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HomeMy WebLinkAboutMiscellaneous - 562 BOXFORD STREET i Please indicate the grounds(either A, B,C or D, not a combination)on which you believe your plan not to be a subdivision. i DA. Each lot on the plan meets one of the following criteria: t 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a waywhich the Town Clerk certifies is maintained&used as a public way,or i c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or , d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds 1 adequate for the ways proposed use,or t e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. i AB. Each Lot has been clearly marked on the plan to be either: g a)joined to and made part of an adjacent lot, or b)labeled"Not A Building Lot". i D C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ) i ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. r; t Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official4'e eiving this application: 1 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 resubmitted for approval under the Subdivision Control iltw. --, Very truly yours, . North Andover Planning Board "',s w _ ;;t, By. , /. A . 1 cam, °° XR. Date: ,' 1c —rr i nrn -rte i-, oD l Page 2 of 2 t: 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 i?' i L Y 4; , t { SMOLAK & VAUGHAN s Brian C. Vaughan, Esq. T: 978-327-5217 I F: 978-327-5219 A T T O R N E Y S AT L A L1 bvaughan@smolakvaughan.com January 30, 2015 BY HAND Planning Department Attn: Jean Enright, Interim Planner Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: 562 Boxford Street (Map 105.0 Parcels 003 & 022) Form A - Application for Approval Not Required Plan Endorsement Land Swap by and Between Bradshaw/Hopping Dear Jean: On behalf of the Applicants,Joyce Bradshaw, as Trustee of Gorton Family Trust and Charlotte L. Hopping, we hereby submit the accompanying Form A Application and ANR Plan. I have also included letters of authorization from the applicants. The plan is entitled: "Plan of Land, Located in North Andover, MA., Record Owners & Applicants: Gorton Family Trust, 624 Boxford St., North Andover, MA., Charlotte L. Hopping, 562 Boxford St., North Andover, MA. " dated July 24, 2014, revised January 2, 2015, scale: 1" =40', prepared by: Christiansen &Sergi, Inc. o- The purpose of the filing is to complete a lot line adjustment and land swap between the applicants. If you have any questions please do not hesitate to contact me at 978-327-5217. 1, Sincerely, Brian G. Vaughan li {00086689;v1} East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM I Print Form I $0RTbI O4/..e ,� 1. I. . �° 17 0 ARK' g f~i�, • % , 2015��4N 3D AN tO: SAC HUSe "RTH AND vpp PLANNING DEPARTMENT M' SSACHuSETTS Community Development Division u' Form A -A. 'lication for APPROVAL NOT REQUIRED DATE: Bring three appication forms to the Town Clerk's office to time stamp. Leave one appication with the Town Clerk and bring two appications to the Planning Department. The undersigned, beieving that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. Lc Trg 1. Name Of Applicant: (2) 1-0Yc 4AIN $G4P.$i 4 r+e_-,s rev" er orb t r-v r'q 411 IL y 7-72 uJ r (I) 56z BokFri ,-26-6r, M. A 'i., r111 O1Sv� Address: (2) 6 2 y if k roe.* ' Err N. i1'vj M.9 6,(8 95 2. Location and Description of Property[include Assessors Map and Lot and Zoning District(s)]: S6z 6o Poop JTQE Fr- AI4P /05 C LOTS 3 Any 22 y iv,Nc- 0IrTe-1Cr (a) I o 7-6 l►) Z S9 3. Deed Reference: Book(2) -5-V o 7 , Page AL) 'I or Certificate of Title: 4. Name of Surveyor. CH .5-774^istnv s EIaGy, .-/ve. Address: 16o ,Su mgr,r& si•-C e 1-14 vE .ri4 Signature of Owner(s): - SE r7--s0.2,741-2-04' Address: e go/ A/c74 n-, -44.1)o v /344 Page 1 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 Please Indicate subdivision. the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a ❑A Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a waywhich the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or } d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the ways proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either a)joined to and made part of an adjacent lot, or b)labeled Not A Building Lot". ❑ C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): is Signature of Town iai receiving this application: Notice to APPLICAN TITOWN 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. 