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HomeMy WebLinkAboutJUBA, STEPHEN M & CHERYL A FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLATIyt? #! Nor a.ty February 1625 To the Planming Board of the Town of Forth Andover: 'U The undersigned, being the applicant as defined. under Chapter 41., Section 81-L, for approval of a proposed-subdivision shown on a,plan entitled Definitive Subdivision Planof Lo `292 Shown on T.and Cnivrt Plan-32463F by Christiansen & Sergi , Inc, dated Jan 1 , 1993 beiland bounded as follows: northerly by Wesley St . ; easterly by property of Schatzberg and Saville St. ; sou, er• y by WalTa-ce St. ; westerly by Booth St . hereby submits saiii plan as a DEFINITIVE plain in accordance with Rules and Regulations of the North Andover Planning�Board and makes application to-the Board for approval of said plan. Title Reference: North Essex Deeds, Book , Page ; or Certificate of .Title No 114 41 , Registration Book g s ,, page 16 9; or Other: Said plan has(X) has not( } evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) ( } disapproved (X) on October 6 * 19 92 • The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance I thereof hereby, agrees to.abide'by the Board's :Rules and Regulations. The undersigned hereby further covenants and agrees w*th the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities In accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by--lags of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct -the streets or Kays and other improvements shown thereon in accordance with Sections Iv'and V of the Rules and Regulations of the Planning Board and the,approved DEFINITIVE plan, profiles and cross sections of the sane. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall,be binding upon all heirsl executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: Date: i ture 'of Applicant S&S/Builders, Inc. Time: Signature: Methuen; MA 01844 Address Notice to APPLIGANt/TOWN CLERK and Certification of Action of Planning Board, on Definitive Subdivision Plan entitled: Definitive Subdivision o f Lot_ 292 ` Shown -on Land Court Plan 3263F By' C._hri stinncan R 2prgiT�T�• dated Jan 1 1923 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: , 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land"t or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub— division, all 'as provided by G.L. c. 41, S. 81-J. 2. That all-such-construction and installations shall in all respects conform to the governing"rules-and regulations of this Board. 3. That, --as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 40 'Other .conditions: f In the event that no appeal shall have been taken from said approval within_ twenty;days .from-this dater the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NORTH ANDOVER PLANNM BOARD Date: By: FORM D DESI`GNER ' S C'ERTIFICATf February 16, 1993 TO THE "AANNING BOARD OF THE TOWN OF NORTH ANDOVER; Definitive Subdivision of Lot 292 shown on In preparing the plan entitled Land Cotart plan 39ti3F I hereby certify that the above named plan and, 3ccompanyi nq data is true and correct to the accuracy required by the cu,r •ent Rules and Regulations Governing the Subdivision of Land in North Ando ger, Massachusetts , and my source of informiation about the location • f —1,undaries shown on Said plan were one or more of the following,: . Deed from 6&S Builders t•o McDon^gid dated Aug 1992 and' recorded in the Nnrth Registry in Book 85 page 169 2 . Other plans as follows L. C. 3263 ' ; 3. Oral information furnished by 4 . Actual measurement on the around from a stating point established by L. C. 3263F 5 . Other Sources S ' ned Pro fes o 1 Engineer or Seal o or (Registered Surve 9�s Registered Land-_S r eyor) MICHAEL c Inc. a J. �, Christiansen. & Sergi , SERGI 160 Summer Street No.33191 � ISTEA���gJ``y� Haverhill , MA 01830 °k�c LAKos Address i FORM E CERTIFIED LIST OF ABUTTERS February 19 93 . TO THE PLANNING BOARD OF THE TOWN OF NORTH ' ANDOVER : The undersigned , being an applicant for approval of, a Definitive Definitive Subdivision of Lot 292 Plan of -a proposed s ubdi vi s i d"n entitled Shown on Land Court Plan 3263F submits the follcwing sketch of the land in the subdivision listing the names of the adjo4.ning owners in their relative positions and indicating the address of each abutter on the sketch or in a separate list , in - cludina owners of land separated from the ubd ' ision only by a�is' treet . re o A l Sig atu PP i c a n t S& uilders , Inc. --b_; nwick Circle Address Methuen, MA: 01844 February 1993` TO THE PLANNING BOARD OF THE TOWN OF NORTH AaDOVER: This is- to certify ' that at the time -of the last assessm,e.nt for taxation made by the Town of North Andover , the names and addresses of the partie, assessed as adjoining owners to the parcel* of land shown above were as above written , except as followst 'Assessor LIST OF PARTIES OF INTEREST MAP # PARCEL # NAME ADDRESS 124 Blueberry Hill , North Andover 98C 30 William S and Pamela Buco 469 Chestnut St .1 No - -A-Pdover- 98C 31 Otis Street John H. Carroll , 1501 Main St . Tewksbury MA 01876 98C 36 Alon Schatzber and Leah Ziph-Schatzberg_ 34 Wesle� St 98C 41 Herbert 'O. Pickard and Sue Botti i .2 Adrian St. NQ . Andover .98C 42 , 43,44,4 Gaspar J. and Raffaela G. Balsamo 8 Adrain St . No. Andover 14 Stephen M and Cheryl A. Juba 55 S lem St N/F OT/S STREET Iv/F BUCCO NOM/NEE TRUST SA VI L L E 40' WIDE - PRI kATE ST,p�c�c� RE5TME NIP SEMENT- j -,?Otw/DE SEGY I i 64SEMENT SCHATZBERG 25'wrDE N'F J EMENT ✓ NfF R 5T LOT 293 Zs'WIDE ; LOT 2 94 LOT 295( rRU UTILITY I J EASEMENTS R.D. W �-- BOOTH (40'WIDE PR111.4TE ) q� PICXARD N/� .N/F BAL AMO lV BACSAMD V 8071661 4b. 'Q v d Q rn b. rn ADR/AN 57R EE7- Xo rn ' 13 o'n-rif 5T- y 4 Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary Subdivision Plan entitled: "Booth Street" ..e By:. Christiansen & Sergi dated August 17,' 1992 T.OUGITZ.V1 led 5 1-1 ph 2. The North Andover Planning Board has disapproved said plant for the following reasons: See Attached 3 SAI pang .... -40 cn =0*= C, rn C' Very truly yours* MRTH✓��PL�ANNI�tLBO George D. Perna, Chair Date: October 6. 1992.. _ �... 1 #' c !t , DANIEL LONG x NORZN A��tOVER Vic, SP r- e- IACM41A APPROVAL OF A PREL M NAR _ August 1.7 19.1 2 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81-Lq for approval of a proposed subdivision shown on a plan entitled "Booth Street" By Christiansen & Sergi , Inc. dated August 1 1992. being land bounded as follows: Northerly by Wesley; easterly by Saville St . ; westerly' hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title references North Essex Deedsp Book f PageL_; or Certificate of Title No.9 5 6 0, Registration Book ! Page-; or Other: Appl c t' si ures s �Ca�E,Ps, ` Received - Town Clerk: Dates Applic 's address S & S Builders, Inc, 6 enwick Circle Time: Methuen, MA 01844 Signature: Owner's signature and address if not the applicants k 4 BOOTH STREET PRELIMINARY SUBDIVISION - DENIAL PLAN DATED: AUGUST 17, 1992 PREPARED BY: CHRISTIANSEN & SERGI The Planning Board has determined that the Preliminary Subdivision entitled "Booth- Streets does not conform with the requirements of the Planning Board's Rules and Regulations Governing the Subdivision of land. Specifically, the following items must be address prior to the submission of a' Definitive Plan. 1. In accordance with Section 7.A.3.) the road grades on residential streets shall not exceed a 6 (six) percent grade. The proposed plan does not conform to this requirement: 2. In accordance with Section 7.A.2.)a.) all residential streets in residential zones the right-of-way shall be 54 {fifty} feet in width. The proposed 40 feet in road width does not provide for the proper width. 3. In accordance with Section 7.A.2.)c.) the dead end road shall provide for a cul-de-sac turnaround with a minimum of 120 feet in diameter. The proposed plan does not provide for a cul-de-sac. 4. In accordance with Section 7.A.4.) the dead end street exceeds the street length allowed in a Residential-3 Zoning District, 5. In accordance with Section 7.B.4.) the road pavement width does not meet subdivision standards and DPW requirements. 6. Street trees, of a size and species approved by the Division of Public Works, shall be planted on each side of the street. . .new trees shall be at least two and one-half (2.5) inches in caliper and shall be planted at intervals of every fifty linear feet of roadway. 7. In accordance with Section 7.L.1) the subdivision is required to have a water supply for fire protection to the lots. Fire protection may be required as recommended by the Fire Chief {see comment letter dated August 27, 1992) . The Planning Board will accept the submittal of the Definitive Plan with a filing fee of $240.00 plus $250.00 per lot. I,. - _ j __ ` Notice to APPLICAIV'1'/TG' CLERK and Certification of A& `)n of Planrung Board' on Definitive Subdivision Plan entitled: Definitive t a b d i v i s i o n o g.. Lot 292 Shown on Land Court Plan 3263F By: Chri,-Qtianqpn 9 Sergi In- dated -Jan 1 �.. , 1993 The North Andover Planning Board has voted to APPRM said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said 'sub- division, all as provided by G.L. C. 44 S. 81-U- 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. Th as required �by�North Andover Bo of Health s repo to thiBo d, no building orstructures be built o aced u is No. as wn on said Pl without a prior co seat of said Bo of Health. k. Other -conditions; I See Attached C) r*tC-) In the event that no appeal shall have been taken from said approval witA twenty days from this date, the North Andover Planning Board will forthwi , thereafter endorse its formal approval upon said plan. fte ollo res: NORTH PLANNII+ BO Ai�Cd t�znd�A Date: June 8, 1993 By: Richard Nardella, C air Booth Street Definitive Subdivision Conditional Approval The Planning Board herein approves the Definitive Subdivision requested by S & S Builder, Inc. , dated March 10, 1993, consisting of 2 lots on approximately 50,000 square feet of land on Booth Street. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plans, dated January 1, 1993, include all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following; a. The applicant must meet with the Town Planner in order to ensure that the plans to be endorsed conform with the Board's decision. b. A detailed construction schedule must be submitted as part of the plans. C. A covenant (Form I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 13 (c) . d. Right of way dedication easements for the proposed roadway shall be prepared at the applicant's expense and provided to the Planning Office. e. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board will sign the document and it must be filed with the Registry of Deeds. f. All drainage, water (if applicable) and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation must be included in the design and shown on the construction schedule required in Condition 1 c. g. The catch basin as shown on the reference plans, must be relocated out of the right-of-way. The applicant is directed to work with the Department of Public Works in the relocation and design of this catch basin. The relocated catch basin must be shown on the plans endorsed by the Board. h. The cul-de-sac must be relocated and reconfigured to fit inside the exiting right-of-way where Booth Street and Wallace Street intersect. Whatever required pavement does not fit within the existing right-of-way will be placed on a portion of Lot 295. The applicant is to work with the Department of Public Works in the reconfiguration and relocation of the cul-de-sac. The relocated cul-de-sac must be shown on the plans prior to endorsement by the Planning Board. i. All conditions listed herein, which shall require action by the applicant after endorsement, shall be placed on the final sheet of the Record Plans which will be presented for endorsement by the Planning Board. j . All application fees must be paid in full and verified by the Town Planner. All documents must be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. 2. Prior to the start of construction: a. The record Plans must be endorsed by the Planning Board and recorded by the Applicant with the North Essex Registry of Deeds. 3. Prior to any lots being released from the statutory covenants: a. All site erosion control measures required fto protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff will judge whether the applicant has satisfied the requirements of this provision prior to each lot release. 2 b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. Items covered by this security may include, but will not be limited to: i. as-built drawings ii. sewers and utilities iii. roadway construction and maintenance iv. lot and site erosion control V. site screening and street trees Vi. drainage facilities vii. site restoration viii. final site cleanup d. All proper documents and easements required through Condition 1 must be in >place. 4. Prior to a FORM U verification (Building Permit Issuance) for an individual lot, the following information is required by the Planning Department: a. The applicant must submit to the Town Planner proof that the FORM M referred to in Condition 1(f) above, was filed with the Registry of Deeds office. b. Three (3) complete copies of plans and two (2) copies of all documents containing registry of deeds stamps must be submitted to the Town Planner as proof of filing. C. A plot plan for the lot in question must be submitted, which shows all of the following: i. location of the structure, ii. location of the driveways, iii. location of the septic systems (if applicable) iv. location of all water and sewer lines, V. location of wetlands and any site improvements required under a North Andover Conservation Commission (NACC) order of condition, vi. any grading called for on the Tot, and vii. all required zoning setbacks d. All appropriate erosion control measures for the lot must be in place. Final determination of appropriate 3 measures shall be made by the Planning Board or Staff. e. All catch basins must be protected and maintained with hay bales to prevent siltation into the drain lines during construction. f. The lot in question shall be staked in the field. Any major departures from the record plans must be pointed out to the Town Planner. The Town Planner will verify that the changes will not require a modification to the decision. g. Lot numbers, visible from the street, must be posted on all lots. 5. Prior to a Certificate of Occupancy being issued for an individual lot, the following shall be required: a. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant must ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the approved plans and profile sheet. b. All necessary permits and approvals for the lot in question must be secured from the North Andover Board of Health, and Conservation Commission. C. Permanent house numbers must be posted on dwellings and be visible from the road. d. All slopes on the lot in question must be properly stabilized, as judged by the Planning Staff. e. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. 6. Prior to the final release of security retained for the site by the Town, the following must be completed by the applicant: 4 a. An as-built plan and profile of the site must be submitted for review and approval. b. The applicant shall petition Town Meeting for public acceptance of the streets. Prior to submitting a warrant for such petition the applicant must review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board must hold a portion of the subdivision security for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded with the Registry of Deeds. C. The Town Planner will ensure that all planning, conservation commission, and department of public works issues and conditions are satisfied and that construction was in strict compliance with all approved plans and conditions. 7. Two to two and one half inch caliper (2-2.511) street trees are to be placed every fifty (50' ) feet along both sides of all new roadways. A variety of species, recommended by the Tree Warden, must be planted. 8. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed only within the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. C. Pressurized fire sprinkler systems must be designed and installed under the direction of the fire department. This condition may be deleted without modification procedures in the discretion of the Planning Staff in the event an agreement can be reached pursuant to Condition 11 below. 9. Tree cutting shall be kept to a minimum throughout the site in order to minimize erosion and preserve the natural features of the site. The developer shall inform the Tree Warden when tree cutting is to occur. The Tree Warden may pre-approve any major tree cutting. 10. The applicant must not retain exclusive right to the sewer 5 and roadway. An easement will be granted to the town which will include the general public to access the roadway and utilities proposed. This condition may be amended without modification procedures in the discretion of the Planning Staff in the event an agreement can be reached pursuant to Condition 11 below. 11. The Department of Public Works and the Fire Department have expressed concern over the lack of water in this area of town. The Subdivision Rules and Regulations for the Town of North Andover require that water mains be constructed and installed to provide adequate watersupplyfor domestic and fire protection use. As such, the Planning Board would encourage the applicant to install a water main as part of this subdivision. Thus the Planning Board will require the applicant to actively pursue the construction of the water main within the next 30 days. The applicant is directed to work with the town staff in an effort to obtain an agreement as to the construction of the water main. In the event such agreement can be reached,- paragraphs 8c, 10, and20 may be amended by the Planning Staff to the reflect t e terms of such agreement. 12 . Any acti n by a Town Board, Commission, or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut line , shall require a modification of this decision by the Planning Board. 13 . There shall be no burying or dumping of construction material on site. 14 . Any signs utilized for this project must obtain a sign' permit as required by Section 6 of the Bylaw and will be reviewed by the Town Planner. The Planning Board will review a y entrance sign structures. 15. The contractor shall contact Dig Safe at least 72 hours prior tollcommencing any excavation. 16. Gas, Te 'ephone, Cable, and Electric utilities shall be installe as specified by the respective utility companies. 17. All cons ruction shall commence by June 9, 1995 (two (2) years fr m the date of this approval) and shall be completed by June 9, 1998 (five (5) years from the date of this approval) . 18 . The provisions of this conditional approval shall apply to 6 and be binding upon the applicant, its employees, contractors and subcontractors, and all successors in interest or control. 19. The following waivers have been granted by the Planning Board: a. Section 7(A) (2) Width: Booth Street was laid out in a subdivision plan recorded in 1913. At that time forty (40) foot right-of-ways were required. Therefore the Board will waive the current fifty (50) foot right-of- way requirement. b. Section 7 (A) (4) Dead-End Streets: The Planning Board waives the street length maximum of 500 feet. Booth Street was created as part of as old subdivision, therefore it the potential exists for further expansion. No wetland will be impacted. 