HomeMy WebLinkAboutOLENIO, ROBERT u
ti
Any appeal shall be filed
T3. oeroRq
within (21)) da,+s after the �F• �^�,��^ :�
.
date of fi'.in of tHs notice •y, lass ;
�9S' •...•?�
in the Office of the Town �' ".°; 'f
Clerk. TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Robert & Kathleen Olenio Date . . . .August .27,. 19.9.1 . . . . . . .
292 Salem Street
North Andover, MA 01845 Petition No.. . .L67.-90. . . . . . . . . . . . .
Date of Hearing. . .Augns.t. .13, . 199.1
Petition of . . .Robert. .and.Kathleen,Olenio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . .29.2 .Salem .Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the .Section .4.13 5.,.
Paragraph .5(c). and 17(c). o.f .the. Zoning.Bylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit construction of .single .family. .r.esidential .house. .within, the, .Non-. . .
disturbance Zone in the Water shed District.
. . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .GRANT. . . . . the
variant.e . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . .Robert, and Kathleen Olenio _ -
for the construction of the above work, based upon the following conditions:
1. New residence be connected to town sewer system before an occupancy
permit is issued.
Signed
Frank CSerio,. Jr. , , Chair .n. G
William. Sullivan,,,Vice-Chairman . , . , . , .
Raymond.Vivenzio. . . . .
Anna .O'Cgnnor. . . . . . __ . . . . . . . . . . . . . . . . . .
Board of Appeals
Any app; ,,al siva'! he filed NOR*ti
within (710) d',""; after 'T"he
9
Ctaof S!':�i;s`; of i1iS T`oilCe * r
in the 01iice of the Town «,N-
Clerk. `4`R4CHU5��
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Robert & Kathleen Olenio
292 Salem Street * Petition: #167-90
North Andover, MA 01845 DECISION
The Board of Appeals held a public hearing on Tuesday evening, August 13, 1991
upon the application of Robert and Kathleen Olenio requesting a variartion from
the requirements of Section 4.135, Paragraph 5(c) and 7(c) of the Zoning Bylaw
so as to permit construction of single family residential house within the Non-
disturbance Zone in the Watershed District located at 292 Salem Street. The
following members were present and voting: William Sullivan, Vice-Chairman,
Raymond Vivenzio, Anna O'Connor, Louis Rissin and Robert Ford.
The hearing was advertised in the North Andover Citizen on July 31 and August
7, 1991 and all abutters were notified by regular mail.
Upon motion by Mrs. O'Connor and second by Mr. Vivenzio, the Board voted to
grant the variance subject to the following condition:
1. New residence be connected to town sewer system before
an occupancy permit is issued.
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.
Dated this 27th day of August 1991
BOARD OF APPEALS
Frank Serio, Jr. ,
Chairman
FS/lad
ceeivTovm Clerk :
Pt� 3h FORM A
APPLICATION FOR EI40ORS EI-1ENT OF PLAN
BELIEVER NOT TO REr. UIRE APFPOVAL
JUL 45 ju
19z
To the PIanninq Board of the Town of Borth Andover :
The undersigned wishes to record the accouipanyiriq 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 approval
is not required for the following reasons :
1 . The division of land shown on the accompanyinu plan is not a sub -
division because every lot shown thereon Inas the amount of frontage
required by the North Andover Zoning By Law and is on a pul, lic tray ,
n a tile 1 y , � � � ,�
or a private gray , mutely ,
being Iand buund(,d as failows :
��.�►--mel �. �., I�(����4?�a'1<.��_��_ ---__—_
2 . The division of land shown on the accompanyiny plan is not a sub -
division for the following reasons :
3 . Title reference North Essex Deeds , Book "_ Paye
Certificate of Title No . Registration Gook
Page
Applicant ' s Signature • �,, _
// /� ((J/•` wtie r ' s signature and address if not
�� a �r:° ' 'i�rLLLLAthe appl icant :
(Print Name)
Applicant ' s Address :
LAO
Tel . No.
TOWN OF NORTH ANDOVER R
MASSACHUSETTS
PLA NINc BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
ApplicantjeO64 7 A• OZ6�LI/D Address 26Z S;14C"S77Z 7- 1z 7- 2
1. Application is hereby made' AA�DOY�
(A) Fora Special Permit under, Section 4, Paragraph4,135" of the Zoning By-Law.
2. (a) Premises affected are land_[ and buildings -#26�
_numbered Zet2- Sin
S Street.
(b) Premises affected are property with frontage on the North• South_
East West side of YPIQ t7'i'1 ST-. Street, and known as
No. 2,6 Zle Lo +4"Z Street.
Cirul Gllslcec f Aw��cc
(c) Premises affected are in Zoning District - 3 , and the premises affected
have an area of d frontage of 1q0 feet.
3. Ownership:
(a) Name and address of owner (if joint ownership, give all names):
Date of purchase_✓ /3, 196o Previous Owner / O'a'"fvvt. /7244&4-
(b) If applicant is not owner, check his interest in the premises:
Prospective purchaser
Lessee
Other (explain)
4s Size of proposed building; S'0 f T front; 7,6 feet deep
Height: Z stories; 30- feet.