1 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 resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By. Date: Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 OWNER AUTHORIZATION 562 Boxford Street,North Andover,MA(Map 105.C,Parcel 3)& 602 Boxford Street,North Andover,MA(Map 105.C,Parcel 22) The undersigned,Charlotte L.Hopping,being the record owner of the real property known and numbered as 562 Boxford Street,North Andover, Massachusetts 01845,by virtue of a deed recorded with Essex County Northern District Registry of Deeds at Book 1076,Page 259("562 Boxford Street"),and #` Joyce Ann Bradshaw,as Trustee of the Gorton Family Trust,being the record owner of the real property known and numbered as 602 Boxford Street,North Andover,Massachusetts 01845,by virtue of a deed recorded with Essex County Northern District Registry of Deeds at Book 5407,Page 47("602 Boxford Street") (collectively,562 Boxford Street and 602 Boxford Street are referred to as the "Property"),do hereby state that we have entered into an Agreement pursuant to which we intend and desire to adjust the lot lines and swap certain land between 562 Boxford Street and 602 Boxford Street. As the record owners of the Property referenced above,please note that we each hereby authorize Smolak&Vaughan LLP and Christiansen&Sergi,Inc. to submit any and all applications and supporting information for Y PP � pPo g� permits and approvals in connection with a proposed lot line adjustment of the Property, including without limitation,any submissions with the Planning Board,Zoning of Appeals and/or Building Department of the Town of North Andover, Massachusetts,in connection with pursuit,negotiation,and obtaining any special permit(s),variance(s), so-called ANR Plan endorsement or Form A approval,or any other permits,approvals,or consents necessary or desirable in connection with the proposed lot line adjustment or land swap. Dated: November 10,2014 OWNERS: Charlotte L.Hopping • &14i J ••'Ann Bradshaw,Trustee 1 1 i i Town of North Andover RE [irnc Sir E E ZONING BOARD OF APPEAL CL.fttK S Q FILE 1 Mast Y..4tan 535,Cog.efaiunau ,. 1A14 SEC i ((M Y .Mcsntyxa, ?�8aiman of ?oT..4� Sithwut J. t 9 PM 3. D.gnat Nock�.. 4) w TO Wltl OF Mira C�iiacra t g. aaeadate Mart , SACHUCSE S Dam 4,4SSwcMUS t4 E Pidgin F, .Mlclind Y Flpaxta 1; t i f I Date 9 December 2014 fi t Town of North Andover Zoning Board of Appeals 1600 Osgood Street y> North Andover MA 01845 i i [ Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a 1 t Variance Special Permit Comprehensive Permit(40B) Finding 1 For property located at: i STREET: 562 Boxford Street i MAP: 105.0 PARCEL 003 &022 { TOWN: North Andover, MA 01845 1 TO MEETING DATE(S):13 January 2015 c NAME OF PETITIONER: C. Hoping&J.Bradshaw t- i : SIGNED: [ Petitioner(or I-'itioner's representative) , [, 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com i r X f; Town of North Andover A ZONING BOARD OF APPEALS F;ECEIVED Albert P.Manzi III,Esq.Chairman r ri : , v•c n I^G r.soRrti Ellen P.McIntyre,Vice-Chairman Of,,,,, , 14, +' Richard J.Byers,Esq.Clerk .1 •! SMOLAK & VAUGHAN i Brian G. Vaughan, Esq. T. 978-327-5217 I F: 978-327-5219 AT) 0 R N E V S AT I A w bvaughan @smolakvaughan.com January 30,2015 BY HAND Planning Department Attn:Jean Enright, Interim Planner Town of North Andover 1600 Osgood Street North Andover,MA 01845 RE: 562 Boxford Street(Map 105.0 Parcels 003 &022) Form A-Application for Approval Not Required Plan Endorsement Land Swap by and Between Bradshaw/Hopping Dear Jean: On behalf of the Applicants,Joyce Bradshaw, as Trustee of Gorton Family Trust and Charlotte L. Hopping,we hereby submit the accompanying Form A Application and ANR Plan. I have also included letters of authorization from the applicants. The plan is entitled: "Plan of Land, Located in North Andover, MA., Record Owners &Applicants: Gorton Family Trust, 624 Boxford St.,North Andover,MA., Charlotte L. Hopping,562 Boxford St, North Andover,MA. " dated July 24,2014,revised January 2,2015,scale: 1" =40',prepared by Christiansen&Sergi, Inc. The purpose of the filing is to complete a lot line adjustment and land swap between the applicants. If you have any questions please do not hesitate to contact me at 978-327-5217. Sincerely, Brian G. Vaughan {00086689,v1) East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM • , 3 1 1 or otherwise,to the petitioners or applicants.The Board fords that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw. 1 The Board also finds that the lot line adjustment will not adversely affect the neighborhood.There will be no nuisance or serious hazard to vehicles or pedestrians. The Board also finds that this lot line adjustment will not be substantially detrimental to the