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Home My WebLink AboutSIDERI, WARREN MI C � Nonry�� DAt�aC Lr; r, ;3� U0RI' R f: iaaa fi A ••eeu� W dy appQaf SEP � I Pm '86 thin shat/ TOWN OF NORTH ANDOVER dote ° f"-0j as he file MASSACHUSETTS in f f�`•n 1 00 d C/er he OffjG�°' t1;is *er the k".."r----°� t � Qtice 'BOARD OF APPEALS NOTICE OF DECISION Warren J & Joya A Si deri Date. . . .Sep.tember. .5.,. .19.86. . c/o Alfred L . DAniels , Esq . 32 Chestnut St . Petition No.. . . . . .?-87. . . . . . . . . .. Andover, MA 01810 Date of Hewing. . .490 t I A t . 1.986 Warren J & Joya A Sideri Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . Premises affected . . . . . . . . .13.3. P.1.a as a n.t . S.t .. .. . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . : . . Special Permit Referring to the above petition for a*IMM from the requireamts of the .S e.c t i an • 4 P a.r a g.r.a p . 4...12.2(1.4). .a f. .t h e. .Zo.n i n.9. By L'am 5. . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . soastopermit . .con.ver.tin.g . e.xis.tin.g . .t.wv. .(?.). .faP+it.x. .re� .dence. .tp: .four. .(,4) re.si d.ent.fal. .unAts.. .. . . . . . . . . . . . . . . . . . . . . . .. I . . . . . . . . . . . . . . . . . . . . . . ,. . After a public hearing given on the above date, the Board of Appeals voted to .G R AA T. . . . s the S pe c i.a 1 . .P.a r•m i t . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to is" a permit to . . . .'. Warr.en. .J .& Jo.ya: .Sider.i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1 - Parking lot be constructed and paved prior to the issuance-of ' a Building Permit . 2- A variance be Applied for for structural changes in building . Signed Fran io , JrCrman A1.fre.d . FTr1 Ae11A Vice-c.hai.rman Wi,11;i:am. .Sul,li YAP. ... . . . . . . . . . Ann a. .0 'C.ono.o r. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals A,c' f pORTq') �i...� . ..., Any appeal TC`�i' ?'i: shall With be filets NORT:; =.tx ''JVER (_01 a� ` - ; date )S after the i of ii-WX SEP I GI y �� '''�;" ,,,,: in the c r ihis f�otice Office Clerk. of the Town TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September 5 , 1986 Petition #7-87 Warren. & Joya Si de ri 133 Pleasant -St . Mr. Daniel Long , Town Clerk Town Office Building North Andover , MA 01845 Dear Mr . Long : The Board of Appeals held a public hearing on August 12 , 1986 upon the application of Warren J & Joya A. Sideri requesting a Special Permit from the requirements of Section 4 , Paragraph 4 . 122 (14) of the Zoning ByLaws so as to permit converting existing two (2 ) family residence to four (4) residential untts : The following members were present and voting Frank Serio, Jr. , Chairman , Alfred Frizelle Vice-chairman , William Sullivan and Anna O ' Connor . The hearing was advertised in the North Andover Citizen on July , 24 and July 31 , 1986 and all abutters were notified by regular mail . Upon a motion made by Alfred Frizelle and seconded by Anna O ' Connor the Board voted to GRANT the Special Permit as requested , with the follow- ing conditions : 1 Parking lot be constructed and paved prior to the issuance of a Building Permit . 2 - A variance be applied for covering structural changes to dwelling . The Board feels that by granting this Special Permit it will not be a detriment to the neighborhood . Sincerely , BOARD OF APPEALS Frmnk SJ Ch rman /awt III MUM fflfl TOWN OF NORTH ANDOVER DAN;,-t ! MASSACHUSETTS TO N4R , ER NORTH Nov i."7 V 13 1M� Any appeal shall be filed � n within (20)days after the date of filing of this Notice 'sB,CNuSEs` in the Office of the Town cleft NOTICE OF DECISION Date. , November, 20. 1989. . . . Date of Hearing November.11,.1989 Petition Ofsideri,c/o.Domenic Scalise . , , . , . Premises affected , . , West Side of.Great. Pond.Road..Parcel.B. . . . . . . . I Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw „Section 4.133 , Para. 1:2.3, Dated 1985 . .. . . . . . . . . . . so as to permit , the construction of. a. single-family residence,in theLake, . . , . . . . . . . . .. . . . . . . . . . . . . . . Cochichewick Watershed District. . . . . . . . . . . . . . . . . . .. ... ... . . . .. . . . . . . . . . . . . . . . .. . . After a public hearing given on the above date, the Planning Board voted to , �Accept. . . . . . . ,the , , , � � Withdrawal. Without• Prejudice. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . based upon the following conditions: Si ed � � �•, cc: Director of Public Works George erna, Jr. , Chairman Board of Public Works " " " . . . . . . . . . . . . . . . . . . .• ' . . ' Highway Surveyor John Simons, Clerk Conservation Commission . . . . . . . . . . . . . ' . . . . . • • Board of Health Erich Nitzsche Building Inspector . . • • . . . . . . • • ' • " . . . . . . . . . . . . .. . . Police Chief Jack Graham Fire Chief . . . . . . . . . . Assessors John Draper Applicant, Interested Parties ' ' • ' ' .Planning Board. .. . . . . . Engineer, File MUM fflfl ;TOWN OF NORTH ANDOV LR MASSACHUSETTS Any awl Mail be filed ,}uN L6 Bei 2� P 9� i within(20)days after the date of filing of ails Notice �+� ^,...,.