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HomeMy WebLinkAboutRENNICKE, PATRICIA � M RECEIVED •?' NWIEL LONG o , An�am TONIN CLERK r• �m be feed s; teas: NORTH ANDOVER \� the '• An appeal 's as 12 11 is AMIN ,f\I `�M °� th'iJ ON0 TOWN OF NORTH ANDOVER dat the o{ MASSACHUSETTS iG\eY� BOARD OF APPEALS NOTICE OF DECISION Patricia Rennicke 6 Woodberry Lane Date . April. l2, . . . . . . . . . . . Petition No.. . 104-89 . . . . . . . . . . . . . Date of Hearing. . April. Petition of . . Patricia. Rennicke. . . . . . . . ... . . . . . . . . . . . .. . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . 6. Waodberry. I.ane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of t .Section. .7...3 .and Section.G.13.5, .Paragraph.7C. and Table. .2 .of. the- -Zoning. Bylaw. . . . . . . . . . . . . . . so as to permit .building .addition within. .69! -of. wetland,. replace. existing. deck. . .: 10•'• :from• rear. •lot• kine, -buiMing:narrower•deck .12! -from •1ot.lin,e. . .Build .addition that is over } size of house. After a public hearing given on the above date, the Board of Appeals voted to GRANT . . . . . the variance as requested for building in the wetland and allow the petitioner to withdraw the variance for 50% sizeand hereby authorize the Building Inspector to issue a Permit to . Patricia. Rennicke. . .to . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . replace the existing deck within 69' of wetland. for the construction of the above work, wedhiar. sign � o rank � Se iY o, Jr.�Charman William Sullivan, Vice-chairman Augustine Nickerson, Clerk Walter Soule Raymond Vivenzio . . . . . . . . . . . . . . . . Board of Apps r ti RECEIVES fOWL LONG NO RTii •- �aii be §fled CLERK OR9H ANDO ' O - p PAY appeal s of er th e os fail 11 1 O jc y Nat ACHU�t� e Town SS intthe Office of. tile TOWN OF NORTH ANDOVER Gerk' MASSACHUSETTS BOARD OF APPEALS Patricia Rennicke * Petition: 4104-89 6 Woodbury Lane * DECISION N. Andover, MA 01845 * * The Board of Appeals held a public hearing on Tuesday evening, April 10, 1990 continued from March 13, 1990 upon the application of Patricia Rennicke re- questing variances from the requirements of Section 7.3 and Section 4.135, Paragraph 7C and Table 2 of the Zoning Bylaws so as to permit building an addition within 691 of a wetland, replace existing deck 10' from the lot line(rear) and building narrower deck 12' from the lot line. also build addition that is over } size of the house on the premises located a 6 Woodbury Lane. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule and 'Raymond Vivenzio. The hearing was advertised in the Lawrence Tribune on February 28, 1990 and March 2, 1990 and all abutters were notified by regular mail Upon a motion made by Mr. Soule and seconded by Mr. Sullivan, the Board voted, unanimously, to GRANT the variance as requested for building in the wetland, and further allow the petitioner to WITHDRAW WITHOUT PREJUDICE the variance request for the 50% size: The petitioner states the addition does not exceed 50%. 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 nsot derogate from the intent and purposes of the Zoning Bylaw nor will it adversely affect the neighborhood. Dated this 12th day of April, 1990. BOARD OF APPEALS 4 Frank 'erio, Jr) Chairman /awt t MUM fflfl TOWN OF NORTH ANDOVER RECE1VE11ro MASSACHUSETTS 1f14VttCLEK �!l��ttTH °�`��Ct{Vp�EykR NORi« ) 22S ! i! ' 3�D,•� w gi1.o 617 Any appeal shall be filed 20 after the 'T'TA U`+'S4y within( y� date of filing of this Notice In the Office of the Town NOTICE OF DECISION Clerk. Date.April 23, 1990 . . . Date of BearingAP.44 X9..1990, Petition Of . . .Patricia Rennicke . . . . . . . . . . . . . . . . . . . . . Premises affected „6 Woodberry Lane. . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the , North.Andover Zoning. BXlaws�Section 4.135 -, watershed.District . so as to permit -.thl.c0nstructiOn of.an.addition to an existing.structure within 69 feet of a wetland area. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . After a public hearing given on the above date, the Planning Board voted CONDITIONALL]C to $RIZ4RvA . . . . . . . . .the . .§PBCIAL P.MU41T. . . . . . . . . . . . . . . . . . .. . . .. . . . . . . based upon the following conditions: cc: Director of Public Works Board of Public Works Sigried � � Highway Surveyor Building Inspector George Perna. . r.:.Chairman. Board of Health Conservation Commission John Simons, Clerk . . Assessors Police Chief Erich Nitasche . Fire Chief Applicant Jack Graham Engineer File, Interested Parties . . . .tylaniiing . B oard. . . . . . . . OFFICES OF: a?' �0 Town Of 120 Main Street BUILDING NORTH ANDOVER North Andover CONSERVATION 4`*:r,°:oma <e Massachusetts 01845 HEALTH @Q "osE` DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR April 23, 1990 Mr. Daniel Long Town Clerk , Town Hall 120 Main Street North Andover Re: Special Permit Watershed District, Patricia Rennicke, 6 Woodberry Lane Dear Mr. Longa The North Andover Planning Board held a public hearing on April 5, 1990, upon the application of Patricia Rennicke, 6 Woodberry Lane, North Andover, requesting approval of a Special Permit under Section 4. 