existing dwelling and lot as well as the neighborhood and that this lot line adjustment will be in harmony with the neighborhood and general purpose and intent of this Bylaw. I Site: 562 Boxford Street (Map 105.C, Parcels 003 and 022), North Andover, MA 01845 Petitioners, Charlotte L. Hopping and Joyce Bradshaw (Trustee of the Gorton Family Trust). Variances under Section 7.1, 7.1.1,and Table 2 of the Zoning Bylaws in the R-1 Zoning District,for a ! Lot Line adjustment. Plan(s)Title: 1)"Plan of the Land"containing one(1)sheet, Showing Parcels A&B, and Lots 1 and 2 Prepared by Christiansen&Sergi Inc,Dated Jan 2, i 2015 f Voting in favor: Albert P.Manzi III,Ellen P.McIntyre,Paul Koch,Allan Cuscia,and Doug Ludgin Voting in the Negative: 0 Variance granted 5 in favor(Granted) I. r The Board finds that the applicant has satisfied the provisions of Table 2 and Sections 7.1 and 7.1.1, for ": 562 Boxford Street(Map 105.C,Parcels 003 and 022)of the Zoning Bylaw in order to allow for a lot line adjustment,North Andover,MA 01845 in an R-1 Zoning District. I it Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the variance are not exercised 1 year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. 1 i. i i I(2_,/,L A :::Th)-/__ 0 2--L-i N'. i North Andover Zoning Bo d of Appeals v. Albert P.Manzi III,Esq.,Chairperson Ellen P.McIntyre, Vice Chairperson Allan Cuscia s Paul Koch Doug Ludgin i Decision 2014-009 t } , f x:. Page 2 of 2 d SMOLAK & VAUGHAN t A T T 0 1. P J E 't S L 4`, is MEMORANDUM To Town of North Andover Zoning Board of Appeals Applicant/Owners: Joyce Ann Bradshaw, Trustee of Gorton Family Trust ` and Charlotte L. Hopping Property: 562 Boxford Street (Map 105C/Lot 3 & Lot 22) Date: November 13, 2014 MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE I. INTRODUCTION The Petitioners,Joyce Ann Bradshaw,as Trustee of the Gorton Family Trust ("Bradshaw") and Charlotte L. Hopping("Hopping"),are requesting a variance for property known as 562 Boxford Street(ie, Map 105C Lot 3) which is owned by Charlotte L. Hopping(the"Hopping Land"),as such Hopping Land would be reconfi gu red,so as to allow for a lot line adjustment as between the Hopping Land and the adjacent property (ie,Map 105C Lot 22)which is owned by Bradshaw (the "Bradshaw Land"). Specifically,the Petitioners are seeking relief from Section 7.1,Table 2 and Section 7.1.1 of the Zoning Bylaw of the Town of North Andover, as amended (the"Zoning Bylaw") #' in the form of dimensional variance for lot area and a variance for contiguous buildable area The Hopping Land as it presently exists is a pre-existing lawful nonconforming lot with a lawfully existing residential structure thereon. There is no new building or construction contemplated by the present variance application. But as a result of a proposed lot line adjustment as between the Petitioners (Bradshaw and Hopping) a new lot may be deemed created which might then no longer be entitled to protection as a pre-existing lawful nonconforming lot,and thus,the parties desire to confirm by way of issuance of variance that the newly configured lot and the existing structure on the Hopping Land will remain compliant with the Zoning Bylaw,notwithstanding the lot line adjustment,by virtue of the contemplated variances. {00084690;v1} N' East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM f Memo to North Andover ZBA Re:562 Boxford Street November 13,2014 s<. II. BACKGROUND Hopping is the owner of the Hopping Land,562 Boxford Street,which is currently improved with an existing residential structure. The Hopping Land is designated on the Town of North Andover Assessors Maps as Map 105C,Lot 3. Hopping acquired the Hopping Land in January,1967,as evidenced by a Deed, dated January 20,1967,and recorded with the Essex North Registry of Deeds at Book 1076, Page 259. A copy of that deed is included with this application. Bradshaw is the owner of the adjacent and surrounding Bradshaw Land,a 22+/-acre vacant parcel of land. The Bradshaw Land is designated on the Town of North Andover Assessors Maps as Map 105C,Lot 22. Bradshaw acquired the Bradshaw Land in April, 1999,as evidenced by a Deed,dated April 20,1999,and recorded with the Essex North Registry of Deeds at Book 5407,Page 47. A copy of that deed is also included with this application. Both the Hopping Land (with the existing dwelling) and the surrounding f` Bradshaw Land (vacant) are shown on a plan entitled"Plan of Land, Located in North Andover,MA., Record Owners&Applicants: Gorton Family Trust,624 Boxford St., North Andover, MA.,Charlotte