(a) Approximate date of erection FALL /99'
8
(b) Occupancy or use (of each floor)_ 9k-S/ kAJ77AL
(c) Type of construction Lr/OOD F,24AIF
5• Size of Existing Building: /CbN E feet front; feet deep
Height: stories feet. --
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
(c) Type of construction
6. Has there been a previous application for a Special Permit from the Planning Board
on these premises? Na
If so, when
7. Description of purpose for which Special Permit is sought on this petition:
Cori sT2crc T Si�v�t pq<ry«y REsiDE�LCE w<ry/.v 7ttE ,vat/
/STyB�AvGE fii�/,p �tJQN- D<scyA,e�E ZovE.s dF r'�� Gu y��'-Sh`�`'D
T�/sem<cT. TTiE" RMIV"lGg�- G�<c` Uo� c�urE ,ISI 710,1J
� �tE $2aoC, � /}ssac<A�a lc�ETt/I�vDs. -
(over)
$. Deed recordedin the Registry of Deeds in Book Page 2 SQ or Land Court
Certificate No. Book Page
9. The principal points upon which I base my application are as follows: (must be
stated in detail)
Peo�fi�fTi,�� 7�tE SpE��it�- Mir wicc. BE e41177-74WY �o ttrE �.0 r 7`
pF 77fE 8 -�,tfu .
2 SIMM T,4 na ii AW-0 "45-16 A) PrPCy'iS"'llU B�x:tJ /Y'f�DE 7a
par,�Urron tJU,P/,cfr Gor/tr2dG�oA1 .
3, 7NE RF Pe4 6" cive?7
�iZopE7ZTz1 Si,vC� /S6aly�arCy .�y��2s) Gc�ir'H- NopE3 �T" My' Joy
GUUi.D Bucca
LIN 77A& &r rrz.4?- 1_4A1t9 T f/ffdE .
I agree to pay for advertising in newspaper and postage fee for mailing. legal
notices to "Parties in int rest".
titioner's signature)—
Every
i atureEvery 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
crelief alled orll such time as it is by the form shall be made
furnishedthe
by theofficial
applicantapplication
theform.
information
manner therein
prescribed,
th a list of "Parties in Interest" which
Every application shall be submitted wi
shall include the petitioner, abutters, owners of land direotly opposite on any pc
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, 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
Harry Bourguin, 200 Marbleridge Rd. , N. Andover, MA 01845
Mr. and Mrs . Giarusso, 318 Salem St. , N. Andover, MA 01845
Rene and Mary Figere, 202 Marbleridge_ Rd. , N. Andover, MA 01845
\ y
ADD ADDITIONAL SHEETS, IF NXI ESSARY.
Recetvert byTown Clerk : o;;.r'•:�t�oo
L
-Date! TOWN OF NORTH ANDOVER, MASSACHUSETTS '
BOARD OF APPEALS •��� r�;••
Time : a,CWU
Notice : This application must be typewritten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE"�ZdNING _CRbINANCE
Applicant Robert and Kathlene 01enio Address 292 Salem St. North Andover M,
1 . Application is hereby made
( a ) For a variance from the requirements of Section 4 . 135Paragraph 5 ( c) &7 ( c.
and Table of the Zoning By-Laws .--
(b ) For a Special Permit under Section 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 x and building( s ) numbered
792 Salem St Lot #2 Street .
(b) Premises affected are property with frontage on the North ( x )
South ( ) East ( ) West ( ) side of Salem Street
Street , and known as No . -- Lot #2 = 292 Salem Street Street .
Watershed District
( c) Premises affected are in Zoning District R-3 anOAnd the premises
affected have an area of 25 , 000 square feet and frontage of
191. 00 square feet .
3. Ownership
( a) Name and address of owner ( if joint ownership , give all names ) :
Robert A. 01enio and Kathleen T. 01enio
Date of purchase July 13, 1960 : Previous- Owner Benjamin Miller, Trustee
(b ) If applicant is not owner , check his interest in the premises :
Prospective Purchaser Lesee Other (explain )
4 . Size of proposed building : 60front ; 26-36 feet deep ;
Height : 2 stories ; 301 ± feet.
( a ) Approximate date of erection : Spring 1990
( b) Occupancy or use of each floor : Residential
( c ) Type of construction : Wood framed - Colonial Exterior
5 . Size of existing building : None feet front ; feet deep ;
Height : stories ; feet.
(a ) Approximate date of erection :�A
(b ) Occupancy or use of each floor :
( c) Type of construction :
6 . Has there been a previous appeal , under zoning , on these premises ? No
If so , when?
7 . Description of relief sought on this petition Permission to construct a
single family residential house within the Non-Disturbance Zone in the
Watershed District and to further_ allow the Planning Board to issue a
special permit for the proposed construction and appurtenant work.
8. Deed recorded in the Registry of Deeds in Book 895 Page 250 or
Land',Court Certificate No . Book Page
.* �
The principal points upon which I base my application are as follows ;
(Must be .stated in detail )
See narrative attached.