20. The Planning Board has determine that due to the fact that Booth Street was created as part of an old subdivision and due to its location in an isolated section of North Andover, sidewalks do not need to be constructed. However, in ,lieu of the construction of the sidewalks, the applicant will be expected to contribute to the town's sidewalk fund. The amount of contribution will be determined by the Deparment of Public Works in conjunction with the Planning Staff. 21. This Definitive Subdivision approval is based upon the following plans• a. Plans Entitled Definitive Subdivision Plan Being a subdivision of Lot 292 shown on Land Court Plan 3263F Located in North Andover, MA Dated: Jan 1, 1993, with further revisions Applicant: S & S Builders 6 Fenwick Circle, Methuen, MA Owners: Charles W. McDonald & Lorna U. McDonald, Booth Street, North Andover, MA Prepared By: Christiansen & Sergi, Professional Engineers and Land Surveyors, 160 Summer Street Haverhill, MA 01830 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief 7 i w � k, Fire chief Assessor Applicant Engineer File Booth. subd 8 cc LIJ c N V _r- Received by Town Clerk: RECEIVED JOYCE BRADSHAW` TOWN OF NORTH ANDOVER MASSACHUSETjaWHANDOVER BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING OI 1Sfl A & 42 Applicant Stephen & Cheryl Juba Address - Srel. No. 7 t 7 . 1. Applicant is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7-9 f4-i and Table—2of the Zoning Bylaws. b) For a Special Permit under Section Paragraph of the Zoning Bylaws C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered 0 %Qi:h Street. b) Premises affected area property with frontage on the North( }South ( ) East ( ) West ( } side of C-as+J Cxirle jSo;�•�t�ay�1+ �i'b6f vAle. Street. C) Premises affected are in Zoning District -3 and the premises affected have an area of IS 4 415a square feet and frontage of ALO feet. 3. Ownership: a) Name and address of owner(if joint ownership,give all names): Stephen M. Juba, III and Cheryl A._.jnha— JT Date of Purchase 3/27181 Previous Owner biers of Rose Kennedy b) 1. If applicant is not owner, check his/her interest in premises: Prospective Purchaser Lessee Other 1 2. Letter of authorization for Variance/Special Permit required 5 of 8 r 4. Site of proposed building: Z` front• SLA feet deep; Height Z PLIA.t! rami c. stories; feet. a) Approximate date of erection as soon as possible b) Occupancy or use of each floor: residential C) Type of construction wood fr me 5. Has there been a previous appeal, under zoning, on these premises9 n, 6. Description of relief sought on this petition requirement and area t eq%-W- VVIeV%+ 7. Deed recorded in the Registry of Deeds in BookNo. Page Land Court Certificate No. 8696 Book Pace 3g9 The principal points upon which I base my application are as follows: (must be stated in detail) Without the requested relief, the premises would be unbuildable, thus creating a substantial hardship. The non-conformity results from unique conditions related to the shape, soils and topography of the lot. Specifically, the shape, soils and topography of the lot. Specifically, the shape of the lot, relation to unconstructed streets and wetlands have created a unique frontage non-conformity. Variance will not substantially harm the public good or substantially derogate from the Bylaw's purpose. The premises is otherwise in excess of dimensional requirements and the available frontage is adequate for the purposes of the Bylaw. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* SignftA o6etitioner(s) 6 of 8 WORK SHEET DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: R-3 Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area Z 5,voo sq lot, t-14S9 s �,5t1 0 The Premises has frontage on unconstructed "paper" sheets as follows: Saville Street 104.89 If those portions of the Premises within Street Frontage Wallace Street 200.56 Wallace Street are included within the Booth Street 90.00 - calculation the premises has %/5.6 feet of frontage on the constructed portion of Booth qty-eat Otherw; a the "s - s ' r'. vng frontage. Front Setback (s) Side Setback (s) Rear Setback(s) of 8 PRINT CLEARLY AND USE BLACK INK. Raeived by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS " ry BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE �, -- S & S Builders Inc. c% Ralph R. Joyce, Esq. - ~ plant _ r Address Ph - =�� Tet. No. Street Andover, MA 01845 1. Application is hereby made 508-685-4555 and Table _ of the Bening Bylaw c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land -and building(e)- numbered"ot, 67, Cgs 11-4.11 A, 11r, , Street. b) Premises affected are property with frontage on the North ( ) South ( ) East kX) West ) side of Porth Street Street, anel knewn et. lie. -S C) Premises affected are in Zoning District , and the premises affected have an area of 1 RT_nnn+ _ square feet and frontage of g feet. 3 . Ownership: a) Name and address of owner (if joint ownership, give all names) : ';bPx}ten M 7 iha & Charl M AJuba Date of Purchase 3gs2 Previous Owner—unknown— b) wnerunkrr wb) 1. If "applicant is not owner, check his/her interest in the premises: ML_ Prospective purchaser Lessee mer 2. Letter of authorization for .'Variance/Special Permit required. � . 