L. Hopping,562 Boxford St,North Andover, MA. " dated July 24,2014,revised November 11,2014, scale: 1" =40',prepared by: Christiansen&Sergi,Inc. (the"Plan"). The Plan is intended to serve as both a so-called "ANR Plan" or"Approval Not Required Plan" to be filed with the Planning Board as well as a variance plan to accompany this variance application. Upon obtaining approval of the proposed variance,the Plan would also then be submitted to the Planning Board with a Form A Application for approval of the lot line adjustment by the Planning Board. The Hopping Land,as it presently exists and prior to the proposed lot line adjustment as shown on the Plan,consists of 50,861 square feet in size. Upon completing the proposed lot line adjustment and land swap as contemplated and shown on the Plan,the Hopping Land would be increased by an additional 4,571 square feet and it would then consist of 55,432 square feet in size. The property,however,is located in the Residence 1 ("R-1") Zoning District where the minimum lot size is 87,120 square feet. It should be noted that the Hopping Land constitutes a preexisting,lawful nonconforming lot,because the lot was lawfully laid out as a conforming lot(in #- compliance with then current dimensional requirements) prior to enactment of zoning, when the lot was created in December, 1905,as referenced in the Hopping deed. The Hopping Land existed as a conforming lot but became a preexisting,lawful nonconforming lot when zoning changes were enacted in 1987,which thereafter increased the minimum lot size for the R-1 zone. In addition,for lots created as of April 28,1986,the Zoning Bylaw requires that at least 75% of the minimum lot area required for zoning be contiguous buildable area (ie,exclusive of wetland resource areas.) While this requirement did not apply to the existing lot of record as a pre-existing lot,as reconfigured the contiguous buildable area of the Hopping Land would be 50% where 75% would be required. {0008469o;v l} 2 g` Memo to North Andover ZBA Re:562 Boxford Street November 13,2014 III. DISCUSSION As noted above, the Petitioners are requesting a dimensional variance for minimum lot area and for contiguous buildable area for a new lot configuration which is proposed to be created as a result of a proposed lot line adjustment. Specifically, variances are being requested from Section 7.1,Table 2 and Section 7.1.1 of the Zoning Bylaw. With respect to lot area (Section 7.1,Table 2),a variance is being requested of 31,688 square feet. Whereas the minimum lot size in the R-1 zone is currently 87,120 square feet,the proposed new lot would consist of 55,432 square feet. Although this would appear at first glance to be a significant variance,the newly proposed lot would in fact be larger and more conforming than the lot as it presently exists,with the lot size in fact increasing from 50,861 square feet to 55,432 square feet(increasing the size of the currently pre-existing nonconforming lot by 4,571 square feet) With respect to contiguous buildable area (Section 7.1.1),a variance is being requested of 25% for contiguous buildable area Whereas the minimum contiguous buildable area required for a newly created lot is 75% of the required minimum lot area, the contiguous buildable area of the proposed new lot would only be 50% of the required minimum lot area IV. BASIS FOR VARIANCE The Petitioner's proposed variance meets all of the conditions for granting of a variance,and each of the required elements A through F appearing in Section 9 of the Variance Application are addressed in this application,including as follows: A. The particular use proposed for the land or structure: The proposed use for the land will be for single family residence which is an allowed use in the R-1 5' zone,and further,is the current and existing use of the property. B. The circumstances relating to soil conditions, shape, or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located: The existing shape of the Hopping Land is a very oddly shaped, long and narrow lot, which is lacking depth. In addition to increasing the lot size, to make the lot {Y more conforming,the newly configured lot with benefit of the variance would allow for a more typical and conforming lot shape and would allow for the lot owner to enjoy a greater setback for the lot owner's existing septic system. Yi {0008469oM} 3 Memo to North Andover ZBA $, Re:562 Boxford Street k< November 13,2014 C. Facts which make up the substantial hardship,financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought:A literal enforcement