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00)
and other valuable consideration
ygrant to John T. McLoughlin and Lynn E. McLoughlin, husband and wife, as tenants by
the entirety with rights of survivorship,
-� with QUITCLAIM covenants
the land known as 327 Salem Street, North Andover, Massachusetts, and further bou red -
�? and described as follows:
A certain parcel of land with the buildings thereon situated on the Westerly side of Sa6 av
Street in North Andover, Essex County, Massachusetts, being shown as Lot #2 on "Plari701f
N Lot#2, Estate of Carl D. Miller, North Andover, Mass., January 20, 1958", said plan %fig
M recorded with the Essex North Registry of Deeds as Plan#3642.
Meaning and intending to convey same property conveyed to me and my late husband,
y, John P. McLoughlin, by deed recorded with the Essex North District Registry of Deeds in o
Book 1086, Page 254. ^a
I� co
John P. McLoughlin died on January 30, 1981, see probate file no. 3 5264 1. co
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EXECUTED as an instrument under seal this 14th day of May, 2004,
Caroline E. McLoughlin
01'�-5
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COMMONWEALTH OF MASSACHUSETTS
Essex, ss. May 14, 2004
On this 14' day of May, 2004, before me, the undersigned notary public,
personally appeared, Caroline E. McLoughlin, proved to me through satisfactory evidence
of identification, which were , to be the person whose name is
signed on the attached document, and acknowledged to me that she signed it voluntarily
and for its stated purpose.
STEVEN G. MANCHINI, Notary Public
My Commission Expires: 3/31/2011
STrVEN G. MANCHINlI
N;t4y public
I{7� Cu:mmun'vvealttr of Massachusetts
My Gcmmission Expires
March 31,2011
OWNER'S AUTHORIZATION
Re: Property — 335 Salem Street,North Andover,MA 01845
Owners — Lynn E. McLoughlin & John T. McLoughlin
The undersigned, owners of the above-referenced Property, hereby authorize Johnson &
Borenstein, LLC to file and pursue permits, applications, petitions, and appeals with the Town of
North Andover, its Building Commissioner, Zoning Board of Appeals, Planning Board, and
Conservation Commission, related to the above-referenced Property.
Owners:
7
ILy E. McLoughlin Jo ' T. McLoughlin
Dated: March_a, 2023