1
I agree to pay for
for advertising in newspaper and incidental expenses*
Z'��f �l L` � /lrx ' '�r �� �� J Petitioner ' s Signature
a.F
Sec. 1 APPLICATION FORM
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 in-
formation 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 of the property i
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 respon -
sible for any and all costs involved in bringing the petition before
the Board . Such costs shall include mailing and publication , but
- - are- riot necessarily—Time to these . +
i
LIST OF PARTIES IN INTEREST
Name Address
David and Francine Pickles 32 Buco Avenue, Methuen, MA 01844 1
Dominic and Ruth Giarrusso 318 Salem Street, N. Andover MA 018451
Rene and Mark Fugere 202 Marbleridge Road, N.Andover MA 0184
Harry Bourquin 200 Marbleridge Road, N.Andover MA 01845
Josephine Cristaldo 14 Appleton Street, N. Andover MA 01845
Gary Sciarappa and Cathy Lowdon 201 Marbleridge Road, N. Andover MA 0184
George and Elaine Reich 284 Salem Street, N. Andover MA 01845
John P . and Caroline E. McLaughlin 327 Salem Street, N. Andover MA 01845
Joseph and Angela Cavallaro 240 Marbleridge Road, N. Andover MA01845
Joseph and Elizabeth Slowick 315 Salem Street,N. Andover MA 01845
Thomas E. Neve Associates, Inc. 447 Old Boston Road, Topsfield MA 01983
f
t
( Use additional sheets if necessary)
Narrative to Accompany an Application to the Zoning Board of
Appeals
Robert and Kathleen Olenio have lived at their home at 292 Salem
Road for nearly 30 years. The Zoning District in which they live
is R-3 . The lot they purchased was 57,816 square feet and has
455.78 feet of frontage on Salem Street and Marbleridge Road. On
August 22 , 1989 Thomas E. Neve Associates, Inc. from Topsfield
prepared a plan which divided this parcel into two lots. Lot #1
having 264 .78 feet of frontage and 32,816 square feet (99% of the
land being high, dry land) . Lot #2 having 191. 00 feet of frontage
and containing 25, 000 square feet (76% of the land being high, dry
land) . A tributary (Brook) flows through the property which
eventually discharges into Lake Cochichewick some 3600 ' ±
downstream. There is a small band of Bordering Vegetated Wetland
which is adjacent to the Brook.
The Proposal
Robert and Kathleen Olenio are now retired and their son, his wife,
and their children are prepared to build a new house on Lot #2•
The Olenio' s have always realized that they had enough land to
divide off a lot for their son. Robert Jr. always contemplated
building a house near Mom and Dad with his children.
The proposal is to build a 3 bedroom dwelling on this lot. The
dwelling is small and compact and has been located on the lot at
the minimum frontline and sideline setback; at a location
furthermost from the wetlands and the brook.
The topography is gently sloping from Right to Left at a grade
averaging 10%. A home was selected which provides living space
over a garage in order to minimize the footprint of the building
on the land. A minimum amount of regarding (about 6000 sf) will
be required to construct the building and driveway. Soil regarding
depths will average about two feet, very manageable. The closest
regrading will occur within 18 feet of the wetland and about 35
feet from the brook. In order to eliminate any possibility for
soil material to migrate to the wetlands and to the brook the
applicant will install a continuous row of staked hay bales around
the construction site. This erosion control device will be
installed prior to any construction on the site, shall be
maintained throughout the duration of the project and shall be
removed once a stable turf is established on all altered areas.
The driveway has been located at the extreme right side of the lot,
further away from the wetlands. The entrance for the driveway is
where there is an existing break in the wall where an old wood road
entrance previously was. There will be overhead electric provided
and underground water. The Olenio's will install 260 feet of new
sewerage from Marbleridge Road to the front of the proposed
ti
building. The applicant will install a manhole at the end of this
new sewer so that future sewerage could be extended beyond this
point up Salem Street to some un-sewered areas.
It is my professional opinion based on my education. (Masters
Degree in Environmental/Civil Engineering) , my training (12 years
of intensive experience in land development design) and my
background that this project as designed will cause no impact on
the quality of water in the watershed. This project is not at all
aggressive, has been designed incorporating minimum setback
limitations and provides the latest, proven effective, methods of
environmental protection known.
9F iyg90 3' lN OF
TNpMllf L SG oy' THOMAS Qi
NE�►E g EUGENE
WIL NEVE
Thomas E. Neve, P.E. , P.L.S. OIL Was p No.31724
President, Thomas E. Neve Associates, Inc. 140 4t. IST 'q- ��� AEOF51T EO�J
OFFS nAl-�6 d�k4t LANs
LEGAL POSITION
The applicants also believe that they meet the legal
requirements of the By-Law and M.G.L. Chapter 40A Section 11 for
the granting of a variance. Unquestionably, the brook which
exists on the property is a circumstance especially affecting
the topography of this lot which does not generally effect lots
within an R-3 District and Watershed District. Because of the
topographic condition relating to the brook, a literal
enforcement of the by-law would involve substantial hardship to
the applicants, as an otherwise conforming lot would be rendered
unbuildable. As single family dwellings are an allowed use in
R-3 District and the Watershed District, to deny the applicant a
variance would result in the applicants , being unable to use
their property in a manner otherwise allowed by the zoning by
law. The courts, in the case of Guiragossian v. Board of
Appeals, 21 Mass .App.Ct . 11 ( 1985 ) and Paulding v. Bruins, 18
Mass .App.Ct. 707 ( 1984 ) have held that statutory hardship is
present in instances where a landowner cannot make use of his
property for purposes or in a manner allowed by local
ordinance . In the instant case, there would be substantial
hardship to the applicants .
The applicants also believe that the variance can be
granted without substantial detriment to the public good, as the
design of the proposed dwelling, the controls to be imposed
during construction and the minimum amount of regrading involved
will result in no impact on the quality of water in the
watershed. The intent of the by -aw, in protecting and
preserving the quality of water in the watershed, will not be
nullified or substantially derogated, as the integrity of the
wetland areas will not be impacted by the proposed project.