4. Size of proposed buildings 28* front; Gln' feet deep Height 2 stories; 2,s feet. a) Approximate date of rerect.ion: 5 b) occupancy or use of each floor: single family residential c) Type of construction: wOOd frame 5. Has there been a previous appeal, under zoning, on these premises? M If so, when? 6. Description of relief sought on this petition building pout dehied upon ruling of #nadequate avoess 7. Deed recorded in the Registry of ,Deeds in Bee ---- „age _ Land Court Certificate No. 8696 The principal points upon which I base my ,application are as follows: (must be stated in detail) Building Inspector denied building permit by letter of NaveeA)er 30. 1994 based on ownership interest in the way rather than upon a determination _ of adequate access. I agree to pay the filing fee, adve ising in newspaper, and incidental expenses* r Lgnatur of . titioner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of 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 (3001 ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner ,is located in another city or town, the Planning Board of the city or town, ;and the Planning Board of every abutting city ,or town. *Every application shall be submitted with an application charge cost in the amount of $25.00.< In addition, the petitioner shall be responsible for any and all ,costs involved in bringing the petition before the Board. Such costs shall, include mailing and publication, but are not necessarily .limited to these. Every application shall be submitted 'with .a plan of land approved by the Board. No petition- will be .brought before the Board unless said plan has been submitted. - Copies of the 8oardl.s requirements regarding plans are attached hereto br. re,.available from the Board of Appeals .upon request. M Uey x PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS. ZBA. Premises to be affected: Lots 56, 67, 68, 113, 114 & 115 Booth Street LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL ILOT NAME AQDRESS 98D Stephen M. & Cheryl A. Juba 55 Salem Street, No. Azad ABUTTERS MAP iPARHL SLOT NAME ADDRESS I Joseph E. Carroll Inwell 1 98F-1 13 j Kenneth J. Ahearn & Co., 1W.111 Southrid Circle i Andover,. NA 01814 98D 3 layino 260 River j Andover.. NA 1 1 8D j 26 (John J. Hyland, Adm. 98`Abbat Street i ! Lawrenoe, MA 01843 98D 125 SaQmiel & I tious Cataldo 3 Lymfield MA 01940 g I John H. Carroll 98C j 45 ; spar J. & Ra ella 'Balsamo 8 Adrian Street Ga North Andover, NA 41845 98D IStephen M- Juba ITT i I i I i i i A KAREN H.P.NELSON , D;resror Town Of 120 Main Street, 01845 NORTH ANDOVER t508>682-6483 BUILDING +�&4\�`/a' CONSERVATION °' "9`s DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT November 30, 1994 Ralph R. Joyce, Esq. 95 Main Street North Andover, MA Re: Juba to S & S Builders, Inc. Booth Street Property Dear Mr. Joyce: After reviewing information included in your letters of September 27 and November 7, 3994, there is still no legal documentation before me that attests to your client's ownership to the middle of the "way" Therefore, in my opinion, he does not have adequate access to the lot in question. On this basis and under the existing conditions, I would not be able to issue a Building Permit. :Yours truly, D. Robert Nicetta, Building Inspector DRN:gb c/Kathleen Bradley Colwell g i t pORTy 1 G sta.�a s-�O RECEIVED 3 +O�+ro♦R JOYCE CDSHAW ,sSACHUg�t NORTH ANDOVER NORTH ANDOVER OFFICE OF A9 UC 20 P Z +21 THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 01845 Any appeal shall be filed FAX(978)688-9542 within(20)days after the date of filing of this notice NOTICE OF DECISION Pr at: Booth�t1'@et NAME: Stephen&Cheryl Juba DATE 12/15/99 ADDRESS: 555 Salem Street. PETITION 039-99 For property at: Booth Street North Andover, MA 01845 HEARJNG: 12/14/99 The Board of Appeals held a regular meting on Tuesday evening,December 14, 1999 upon the application of Stephen&Cheryl Juba,residence:555 Salm St.,for prean ses at:Booth Street,North Andover, MA.in the R-3 zoning district. Petitioner is requesting a Variance from the requirements of Section 7,Paragraph 7.1 &7.2 of Table 2 for relief of lot area and street frontage in order to construct a single family resdence. The following members were present:William J.Sullivan,Walter F.Soule, Robert Ford,Scott Karpinski, Ellen McIntyre. Upon a motion made by Walter F. Soule and 2n by Robert Ford,the Board voted to allow the petitioner to Withdraw without prejudice. Voting in favor: William J.Suffivan,Walter F Soule,Robert Ford,Scott Karpinski, Ellen McIntyre. By order of the Zoning Board of Appeals UL,— William J.Suitt Chairman ml.1999decision53 BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535