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HomeMy WebLinkAboutESTATE OF ANNA M GILBERT Town of North Andover f lot o .*``° '• do Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles StreetTop y •� North Andover, Massachusetts 01845 'SSwCNus�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Date Moy, L55 , Z20 - TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I wish to withdraw my Variance S ecial Permit om rehensive Per Finding petition without prejudice from the North Andover Zoning Board of Appeals agenda for property located at: STREET: Q,—e—5C TOWN: !V W TL, 4Jke�� NAME OF PETITIONER:— G,^,e,,s — h 60w,-k�T Signed: � '� £s Pet�r petitioner's r ntative Withdraw c N - `s N01V 1 ii 10;i 1� e:) L° A i Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street `"+.•_----•�4° OA�T.O North Andover,Massachusetts 01845 e„us� D. Robert Nicetta Telephone(978)688-954 '. Building Commissioner Fax(978)688-954 , Any appeal shall be filed Notice of Decision ) �� within(20)days after the Year 2003 ` date of filing of this notice in the office of the Town Clerk. Pro at: for premises at:Lot C,Forest Street '' NAME: Forest Glen Development,Inc. HEARING(S): 3/11/03(Legal notice only) &11/18/03 ADDRESS: for premises at: Lot C,Forest Street PETITION: 2003-009 North Andover,MA 01845 TYPING DATE: November 24,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, the 18`h of November,2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover upon the application of Forest Glen Development,Inc.,d/b/a 130 Middlesex Street,P.O.Box 248,North Andover,MA for the premises at Lot C, Forest Street, North Andover, MA (Map 105D, Parcel 71). The Application is pursuant to MGL Chap.40B, Sec.21 for a Comprehensive Permit for the construction of 4 units of housing of which 25%or 1 unit will be an affordable unit and seeks relief in order to be economically viable and to exempt the proposed development from local requirements and regulations that are not consistent with local needs.The units are to be sold or rented to moderate-income persons meeting the eligibility guidelines established by the Massachusetts Housing Financing Agency (MassHousing). The legal notice was published in the Eagle Tribune on February 24 &March 3,2003. The legal notice was read in the March 11,2003 meeting and the applicant requested the Board to continue the hearing to the April 16th,the May 15d`,the June 10'h,the July 8'h,the August 12`h,the September 91h,and the October 14'h meetings. The following members were present to hear the applicant withdraw without prejudice: William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. Upon a motion by Walter F. Soule and 2nd by Ellen P.McIntyre,the Board voted to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J.Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse. Town of North Andover Board of Appeals, � a ' A L William J. ullivan,Chairman Decision 2003-009. M105DP71. rj r7 LJ! Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover t NORTH O 4t�a° ��1•C Office of the Zoning Board of Appeals f p Community Development and Services Division 44 27 Charles Street ' • .r �► °,Too North Andover,Massachusetts 01845 'asc►,usEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision r within(20)days after the Year 2003 i date of filing of this notice in the office of the Town Clerk. Pro at: for premises at:Lot A,Forest Street { NAME: Forest Glen Development,Inc. HEARING(S): 3/11/03(Legal noti e only &11/18/03 ADDRESS: for premises at: Lot A,Forest Street PETITION: 2003-008 c r l North Andover,MA 01845 TYPING DATE: Nov.24,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,the 18th of November,2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover upon the application of Forest Glen Development,Inc.,d/b/a 130 Middlesex Street,P.O.Box 248,North Andover,MA for the premises at Lot A, Forest Street, North Andover, MA (Map 105D, Parcel 39). `The Application is pursuant to MGL Chap.40B, Sec.21 for a Comprehensive Permit for the construction of 4 units of housing of which 25%or I unit will be an affordable unit and seeks relief in order to be economically viable and to exempt the proposed development from local requirements and regulations that are not consistent with local needs.The units are to be sold or rented to moderate-income persons meeting the eligibility guidelines established by the Massachusetts Housing Financing Agency (MassHousing). The legal notice was published in the Eagle Tribune on February 24&March 3,2003. The legal notice was read in the March 11,2003 meeting and the applicant requested the Board to continue the hearing to the April 16th,the May 15th,the June 10`h,the July 8th,the August 12th,the September 9th,and the October 10 meetings. The following members were present to hear the applicant withdraw without prejudice: William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. Upon a motion by Walter F. Soule and 2nd by Ellen P.McIntyre,the Board voted to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J.Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. Town of North Andover Board of Appeals, 1 w ' William J.S llivan,Chairman f. c Decision 2003-008. M105DP39. t r C CIl Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f 14ORTH E Office of the Zoning Board of Appeals icoiriri %inity Development and Services Division 27 Charles Street js no 'North Andover,Massachusetts 01845 '�s,c►wsEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at:Lot C,Forest Street(Map 105D,Parcel 71) NAME: Forest Glen Development,Inc. 130 Middlesex Street, HEARING(S): 718&8/12/03 North Andover ADDRESS:Lot C,Forest Street(Map 105D,Parcel 71) PETITION: 2003-022 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting an Tuesday,August 12, 2003 at 7:30 PM in the Senior Center,120R Main Street,North Andover,MA upon the application of Forest Glen Development,Inc. 130 Middlesex Street,North Andover,for premises at:Lot C,Forest Street,North Andover(Map 105D,Parcel 71)requesting a Variance from Section 7,Paragraphs 7.1,7.2, and Table 2 for relief of minimum lot area and street frontage,as well as,a Special Permit and Finding under Section 9,in order to construct a new single family dwelling on a non-conforming lot. The said premise affected is property with frontage on the West side of Forest Street within the R 1 zoning district. The following members were present: William J.Sullivan,Walter F. Soule,Ellen P.McIntyre,and Joseph D.LaGrasse. Upon a motion by Joseph D.LaGrasse and 2nd by Walter F.Soule,the Board voted to GRANT the Variance from Section 7,Paragraphs 7.1,7.2,and Table 2 for relief of minimum lot area of 41,877 and street frontage of 24.84' in order to construct a new single family dwelling on a non-conforming lot according to the Plan of Land in North Andover,Mass.Owners:William J.