•`�5 s in the Of Irmo of the Town sS "Ust� Clerk. NOTICE OF DECISION June 26, 1991 Date. . . . . .. . . . . . . . . . . . . . . . . . . .. . . Date of llearing . . . %TP1P€.?Q4A99A Petition Of Warren . S . . . .Joya Sideri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected Lot B Great Pond Road . . . , , , . . . . . . . . . . . . . . . . I . . . . . . . . . . Referring to the above petition for a special permit from the requirements d, North Andover Zoning Bylaw —Section 4.135 Para. 7 - Watershed Protection of the . . . . . . . . . . . District So as to permit 01 'ARPstrpcti.anf . .0. a single,fami1X residence,wdithin the . . . . . . . . Watershed Protection District. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted t� CONDITIONALLY Sp the ecial Permit . . . . . . .. APPROVE' . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . based upon the following conditionls: ccs ' Director of Public Works Board of Public Works Highway Surveyor Signed Building Inspector g Conservation Commission George D. Perna, Jr., Chairman Board of Health . . . . . . . . . . . . Assessors John Simons, Clerk Police Chief . . . . . . . . . Fire Chief Applicant John Draper. . . . . . . .Engineer File Joseph, MandY. . . . . . . . .. Interested Parties Richard N,-r4gl7 q . . : . . . . . i'luilning �3oarc� WARREN & JOYA SIDERI PARCEL B, GREAT POND ROAD NORTH ANDOVER, MASSACHUSETTS SPECIAL PERMIT FOR CONSTRUCTION WITHIN THE WATERSHED PROTECTION DISTRICT. NORTH ANDOVER ZONING BYLAW, SECTION 4.136 PARA. 2.B.1. FINDINGS OF FACT: The Planning Board makes the following findings regarding this Special Permit as required by section 4.136 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3. The applicant has met the requirements of the Town for a Special Permit as stated in Section 4. 136 of the Zoning Bylaw. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. This application for construction within the Watershed Protection District, Section 4. 136 of the North Andover Zoning Bylaw, was specifically granted for construction or regrading within 100' of a tributary to Lake Cochichewick. The Planning Board has herein issued their approval for construction within the Watershed Protection District with the condition that this lot be tied into the existing sewer system. The applicant has made every effort to minimize the impact of the new construction on the Town's water supply. The Planning Board finds under Section 4.135 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires conditions in order to be completely in compliance. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North Essex Registry of Deeds. SMCIAL CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds. Included as part of this decision are the following plans: Plans entitled: PLAN SHOWING PROPOSED SEWER SERVICE AND PROPOSED LOT GRADING i I Plans prepared for: WARREN J. AND JOYA SIDERI PARCEL B, GREAT POND ROAD NORTH ANDOVER, MA. 01845 Plan prepared by: ANDOVER CONSULTANTS INC. 1 EAST RIVER PLACE METHUEN, MASS. Dated: JUNE 14, 1989 - REVISED: JUNE 51 1991 Any changes made to these plans shall be approved by the Town Planner. Any changes that the planner may deem as substantial shall require approval by the Planning Board. 2. The Order of Conditions approved by the North Andover Conservation Commission, and modified on June 5, 1991 shall be considered as part of this decision. 3. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 4. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 5. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 6. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7. No underground fuel storage shall be installed except as may be allowed by Town Regulations, 8. Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 9. Prior to the Building Permit being issued for the structure and again prior to occupancy of the structure, the applicant shall receive a written determination from the Conservation Administrator that all work being done under the jurisdiction of the Conservation Commission is being satisfactorily performed and maintained. 10. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 11. The applicant agrees, as a part of this conditional approval, that in no instance shall a septic system be installed on Parcel B. The Planning Board has herein issued their approval for construction within the Watershed Protection District with the understanding that this lot will be tied into the sewer system. 12.1 In no instance shall the Applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced above in condition #1 of this approval. 13. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be presented to the Planning Board and included in the file. 14. Any Residential dwelling found on Parcel B shall be guttered and drained by a pipe system into a leach pit. The leach pit shall be a minimum of 1000 gallon concrete pit with 24" depth of 1.5" stone around and beneath. Any runoff associated with the proposed driveway access shall be directed to and contained within the leach pit. 15. A No-Cut Zone shall exist outside the haybale and siltation control lines as established by the NACC. 16. Prior to the Applicant receiving a certificate of Occupancy, Drainage easements and wetland restriction easements shall be granted to the Town of North Andover. The easements shall be recorded with the Essex North Registry of Deeds. 