The appellants believe, therefore, that having met the
statutory requirements, the Board should vote to grant the
requested variance. The Board can be assured that both the
Conservation Commission through an Order of Conditions, and the
Planning Board, as the Special Permit granting authority
regarding the Watershed Protection District, can impose such
conditions on the construction of the dwelling and the regrading
so as to insure the integrity of the watershed district.
FORMA
ti R
CSA,
i" ` '' APPLICATION FOR ENDORSEMENT OF PLAN
- OFA, BELIEVED NOT TO REQUIRE APPROVAL
SF4 `�fJ lg
To The Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determina-
tion by said Board that approval by it under the Subdivision Control Law is not
required. The undersigned believes that such approval is not required for the
following reasons
1. The division of land shown on the accompanying plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the
North Andover Zoning By-Lax and is on a public way# namely,
or a private way, namely,
being land bounded as follows:
,FGF L O� N✓� SiTvATE� O n/ T�/! $o�rhE��rlc C t
�I,C�G" C1F��).F'��'7' ST sYilT•�Rl U� GcO,P SVBL/y/T/p�l,� G+✓�7"1./ .011,P/r
//oP fdT 1f'F�Z[C�9y ��onirrn �O-7
2. Title reference: North Essex Deedsj Book r75�4-1 Page 723 ; or
Certificate of Title No. , Registration Book , page
or Other:
d
Received by Town Clerk% Applica�n}t' si tore
Date: Applicant's address 0C-
Time: l? �) 4"i 1 -
- �� ,lad tom►'; f :� . ��!S�
Signature:
Owner's signature and address if not the
applicant:
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 lax# 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. 111 s. 61—Lg and must therefore
be re—submitted to it for approval under the subdivision control lax.
Very truly yourep
NORTH ANDOVER PLANNING BOARD
By
Date:
FORM A
---APPLICATION FOR ENDORSEMENT OF PLAN
ht +j s ,� :B I.IEVED NOT TO REQUIRE APPROVAL
' I
EP G4 � �I 19r
To The Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determina—
tion by said Board that approval by itunderthe Subdivision Control Law is not
required. The undersigned believes that such approval is not required for the
following reasons:
1. The division of land shown on the accompanying plan is not a subdivision
-- - 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,
or a private way, namely,
being land bounded as follows:
S GYJ.�CE� D / 4,✓n Siru +TE/� Oi✓
S/C�� dF ccs FFSy' S SvBO/visidAl a✓irl G'O!'iC
(/iaP GdT J .!' 4e,49oe eonie� G0-7
2. Title reference: North Essex Deeds, Book 175 , Page 7z3 ; or
Certificate of Title No.= Registration Book , page ;
or Other:
i
Received by Town Clerk: Applicant' si ture ,
Date: Applicant's address i'c? f 'lam oc_'t
Time: A2 �d P764f :�t
Signature
Owner's signature and address if not the
applicant:
OF NORTFI Sb
t(T y fd
Piny 7nneal s"A be Wedjo
t"'i+r'l ^-it ... '(;Y '�t7Ca .�� °^•.Eo..P'tyr rail` ,
t i
SggCN�SE
Noi7d e
in thcc O)lice of the 'town TOWN OF NORTH ANDOVER
Ci ,i{. MASSACHUSETTS
BOARD OF APPEALS
Robert & K. Olenio * Petition: #95-89
292 Salem St.
N. Andover, MA 01845 * DECISION
The Board of Appeals held a public hearing on Tuesday evening, February 13, 1990
and March 13, 1990 upon the application of Robert & Kathleen Olenio requesting a
variation from the requirements of Section 4.135, Paragraph 5(c) and 7(c) of the
Zoning Bylaw so as to permit construction of a single family residential house
within the Non-disturbance Zone in the Watershed District and further allow the
Planning Board to issue a Special Permit for the proposed construction and
appurtenant work on the premises located at 292 Salem Street. The following
members were present and voting: Frank Serio, Jr. , Chairman, Augustine Nickerson,
Clerk, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the North Andover Citizen on January 25, 1990 and
February 1, 1990 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted,
unanimously, to GRANT the variance subject to the following condition:
1. New residence be connected to town sewer system before
an occupancy permit is issued.
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 now will it adversely
affect the neighborhood.
Dated this 14th day of March, 1990.
BOARD OF APPEALS
Frank Serio, Jr. 2
Chairman
/awt
u
.3:�N �•
t f� Ait?" x .
., 1 s• pass �.,:
ttgCHUg�' 1 a.
I ,
TOWN OF NORTH ANDOVER
TOWn
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Robert & Kathleen Olenio
292 Salem St. Date , March 14, 1990 . . . . . . .
N. Andover, MA 01845
Petition No.. . 95789. . . . . . . . . . . . . .
February 13, 1990
Date of Hearing. March. 13_,, .1990, .
Petition of . . . .Robert, & .Kathleen .0lenio. . . . . . . . . . . . . I . . . . . . . . . . . . . . , . . . . . . . . . . .
Premises affected . 292 .$alem. $t... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements oftlig .S e c t iQn .4,13 5..
Paragraph 5(c) and 7(c) of the Zoning Bylaw
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . .
so as to permit .cons.t.ruction. o.f. .a.single .family .residential.hous.e. mithin. .the ,Non-.
disturbance Zone in the Watershed District and further allow the Planning Board
toIssue. a. Special. Permit. for. .the .propased.cons.truction. .and.appur.tenant. work. . . . . .