&Deana J.Hamel,Linda M. Emro Trustee,Ronald F.&Linda M.Emro and Anna M.Gilbert,Date:Sept.30, 1999,Rev.:June 9,2003, [by] William S.MacLeod,Professional Land Surveyor,#29644,Andover Consultants Inc., i East River Place,Methuen,Mass. 01844 and the Sample Floor Plans prepared for Gerard E. Welch,Inc.P.O.Box 248 N.Andover;upon the conditions of. 1. George J.Zambouras,P.E. 17 Noble Hill Road,Beverly,MA will specify the Forest Street lot,map,and parcel information in an update of his August 4,2003 letter. 2. The Plan of Land Mylar will specify the Forest Street lot,map,and parcel information,the ownership information,and will have a four-line signature Zoning Board block. Voting in favor: William J. Sullivan,Walter F. Soule,Ellen P.McIntyre,and Joseph D.LaGrasse. Upon a motion by Joseph D.LaGrasse and 2nd by Walter F.Soule,the Board voted to allow the petitioner to WITHDRAW THE PETITIONS FOR THE FINDING AND SPECIAL PERMIT WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J.Sullivan,Walter F.Soule,Ellen P.McIntyre, and Joseph D.LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Paget of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals r Wo- Community o Community Development and Services Division 41. 27 Charles Street r.° North Andover,Massachusetts 01845 c►a,sE` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted Linder the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William J.S ivan,Chairman Decision 2003-022. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f pORT1t Office of the Zoning Board of Appeals Community Development and Services Division • 27 Charles Street " °* °�=--•�"° ' North Andover,Massachusetts 01845 'ss�cNu'y� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover,Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 86 of July,2003 at 7:30 PM to all parties interested in the appeal of Forest Glen Development,Inc. 130 Middlesex Street,North Andover,for premises at:Lot C, Forest Street,North Andover(Map 105D,Parcel 71)requesting a Variance from Section 7,Paragraphs 7.1,7.2,and Table 2 for relief of minimum lot area and street frontage,as well as,a Special Permit and Finding under Section 9,in order to construct a new single family dwelling on a non-conforming lot. The said premise affected is property with frontage on the West side of Forest Street within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover, MA,Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J.Sullivan,Chairman Published in the Eagle Tribune on June 23&30,2003. Legalnotice 2003-022B. cm 00 � ''' CD M CD --A-) "�, sv "� Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 97888-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover V%oRrM Office of the Zoning Board of Appeals F? Community Development and Services Division « _ 27 Charles Street * `'+ •..--.�- .� North Andover,Massachusetts 01845 D. Robert Nicetta . Telephone(978)688-9542 Building Commissioner Fax (978)688-9542 Date �&n [be z .)tJ TO: Town of North Andover Zoning Board of Appeals 27 Charles Street71, -- ,_., North Andover MA 01845 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 t"''' 7) w Cr Variance Special Permit Com rehensive Permit(_ 40B) Finding AU, 5k for property located at: STREET: CSD TOWN: 1 VL"+L, OV'Pi✓ TO MEETING DATE(S): :.. "Z ZOQ p NAME OF PETITIONER: Signed: Petttianer(or petitioner's ntative) WAIVER 1, Board of A4 s 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 LIF d 1 0 200 BON""D OF APPEALS AUG-13-2003 WED 11 ,30 AM ATTY MARK B JOHNSON FAX NO. 9784756703 P, 01 i * NORTN s f L NORTH A.NDO ER OMCE o _.. THE ZONING BOARD OF APPtALh P2: 2 I 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 0184S FAX(978)688-95.12 Date: TO: Town of North Andover Zoning Board of Appeals 27 Charles Street / North Andover, MA 01845 phone#978-688-9541 o v, fax#978-688-9542 t Please be advised that I wish to withdraw my oetlbo&-thout prejudice from the Zoning Board of Appeals agenda for property located at: ' STREET: �•!� ��� /Gon,. T 1/i lk 7W P51s.&D3j TOWN: &T 1xf?�Od,�ic1 NAME OF PETITIONER` _M' Signed: Signed: 7T��Zlrig (or petitioner' resentative) V C'`~ -ltr�,C.st . mWanance ` I B0.v27 OF.�PFLpi 5 6S8- Sat gt;1LDINGS 683-95-$5 CONSERVATION M-9530 REALTH obs-9540 PL.-`+NTN*G 6i 3.9333 TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS `' ..4s tcµ 4 Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: 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 f The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building I� 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 petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. 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 item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). x my C_. IMPORTANT PHONE NUMBERS: = "' 978-688-9541 Zoning Board of Appeals Office j 978-688-9501 Town Clerk's Office , c 4 - Department rrri LAJ JUN 12 2003 j BOARD OF APPEALS Page 2of4 Application for a VARIANCE P x �ro 2 Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Forest Glen Development, Inc j a 130 Middlesex St. North Andover MA 01845 (978)794-9191 j I 1 I 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Estate of Anna M. Gilbert, c/o Law office of Debra R. Silberstein 68 Main St. , Andover MA 01810 (978) 474-4700 Years Owned Land: 49 Years,10 Mos (8/13/1953) I Location of Property: a. Street: Lot C Forest St. Zoning District R-1 b. Assessors: Map number j o 9n Lot Number: 71 c. Registry of Deeds: Book Number 779 Page Number:303 4. Zoning Sections under which the petition for the Variance is made. Section 7, Paragraph 7.1 and 7.2 "Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request To construct ;;new single family home on a lot which does not meet the current minimum area or frontage requirements. *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 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be Ihnfted to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. 45,170 N/A N/A % 150 N/A N/A N/A N/A N/A B. % J Page 3 of 4 Application fora VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 45,170 N/A N/A % 150 N A N/A N/A N/A c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 45,170 N/A N/A % 150 2 in) 54 42 35 100+ d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 87.120 N/A N[A % 125 2 _ _30__ .10 3Q._ _3Il 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* N/A N/A N/A N/A 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 2,040 (max) 2 1/2 4,080 (mai Residential N/A N/A N/A N/A N/A N/A N/A N/A `Reference Uses from the Zoning By-Law.State number of units in building. 