135 of the North Andover Zoning Bylaw. The hearing was duly advertised in the North Andover Citizen on March 22 and March 29, 1990 and all parties of interest were properly notified. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. The applicant is seeking approval of a Special Permit to construct an addition to the existing structure within 69 feet of a wetland area. The premises affected is located on the North side of Woodberry Lane, known as 6 Woodberry Lane, in a Residential-3 (R-3) Zoning District and Lake Cochichewick Watershed Overlay District, containing 40,602 sq. ft. with frontage of 150. 6 feet. For the record John Simons did not participate in the discussion for 6 Woodberry Lane as the applicants and the Simons are friends. John Draper read the legal notice to open the public hearing. Mr. Rennicke spoke to the Planning Board on the application before there. He stated that the Conservation will not monitor the proposed construction of an addition. Hay Bales will be placed at the site. The applicant stated that they will be connecting to the sewer on Marbleridge Road. A motion was made by Erich Nitzsche to continue the public hearing to April 19, 1990 and direct the Planner to draft conditionsincluding 1 . ) abandon the septic system and connect with the sewer on Marbleridge Road; 2 . ) loam and see construction road; 3. ) Hay bales will be placed; 4 . ) only if a variance is granted from the Zoning Board of Appeals; 5. ) all debris will be taken care of around the site. The motion was seconded by John Draper and voted unanimously by those present, including John Simons. Page 2 : On April 19 , 1990 the Planning Board held a regular meeting in the Town Hall, Selectmen' s Heeting Room. The following members were present: George Perna, Erich Nitzsche and John Simons. Jack Graham arrived at 9:00 p.m. John Simons read the notice of decision from the Zoning Board of Appeals. No variance was required. The addition will be less than 50% of the existing structure. Hr. Rennicke had questioned on Condition #3 and Condition #10. Those conditions were clarified. Condition number 5 of Finding of Facts will be clarified by stating the reason for the Board approving this Special Permit being the applicants are connecting to a sewer. A motion was made by Erich Nitzsche that the Planning Board approve the Special Permit for construction in the Watershed Protection District under the Zoning Bylaw, Section 4. 135 for Patricia Rennicke, 6 Woodberry Lane in accordance with the draft decision before the Board and amending Finding of Facts #5 to reinforce that the applicant is eliminating an on-site sanitary system and tying into the sewer system which is one of the reasons the Planning Board is approving this application, and within the same motion make a motion to close the public hearing. The motions were seconded by John Simons and voted unanimously by those present including the Chairman. Those conditions are attached. Sincerely, PLAN��N//ING BOARD George Irerna, Jr. , hair attachment ' CC: Director of Public Works Board of Public Works Highway Surveyor Assessors Building Inspector Conservation Commission Board of Health Police Chief Fire Chief Applicant Engineer File e PATRICIA RENNICKE 6 WOODBURY LANE SPECIAL P$R11IT FOR CONSTRUCTION WITHIN THE WATERSHED PROTECTION DISTRICT. ZONING BYLAW, SECTION 4.135 FINDINGS OF FACT• The Planning Board makes the following findings regarding this Special Permit as required by section 4.135 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 for. 3 . The applicant has met the requirements of the Town for a Special Permit as stated in Section 4. 135 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 or regrading within the Watershed Protection District, Section 4. 135 of the North Andover Zoning Bylaw, was specifically granted for construction or regrading within 100 ' of a tributary to Lake Cochichewick. Specific reasons why the Planning Board believes that this application has met the requirements under section 4. 135 include: a. The application is only for the construction of an addition to an existing home. It will not involve any additional bathrooms, showers or other related uses. b. The applicant will disengage an existing septic system on the lot and will tie into the town sewer system. The net effect of this conversion will be to reduce the potentially adverse impact on the water supply. C. The applicant has provided an adequate erosion control and construction activity plan that will minimize any potential impacts of the 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 minor conditions in order to be completely in compliance with Town Bylaws. 