After a public hearing given on the above date, the Board of Appeals voted to GRANT. . the
variances and hereby authorize the Building Inspector to issue a
permit to . . Robert, &, Kathleen .Olenio, . . , . , .
for the construction of the above work, based upon the following conditions:
1. New residence be connected to town sewer system before an occupancy
permit is issued.
Signed
Frank Serio, Jr. , Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Augustine Nickerson, .Clerk
Walter Soule
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Raymond Vivenzio
. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . I . . . . . .
Board of Appeals
Received, by Town Clerk :
FORM A
APPLI-CATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
z
/rlrl 3 CO t �-
To the Planning Board of the Town of North Andover :
;
The undersigned wishes to record the accompanying 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 approval
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 , or a private way , namely ,
being land bounded as follows :
644;0 6F FuabV&
en's 44 01K Z*Afa ar P/CK LES
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
ar5 cont-ole z4 lZ 17/25" 24nr��jg ivL
3. Title reference North Essex Deeds , Book Page Z raU or
Certificate of Title No . Registration Book ;
Page p y�
1 - plicant s inn u
' ",y �r (� �j � Owner ' s signature and address if not
r' the applicant :
j�UI3E72T.�� r KfFTH�E+LJ 7. G`LE�I/C+
(Print Name)
Applicant ' s Address :
fWtX✓1- MAS 6, .
Tel. No. 462-1266
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 .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By .
Date :
ceived by Town Clerk : t
FORM A
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
?� s
C3_%C3
..
To the Planning Board of the Town of North Andover :
50 1
The undersigned wishes to record the accompanying plan and requeAs a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
I . 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 ,
or a private way , namely ,
being land bounded as follows :
/LB2rft�y /3 GANO OG FuGE1ze
SL L�Na 0� PICKLES
$ptll7yFlLL ,B SRL 5172£ 7`
GVE3�- B dF D
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
AU, 60CE conFoet 72) rMe ZaHih /3 —cAUJ
Page 250 or
3. Title reference North Essex Deeds , Book 8 9� Pa9 -
Certificate of Title No . Registration Book
Page
"- ,,,Applicant' s Signature: Owner ' s signature and address if not
the applicant .
72-TA KA1}lW T. OLE,V/O
(Print Name)
Applicant ' s Address :
Zq2 SR��1 s r,2�E'T
)4AJOOVb7�
Tel. No . 682—/266
r1
Received by Town Clerk :
4
i
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
I . 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 . 61-L , and
must therefore be re-submitted to it for approval under the
Subdivision Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By .,
Date :
hMM fflfl
TOWN OF NORTH ANDOVER .q
MASSACHUSETTS D
r� �R
NUO
NOHTN
3 10
JuKJ C
appeal shall be filed n
Any app
within (20) days after the
S�cNusE
date of filing of this Notice
In the Off ice of the Town NOTICE OF DECISION
Clerk.
Date„ June 29, 1990
Date of hearing .June . . . . . .
Robert A. Olenio
Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected „ 296 Salem street
Referring to the above petition for a special permit from the requirements
of the North Andover zoning .Bylaw - Section.4.135 —Lake Cochickewick•Watershed District
. . . . . . . . .
so as to permit . ,tie, A single, family residence in, the Watershed
District ,- within, the,nondisturbance and non-discharge zones:
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to "PROVES
. . . . . . . .the SPECIAL PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CC: Director of Public works based upon the following conditions:
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health S1 gi ried
Assessors
Police Chief George Perna, Jr., Chairman
, , . . . . , _ . • „ • , , , , , , , , , , , , , , , , , , ,
Fire Chief
Applicant John Simons, Clerk
Engineer
File Erich Nitzsche
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interested Parties
John Draper
. . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . .
Jack Graham
. . . . . . . .151�inning Boatel . . . . . . .
• T OF NORTNS
OFFICES OF: _ Town of 120 Main Street
BUILDING ' NORTH ANDOVER North Andover
CONSERVATION 3s ., :.: ,y Massachusetts 01845
HEALTH °"°"°�` DIVISION OF (50I 682-6483
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
' %
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ROBERT A. OLENIO
LOT 2, SALEM STREET
NORTH ANDOVER, MASSACHUSETTS
SPECIAL PERMIT 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.
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 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.
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, in
particular the applicant has provided an extension to the
sewer system which will enable adjacent property owners
currently on septic systems to be connected to the Town' s
sewer line.
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 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:
Plans entitled: Plan of Land in North Andover Mass.
Plans prepared for: Robert A. Olenio
296 Salem Street - N.A. Mass.
Plan prepared by: Thomas E. Neve Associates, Inc.
447 Old Boston Road - US Route #1
Topsfield Massachusetts.
Dated: July 28, 1989
Most recent revision: April 23, 1990
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 on 5/16/90, 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 lot 2 . No building permit shall be issued for
lot 2 until sewer is available to that lot. 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 . 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 . Residential dwellings found on this lot 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"
- 1.5" stone around and beneath.
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 . Erosion control shall be properly set as directed by the
North Andover Conservation Administrator. Further, a bond
in the form of a Tri-Party Agreement between the Town of
North Andover through its Planning Board, the Applicant and
a qualified lending institution, shall be posted to insure
proper erosion control methods are established and followed
throughout construction. This bond shall be set at five
thousand dollars. ($5000. 00) The applicant shall post this
bond prior to receiving a permit to build.
18 . 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.