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 rAomply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may r ult in a dismissal by the Zoning Boar of this ap&ation as incomplete. Si nature C c�-� Type ab a na (S) here Jacques Marchan , President of Forest Glen Development, Inc * Owners Authorization Attached i PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) j application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks, sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified-mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c) 2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks (*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor,with a block for five (5)ZBA be submitted. signatures and date indicated on mylar. Town Of North Andover Project: Building Department 4 KORTry 27 CHARLES ST Lots A&C.Forest St F p 97$_688-9545 New Home Construction Documents APPLICANT: Gerard Welch �°ss 1361 Main St., Reading, MA 01867 �ewug RE: Building Permit applications far lots A&C Forest st North Andover DATE: August 13, 1999 Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning-- Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Si n exceeds requirements Violation of Setback Front Side Rear x Insufficient Lot Area Insufficient Parking Violation of Building Coverage Insufficient Open Space Use requires permits prior to Building Permit Sign requires permits prior to Building Permit Form U not complete by other departments Not in conformance with Growth B -Law I x Other insufficient front e Remedy for the above is checked below. x Dimensional Variance Special Permit for Watershed Review Special Permit for Site Plan Review Special Permit for sign Complete Form U si n-offs x. Copy of Recorded Variance Information indicating Non-conforming status CODV of Recorded Special Permit Other Other Plan RevieW The plans and documentation submitted have the following inadequacies : 1.Information Is not provided,2.Requires additional information, 3.Information requires more clarification,4. Information is incorrect. 5.All of the above. Foundation Plan Plumbing Plans Subsurface investi ation Certified Plot Plan with proposed structure Construction Plans 116 Affidavit Mechanical Plans and or details Plans Stamped by proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan Roofing Footing Plan to scale Utilities Site Plan Water Supply Sewage Disposal Waste Disposal Other ADA and or ABBA requirements Administration The documentation submitted has the following inadequacies : 1.Information Is not provided.2.Requires additional information. 3.Information requires more clarification.4. Information is incorrect.5.All of the above. Water Fee State Builders License Sewer Fee Workman's Compensation Building Permit Fee Homeowners Improvement Registration Building Permit Application Homeowners Exemption Form Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any Inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled`Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit applica� n f�an�in the permitting process. �__.._.__ i Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Section 7 Dimensional Requirements Table 2 Not having the required area and frontage for both lots A& C Residence 1 District require 2 acres and 175' of frontage ADDENDUM TO APPLICATION FOR VARIANCE Petitioner: Forest Glen Development,Inc. Property: Lot C,Forest Street,North Andover Map/Lot: 105D/71 The Petitioner submits the following information as an Addendum to its Application for Variance. 1. Proposed Use/Construction: The Applicant seeks a variance from the current minimum lot area and lot frontage dimensional requirements in the R-1 Zoning District, in order to allow for the construction of one, single-family home on the Property, to comply with current dimensional limitations for set back distances and height. The maximum "foot-print" of the home proposed by the Applicant is 30' x 60'. The maximum height of the home proposed by the Applicant is 35 feet. 2. Circumstances relating to conditions affecting the Property for which the variance is sought which do not affect generally the zoning district in which the Property is located. The Applicant seeks to make reasonable use of the Property by constructing a single- family home on it, consistent with the other residential lots and existing homes in the neighborhood. Currently the Property is undeveloped. The Property was first shown on a plan of land prepared in 1972. In 1990,the Zoning Board issued a variance allowing for the development of the Property, finding that the Property met the tests necessary for the issuance of a variance. Due to a lawsuit concerning the Property,that variance could not be acted on with one year of its issuance. Nearly all of the surrounding properties have been developed with single-family homes on similarly sized lots 3. Facts which establish that a substantial hardship, financial or otherwise, will result from the literal enforcement of the applicable zoning restrictions. The Property is un-buildable and can not be profitably developed for any use under a literal enforcement of the current zoning restrictions. The Applicant and the Property Owner would be deprived of all value in the Property and suffer substantial financial hardship,without the grant of a Variance or other extraordinary relief from the Board. F:\Ncw-Docs\Forest Glen Dev,Inc\02-308 Forest Street Comp Permit\variance\Addendum Lot C.doc 4. Facts supporting a finding that the relief sought will be desirable without substantial detriment to the public good The single-family development proposed by the Applicant would be entirely consistent with the neighborhood in which the Property is located and would result in no harm to the public or abutters to the Property. Many of the surrounding properties are of similar size and are improved with equivalent homes. In fact, it is expected that all or nearly all of the abutters to the Property will express support for this Application and prefer that the Property be developed for single-family use as proposed in this Application. 