of the Zoning Bylaw,without granting relief for a variance,would result in an inability of Hopping to complete the proposed land swap,and thus create a financial hardship for Hopping in as much as the newly configured lot is a more marketable property than the existing, oddly shaped lot. In addition,it allows Hopping a greater setback for the septic system serving the lot and a larger area in the vicinity of the existing septic system for future replacement. D. Facts relied upon to support a finding that relief sought will be desirable and without , substantial detriment to the public good: Granting of the variance will result in a and more conforming lot,as the lot size will in fact be increased from its existing size if the variance is granted. Further,there is no new construction that is presently intended on the Hopping Land,as the residential structure is already constructed and existing on the property. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance: Granting the variance will not derogate from the intent or purpose of the Zoning Bylaw because the proposed use is a permitted use in the R-1 zone and no structural changes are proposed on the lot. The home is pre-existing on the lot and is and would remain consistent with and in keeping with other properties in the neighborhood. F. Submit RDA from Conservation Commission when Contiguous Buildable Area is applied for in ZBA application: See note 1 on Plan. (Note: Existing lot and dwelling predate applicability of CBA requirements per Section 7.1.1 of k` Zoning Bylaw.) {00084690;x1} 4 F." { ( Memo to North AndvrZA R:52B words e ( November!$»k { ( Acodingyflthe raons 4aedaov,and othestat wibpeenedat ( the hearing,the Petitioners r s e tfugyrequest the Zoeg Board of Appeals to grant therequested vaianc s,so as to allow the proposed lotline adjustment and land swap ( and mcetanwltorcr. [ Respectfully 5mi#ed ( submitted, ( Joyce Ann B ad haw as Trustee o [ The Gorton Family Trust,and [ Charlotte L. Hor.in& [ .- f (_,.. , . ... _ ( : ® II Bian G. Va ,E q. (SMOLAK A VAUGHAN LLP {2 Hi h SUe t,Suit 3 1 {Noth Andovr, Mascuet085 { T l (7) 3 7 5 17 ( ;:;i111. , [ \ t { , (00084690,v1! 5 \ \ \ i Abutter to Abutter( ) Building Dept. (X ) Conservation (X ) Zoning ( X ) TOWN of NORTH ANDOVER ABUTTER LIST ,, REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 105.0 22 Gorton Family Trust 602 Boxford Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 104.8 19 Seon Tae Jeong 50 Duncan Drive, North Andover,MA 01845 104.B 56 Karen Mello 40 Duncan Drive, North Andover,MA 01845 104.B 139 Blake Adams 1634 Salem Street, North Andover,MA 01845 104.B 171 Paul Schmitt 28 Duncan Drive, North Andover,MA 01845 104.8 174 Gary Weman 88 Duncan Drive, North Andover,MA 01845 104.B 182 Richard Smith 167 Duncan Drive, North Andover,MA 01845 104.B 183 Michael Scanlon 155 Duncan Drive, North Andover,MA 01845 104.B 184 Scott Durgin 143 Duncan Drive, North Andover,MA 01845 104.B 185 Daniel Burns 131 Duncan Drive, North Andover,MA 01845 104.8 186 Michael Bova 119 Duncan Drive, North Andover,MA 01845 r 104.8 187 Raffaele D'Attorree 101 Duncan Drive, North Andover,MA 01845 104.B 188 Edward Mcgetrick 89 Duncan Drive, North Andover,MA 01845 104.B 189 Paul Rabbitt 75 Duncan Drive, North Andover,MA 01845 105 A 4 Town of North Andover 120 Main Street, North Andover,MA 01845 105.A 32 Erik Faulkner 70 Brookview Drive, North Andover,MA 01845 105.A 33 Angelo Evangelista 50 Brookview Drive, North Andover,MA 01845 105.0 3 Charlotte Hopping 562 Boxford, North Andover,MA 01845 105.0 4 Charles Brogan,III 585 Boxford, North Andover,MA 01845 105.0 6 Walter Wlson 595 Boxford, North Andover,MA 01845 105.0 7 Christina Heacock 615 Boxford, North Andover,MA 01845 105.0 9 Harry Thomas 501 Boxford, North Andover,MA 01845 €;. 105.0 23 Gorton Family Trust 624 Boxford, North Andover,MA 01845 f. 105.0 25 Lauren Cramer 537 Boxford, North Andover,MA 01845 105.0 26 Alexandre Klimenko 545 Boxford, North Andover,MA 01845 t 105.0 27 Sang Gon Kim 557 Boxford, North Andover,MA 01845 105.0 28 Town of North Andover 120 Main Street, North Andover,MA 01845 105.0 40 R.Joseph Garon 7 Duncan Drive, North Andover,MA 01845 105.0 41 Michale Donovan 12 Johnson Street, North Andover,MA 01845 105.0 42 Thomas Donovan 5000 Wheatridge Drive,Fuquay-Varina,NC 27526 105.0 43 Cornelius Donovan 12 Trolley Car Lane.Londonderry,NH 03053 105.0 79 Bryan Hanssen 594 Boxford, North Andover,MA 01845 105.0 80 Michelle Pouliot 525 Boxford, North Andover,MA 01845 t t 1 t: This certifies that the names appearing on the 1 records of the Assessors Office as of /-/-/,? Certified by: ,_ 0. Date/ - -/y/4 = i i t OWNER AUTHORIZATION 562 Boxford Street,North Andover,MA(Map 105.C,Parcel 3)& '. 