17. Prior to receiving a Certificate of Occupancy the applicant shall submit a certified copy of an As-Built plan which shows all construction including, sewer lines, leach pits and other pertinent site features. This As-Built shall be submitted to the Town Planner for approval and shall be stamped by both a certified land surveyor and practicing engineer. 18. A bond in the amount of $5,000.00 shall be posted with the Planning Board for erosion control. This bond shall be in the form of a passbook with both the applicant and the Town of North Andover named directly. 19. All site work shall be completed by November 15, 1991. Final site grading and stabilization of all disturbed areas shall be completed by September 15, 1991. Any slopes not stabilized prior to Sept. 15, 1991 shall be sodded by the applicant. Should this work not be completed by the applicant the Planning Board may use the Erosion Control Bond for this purpose. 20. The plans shall be revised so as to show the limit of work I11 and haybale line outside the existing tree line. This Special Permit is granted with the condition that no existing trees be removed for the proposed construction. i cc: , Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File I II TOWN OF NORTH ANDOVER G '; R MASSACHUSETTS MAY I fi i47 AN "JI* PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant: WARREN J. &JOYA SIDERI Address: c/o Domenic J. Scalise , Esq. ' 89 ain street 1. Application is hereby made North Andover, MA 01841 4.13(x, 2.. D. I (a) For a Special Permit under Section-, Paragraph 7 of the Zoning Bylaw. 2. (a) Premises affected are land X and buildings numbered Part-PI R Street-Great Pond Rd. ,N. Andover, MA (b) Premises affected are property with frontage on the North South East West X side of _Great Pond Road Street, known as No. Parcel B - Great Pond Road . Street. (c) Premises affected are in Zoning District R2 and the premises affected have an area of RA 967 sq ft and frontage of _1_51,83 feet. 3. Ownership: (a) Name and Address of owner (if joint ownership, give all names) : _Warren J. Sideri and Jova Sider' Date of purchase March 8, 1985Previous owner M.E. Ostherr (b) If _applicant is not owner, check his interest in the preuises: Prospective purchaser Leasee Other (explain) 4 . Size of proposed building: Wont: plan sWont : herewitfh• t dee Height: ee p g stories: feet. (a) Approximate date of erection immediate (b) Occupancy or use (of each floor) rest en is - sing e family (c) Type of construction _ wnnLTamo 5. Size of Existing Building: x_ n _ feet front: feet deep Height: stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) r 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? Yes If so, when 8-4-89 Application withdrawn without prejudice 7. Description of purpose for which Special Permit is sought on this petition: Special permit to erect single family residence within watershed protection district 8. Deed recorded in the Registry of Deeds in Book 1939Page 85 or Land Court Certificate No. Book _ Page 9. The principal points upon which I base may application are as follows: (must be stated in detail) . The shape of the lot prevents building in a location outside 100 foot setback from tributary to the lake. There will be no significant degradation of water quality or quantity in or entering the lake. The lot is presently serviced by town sewer. All work will be in strict compliance with the "wetland act" as administered by the North Andover Conservation Commission. I agree to pay for advertising in newspaper and postage fee for mailing legal notices to "Papties in n re t" . --- (TetitiorAfls Signat re '-- Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication supporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or `private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAMES ADDRESS Gerald B. and Carolyn Moses 25 Castlemere Rd. , No. Andover, MA 01845 J.M.B. Realty Trust c/oBelco 325 Great Pond Rd. , No. Andover, MA 01845 Charles and Elda Benedetti 350 Great Pond Rd. , No. Andover, MA 01845 Town of North Andover 120 Main St . , No. Andover, MA 01845 Edmund F. Leland 254 Great: Pond Rd. , No. Andover, MA 01845 Mark and Wendy McLennan 326 Great Pond Rd. ,No. Andover, MA 01845 ' Add additional sheets if necessary Any question should be directed to the Planning office • '. •O. DANI APRIL Y" Pe NQRT?; VER f�., iaas ;'• OCT 23 9 44 AN °gi .,^ue� Any appeal shall be filed TOWN OF NORTH ANDOVER within (20) days after the MASSACHUSETTS date of firing of this Notice in the Office of the Town BOARD OF APPEALS Clerk. NOTICE OF DECISION Date . C]ctober. .22, . 198ra . . . . . Warren J & Joya A Sideri c/o Alfred L. Daniels , Esq. Petition No.. . . .2a�a7. . . . . . . . . . . . 32 Chestnut St. Andover, MA 01810 Date of Hearing. .oc.tober• •14,. .1986 Decision 10/21/86 Petition Of Warren J & Joya A Sideri Premises affected . . . . . . . . . . . . . 1.3 3. 2 l e.a s a.n t. .S t... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements 0602 .section. .4,. . . Para.graph. 4 . 1.221.14). .of. .th.e . 2.onkng. SyLaws. : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .major -ex-ter•ior -struc-tural. •changes . to. a •dwelling .beinq- converted -fro.m • a• •2-•f am•ily. .to. .a. .4-f•ami:ly. .uni•t1: . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . GRAN-T . . the v a r i Asn Pe . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a Permit to . . . . . . .Wa.rren . J-0. Jpy:a. A .Si;der.i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . . . for the construction of the above work, based upon the following conditions: Signed � Al�r�/ ll�i ch airman . .Aug Stine. Nierspn., . Clerk . . . . . . . . .wi 11i am .S u.l l i.van. . . . . . . . . . . . . . . . . . . .Walter. Soule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals pORT„ 3ARIE1- 0'113 TOW6 t p NOR1.i , «EVER OCT `L3 9 44 AM X66 ��+aa Any appeal shall be filed within (20) days after the TOWN OF NORTH ANDOVER date of filing cf this Notice MASSACHUSETTS in the Office of the Town Clerk. BOARD OF APPEALS October 22 , 1986 Petition #28-87 Warren & Joya Sideri 133 Pleasant Street Mr . Daniel Long, , Town Clerk 120 Main Street North Andover , MA 01845 Dear Mr . Long, The Board of Appeals held a public hearing on October , 14 ; 1986 upon the, application of Warren & Joya Sideri requesting a variance from the requirements of Section 4 , Paragraph 4. 122 (14) of the Zoning Bylaws so as to permit major exterior structural changes to a dwell- ing being converted from a 2-family to a 4-family unit. The follow- ing members were present and voting: Alfred Frizelle , Vice-chairman, Augustine Nickerson , Clerk , William Sullivan , Walter Soule . The hearing ata« advertised is the Wortka "lever Citizen on •N; � 5 and October 2 , 1986 and-all abutters we" Ayetified by regular mail . Upon a motion made by 'William Sullivan and seconded by Augustine Nickerson, the Board votedunanimously to GRANT the variance as ,requested. The Board notes that it granted a Special Permit for this property on August 12 , 1986 and finds that 'due to the , shape of the building that the changes will not derogate from the intent and purpose of the Zoning ByLaws nor will it adversely affect the neighborhood . Sincerely, BOARD OF APPEALS Alf d Frize le vine-c irman /awt hece.ived by Town Rllimk:, 7.0,/?y' NORTIi AU�VER JUL 21 12s� P '86 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE c/o Alfred L. Daniels, Esq. 32 Chestnut Street Applicant Warren J. and Joya,A. SideriAddress Andover,- MA 01810 1. Application is hereby. made.: Telephone: 470-2246 A) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws . 4 .122 ( 14 ) b) For a Special Permit under Section 4 Paragraph of the Zoning By Laws . _ c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land _and building(s ) numbered 133 Pleasant Street Street. b) Premises affected are property with frontage on the North ( ) South ( )East (X) West ( ) side of Pleasant at corner of Davis St . Street , and known as No. 133 Pleas'a_n_f-__ Street . c) Premises affected are in Zoning District R4 , and the premises affected have an area of 12 , 790 square feet and frontage of 113 .0 feet . on Pleasan �-and 104 . 91 on Davis Street 3. Ownership L : a) Name and address of owner (if joint ownership, give all names ) : Warren J. Sideri and Joya-A_Sideri f Date of Purchase June 17 , 1986 Previous Owner Doris M. McGibbon b) If applicant is not owner, check his/her interest in the premises: t -Prospective Purchaser Lesee Other(explain) * Second story • 4',� Size of proposed building: - front; feet deep;addition in the ' " : Height 2 stories; See* feet-. rear of bldg. wit ` a) Approximate date of erection: Fall of 1986" enclosed stairway b) Occupancy or use of each floor: Residential c') Type of construction: Wood Frame 5. Size of existing building:_ feet front; feet deep; Height 2 stories;See Planfeet . a) Approximate date of erection: 40 years old estimated b) Occupancy or use of each floor: Residential c ) Type of construction: Wood Frame 6. Has there been a previous appeal, under zoning, on these premises? No If so, when?� � s 7. Description of relief sought on this petition Special Permit to corxyerQxistBg_ wo 2Lfamily resTidence to four ( 4 ) residential units. ., 8. Deed recorded in the Registry of Deeds in Book page_ Land Court Certificate No. Book Page :7�^ The principal points upon which I base my application are as follows: (must be stated in detail ) In this area, there are numerous multi-family dwellings and it is an appropriate location for four units, as there is plenty of room or parRing, .little exterior mgdifications are required, and the proposed use would not nd-srensely affect the nfl g1j1joraacxd,__ - I agree to pay the filing fee, advertising in newspaper, and incidental expenses* S gnature of eti onerTs Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere - notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner , abutters , owners of land directly Opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300 ' ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan. of . land approved by the Board. No petition will, be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. j LIST OF PARTIES IN INTEREST d Name Address Arnold R. Barbar - Philbrick 83 Davis St . , No. Andover, MA; Elizabeth H. Bohne 73 Davis St . , No. Andover, MA J.V. Realty Trust 14 Chickering Rd.. No. Andover, MA Earnest G. & Dawn M. Harvey 134 Milk St . , No. Andover, MA Helen Belanger 9 Lincoln St . No. Andover, MA Roy R. & Elizabeth Little 17 Lincoln 5t . No. Andover, MA " John F. Belluardo 21 Lincoln St No. Andover, MA C Frank A. Belluardo 21 Lincoln St . No. Andover, MA DennisBelluardo 21 Lincoln St . No. Andover, MA ' Delores Belluardo 21 Lincoln St. No. Andover, MA Michael J. Polizzotti 132 Pleasant St . No. Andover, N Peter S. Sophie D. Agey 130 Pleasant St. No. Andover, h Edward V. III & Jean T. Seero 92 Davis St . , No. Andover, MA is ff (use additional sheets if necessary) f: i 1 RG�` 4g�G - CSAN;c:L� ERK y0P i ii x,,¢OO�ER TOWN OF NORTH ANDOVER a � a 130 p MASSACHUSETTS PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant 1jarren J and Jova Sideri Addressc/o Attorney Domenic J. Scalise 89 Main Street 1. Application is hereby made N. Andover , MA 01848g5 (a) For a Special Permit under Section _4,13 Paragraph 1 2 3 of the Zonin g By-Law. a`ncJ1 2. (a) Premises affected are land X and buildings numbered Parcel "B" Street. Great Pond Road, North An_Jover, MA 01845 (b) Premises affected are property with frontage on the North South East_ West X side of.Great Pond Road Street, and known as F No. Pa eel " " C a pond RdRtmis (c) Premises affected are in Zoning District R2 , and the premises affected have an area of 54 . 962 sq. ft. and frontage of 151 . 83 feet. 3. Ownership: (a) Name and'address of owner (if joint ownership, give all names): _Warren J. Sideri and Jova Sideri Date of purohaseMarch 8, 1985 Previous owner Mary Ellen Osthe'rr (b) If ,applicant is not owner, check his interest in the premises: Prospective purchaser Lessee Other (explain) As per plan submitted herewith. 4. Size of proposed building: front; feet deep Height: . stories= _ .1 feet. (a) Approximate date of ereotion -upQn installation of Public Sewer presentlyess.in (b) Occupancy or use (of each floor) Residential - Single Family pt-a� (e) Type of construction wood frame 5. Size of Existing Building: N.A. feet' fronti feet deep t Height:' stories feet. f!1 (a) Approximate date of erection (b) Occupancy or use (of each floor) f' 1 (c) Type of construction 6. Has there been a previous application for a Special Permit from the4Planning Board on theme premises? no If so, "when 7. Description of purpose for which Special Permit is sought on this petition: Applicants wish to construct a single family residence upon the Locus.— At the ocus.Atthe time the lot was created the moratorium on construction was in effect, but has since terminated. The present lot is dimensionally . grandfathered under the provisionsof M.G.L. Chapter 40A. (over) 1 8. Deed recorded in the Registry of Deeds in Book 1939 Page, 85 or Land Court XS,e ftft3M*xS=x x x x Mto*x x x x x x XYMWXxxxxX 9. The principal points upon which I base my application are as follows: (must be stated in detail) The proposed use has a minimal impact on the neighborhood and is in harmony with the general purpose and intent of this By Law. r I agree to pay for advertising in newspaper And postage fee for mailing legal notices t9 ties in rests% AA4j&.!e ag!gy,6! A k!! Petitioner's signature) VF Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. ' Every application shall be submitted with a list of "PArties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public un private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in-another city or town, the Plan— ning Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS ADD ADDITIONAL SHEETSt IF NECESSARY. LIST OF PARTIES OF INTEREST MAP # PARCEL # NAME ADDRESS 3 mutt , t Wvi. MAC 1ANNAN ii;74�filff IlAod eQ,44 s- a �c •- _. — �� A40 pot 0 3 -- Tower : Naxth AHiays — ao N 4Tzscf e 137#9 CA IT4 CAA R n?o,at *qW 37R �° AcAAASI L +9 tLA 8VAKC • ,f�j' �Gt �,v+L 44 S 1 , ITHE ZONING BY LAW TOWN OF NORTH ANDOVER, MASSACHUSETTS I1972 Reprinted 1985 i OF ttORTN '9 O O 4p , 5 �SSAC PLANNING BOARD f a -35- I . 4. 133 Watershed District (1 ) Purpose: The Watershed District surrounding Lake Cochi.ch- ewick, our source of water supply, is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lake, to conserve the natural. environment and to protect the public health, safety, and welfare . (2 ) Prohibited Uses: a) Dumping trash, rubbish, garbage, wood stumps, peat, junk, or other waste materials, underground steel storage tanks for petroleum products shall be prohibited . ( 1985/13 ) (3 ) Dimensions and No Build Requirements : a) Boundaries of the Watershed District are designated specifically on the certified North Andover Watershed Map, 1978, and are shown on the Zoning Map. These maps are hereby made a part of this By-Late and are on file in the office of the Town Clerk. b) When the Watershed 'District boundary divides a .lot of record onlJune 26, 1978 in one