5. Facts supporting a finding that the relief sought may be given without nullifying or substantially derogating from the intent and purpose of the zoning bylaw. The purposes stated in the Town's Zoning Bylaw include"the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Andover" and"encouraging the most appropriate use of land", among others. The Applicant's proposal (being a single dwelling unit situated on over an acre of land, nearly identical to the surrounding development)is consistent with the purposes expressed in the bylaw. There is no basis, either under principles of sound planning or public health or safety considerations, that would support the denial of the Applicant's proposal. But for the stated requirements of the bylaw's dimensional table,the proposed development is entirely consistent with the intent of the Bylaw and the neighborhood in which the Property is located. LETTER OF AUTHORIZATION TO FILE AND PROSECUTE APPLICATIONS AND REQUESTS FOR PERMITS AND APPROVALS RE: Lot C Forest Street, North Andover, MA, as shown on Assessors' Map 105D, Lot 71 Now comes the undersigned, on behalf of the Estate of Anna Gilbert, late owner of the above-referenced property, and hereby authorizes Gerard E. Welch and/or Forest Glen Development, Inc. (and their attorneys and engineers)to file, request, and pursue permits and approvals for construction and development on or about said property, including, without limitation, variance applications filed with the North Andover Zoning Board. Lot C,North Andover, MA Lmda Emro for E tate of Anna M. Gilbert Dated: Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing 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 street or 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, 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." Applicant's property,list by map, parcel,name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS V%.N �L P- to - �r ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS P►:�dl-allow rod' R M km 78/ i15 5(ree 90tlald -i�iro �dt �o/eSf Sfi�ef !U S p 37 PAU"9&96P4h u'I/ 8yUkt/79a to 54 � /b r D 1/5- fra,0 el-rn L&k. BD-/rzt,5f red 1()5- 1) *1 Rh / Gverri eo ?go ,bre s t 5 eef !yS'D 45 Selo{4 ae 7& r�rety, 5-r4ee-rt L05 P ya �s a fir 75-Y 16 bg3 AU l Kun-W71 770 /ores4 S-lr-ge-t oSt�P 7a v7`dr -� r�sb 769 re3� ./�- -eel-� to 2 D 175- �o-&114 ie- a r66e, r r e-* vs 1-7 _- �;� `7aI !ores t 5-1 ee jOS b l`13 _ Sect+ A.91 iGre s 4 hof 1Z) na Arrald Buck. 683 6ore-5`7I LSfree loY ►J lb> otie esu THIS INFORMATION INFORMATION WAS OBTA NED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIG Frth E PAGE OF Wfie aheBoard Asseo ndover s ti ti 1 i t Lai L;�—j Lail III GERARD E. WELCH, NC. ER REST GLEN OEV w OP MENT, INC. P.O. 8<J 248 N. ,41r11�7�7Y TEL 918 1434-9191 NOTE 1•} NO WETLAND OR WATERCOURSE EXISTS WITHIN 150 FEET OF THE PROPOSED ABSORPTION TRENCHES. 2) THE EXCAVATION OF ALL TOPSOIL, SUBSOIL, AND OTHER IMPERVIOUS MATERIAL WITHIN 5 FEET OF THE ABSORPTION TRENCHES SHALL EXTENO AT LEAST 6 INCHES INTO THE NATURAL PERVIOUS MATERIAL. N/F \ \ •c+ t Doreen Prisby Timothy WELL ExtSTiNG •\ 1 \7-7 UP. S3/so rym" .'b• \ 6 S SITE R 'Sp` '-____152-.--_- F; arAE T 'a g 118, 318.85' BENCH MARK 30- R.R.SPIKE W WHITE PINE AO `�Y 11 `♦ ` ` ELEV.•147-46 ani m avy \ t I I \ \ o 1 INV.. t i It O ,_4"f6_C.P�FOUNDATION DRAW _ \♦ n� �. 1 \\\ (, 0bo) \ F ' ♦ ,� 1, LOCUS PLAN SCALE 1"=800' w 50 �'�'' •\\ / 1 O15L,B0% L -_ �.. (t51�` ♦ `♦ \\ 1 \ \ LEGEND: AMMigr�i o subsurface Ma has been rettnad to ' \ ♦♦ 1 �\\ � i 116 ORIGINAL opplicont but has not b°°P2°ew ratWnoed t sal Ysconstructt�for the •\ • 1 132 �• l``f (` '\ t O .\ CONTOUR or wpwlee construction of Me system. \ ' yy •t ° i t �� `\ ` \\ ♦ \ I p `♦ ROP TO EXISTING 1� CONTOUR eyes or implied.N°mode to the client w the 1500 GALLON T S `- - 1 WELL t ) CONT guaranteey, or—ant SEPTIC TANK �r ' .1 ``\ PROPOSED z r �♦ W�5 Z p ♦\ (J1 `4e SEPTIC TANK Wtknate near!o any syateen Matalisd pursuant to o N t I ♦ O IO• O 6t,J .S 11 -A EX.=115.2 EXIST GRADE D1°�°' $44. d W w tt ____--- / ` , ofanysits cndlltontdiffeMring(rrmConsultants tn sewmoicute i E W e 1 I _ 1`♦. Ot 3 __ / f F.G.=119.4 FINISH GRADE an ibis Man. A. I /^.. fes_ J►,a... .- - - -- O\ H�;. O } QE��{j�f,,RRTERIA: _- 10 / \ r`.. O , TYPE OF BUILDING: 4 BEDROOM DWELLING v, CG77At I l»/ r /�' 112' \ IszJ t 1 GELTAB PLUMBING FACILITIES.. NONE N4---- 1 T.. 1SEWAGE FLOW ESTIMATE: 440 SEPTIC TANK: 1500 GALLONS GAL PER DAY( IID GPD/BEDROOM). ABSORPTION AREA: 7S6 S.F. �6`• �lJ // / ``\ +I q OSO�� 4ir- NOTE NO GARBAGE DISPOSAL UNIT IS TO K INSTALLED M THE PROPOSED DWELLING '- -' �'152)E!2 r'. \\\ I T ,-•. / As 1 A PERCOLATION TESTS . 144' - f , L , f ,[a / At9 „-.�,;.,,r-T.•'.%-� �1 t HOE NO. TOP DEPTH SATURATION 12•-R'DROP 9'-R'DROP PERC.RATE a..e Dennis I Linda JiRison / I 1 t \ 1� I= [,/sr'•. F t k ATE ELEVATION In. tMn. NN. Alin. MYL n. 4i - 1 m ' 1.4-7-99 147.! 42 15 23 30 10 \ 1 t 1 2.4-7-99 14R.0 42 IS 10 13 5 1 LHOLE OT C trA) ` \,; ,, �I 12'PLUG NO..DATE DEPTH SOIL O.DEEP OBSERVATIONLoc COLOR SOIL45,1.70 S.P t 1 A ELEV. M. HORIZON A MUNSELLMOTTUNG OTHER 1 - \ 1 -♦W'- f 0-4 A SANDY LRAM IO YR 5/4 ♦ _ •.♦ / t -7-99 4-r? BW SANDY LOAM 7.5 YR 4/6 147.2 r1-24 BC SANDY LOAM IOYR 5/6 MASSIVE,FRIABLE So' r \5O`' ,1 I 20%GRAVEL 304.09' sE-' 1 24.75 C COBBLY SANDY 2.SY 4/3 34" MASSIVE,FRIABLE ttD` PROPOSED HYDRANT LOAM YLomm EXTREMELY ♦ AND GATE II MAT BENCH MARK A42/3•� 2.5Y 5/6 GRAVELLY,COBBLY Sti i \t\ NAIL IN BASE OF 24 PINEnr ru - .� To 6A Z O ELEV.=1S2.00 SEo r'N,t' E W ELLi6 S.f'L nu. °m" evwaw: xAeto w l -M .a Cwt i- man 34" F 2 0-4 A SANDY LOAM 10 YR S/4 4 1 -7-99 4-16 BW SANDY LOAM 7S Y94/6 NSF I 1 '=U.I 147.9 16-24 BC SANDY LOAM IOYR4/6 Ronald t Linda Emro 3 4 24-54 C CABBLY SANDY 25 Y 4/3 3C MASSIVE,FRUBLE LOAM NRAN COARSE EXTREMELY 2I 1 0 I 10 YR 5/5 GRAVELLY,COb5LY W TF'$O sO. NOTE oI g W MN CAA rBUV.• BASAL TIU.ODM 10 tleMtic STAIBNa-IM- NOW MMM FAC:- mar:3C FyC,$s THE HOUSE ON THIS LOT o I TESTS CONWC7E0 BW DAVID JORDAN y�Fa TCE CON TO TOWN W TESTS OBSERVED BY: CARLTON BROWN PLAN SHOWING PROPOSED SUBSURFACE SEWAGE DISPOSAL SYSTEM I I SCALE: 1"-20' DATE: PAZ'APRIL 1999 R XWEll6 OWNER: ANNA M.GILBERT (TD BE ABANDDNEol I I Z80 MAIN STREET, SALEM,N.H. I LOCATION: LOT C, FOREST STREET NORTHANDOVER,ANDOVER,MA TOWN MAP NO. 105 D TOWN LOT NO.71 �I I S�iW W 13 APPLICANT: w1LUAM 1 I GERARD E.WELCH,INC. Ant ver MACLEOD jj II 1561 MAIN STREET Cstl�tont$ �o NO.742 READING, MA 01567 Ci• 1 East River Place William S. MacLeod LOT rsA- Methuen, Moss. 01844 Registered Sonitorian 30-A'Z4 SHEET 1 OF Z �'�"I ANDOVER PLANNING BOARD 3 5 tl-t,Pt'6�f�qL SITE LOCATION pp DATE OF APPLICATION: EOUSIRIAN RIVE DATE OF HEARING: rn. SOTREET ag DATE OF APPROVAL: N/F LOCUS PLAN SCALE: i"=800' Dennis & Linda Jillson DATE OF ENDORSEMENT: 757 Forest Street North Andover, MA 01845 (87,200 S.F. LOT PER I.PIPE(fnd.) .D.E.R.D. PLAN #11810) I.PIPE(fnd.) LPIPE(fnd.) Np6'171F3�-�'— 31, 149.98' 749. NOS; I.PIPE(fnd.) E LPIPE(fntl.) I.PIPE(fnd.) tSa,28 _ 150.29' N025Y36'W 1� o 1 1 145.29 h PARC L"X 1 s.00' D.H.