602 Boxford Street,North Andover,MA(Map 105.C,Parcel 22) The undersigned,Charlotte L.Hopping,being the record owner of the real property known and numbered as 562 Boxford Street,North Andover, Massachusetts 01845,by virtue of a deed recorded with Essex County Northern District Registry of Deeds at Book 1076,Page 259("562 Boxford Street"),and Joyce Ann Bradshaw,as Trustee of the Gorton Family Trust,being the record owner of the real property known and numbered as 602 Boxford Street,North Andover,Massachusetts 01845,by virtue of a deed recorded with Essex County Northern District Registry of Deeds at Book 5407,Page 47("602 Boxford Street") (collectively,562 Boxford Street and 602 Boxford Street are referred to as the "Property"),do hereby state that we have entered into an Agreement pursuant to which we intend and desire to adjust the lot lines and swap certain land between 562 Boxford Street and 602 Boxford Street. As the record owners of the Property referenced above,please note that we each hereby authorize Smolak&Vaughan LLP and Christiansen&Sergi,Inc. to submit any and all applications and supporting information for permits and approvals in connection with a proposed lot line adjustment of the Property, including without limitation,any submissions with the Planning Board,Zoning Board of Appeals and/or Building Department of the Town of North Andover, Massachusetts,in connection with pursuit,negotiation,and obtaining any special permit(s),variance(s),so-called ANR Plan endorsement or Form A approval,or any other permits,approvals,or consents necessary or desirable in connection with the proposed lot line adjustment or land swap. { Dated: November 10,2014 OWNERS. &liaweriret, I `} Charlotte L.Hopping 4P0, J r ••'Ann Bradshaw,Trustee 1 I The word "mortgagor" as used herein shall be taken to mean the grantor or grantors herein 10011 and their heirs. successors and assigns. 1076 f And for said consideration we further Imamek m � PAGE telcase unto the mortgagee all.rights of curtesy, dower and homestead and other interest in the 2 5 9 iniirtgaged premises. This Mortgage is upon the Statutory Condition. for any breach of which or of any agreement herein contained the Mortgagee shall have the Statutory Power of Sale. itUtttas our hands and stab this twenty-seventh day of January 1967. t. el-4;;,:i . . - . . I i, 1 Comoronbealtb of$assaebasetts Essex ss. January 27, 1967. I Then personally appeared the abosc.namcd Allen F. Fay and Elaine Fay and acknowledged the foregoing instrument E. to be their free;lit and decd. before me, Arthur t EnEno, Jr. otary.Public. My commission expire Nov. 29, 1969 Essex,as. Recorded Jan. 7, 1967 at 25w past 121).14. #568 9f 0�r �yl s �r 4,,,,1,&....., O d l ° i�Atl e &A-4,,, a:1.4,#-, ?2 ,{C � l ✓ Q4e c, /e. aa + a of 6....e...?„, County,Mato dswsetts, �°�� p����� �/ I ii llumeimli for consideration paid. grant to �.,'at-le7& {. ",9,41461, • of 7 &.../LbV<&/ //,, �lQ•aa. with quitclaim ravrasitta the land in LL....L.s�w/ et`yu s•;::,.1 •IG/:;a ,a ! e pp (Description and u say) Jul.1.L. • /1)"" _1,6.,,/,,, as . 14.fib. .,t:t. 1 traev,/O-a,(,kti.t. x..... 3SL i g' j ` t -AL- 901.• /n,n/''a2C4ae'7►ss,Lt,es..[�,iy)/ G'kp..le.�i/... sars•s O o'►.*- /.Qltd�ase� {, //Ze.K/'r..-)4. a#44,... `/'1. et./..c...t .[e.ess.,<.A 40,,, .b.i.7, r Q o S,a—A 1.01,12a1.v*v* . Warr Fjj,,,,...4wAn...,,.n., /7. tV f�1 ,.I ,(..14.1,t,..._ Ss1)•Y .. h' 4 6.,„4 .i ,6.4_. /I.s.04• j all .. ,wtiavy .L.t-,.Al 4 C. .w t /4„..i,4-IL, -, I ... . ..:., ( . BOCK I ., ., . 1070 ... ESSEX HORih -- r� 0 r:.Le, , Ill. . • 2 6 0 .t,14�'1i1i tz . �•• U,►• ' 4241;:h1 7 i ua+1...,r-74_ • of said grantor, release to said grantee all rights of dowwerrand homestead r and other•interests therein. I #ttursr A+ •••hand a" and seals this ZO.tb day of.. // }.... ».19.4 . . ` ////l drii.44.., . . .ii le 4,.., , S4r Eontstoutsralt4 of lWdlu tasasstts c Essex u, north Andover, :lass. January 20. 