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
Recefvg4 Dy. Town Clerk : it
Date, = TOW 0 NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS ••a��: -�;'
Time :" .� ak,u,t
Notice : Thjis application must be typewritten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Robert and Kathlene Olenio Address 292 Salem St. North Andover M;
1 . Application is hereby made
(a) For a variance from the requirements of Section 4 . 135Paragraph 5 ( c) &7 (c ;
and Table of the, Zoning By-Laws .....
(b) ' For a Special Permit under Section 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 x and building(s ) numbered
292 Salem St., Lot #2 Street .
(b ) Premises affected are property with frontage on the North ( x )
South ( } East ( ) West ( ) side of Salem Street
Street ,. and known as No . Lot #2 - 292 Salem Street Street .
Watershed District
( c) Premises affected are in Zoning District R-3 and/and the premises
affected have an area of 25 , 000 square feet and frontage of
191.00 square feet .
3. Ownership
(a) (Jame and address of owner ( if joint ownership , give all names ) :
Robert A. Olenio and Kathleen T. Olenio
Date of purchase July 13, 1960 _YPrevious• Owner Benjamin Miller, Trustee
( b) If applicant is not owner , check his interest in the premises :
Prospective Purchaser Lesee Other (explain )
4 . Size of proposed building : 60 ' front ; 26-36 feet deep ;
Height : 2_ stories ; 30 ' + ,feet.
(a ) Approximate date of erection : Spring 1990
b Occupancy or use of each floor : Residential
(c) Type of Construction : Wood framed - Colonial Exterior
5 . Size of existing building : None feet front ; feet deep ;
Height : stories ; feet .
(a) Approximate date of erection : N/A
(b) Occupancy or use of each floor:
(c) Type of construction :
6 . Has there been a previous appeal , under zoning , on these premises ? No
If so , when?
7. Description of relief sought on this petition Permission to construct a
single family residential house within the Non-Disturbance Zone in the
Watershed District and to further allow the Planning Board to issue a
special permit for the propose construction and appurtenant work .
8. Deed recorded in the Registry of Deeds in Book 895 Page 250 or
Land',Court Certificate No. Book Page
The principal points upon which I base my application are as follows ;
(Must be .stated in detail )
See narrative attached.
J
I agree to pay for advertising in newspaper and incidental expenses*
� � �� '� � �1�zr'�n ��J �Qo H, ✓ Petitioner ' s Signature
Sec. 1 APPLICATION FORM
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 in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed. i
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 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 I
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 respon-
sible for any and all costs involved in bringing the petition before
the Board. Such costs shall include mailing_ na d publication , but
— are- not uecessarito these .
i
LIST OF PARTIES IN INTEREST
Name Address
David and Francine Pickles 32 Buco Avenue, Methuen, MA 01844 1
Dominic and Ruth Giarrusso 318 Salem Street, N. Andover MA. 018451
Rene and Mark Fugere 202 Marbleridge Road, N.Andover MA 0184
Harry Bourquin 200 Marbleridge Road, N.Andover -MA 01845
Josephine Cristaldo 14 Appleton Street, N. Andover MA 01845
Gary Sciarappa and Cathy Lowdon 201 Marbleridge Road, N. Andover MA 0184
George and Elaine Reich 284 Salem Street, N. Andover MA O1845
John P. and Caroline E. McLaughlin 327 Salem Street, N. Andover MA 01845
Joseph and Angela Cavallaro 240 Marbleridge Road, N. Andover MA01845
Joseph and Elizabeth Slowick 315 Salem Street,N. Andover MA 01845
Thomas E. Neve Associates , Inc. 447 Old Boston Road, Topsfield MA 01983
i
(Use additional sheets if necessary)
Narrative to Accompany an Application to the Zoning Board of
Appeals
Robert and Kathleen olenio have lived at their home at 292 Salem
Road for nearly 30 years. The Zoning District in which they live
is R-3. The lot they purchased was 57,816 square feet and has
455.78 feet of frontage on Salem Street and Marbleridge Road. On
August 22, 1989 Thomas E. Neve Associates, Inc. from Topsfield
prepared a plan which divided this parcel into two lots. Lot #1
having 264 .78 feet of frontage and 32,816 square feet (99% of the
land being high, dry land) . Lot #2 having 191.00 feet of frontage
and containing 25, 000 square feet (76% of the land being high, dry
land) . A tributary (Brook) flows through the property which
eventually discharges into Lake Cochichewick some 3600 ' ±
downstream. There is a small band of Bordering Vegetated Wetland
which is adjacent to the Brook.
The Proposal
Robert and Kathleen Olenio are now retired and their son, his wife.
and their children are prepared to build a new house on Lot #2 •
The Olenio's have always realized that they had enough land to
divide off a lot for their son. Robert Jr. always contemplated
building a house near Mom and Dad with his children.
The proposal is to build a 3 bedroom dwelling on this lot. The
dwelling is small and compact and has been located on the lot at
the minimum frontline and sideline setback; at a location
furthermost from the wetlands and the brook.
The topography is gently sloping from Right to Left at a grade
averaging 10% . A home was selected which provides living space
over a garage in order to minimize the .footprint of the building
on the land. A minimum amount of regarding (about 6000 sf) will
be required to construct the building and driveway. Soil regarding i
depths will average about two feet, very manageable. The closest
regrading will occur within 18 feet of the wetland and about 35
feet from the brook. In order to eliminate any possibility for
soil material to migrate to the wetlands and to the brook the
applicant will install a continuous row of staked hay bales around
the construction site. This erosion control device will be
installed prior to any construction on the site, shall be
maintained throughout the duration of the project and shall be
removed once a stable turf is established on all altered areas.