ownership, all theizoning regulations set forth in this Zoni6g By-Law applying to the greater part by ar4a ' of such lot so divided may, by Special Pe#mit, be deemed to apply and govern at and beyond such Watershed District boundary, but only to an extent not more than one hundred ( 100) Linear feet in depth (at a right angle to such boundary) into the lesser part by area of sucli lot so divided. c) A no-cut buffer zone shall exist one hundred fifty ( 1501 feet horizontally from the annual mean high water mark of Lake Cochich- ewick and twenty-five ( 25) feet horizontally from the edge of all tributaries in the Watershed. d) No construction shall occur two hundred fifty ( 2.50) feet horizontally from the annual mean high water mark of Lake Cochichewick and one hundred ( 100) feet i 1 �. -36- horizontally from the edge of all tribe-- taries. The intent herein is dimensional and the North Andover Board of Appeals shall grant variances upon a showing of substantial hardship owing to the soil , shape or topography of the land, including the right to cross such tributaries. ( 1985/14) .(4 ) Lake Cochichewick Preservation Amendment ( 1985/12) a) Notwithstanding anything contained in this bylaw to the contrary, no permits shall he issued for the construction of any new building, structure, road, or driveway or for earth removal. , except for the proposed municipal water filtration plant, within the Watershed District for a period of three ( 3 ) years from the effective date of this amendment . b) This amendment shall not apply to any renovation, alteration, or addition to an existing building, structure, road, driveway, or any structure in agricultural or horticultural use. c) A use variance may be granted by the Board of Appeals for the issuance of a ?wilding permit within this three-year period but note for a use not otherwise allowed by the distrist regulations . 4 . 134 Flood Plain District (1 ) Flood Plain District The Flood Plain District is herein established as an overlay district . The underlying per- mitted uses are allowed provided that they meet the Massachusetts State Building Code dealing with construction in floodplains and the following additional requirements . The Flood Plain District includes all special ' flood hazard areas designated as Zone A, Al-30 on the North Andover Flood Insurance Rate Maps, (FIRM) , and the Flood Boundary and Floodway Maps, dated June 15 , 1983, on file with the Town Clerk, Planning Board, Conservation Commission, and Building . Inspector . These maps, as well as the accompanying North Andover Flood Insurance Study, are incorporated herein by reference. Received by Town Clerk : f FORM A APPLICATION FOR ENDORSEMENT OF PLAIT f a taELIEVED NOT TO REQUIRE APPROVAL NOV 2- ai! TJoVEMBE� 1 19 8(0 To the P'lanninq. Noard of .the Town of Horth Andover: .The undersigned wishes to record the .accompanyina plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approvi is not required for the following reasons : 1 . The division of land, shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by-the North Andover Zoning By Law and is on a public way , namely, IZZoKM:) or a private way , namely, being land bounded as follows : sov~4-��s�•eri.� b� Gf'e�.fi 1"�o,nc1 �ac�.c:! 1_ t Som-�1ntr ��1 �p� tC�v�� V1ts orr+r�,:r�� T L2�G�G Ynof e_C4. S_-eIr 1�, b� l av,cl n ow ' or �Or-r4-e_r 2 . The division of land shown -on the accompanying plan is not a sub- division for the following reasons : Qc�e� Oh 3 . Title reference 'North Essex Deeds , Book Page 85 __; or Certificate of Title No . Registration Book Pane Applicant 's . Signature owner's signature and address if not the applicant ; J Applicant ' s Address: leod2 "� Kitt.. Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement .has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the 'Subdivision Control Law. VerjL truly yours , ORT,N ANDO-VEP. PLANNING BOAR By : Date J f � ID ' a h d Any s! e o. 1 i F Aman+ a f••. 1855 ;h Cid theOfilGB, �T lJ( Tu( '�IICHU5f'`4` n Cler'K. 'TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Warren & Joya Sideri c/o Domenic J. Scalise, Esq. Date May 3., 1990 . . . . . . . . . . . . . . 89 Main St. N. Andover, MA 01845 Petition No,. . .102-89 April 10, 1990, March 13 Date of Hearing. 44Y. 1.,. ,1990. . Peititwn of . . . . . . .waxxen .§ .?oya .cider . . . . . . . . . . . : . . . . . . . . . . . . . . Premises affected . . . Paxcel.J3. r.,Gzeat. Pond .;toad. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Referring to the above petition fpr a variation from the requirements of EW .SeaiA-4 .4,133. . Paragraph. 1.,.2,3 .and. A of.the. Zoning. Bylaw. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit construction-of, single, .family. dwelling. within. 10.0. .feet. . .;. of. .a .tributazy .of. the .lake. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . .. . After a public hearing giver) on the above date, the Board of Appeals voted to . .GRANT. . . . : the variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a Permit to . . .Warren• & -Joys. S•ideri. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, ased upon the following conditions: 1. Petitioner to hook—up proposed residence to Town sewer to be constructed on Great Pond Road prior to Occupancy Permit being issued. S' ` a.@ Frank.Serio, ,Jr„• . . airman Augustine Nickerson, Clerk . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . Walter Soule Raymond' Vivenaio. . . . . . . . . . . . . . . . . . . ” ' Louis.Rissin .-.abstalned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Ionia aPP�'ai shall be filed f NORTH HY Any she a .E �o F .^i w{tli{n l2101 '\lotice o data of fi {J i in the Office of the TOW{ ~- Gierk, 9SSACHU ES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Warren & Jaya Sideri * Petition: 4F102-89 c/o D. J. Scalise, Esq. 89 Main Street * DECISION N. Andover, MA 01845 * * * The Board of Appeals held a public hearing on Tuesday evening March 13, 1990, April 10, 1990 and May 1, 1990 upon the application of Warren & Jaya Sideri request- ing a variation from the requirements of Section 4.133, Paragraph 1,2,3 and 4 of the Zoning Bylaw so as to permit construction of a single family dwelling within 100 feet of a tributary of the lake on the premises located at Great Pond Road, Parcel B. The following members were present and voting: Frank Serio, Jr. , Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 22, 1990 and March 1, 1990 and all abutters were notified by regular mail. Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board voted to GRANT the variance as requested, upon the following condition, i.e. that petitioner hook-up proposed residence to Town sewer to be constructed on Great Pond Road, prior to issuance of Occupancy Permit. The vote was: in favor; Serio, Nickerson, Soule, and O'Connor and one abstained, Rissin. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not derogate from the intent and purpose of the Zoning Bylaw nor will it adversely affect the neighborhood. The Board further finds that the siting of the proposed single-family dwelling from the newly-designated edge of the wetlands, as approved by the Conservation Commission, presents a minimal intrusion into the 100' buffer zone consistent with the purposes of the Watershed Protection District. Dated this 3rd day of May, 1990. BOARD OF APPEALS Frank 9erio, fr. Chairman /awt y ��ggpp 4 L U) y f.NORTH, 2 as a p Yt •a yy��E��r.p,y�.gE Any an?^al shall be filed51 "ju within (17-s aft^r the x�q p^nMEv^EPh 4`# s , date c# �i.in of t;-,is ;'notice SA1.11 in the Office of, the Town TOWN OF NORTH ANDOVER Clrl(4 - MASSACHUSETTS BOARD OF APPEALS Ercole L. Sideri, Jr.* Petition #97-89 412 Main St. N. Andover, MA 01845 DECISION The Board of Appeals h Id a regular meeting on Tuesday evening, February 13, 1990 and March 13, 1990 upo the application of Ercole L. Sideri, Jr. requesting a variation of Section 7 Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit construction of garage to within 11' of side lot line, 15' is required on the premises locate at 412 Main Street. The following members were present and voting: Frank Ser o, Jr. , Chairman, Augustine Nickerson, Clerk, Walter Soule and Raymond Vive zio. The hearing was advert sed in the North Andover Citizen on January 25, 1990 and February 1, 1990 and a 1 abutters were notified by regular mail. Upon a motion made by r. Vivenzio and seconded by Mr. Soule to grant this variance, the vote was one (1) in favor and three (3) opposed, therefore the variance is DENIED. The Board finds that t e petitioner has not satisfied the provisions of Section 10, Paragraph 10.4 of the oning Bylaw and that the granting of this variance would derogate from the inte t and purpose of the Zoning Bylaw and would adversely affect the neighborhood. Dated this 14th day of March, 1990. BOARD OF APPEALS a ' Frank Serio, Jr. Chairman /awt M °•"n!•'� r• Amnrn ;rb �Q�`i An nn ! '_�.: 1853 :•• �QR~ q „�.y�.':�t�Y� Y app al Shafl be filed 1'"•cHu�� 't� I� A � � within ^�1; , date ;i,:nl; of this after the51 Notice TOWN OF NORTH ANDOVER in the Office of the Town MASSACHUSETTS Clerk. �— BOARD QF APPEALS NOTICE OF DECISION Ercole L. Sideri, Jr. 412 Main St. Date March 14, 1990 N. Andover, MA 01845 Petition No..?7-8.9. . . . . . . . . . . . . . . . February 13, 1990 Date of Hearing.March.13; 1990 petition of . . . . . Ercole. L... .Sideri,,. Jr. . ._ . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . Premises affected . . .412, Main.$t.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Referring to the above petition for a-variation from the requirements of the Section. 7.,. . . . . . Paragraph 7.3 and Table 2 of the Zoning Bylaw eo as to permit . .construction•of. garage• to- -within. 1.1'. .of. side .lot. 13ne, .15'. required .