1967 • Then personally appeared the above named iil.NRY C. PLRLEY, RAYMOND PLRLEY AND CHARLOTTE PLRLEY RkA and acknowledged the foregoing instrUI eu tq be their free act/ �l�leed,before me of the t\e—. • - .. ., m coeun;ISio11 piret Do Ober • is69 Q,, I Essex,ss. Recorded Jan. 27, 1967 at 46m past 12P.M. 1569 . KNOW ALL MEN BY THESE PRESENTS that we, George B. Stern, of North Andover, Essex County, Massachusetts and William G. Kurth, of Andover, Essex County,Massachusetts, ilaipliiiiiiii*for consideration paid,grant to Jeanne E. Lally of said North Andover with gendatm rsastbasts Akmodsommbmomimmmulumd A certain parcel of land in North Andover, Essex County, Massachu- setts, being shown as Lot No. 1 on a plan of land entitled: "Plan of Land in North Andover, Mass. Surveyed for Norman I. Hearse, October 7, 1966, Robert E. Anderson Inc. Rag. Professional Engineer No. 11589," recorded in North District Essex Registry of Deeds Plan No. said lot being more particularly bounded and described as follows: • NORTHEASTERLY by Johnson Street - 210 feet; SOUTHEASTERLY by Lot No. 2, as shown on said plan - 209.94 feet; SOUTHWESTERLY by land of Sutton Hill Co. Inc. - 210 feet; and NORTHWESTERLY by other land of Sutton Hill Co. Inc. - 209.00 feet.Subject to a ten (10) foot right of way, as shown on said plan, to the Town of North Andover along the northwesterly line of said lot. Being a part or the same premises conveyed to us by Norman I. Bearse and Frances T. Hearse by deed.dated October 7, 1966 and re- corded in North District Essex Registry of Deeds Book 1071, Page 360. I N 0 O � BK 540? PG 47 .c o z a William Gorton, .43 +' o of North Andover, Essex County, Massachusetts c2 v . in consideration of less than One Hundred Dollars ($100 . 00) h. $.4 r $ � LW• CO grants to Joyce Anne Bradshaw, Trustee of the Gorton Family Trust Y, $ o ro( under Declaration of Trust dated Apr- Zo, I1' Q to be recorded ''� m P herewith at North District Essex Registry of Deeds o .4.1, ' en o of 624 Boxford Street, North Andover, Massachusetts, 01845 o o with quitclaim covenants MP t a C.. lo PARCEL I tM` N W H That certain parcel of land, with any buildings thereon, o situated on the northerly side of Boxford Street, North Andover, 1; $4 a Massachusetts, being shown as Lot 3A on a plan of land entitled o a P "Plan of Land, Boxford Street, North Andover, MA, prepared for { o William Gorton" which plan is recorded at North District Essex ' a x •• Registry of Deeds as Plan No. 13352 . w E w Said parcel is more particularly bounded and described as % follows: 4 APR 22'99 N!4 3O Southerly, by Boxford Street, 229.04 feet; f >1 Westerly, by land now or formerly of Hopping, 168 . 04 feet; $ Southerly, again by said land of Hopping, in courses of 178 . 90 fT1 i o feet; 99 .65 feet; 109 .97 feet; 58 .40 feet and 107. 78 feet; S 4 Westerly by land now or formerly of Donovan, 259 .68 feet; ... x i a Southerly, Southwesterly and Westerly, again by said land of tap f Donovan, in courses of 69 .07 feet; 13 .28 feet; 10 .91 feet; mill, 16 .67 feet; 41 .59 feet; 61. 00 feet; 20.19 feet; 20 .53 feet, f ! and 250.00 feet; Northwesterly by land of various owners in three courses, o 380.00 feet; 377 .56 feet; and 198 .02 feet; Northeasterly by land now or formerly of Brookview Country Homes, (" 1016 . 62 feet; .` Southeasterly by Lot 2A on said plan, 372 .49 feet; Easterly, again by said Lot 2A, 262 . 64 feet. Be all measurements more or less and all as shown on said Plan s' 13352. Said parcel contains 22 .19 acres . $ $: i Kb �,r• )( . -- I I ik BK 5407 PG 48 a PARCEL II That certain parcel of land with all the buildings thereon, on the northerly side of Boxford Street, North Andover, Massachusetts, r shown as Lot 4 on plan of land entitled "Plan of Land in North Andover, Mass, surveyed for William & Anne Gorton" , which plan is recorded at North District Essex Registry of Deeds as Plan No. 6386 . Said Lot 4 is more particularly bounded and described as follows : Southerly by Boxford Street, 200 .00 feet; Westerly by Lot 2 on said Plan, 478 .91 feet; Northeasterly by land now or formerly of Giragosian, 235 .51 feet; and Easterly by Lot 5 on said Plan, 331 . 95 feet . Containing 80, 600 square feet of land, according to said Plan. { For title see deed of the Town of North Andover, dated July 1, 1947, recorded at said Registry of Deeds, Book 699, Page 360 . See also Land Court Case No. 36814 and Decree of Confirmation of Title recorded in said Registry of Deeds, Book 1217, Page 478 . Executed as a sealed instrumentLjthig 20th day of April , 1999. Ce 7 COMMONWEALTH OP MASSACHUSETTS Essex, ss Andover, April 20, 1999 Then personally appeared the above named William Gorton and acknowledged the foregoing instrument to be his free act and deed, Before me, , 4 _.--1,1.1V • "Sep S. r om ly 7 . ary Public comm. expires : Aug. 17, 2001 } sORT1, z. ....s:,.'`'° •.."