The driveway has been located at the extreme right side of the lot,
further away from the wetlands. The entrance for the driveway is
where there is an existing break in the wall where an old wood road
entrance previously was. There will be overhead electric provided
and underground water. The Olenio's will install 260 feet of new
sewerage from Marbleridge Road to the front of the proposed
building. The applicant will install a manhole at the end of this
new sewer so that future sewerage could be extended beyond this
point up Salem Street to some un-sewered areas.
It is my professional opinion based on my education. (Masters
Degree in Environmental/civil Engineering) , my training (12 years
of intensive experience in land development design) and my
o impact 3
background that this project as designed will cause n p act on ;
the quality of water in the watershed. This project is not at all
aggressive, has been designed incorporating minimum setback
limitations and provides the latest, proven effective, methods of
environmental protection known.
OFM� � yA of
W"E G THOMAS ,
Wt EWENE
CML m u NEVE
Thomas E. Neve, P.E. , P.L.S. V,MM�p � �, Na 31724
President, Thomas E. Neve Associates, Inc. •sgo�SSISTE 6�� �',2ssbAal$10.M°g
SYJfOJ
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LEGAL POSITION
The applicants also believe that they meet the legal
requirements of the By-Law and M.G.L. Chapter 40A Section 11 for
the granting of a variance. Unquestionably, the brook which R
exists on the property is a circumstance especially affecting
, the topography of this lot which does not generally effect lots
within an R-3 District and Watershed District. Because of the
topographic condition relating to the brook, a literal
enforcement of the by-law would involve substantial hardship to
the applicants , as an otherwise conforming lot would be rendered
unbuildable. As single family dwellings are an allowed use in
R-3 District and the Watershed District, to deny the applicant a
variance would result in the applicants, being unable to use
their property in a manner otherwise allowed by the zoning by
law. T ,
he courts in the case of Guiragossian v Board of
s
Appeals, 21 Mass .App.Ct. 11 (1985) and Paulding v.,-Bruins , 18
Mass .App.Ct.707 ( 1984 ) have held that statutory hardship is
present in instances where a landowner cannot make use of his
property for purposes or in a manner allowed by local
ordinance. In the instant case, there would be substantial
hardship to the applicants .
The applicants also believe that the variance can be
granted without substantial detriment to the public good, as the
design of the proposed dwelling, the controls to be imposed
during construction and the minimum amount of regrading involved
will result in no impact on the quality of water in the
watershed. The intent of the by -aw, in protecting and
preserving the quality of water in the watershed, will not be
nullified or substantially derogated, as the integrity of the
wetland areas will not be impacted by the proposed project.
The appellants believe, therefore, that having met the
statutory requirements, the Board should vote to grant the
requested variance. The Board can be assured that both the
Conservation Commission through an Order of Conditions, and the
Planning Board, as the Special Permit granting authority
regarding the Watershed Protection District, can impose such
conditions on the construction of the dwelling and the regrading
so as to insure the integrity of the watershed district.
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P.ny APP181-al ;•r„u� r �� 51 n.
within ("o) after the
of this Notice TOWN OF NORTH ANDOVER
data -.f 'i
in the Ufijoe off. the Town MASSACHUSETTS
ic
Clerk.
BOARD QF APPEALS
NOTICE OF DECISION
Robert b Kathleen olenio Date March 14, 1990. . . . . . . • . . ,
292 Salem St.
N. Andover, MA 01645 Petition No.. . 95'49• • • • • • • • • • • • • •
February 13, 1990
Date of Hearing. March. 13•,, .1990,
Petition of . . . .44bpt't. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
premises affected . . 292. .Sale1a. $X-.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of Ul .S e c t ion .4.13 5..
Paragraph 5(c) and 7(c) of the Zoning Bylaw
so as to permit .construction. of a.single Iamily. .residential.hous.e .within. the .Non--
disturbance Zone in the Watershed District and further allow the Planning Board
to Issue.a. Special. Permit.for. .the .proposed.construction. and.appurtenant. wank. • • • • •
After a public hearing given on the above date, the Board of Appeals voted to GRANT . • • • • the
variancesand hereby authorize the Building Inspector to issue a
permit to . . .RobcFt. b. .K8tk►l€eA olez�ip. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above Rork, based upon the following conditions:
t _
1. New residence be connected to town sewer system before an occupancy
permit is issued.
S4ned
Z
nk Serio, Jr. , C airman
Augustine Nickerson, •Clerk
Walter Soule
Raymond Vivenzlo
. . . .
Board of APPeals
FtECEIVED M►+� 1 6 1990
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KAREN H.P.NELSON Town of 120 Main Street, 01845
Dt'wt°' :a <f: NORTH ANDOVER (508) 682-6483
BUILDING
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
January 2, 1991
Mr. Robert A. Olenio
292 Salem Street
North Andover, MA 01845
Dear Mr. olenio,
I am in receipt of your letter with concern to extensions on the
various permits you have received for Lot 2 Salem Street. The
specific permits in question are as follows:
1. Board of Appeals Decision, Dated March 14, 1990. (#95-89)
2 . Conservation Commission Order of Conditions, Dated May 16,
1990. (#242-527)
3 . Planning Board Special Permit, Dated June 29, 1990.
In order for the Town to consider that these permits have been
acted upon you would first have to received a Permit to Build
from the Building Inspector.