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. SPECIAL, CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds. Included as part of this decision are the following plans: PLAN OF LAND IN NORTH ANDOVER, MA. OWNED BY PATRICIA Q. RENNICKE DATED: 3/1/90 PREPARED BY: SCOTT L. GILES R.L.S. NORTH ANDOVER, MASS. All plans shall be on 24" x 36" sheets 2 . All Planning Board Order of Conditions, issued herein, are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 3 . A final set of plans shall be drawn with regard to the conditions contained herein. The Plans shall be submitted to and approved by the Planning Board prior to endorsement and filing with the North Essex Registry of Deeds. 4. The Determination issued by the North Andover Conservation Commission, Dated 3/29/90, Shall be considered as part of this decision. 5. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 6. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 7. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 8. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 9. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 10. 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. 11. The provisions of this conditional approval shall apply to S and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 12 . This Special Permit is granted with the understanding that the applicant is tying into the existing sewer system and shall disengage the septic system found on site in accordance with the rules and regulations of the North Andover Board of Health. 13 . Prior to the issuance of a Building Permit the applicant shall establish proper hay bales and other sedimentation protection as required and approved by the North Andover Conservation Commission. 14. Construction vehicles shall be limited to the proposed access road shown on the plan on file with the Planning Board. Building Materials shall only be stored as shown on the same plan. Prior to the applicant receiving a Certificate of Occupancy all areas disturbed by construction activity shall be regraded, loamed and seeded. 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 SII • ' Received by Town Clerk: ;s r TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS1 f 2-4 9 ff� APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant�rf�1�1� Fi�yA)IC_kC ___AddressQ� F+-y LN ^s' 6 � rn 1. Application is hereby made: a) For a variance from the requirements of Section 7.3 Paragraph fun yn and Table 2 of the 'Zoning By Laws. _= rn C.3r • = b) For a pet rarF�z�nat under Sect "ILOf the Zoning c.l� By Laws, C= 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) v numbered (e :1 W=126F b) Premises affected are property with frontage on the North (�) South ( ) East ( ) west ( ) side of0D L � � Street, and known as No. _ ft �� �}�_ Street. c) Premises affected are in Zoning DistrictK and the premises affected have an area o0 6 #7-_square feet and frontage oC 113. 3—f eat. 3. Ownership a) Name and address of owner (if joint ownership, give all names): Date of Purchase 1407 Previous Owner _��MES 60. b) If applicant is not owner, check his/her interest in the premises: __Prospective Purchaser —Lesee _Other (explain) i. q ? Size of proposed building: l_._front; _feet deep; " .Height�_storfes;� feet. a) Approximate date of erection:55-19-0_—_ b) Occupancy or use of each floor:i(i%2 Qpm jc.) Type of construction:--wQ�-ftmvnQ�__ t'• � .� 5. Size of existing building: q6 feet front; J(P feet dee_ P. Height_ � tories;_ LecE. a) Approximate date of erection: ) 1 ! - • ' b) Occupancy or use of each floor:����4 c) Type of construction: _ �g Has there been a previous appeal, under zoning, on these premises? . If so, when? ( Description of relief sought on this petition_ 1. Build addition that r p g , r•j_'. . comes within 69' of wetlands. 2. Replace existing deck (10 from rea�rr rope y line) with narrower deck (12f' .Prom property line) . 3.i�'At�d c t,c n jhafi �s ode,^ srze .r. J� . ,,..Deed recorded in the Registry of Deeds in Book15 Page 3 7Z "= Land.Court Certificate No.�_Book Page �,)i,' he principal points upon which I base,my application are as follower •, ; must be stated in detail) `1.Existing wetlands will not be touched, plus we will hook up to �•r the sewer which will actually improve the environmental • j• situation. 