(set) T � W 472 S.F. TO BE CONVEYED FROM 3 RONALD F. & LINDA M. EMRO G_I i fr N 1` TO LINDA M. EMRO, TRUSTEE z N r+ OF PINE HOLLOW TRUST _�) $1 o LQT C N/F 1Y m z ; Timothy & Doreen Marie PrIsb Llea Wysocki vag I ' 45,243 S.F. Y Y 661•:F6rest street, ... VI 769 Forest Street North Andover, MA 01845 LOT r Land of Anna M. Gilbert North Andover, MA 01845 49,869 S.F. LOT PER N� zl 2 45,700 S.F. LOT PER John Dumulac 43,583 S.F. m __ (N.D.E.R.D. PLAN #11129) z FORMERLY SHOWN AS #780 9) . 805 Forest Street (INCLUDING PARCEL D.E.R.D.E.R.D: PLAN North Andover, MA 01845 Land of Linda M. Emro a4 LOT C ON PLAN NOTAINING . 7807 S (43,727 S.F.) Trustee of Pine Hollow Trust k - ALOT 9-1 CCORDING TO THAT PLAN 45,226 S.F. +o.T FORMERLr sHowN As (EXCLUDING PARCEL-X-) n LOT A ON PLAN N0. 6757. Land ofRonald F. & Linda M. Emro D.H.(set EpSTING N CCRiTA1NINC 44,250 S.F. o DWELLING ACCORDING TO.THAT PLAN (1118o5) $Ir VACANT LAND nfi VACANT LAND 8 30.6` TpT4t cn' EXISTING 'WELLING t " '."..vrA ,,. z .28.0. (x781) - t'At6' D.H.(fnd.) D.H.(set) ,Ic 21. D.H.(set) 'n n D.H.(set) i 21. 151""S, jp<N- �tA s 6466 D:H.(set). I� TOTAL FRONTAGE 151.40' - W m� D.H. 14 _ .µ.l8' - .Lr 87701• D.H.(set) p er t•�� I.PIPE(fnd.) (set) Spgy_g5t"E `37,� w - ey S0T42�W f APP 1 0 9 -I SEPRICX D.H. D.H.(tnd.) St9'? .�' D.H.(ind,) 14'7ya9'E 502'�0'48'E D.H. D.H.(set) �4 '+�"W �LOCADON} O H(set (set) _ �o�ggrt� (set) LPIPE ) +y3.12 W (fhd.) D.H, set t1�ZyA TT 3.J .....1�. SO4y8'47"W l 503RT22'E SOO7E39"21V�'S08'.t'+tt ( ) D.H.(set i 0.H.(set) tgD®.(set) 3. t..o (Ind.) so4'- {+11 W rt �,.. _ S (Ptreuc W107tt VARIES) PLAN of LAND FOR REGISTRY USE ONLY NORTH ANDOVER ZONING in BARD OF APPEALS NORTH ANDOVER. MASS. OWNERS: WILLIAM J, do DEANA J. HAMEL, LINDA M. EMRO TRUSTEE, RONALD F. &LINDA M. EMRO AND APPLICATION ANNA M. GILBERT DATE OF DATE: SEPT. 30, 1999, REV.: JUNE 9, 2003 f HEREBY CERTIFY THAT THiS SCALE: 1"-40' Nary PLAN CONFORMS TO THE RULES AND ATE OF HEARING a°�4�µ � REGULATIONS OF THE REGISTERS OF o wnuue DEEDS OF MASSACHUSETTS. NOTE: 1\1 VEI' M"cr. 3 1.) ZONING DISTRICT: R-1 A OFAPPROVAL 8U�tont8 \ "?";" iG GY REG. PROF. LAND SURVEYOR 2.) SEE N.D.E.R.D. PLAN NO. 6757 AND 7809. lace CPJ v 1 East River Place- William S. acLeod CHAIRMAN Methuen, Moss, 01844 Reg. Prof. Land Surveyor 0 40 80 120 160 Ft. \99-04\PLAND.dwg TOM Of North Andover Building DepartmentTt{ Project: 27 CHARLES ST H Ort tLPD o m Lots.A& C Forest St. 978-688-9545 New Home C011strUction Documents APPLICANT: Gerard Welch, �'wss"""C US_k 9361 Main it., Reading, MA 01867 RE: Building Kermit applications for lots A& C Forest St. North A! dover DATE: August 13, 1999 - Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations reg— Violation of Setback Front Side—Rear x '"Insgn ufficient of Area wrements Insufficient ParkingViolation of Buildin Coverage Insufficient O en S ace Use requires permits prior to Buildin Permit Sian requires permits prior to Building Permit Form U not complete by other departments Not in conformance with Growth B -Law x Other insufficient frontage Rer'nedy for the above is checked below. X Dimensional Variance Special PermitforWatershed Review S ecial Permit for Site Plan Review Complete Form U sign-offs S ectal Permit for sign Information indicatingNon-conformstatus x Co of Recorded Variance Other Co of Recorded Special Permit Plan RevieW The plans and documentation submitted have the following inadequacies : 1.Information Is not provided,2.Requires additional information, 3. Information requires more clarification,4. Information is incorrect. 5.All of the above. Foundation Plan # Subsurface investi ation Plumbing Plans Construction Plans _ Certified Plot Plan with proposed structure Mechanical Plans and or details 116 Affidavit Plans Stam ed b proper discipline Electrical Plans and or details Fire Sprinkler and Alarm Plan Framing Plan Footing Plan Roofing Utilities Plans to scale Water Supply Site Plan Waste Disposal Sewage Disposal ADA and or ARBA reEuiremEentsEE17 other Administration The documentation submitted has the following inadequacies 1.Information is not provided.2.Requires additional information. 3.Information requires more clarification.4. Information is incorrect.5.Al.of the above. Water Feb # Sewer Fee State Builders License Building Permit Fee Workman's Compensation __—Buildin,q Permit Application Homeowners improvement Registration Homeowners Exemption Form Other Other The above review and attached explanation ois based on hted. No or advice shall be based on verbal explanations byt!e appl'icanttnorplans shall succhandnformation verbal explanatsubions by the applicrant eserve tod provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading.information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to ti Building Department. e void the The " ed P attached at the hed docu discretion of document titled Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit applicat' n fon and begin the permitting process. _� � cmc—...•�.-.-- Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building Permit for the property indicated on the reverse side: t.,..:3{H�I'•.,t=?rSF'.%.�.^,.. f`r2� .�, r v T {i T �x4. -. .,_SCCt1Q11� a_�e,�`a< _..,s.' . ..i ,rr ,c f<, ..•Y 3� _. Dimensional RequZrements Table 2 Not having the required area and frontage for both lots A& C Residence 1 District require 2 acres and 175' of frontage r ADDENDUM TO APPLICATION FOR SPECIAL PERMIT Petitioner: Forest Glen Development,Inc. Property: Lot C,Forest Street,North Andover Map/Lot: 105D/71 The Petitioner submits the following information as an Addendum to its 1 41 Application for Variance. 1. Proposed Use/Construction: The Applicant seeks a variance from the current minimum lot area and lot frontage dimensional requirements in the R-1 Zoning District, in order to allow for the construction of one, single-familyhome on the Property, to comply with current dimensional limitations for set back distances and height. The maximum "foot-print" of the home proposed by the Applicant is 32' x 68'. The maximum height of the home proposed by the Applicant is 35 feet. 2. The specific site is an appropriate location for the Applicant's proposal. The single family construction proposed by the Applicant is entirely consistent with the existin&,,development in the area, is of the same size,nature and type, and is supported bymajority of the abutters to the proposed location. 3. No nuisance or serious hazard to vehicles or pedestrians will be created by the proposal. The Applicant's proposal is limited in size, scale and scope so as to be consistent with existing residential development in the area and will not pose any nuisance or hazard. The proposed location is situated on a public way and will adequately served the proposal single family residence. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. As indicated on the plans submitted in connection with the Applicant's proposal, adequate, appropriate and typical facilities for single family residential use will be provided, including adequate parking and driveway access. In addition, appropriate septic facilities will be provided to the satisfaction of the Town's Board of Health. CAwindows\TEMP\addendum lot c-special pernut.doc 5. Uses and harmony for the purpose and intent of the Zoning Bylaw. The purposes''stated in the Town-'s Zoning Bylaw include."the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Andover"and"encouraging the most appropriate use of land", among others. The Applicant's proposal(being a single dwelling unit situated on over an acre of land,nearly identical to the surrounding development)is consistent with the purposes expressed in the bylaw. There is no basis, either under principles of sound planning or public health or safety considerations, that would support the denial of the Applicant's proposal. But for the stated requirements of the bylaw's dimensional table, the proposed development is entirely consistent with the intent of the Bylaw-,and the neighborhood in which the Property is located. 6. Criteria forton-conforming single family residential structure special permit. Although proposed as new construction,the relief sought by the Applicant is most equivalent to that provided at Section 9.3 of the Town's Zoning Bylaw. Under that Section, the following should be noted: A. The Applicant's proposal will comply with all current yard setbacks, building coverage, and building height requirements for the zoning district in which it is located. B. The Applicant's proposal will not be substantially more . detrimental to the neighborhood than the property as it currently exists. The single-family development proposed by the Applicant would be entirely consistent with the neighborhood in which the Property is located and would result in no harm to the public or abutters to the Property. Many of the surrounding properties are of similar size and are improved with equivalent homes. In fact, it is expected that all or nearly all of the abutters to the Property will express support for this Application and prefer that the Property be developed for single-family use as proposed in this Application. C. Single family use, as proposed by the Applicant, is a use allowed as of right in the zoning district in which the property is located. Town of North Andover Zonin Board of A eals Parties of Interest/Abutters Lison Ly REQUIREMENT,: kT MGL 40A, Section 11 i , chapter shall mean the petitioner, abtitti ;r' anat+ x' st as used in this private street or way, and abutters to abuttersf, n ectly opposite on any public or with n three hundred (300) 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 the planning board of every abutting city or town." Applicant's property,list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL .NAME U ADD i SS ABUTTERS PROPERTIES ) 'o iey— , n1+ MAP PARCEL NAME ADDRESS Z 3lLi S7' . Al n LIIV, S' a1 % L t• �"7 f�d�1, F ,• -d' r D d ,,Al' N :7-- S — 31 M4 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE .AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIG ATURE PAGE OF b/� Cax tifi r Board of sses�):; . h Andover 1 4y x --- __ LJ LJ t GMARD E. WELC44, INC, LOT-C FOREST ST. FOREST LEN DEVEL 7�'E1""�fi NT, INC. 54c 2 N. ,�F�t1 TEL.. elS 7 -4151 NORTH ANDOVER PlANNiNG BOARD S� 2 0 N � O��Q1G`9 oyh v� S�EfT � E7r —_�- Q- �PN� "oy SITE H SCO r7 ' v LOCATION o QgCLE EOUSTRIAN DATE OF APPLICATION: DRIVE n I�9Cf �r FOREST F� DATE OF HEARING: f- t- STREET DATE OF APPROVAL: N/F & LOCUS PLAN SCALE: 1"=800' Dennis Linda Jillson757 Forest Street DATE OF ENDORSEMENT: North Andover, MA 01845 I.PIPE(fnd.) C87,200 S.F. LOT PER 1 N.D.E.R.D. PLAN #118101 I.PIPE(fnd.) VI - 1 149.98• N08'17'18"W I tog. '54 y0 5 51 NO842t, I.PIPE(fnd.) I.PIPE(fnd.) 2 rrN E 150.29' NO2'5736"W - I'ma do ! 1- 145.29' - PARCEL"X 472 S.F. W TO BE CONVEYED FROM m rG 3 RONALD F. & LINDA M. EMRO .. r1 TO LINDA M. EMRO, TRUSTEE ''a z N/F �� !P OF PINE HOLLOW TRUST ,"t o LOTC F J N/ Lisa Wysocki m f z ; Timothy & Doreen Marie Prisby 851 forest Street N m ;� i 45,243 S.F. Nor Forest Street North Andover, MA 01845 N F LOT A-T Ya, Land of Anno M. Gilbert North Andover, MA 01845 49,869 S.F. LOT PER \ John Dumuloc 43,583 S.F. 11 O ('45,700 S.F. LOT PER 1 N.D.E.R.D. PLAN #111291 SHED z .b:E.R.D. PLAN 78091 N 805 Forest Street (INCLUDING PARCEL"X") �o �, MCORDING RMERLY SHOWN AS # m North Andover, MA 01845 Land of Linda M. Emro a T C ON PLAN NO. 7807 (43,727 S.F-) Trustee of Pine Hollow Trust �• LOT B_1 NING T5,100 SF. HAT PLAN m 45,226 S.F. 10.7 FORMERLY SHOWN AS (EXCLUDING PARCEL-X-) LOT A ON PLAN NO. 6757 Land of Ronald F. & Linda M. Emro 1n D.H.(set, UWE111NG r CONTAINING 44,250 S.F. r (11805) ACCORDING TO THAT PLAN n a VACANT LAND 0 VACANT LAND � 30.6• >07gL A,R q EXISTING DWELLING D.H.(set) 3 509 avr 4781) 15 D.H.(fnd.) 21,2 D.H.(set) SO0'2-7 $ ) 26.0' tg0• i1 nI D.H.(set} 10"E "---r— 5}•06' v ZAGE> D.H.(set) 72.21 tj - R 6 a O.H. t.8• _} =./SOgy-, D.H.(set) p TOTAL FRONTAGE 151.40' jOS pL,E 1, .3 W (set) 4.1 701'W _ S07•" W - -� Nt63� LPIPE(fnd.) t N - 1 509'1 O'S1"E X37.>6'- 69J, '_r'i' ApPPRRCk.f 522E ' D.H:(fnd.) g'g49"E 502'5,^0'48"E D.H.(set) 5140 8 `, ,LOCAttON) D.H. set) D'H D.H.(fnd:) g19' 143-- D.H. X44"µ.. ( (set) _ $g.00 12.79' 1-� Ogg`.- (set) LPIPE D.H.(set)-'� i SOt'3272 D.H.(set) 50553 f2"W (fnd.) - 72.12' 2858- so317722"E '28.02 -31.37- � _�-D.H.(set) 1234E St1 J=9?• 50428'47"W i S00 5'39"W,",-a 16"E g22i 35 W... O.H.(set) D.H. 1gD.H.(set} ORE, (fnd.) SO4` } "S .W � . �0 A \T S (PUBLIC- 'MOTH PARIES) PLAN of LAND FOR REGISTRY USE ONLY YL TH ANDOVER ZONING in — — BOARD OE APPEALS NORTH ANDOVER, MASS. OWNERS: WILLIAM J. & DEANA J. HAMEL, LINDA M. EMRO TRUSTEE, RONALD F. & LINDA M. EMRO AND DATE OF APPLICATION ANNA M. GILBERT I HEREBY CERTIFY THAT THIS DATE: SEPT. 30, 1999, REV.: JUNE 9, 2003 PLAN CONFORMS TO THE RULES AND SCALE: 1"=40 REGULATIONS OF THE REGISTERS OF DATE OF HEARING ?? "LLIAM DEEDS OF MASSACHUSETTS. NOTE: ondover 4 —LS. Epo 1.) ZONING DISTRICT: R-1 c nsultants DATE OF APPROVAL 1 0 REG. PROF. LAND SURVEYOR 2.) SEE N.D.E.R.D. PLAN NO. 6757 AND 7809. Inc. /� av 1 East River Place William S. ocLeod CHAIRMAN Methuen, Mass. 01844 Reg. Prof. Land Surveyor \99-04\PLAND.dwg 0 40 80 120 160 Ft. PAGE 4 OF 4 Application for aSPECIAL PERMIT aga ,rm a z a W r N v �N. 21 >.,. ..,; .....