The Variance from the Zoning Board of Appeals will expire after
one (1) year and may not be extended. The Order of Conditions
issued by the Conservation Commission will expire after one (1)
year, according to Town Bylaw, and may be extended up to one (1)
year at the discretion of the Commission. The Special Permit from
the Planning Board will expire after two (2) years and may be
extended for up to one (1) year at the discretion of the Board.
With regard to the variance from the Zoning Board, upon
expiration of that approval you could re-apply for the variance
and the Board would again hold a Public Hearing on the matter. In
any case which allows for an extension the respective board may
only grant one extension to the original permit. A request for
extension must be filed by the applicant at least 30 days prior
to the expiration of that permit.
I hope this answers any concerns you may have. Please feel free
to contact my office with any further questions or comments.
Sincerely,
Christian C. Huntress
Town Planner.
cc: Karen H.P. Nelson, Director DPCD.
Robert and Kathleen Olenio
292 Salem Street
North Andover, MA 01845
(508) 682-1266
January 21, 1991
Board of Appeals
Town Hall
North Andover, MA 01845
Re: 292 Salem Street - Lot #2
Request for new Variance
Dear Board Members
On March 14 , 1990 your Board issued a Notice of Decision varying
the requirements of Section 4 . 135 particularly Paragraphs 5 (C) and
7 (C) of the Zoning By-Law.
Following that decision we were "allowed" to pursue a Special
Permit from the Planning Board and an Order of Conditions from the
Conservation Commission together granting permission to develop the
lot.
The Planning Board issued a Special Permit on June 29, 1990. The
Conservation Commission issued their Order of Conditions on May 16,
1990.
Find attached copies of my December 29, 1990 letter to Mr. Chris
Huntress, Town Planner, and his reply to me dated January 2, 1991.
From careful review of the circumstances it is essential that your
Board grant another variance allowing us to move forward within the
time periods allowed by the other permits. The Planning Board
decision is valid until June 29, 1992 . The Conservation, State
side, of the permit is valid until May 16, 1993 . The Conservation,
Town side, of the Permit is valid only until May 16, 1991 with one
year extensions available upon request.
As you can imagine a vote not to grant the variance will create
substantial hardship, financial and otherwise and would furthermore
prevent us from exercising our lawful rights under the other Town
Permits already issued.
Find attached a complete application with the $25. 00 filing fee.
My son will be at your Public Meeting scheduled for February 12,
1991 to elaborate on our request if necessary.
We thank you in advance for your consideration.
Very truly y s,
Obert and Kathleen Olenio
-ILPOR4.1
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1855
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Towr
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Robert Olenio Date February 13, 1991 . . . . . . .
292 Salem St.
N. Andover, MA 01845 petition No.. . . .139-91. . . . . . . .
Date of Hearing. .FqbrVcjTYJ2 t -T991
Petition of . . . . Robert. Qlenio. . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . 292. ,$alQm. S:txqet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of�&a Section. A-.135,.
Paragraph.5(c.). .and. 7.(c.). .of. the, .Zoning. Bylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit -construction. of. a .single. family, res idence. within. the Non-D:Lsturbance
Zone .in theMatershad .Distri.ct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to ALLoW.THE.
PETITIONER T0. _WITHDRAWWITHOUT
PREJUDICE
X)Mrmft*x- . . . . . . . . . . . . . . . . . . .
Signe d,&
yi7qpk Serio, Jr.., hairm.an. . . . . . . .
William. Sullivan.,. .Vice7Ph4i1ML4P.
Walter. Soule, . Clerk . . . . . . . . . . . . .
. . . . ..lobia.Piallone. . . . . . . . . . . . . . . . . . . .
Robert. Ford. . . . . . . . . . . . . . . . . . . . .
Board of Appeals
�i
E'i t(iL 0i�ice CE the I tJ`IPIB
C EE'.i S\. 'sSACHUS�S
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
* Petition: 4139-91
Robert Olenio
292 Salem Street
N. Andover, MA 01845 DECISION
The Board of Appeals held a public hearing on Tuesday evening, February 12,
1991 upon the application of Robert Olenio requesting a variation of Section
4.135, Paragraphs 5(c) and 7(c) of the Zoning Bylaw so as to permit con-
struction of a single family residential house within the Non -Disturbance
Zone in the Watershed District on the premises located at 292 Salem Street.
The following members were present and voting: Frank Serio, Jr. , Chairman,
William Sullivan, Vice-chairman, Walter Soule, Clerk, John Pallone and
Robert Ford.
The hearing was advertised in the North Andover Citizen on January 30, 1991
and February 6, 1991 and all abutters were notified by regular mail.
Upon a motion made by Mr. Sullivan and seconded by Mr. Pallone, the Board
voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE.
Dated this 13th day of February, 1991.
BOARD OF APPEALS
Frank erio, J .
Chairman
/awt
fi
��" •i f pORTiy
41
,s`SACHUGE�l
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Robert & Kathleen Olenio
292 Salem Street
N. Andover, MA 01845
Re: Extension request
Dear Mr. & Ms. Olenio:
The Board of Appeals held a regular meeting on Tuesday evening, February
12, 1991 at which time your letter requesting an extension of Petition
1195-89' s deadline was discussed.
Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board
voted, unanimously, to GRANT a six(6) month extension on Petition 95-89,
covering the period through September 15, 1991 in compliance with
Section 10 of Chapter 40A, Massachusetts General Laws.
Dated this 13th day of February, 1991.
BOARD OF APPEALS
p
Frank Serio, J .
Chairman
/awt
Oversized Maps on file with the Town