2. The deck we propose to build will be narrower, thus closer to compliance, than the one now in place. (The present deck was --- in, place when we boa ht tq s hoy e ) i gtdcA. +ic✓1 1S pV�\y y�c lti-F opie /z $tZ � �VSe agree o pay the filing tee adv rtising in newspaper, and incidental xPenseS" j $lgnatU O� Pe t�t rOler rs .i;• ;very application for' action by the Board shall be made on a form approved Y, the Board. These forms shall be furnished by the Clerk upon request. " ny communication purporting to be an application shall be treated as mete :i once of intention to seek relief until such tima •as it is .made an the , fficiaL application form. All information 'called -for by the form shall e furnishes by the applicant in the manner t;herein;;:prescribed. �. very-application shall bb submitted with a list of '•"Parties In Interest" hich list shall include .the petitioner, abutters, owners of land directly pposite on any public or private street or way, and abutters to -tile . butters ;within: three hundred feat (300' ) or the property line of the atitfoner' as they appear • on the most recent applicable tax list, otwithstanding that the land of any such owner is located in another city,.'•;';';i lr town, the Planning Boardof the city or town,, and the Planning Board of J;f very. abutting city ar town. Every application shall be submitted with an application charge cost in ' he amount' of $25.00. - In addition, the petitioner shall be responsible " ": or any and all costs involved in bringing the petition before the Board.;•;; ' :. L' uch,costs shall include mailing and publication, but are not necessarily,•''; +'Pl imited to these. ubmitted with a plan of land approved by the ;X%: i) very application shall be s pard: No petition will be brought before the Board unless said plan has _ leen submitted. Copies of the Board's requirements reals ur�onprequest.n ttached'hereto or are available from the Board of App Pt LIST OF PARTIES IN INTEREST Address Name . :1 i' (use additional sheets if''necessary) • s,t � . i.i�4' LIST OF PARTIES OF INTEREST MAP # '�PARCEL # NAME ADDRESS Iq t1 5 r Ir.h 1 3 r f3 R 132e h { 912 r { re IDA 3"1 D 1 S 'r{ JAt A 1 1 ,1 t .1 TM OF N(ARTII )UMOVER XAS SACHUSETTS PLANNING Fps`t8 9 APPLICATION MH SPECIAL PEMIT 1tOTIC$s This application lust be try"►rritten Applicant CNN (CLC— Address (o W000Rt;2 Q`'/ LN ie Application is hereby made (a) For o Special Permit under Section jl.LIM, Ps' agraph ZC of th• tonin e By La 2. (a) Premises affected are land ✓ and buildingsy_.numbered_(y W0ny0EAjZ Street. (b) Premises affected are property with frontage co the North ✓ Soutb Last� Yeatside of _iw13QGEQQy L 4 Street, and known as No. t-M Street. (c) Premises affected are in Zoning District - 3 and the pumices affected have an area or Lf0 , L02 and fYontnge of feet. 3. Ownership: 1 So.G (a) Name and address of owner (if Joint ownership, give all names): -_PaTe-tc t to Q. 2FtjYJ ICK..C— Date of purchase 2- 77 Previous Owner_ oPett t+ornES Co. (b) If applicant is not owner, check his interest in the premises: .Prospective purchaser Lessee Other (explain) A*' Size Qf proposed building: 31t front ; 34 feet deep Height: 2 stories; "29 feet. (a) Approximate date of erection 110 (b) Occupancy or use (of each floor) L IV Itj&, [3Eo200n (c) Type of construction Wong f- ieArmE 5• Size of Ebastine Buildings_ ND feet frontl .2(o feet deep Height: 2 stories 3Z feet. (a) Approximate date of erection SPR:N(% "I'1 (b) Occupancy or use (of each floor) L ty 1 IJCG a 13l=A P— QQ M S (c) Type of construction W00m F2A► MC 6. Hae there been a previous application for a Special Permit from the Planning Hoard on these premises? , DjL. If sol when 7. Description of purpose for which Special Permit is sought on this petition:__ SOF-C:RL PF=e�m}ijSj(aJ Is S0U64-II — j� KUILD AN ADD11 fns I HIc1+ WOLILD Corn Vu_jTNjly L9of WEi" Irp +jD HP-FA - (OTr e 8e Deed recorded in the Registry of Deeds in Dock 1315 Pam V 2 or land Court Certificate NO, Book Page q. me principal pointe Won which I base my application are as follows: (swat be stated in detail Ml. LAU Se_kW9,r__WV\iCA\ r v 'r o rn J arms to pay for advertising in newspaper and postage fee for nailing legal notices to "Par ins in interest" A4 VU'r_'QAJ Petitioner's si ature Every application for action I Vthe Board shall be roads on a form approved by the 3oard. These forms shall be furnished by the Clerk upon request. Any communication nzrporting to be an application shall be treated as were notice of intention to seek relief until such time as it is made on the official application form. All information .alled for by the form shall be Slsrnished by the applicant in the manner therein )reecribed. 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 publio tr. private street or way and abutters to the abutters within three hundred (300) feet if the property line all w 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— ting Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IH INTEREST WM. ADDRESS 1 MAP # PARCEL # NAME ADDRESS 1 2 1 S r 1-h t3 -J&MOAV. t.14 bprr Ln ! 3ad 2f"121 1 3 r r 1 S irl 3 i31D Jahn O; oAA 1