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . ..:. . After a public hearing given on the above date,the Board of Appeala voted to .DENY . . • : the variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I!III!' jilliIII, 1111011111111 Motion made and seconded to grant this variance, vote was one (1) for and three (3) opposed, therefore the variance is DENIED. Signed Frank SSer o3 , Jr. ," 0airman Augustine Nickerson, Clerk Walter Soule Raymond Vivenzio . . . . . . . . . . . . . . . . Board of Appeals 1 . Receifdk by 'Town Clerks T 0 i Nli 0riwR TOWN OF NORTII ANDOVER, MASSACI 'S AN '90 BOARD of APPEAL-" APPLICATION FOR RELIEF FROM THF. REQUIREMENTS OF VIE 2.ON1NG ORDINANCF c/o Domenic J. Scalise, Esq. Applicant Warren J. & Joya Sideri Address 89 Main Street ------ -fit �8-18 4 5 1 . Application is hereby made: 3 a) For: a variance from Elie re•luiremeuts of Section 4i13�aragraPl: 1 , 2, 3 & 4 and; Table of Elie Zoning ny La:+s .of 1985. b) Rar&MX;p*X-INkxReldaa xxWiexxgactK mxxxx_ XngRicpdxxxxx)Ax*iORXIkWx�slD "Ams . c) "n)(mixtYxkviRk#r jwximxRxk"mokftOX34Rx"gwkexftx*h M"&dxUxQgx I Il!a vctmbtacat xWx xtbr x XR%tW1hV- 2. at Premises affected are land-x--and building(-" )--numbere(lParcel "B" r,r ea t .Qon.d_$earl.-N-.-_Ando-v.P b) Premises affected are property with frontage on the North ( ) south ( ) East ( ) west (x) side of Great Pond Road _ Street , and known as No. Parcel n Road _ RkwQn t. c) Pxemiscs affected are iro Zoning bistrictR1 and Elle premises affected h;tve an area 0[54 ,962 square feet and frontage of 151 . 83 feet . �_--- 3. Ownership a ) Name and address of owner ( if joint ownership, give all names ) y _Warren J__Sider � 1 Date of Purchase March 8r 1985 Previous owner Mary-Ellen ostherr b) If applicant is not owner , check his/her interest in the premises: Prospective Purchaser --Lesee `-other (explain) 4) size of proposed building. 69 ' __-_front;-- 57 feet deep; " height 2 stories; 30"feet . a ) Approximate date of erection:2pon installation of public sewer presently in process . _ b) occupancy or use of each floor: aeaident.ial single family c.) Type of construction: wood frame___.___--- 5 . Size o•f existing building: n/a [el:t fronts_ feet deep., height __stories;'_^Leet . a ) Approximate date of .erect lon:!_ n/a_____ b) occupancy or use of each floor :_� _V___ c ) Type of G. 11as there been. a previous trppeal , under roning, on Elie' _ premi .^.es7 — Nam it so, when?V---- r Descr+Iption of relief sougltE on tolls pctltlor, A` p i ant re ue is a v�rjpnce from he pyovision of Section 4 . 133 Paragraphs 1 . 2 , -t-ir0-1 -2uning•.,lBy-Law o as!'to allowthe construction of a_small single •'`.• •amily dwelling within 1'®A feet f a Atibutaryol_ the la a , -- Deed recorded ill the Itegistry of Deedtt In IJOOO: t 1939 Page 85 lxumdxgtottktx *Affralg(s)axxxx_xxxxgoric:txxxxxxBKgrdcxxxxxxx . _ he prirteflInt points trot, which 1 base my tpi)llcatiou are as followst must be stated in detail ) The 'lot is unbuildable without i variance and .th4'shape of the' lot prevent's building in a location outside 1001 setGac rom ..tributary o a e. Ther.i, will be no envi.r�tal impace upon the lake or it ' stributary. Al.l work will' be in strick compliance with the "Wetland Act" as admindstered by the North Andover Copselvati•on Commission agree to pay the filing fee, advertisit,g In newsrarer, told incidental SlgllatuCe O Pe P. ' �C{s) ,. very application for action by the hoard shil!ls be made on a form approved = V the hoard. I'he!1e forms shalt be f.urnisbed by Elm Clerk Iron reriuest . . ply communication purporting to be an application shall be treated an nterr, ' :otice of intention to seek relief ttitll such titne •tn It Is "lade on the I ' fficiat application [Orin. All inEormttjrnl called -for by the form shall c furnished by the applicant in ttor. manlier Fillerein. prescribed . t very-application sl,atl be submitted with it ti.^•t of "Pantie.^, In lntereMt" hick list slltlt Include .the petitioner , alytotter. owners of land dlrrctly prosite an airy public or private street or way, :end abutters to the butters ,withirt ' three hundred feet (Joo' ) of the l+r.operty line of the etitiorrer, as they appear • bn the most recent applicable tax Lint, otwltltstanrling that the land of any such owner is .located Cn ariothr-r. city r town, the I'tan"1119 Hoard of Elie city cr town, , and the Ptaiming hoard of.. very, abuttliog city or Eawn. Every application stitlll be submltteri with an altlllicatton charge cost III lie arnount of $25.00. In addition, the petlt•ioncr niihlt 1). reslionslbtr_ or any and all costs involved it, bringlttg the petitian before lila_ uch- costs shalt include Inniling and publicatlon, but are not necessarily, ''': ';>.i ' Invited to these. very application shalt be subn,ltted with a plan of land approved by the otrd. Ito petttion will be brought before Elie 0oarrl -unless said lila" has `'rt een nubmitted. copies of the hoard's r.eyuirrinctitn r",lar.ding ptatn are ttacl,ed hereto or are available from the hoard of Appeals upon rcrlrtest . l LtS'C UP CAIt'1'IE5 lt! lNi'[:IiES'C ...;, little . Address See Attached 1 LIST OF PARTIES OF INTEREST Y MAP 1 PARCEL ! NAMEADDRESS 37A 3 Mark A. & Wendy W. MacLennan - 326 Great Pond Road, N. Andover 37A 5 Charles & Elda I . Benedetti - 350 Great Pond Road, N. Andover i 37A 6 Edmund F. Leland - 254 Great Pond Road, North Andover 37A - Town of North Andover - 120 Main Streeti, North Andover 37A 8 Gerald B. & Carolyn R. Moses - 25 Castlemere�_--__-__-____-_._- 37A 10 Richard L. & Pamela J. Burke - 325 Great Pond Road, North Andover Oversized Maps on file with the Town