�o Zoning Bylaw Denial 4:1, A , Town Of North Andover Building Department r, - ..; 400 Osgood St. North Andover, MA. 01845 'ssAcMuso Phone 978-688-9545 Fax 978-688-9542 i Street: 562 Boxford Street Map/Lot: Map 105.0 Lot 003 and Lot 22 Applicant: Charlotte L. Hopping/Joyce Ann Bradshaw Trustee Request: Lot Line adjustment and Land Swap Date: Nov. 13, 2014 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: , t Zoning R-1 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient i 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information g Use 5 No access over Frontage i 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height I,` 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information i; 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum I 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting f'`; 1 Not in Watershed X 4 Insufficient Information 2 In Watershed J Sign N/A I{ 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information P- E Historic District K Parking N/A 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies i 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance-Rear yard Access other than Frontage Special Permit Parking Variance l Frontage Exception Lot Special Permit X Lot Area Variance i Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA _ Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit pre-existing nonconforming Watershed Special Permit 1 The,nhnve,rcvicui nnrl mffmnhorl ovnhnnfinn of el i,'h is kneorl nn fine alone on.-1 infnrm,finn c.ihmiffe.f Ale.elefi.,iH..�r.,..■.,... .. voRry f o r, m DD RECEIVED TOWN CLERK'S OFFICE ri 4sAcHuS< ` TOWN OF NORTH ANDOVER VARIANcg AM 9. 27 ZONING BOARD OF APPEALS NAME: C-i-i«1Rt.orrE 1.--. HoPPrd 61TbycE 44/4 44.40444./ f ua4 ADDRESS OF APPEAL: S-6 2 6 ox �p TQe—&-T— y� 1 HAS5ACH PUTTER TimnmestarnP Procedure & Requirements for an Application for a Variance Twelve(12) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN UST OF PARTIES IN INTEREST: General Law ch.40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1) original and eleven (11)Xerox the decision,the Mylar,and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 354 Office to be certified by the Town Clerk with the time Merrimack St. Suite#304, Lawrence MA,01843 and and date of filing. The original will be left at the Town shall complete the Certification of Recording form and Clerk's Office,and the 11 Xerox'copies will be left with forward it to the Zoning Board of Appeals and to the the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev.&Services North Andover Town Hall 1600 Osgood St., Bldg.20,Suite 2035 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner: *Name, *Address and telephone number: a. Toys ANN 6,04051-.1,444 'MUST OF 6o 'TON ii.mic TZvsr 6,2+{ BoxPoreD srkrer N, 4N,mV . m4 (b,) CH4Acorrri L. HoetfA16- 5-62. Sa k l-0Xp ,r raEtr, N ANDoyeg- MA *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: (a.) '7oyre q NN BKA�S�,r/1�/ IKusrc • di Goy r°N 6941n- Sr 624 BD FO Srarv-r, N. 4Al ova A14 �HyRL�ITE L. f-1 P/nI 5-62 1 dxrd/Z,� J',- e i N. ,IN; © Ve /4 A Years Owned Land:. 3. Location of Property: a. Street: 5-62 ,eaX,goap s'n2 r Zoning District: b. Assessors: Map number: log L Lot Number: 3 22 c. Registry of Deeds: Book Number: (4 54'o 7 Page Number: y C) /d 76 25'9 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. SEC r'/oN ', 1 Z (4 or 44,,2 6-.9) fc CT/on/ 7. 1. / Con/ 6.uoLJS '0/t. i4-; c A.< - *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: • //VI eA.j-,oAL4c., V09-41ANC 1s ,QE"Avt rJTep T ALL" W F12— tor t./NF' Abj-/J'TMi-NT Tb ?At -6kisr//VG nian/C0n/11)401/476, G©T WHERE iHk I or 4S•/zE %.Jf -L /N T/9CT /5 6 /n/CR 671,So73,. The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result In a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A551/3Z N,4 NA % N4 NR NA A/4 NA ^/A B. i i Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 50 861 NA iv y S-96.3I N,g 116.9 L/ ? AM 52.0 t 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5�ii3z. N NA 220 NA qt,. / 42,y ,vs/ 5Z 0 i i 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 1` 87/20 NA /v'A 175 NA 30. 3 0. 36. 30 • 7A. Existing Building(s): t Ground Floor Number of Height Total Use of Number } Square feet Floors Sq.feet Building* of Units** i 768 I 1\14 768 Ref/be-N7/.9c. / t t *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** t` 5- 768 ,v,� / f 1 X68 Ref �',v„�L i i *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). F 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zo s i 110;oard of this application as incomplete. Signature: ,.' - Type above name(s) here: 13/11 A'J G, Vsq v6&t AN/ Esc, ` r yte,c,4 4,. r Vg v4 4444 I-1,e AlLca+Nr 77, 0wnieV- .09-uirsa m/1,q-r764 /NVd..✓pcA, f ' k