- 9. WRITTEN DOCUMENTATION O Application o n far a Special' a ! P Permit Must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case of a Special Permit when the following points, based on A. Site Orientation shall include: MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 1• North point and P 9.2 Special Permit Granting Authority shall be clearly 2. Zoning district (s) identified and factually supported: Addressing each of the 3. names of streets below points individually is required with this 4• wetlands to be shown on plan(if applicable) application. 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 1, The particular use proposed for the land or structure. 50'frpm applicants proposed structure 2. The specific site is an appropriate location for such 7. deed-=iresfrictions, easements use, structure or condition. B. Legend & Graphic Aids: 3. There will be no nuisance or serious hazard to 1- Proposed features in solid lines& outlined in red vehicles or pedestrians. . 2. Existing features to be removed in dashed lines 4. Adequate and appropriate facilities wit► be provided for 3. Graphic Scales the proper operation of the proposed use. 4. Date of Plan 5. The use is in harmony with the purpose and intent of 5. Title of Plan the zoning by--law. 6. Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer or suiveyor. required by the particular special permit for which this application is made (i.e. Earth Removal Special Permit respond to criteria and submittal 101). FTHEIR REQUIREMENTS: requirements). IUtajor Pro s shall require that in addition to the above features, fns must show detailed utilities, soils, and 10. Plan of Land topographiffnformation. A set of building elevation and Each application to the Zoning Board of Appeals shall be interior of building plans will be required when the accompanied by the following described plan_ Plans must application involves new construction/conversion and/or a be submitted with this application to the Town Clerk's proposed change in use. Elevation plans for minor Office and ZBA secretary at least thirty (30) days prior to projects including decks, sheds,&garages shall be the public hearing before the Zoning Board of Appeals. included with a side view depicted on the plot plan, which include a ground level elevation 10 A. Major Projects Major projects are those which involve one of the following 11. APPLICATION FILING FEES whether existing or proposed:a)five or more parking A. Notifcatton Fees:Applicant is to send by certified spaces, b)three or more dwelling units, and mail a egal notices to all abutters, and then c) 2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is Minor projects that are less than the above limits shall to supply stamps (appropriate current postage)for -equire only the plan information as indicated with mailing of decisions to all parties of interest as isterisks *) In some cases further information may be identified in MGLA ch.40A in ser._ 11 as listed on the equired- application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed 0 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C_ Administrative fee of$50.00 per application. Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block for five (5)ZBA + A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2) years if not exercised and a new petition must be submitted. AC-7 TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE and REQUIREMENTS STEP 6:SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest(abutters) and for publication in the newspaper. The petitioner is be submitted thirty (30) days not tater than noon notified that the legal notice has been-prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7:DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more speck The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town. -STEP 1:ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING petitioner a BOARD OF APPEALS: pe applies for a Building Permit and receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attomey. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be After the hearing,STEP 9: DECISION: a a completed. copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch'40A see. 17'within twenty(20)days a cited in item 10 page 4 of this form. fter filed' Town Cork. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) 0 Pte' original of all the required The petitioner is responsible for recording certification of information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk the decision and any.:aox:ompenying_plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shalt complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of j Appeals and the Building Department Office. STEP 5: UST OF PARTIES IN INTEREST: Once the petitioner submits all of the required � information,the petitioner requests from the Assessors- Office a certified dist of Parties in Interest(abutters). L", f c� ;gym-, m - t —0 �}tT'1 CC'1r l UY C A < ,. .,_ a IMPORTANT PHONEYNUMBERS: L ~M 978-688-9501 Town Cleric's Office 978-688-9545 Building Department JUN 19 2 0 978-688-9541 Zoning Board of Appeals Office BOARD OF APPEALS PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT ..-««F..� �s. ..,. _- ., _- ,.*ten .. s«=z -. _ -�.`-.�-'�ae: s.���+�._�^nz�r;:. .�a��., .... �?`-...�•cF'�'�f� r „a. :, North ANDOVER ZONING BOARD OF APPEALS .- - - �-. = 1. Petitioner: Name, address and telephone number: Forest Glen Development, Inc. 130 Middlesex St. . North Andover, MA 01845 (978) 794-9191 "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Estate of Anna M. Gilbert, c/o Law Office of Debra R. Silberstein 68 Main St., Andover, MA 01810 (978) 474-4700 Years (awned Land: 49 Years 10 Mos. (8/13/1953) 3. Location of Property: a. Street. Lot C Forest St. Zoning DlstriCt R-1 b. AsSessors: Map number 105D Lot Number: 71 c. Registry of Deeds: Book;Number 779 Page Number 3 L By-Law Sections unKlec which the petition for the Special Permit is made. Section 9 of the North Andover Zoning By-laws a Refer to the Permit Denial and Zoning By4-aw Plan.Review as supplied by the Building Commissiona. i i Des=E 3i the Speciat Permit Applicant requests a special permit under Section 9 of the North Andover Zoning By-law to 1 allow for the construction of a single family dwelling in an existing, non-conforming lot, which does not comply with current frontage or area requirements a i he above description shall be used for the purpose of the legal notice and decision. A more detailed description is quired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 45,170 N/A N/A °l0 150 N/A N/A N/A N/A N/A b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" i Sq. Ft. Sq_ Ft. Coverage Feet Spaces Front Side A Side B Rear 45,170 N/A N/A % 150 2 min.) 54 49 35 100+ i c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft_ Coverage Feet Spaces Front Side A Side B Rear 87,120 N/A N/A % 175 2 30 30 30 30 1 7. a. Existing Buildings.- Ground uildings:Ground Floor Number of Total Use of (Number Square feet Fkxxs Sq.feet Building` of Units F N/A N/A N/A N/A 1 "Reference Use Code numbers and Uses from the Zoning By-law. State number of units in building i B. Proposed Buildings: f 1 Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building" of Units r 2,040 (max.) 2-1/2 4,080 (max.) Residential l ! N/A — NIA.� N/A —_NSA N/A i 'Reference Use Code numbers and Uses from the Zoning Ordinance.State number of units in building. 8. Petitioner and Landowner signaivre-(sk Every application for a Special t'errrtit shall bemade on this farm which is the offrcial form of the Zoning Board of Appeals. Every application shalt 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 shallbe 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 ay result in a dismissal by the Zoning Board of this application as incomplete. Signature Type above name (S) here President, Forest Glen Development, Inc. 4 i s PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shalt include: of a Special Permit when the following points, based on 1. North point MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 2. zoning district (s) and P 9.2 Special Permit Granting Authority shalt be clearly 3 names of streets identified and factually supported: Addressing each of the 4 wetlands to be shown onpl an if applicable) below points individually is required with this 5. abutters of property, within 300 foot radius application. 6. location of but on adjacent buildings 1 properties within 1. The particular use proposed for the Land or structure. 50'from applicants proposed structure7 deed restrictions, easements Z. The specific site is an appropriate location for such g Lend &Graphic Aids: use, structure or condition. 1. Proposed features in solid tines&outlined in red vehicles or pedestrians.3. There will benuisance or serious hazard to 2. Existing features to be removed in dashed lines 4. Adequate and appropriate facilities will be provided for 3. Graphic Scales the proper operation of the proposed use. 4. Date of Plan S. The use is in harmonywith the 5. Title of Plan purpose and intent of the zoning by-taw. g Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer or required by the particular special permit for which this surveyor. application is made (i.e. Earth Removal Special 10 D. FURTHER RECKNREMENTS: Permit respond to criteria and submittal Major Projects shall require that in addition to the above requirements). features, plans must slow detailed utilities, soils,and 10. Plan of Land topographic information. A set of building elevation and Each application to the Zoning Board of Appeals shalt be interior of building pians wig be required when the accompanied by the following described plan_ Plans must application involves new construction/conversion and/or a i be submitted with this application to the Town Clerk's proposed change m use- mon pians far minor projects including Office and ZBA secretary at least thirty(30)days prior to docks,sheds,8 garages shall be the public hearing before the Zoning Board of Appeals. included with a side view depicted on the plot pian, which include a ground level elevation 10 A. Major Projects 11. APPLICATION HUNG FEES Major projects are those which involve one of the following A. Notification Fees. to send whether existing or proposed:a)five or more parking M by certified spaces, b)three or more dwelling units,and naN all legai notices to all abutters,and then c) 2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is Minor projects that are less than the above limits shall to supply stamps(appropriate current postage)for require only the plan information as indicated with mailing of decisions to all parties of interest as identified in MGLA ch. 40A in sec. 11 as listed on the asterisks(*) in some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one(1)set of addressed 10 B. Plan Specifications. labels of abutters to ZBA Secretary who wig mag :t) Size of plan: Ten (10)copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1'=40` C. Administrative fee of x50.00 per application. �} Plan prepared by a Registered Professional Engineer and or Land surveyor,with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2)years if not exercised and a new petition must be submitted. . . Llr, 1b UJ 11 : 34a NORTH ANDOVER 978GS89542 �, 1 TOWN OF NORTH ANDOVER ZONING AR F APPEALS �V • ^e^Lµ`,Sts. i Procedure & Requirements F®r an Application for a Finding Ten (1.0) copies of the following rriformation must STEP 6: SCHEDULING OF HEARING AND be submitted thirty �) days prior to the first pubftC PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office.ofthe Zoning Board of Appeals schedules within the time periods prescribed may resultin a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is incomplete, notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of-the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: 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 receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner, STEL'6: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: FINDING 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. lir the absence of Board of Appeals for a FINDING.All information as any appearance without due cause on behalf of the required in items 1 Through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. 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 item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,whin twenty (20)days Petitioner submits one (1) original'of all the required 'th--decision is filed with the Town Clerk. ; information and 10 xerox copies to the ZBA Sedretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5:, LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). C- --, IMPORTANT PHONE NUMBERS: 771, 978-688-9541 Zoning Board of Appeals Office > a 7 978-688-9501 Town Clerk's Office �xx 978-688-9545 Building Department = .c a U IS �! R 2003 U • BOARD OF APPEALS - .atar: 11U UJ 11 . 344 NORTH i?i`CDOVER 9786888b-42 p. 2 .age 2 of 4 Date &Time Stamp Application for a NORTH ANDOVER BOARD OF APPEAL Petitioner: Name, address and telephone number: Forest Glen Develo ment Inc. 130 Middlesex St. , North Andover, MA 01845 (978) 794-9191 rhe petitioner shall be entered on the legal notice and the decision as entered above• to owners of Land: Name, Address and Telephone; number and number of years under this ownership: Estate of Anna Gilbert, c/o Law Office of Debra R. Silberstein A e 1 74-4700 `(ears Owned Land: 49 Years 10 mos. 8/13/1953 3. Location of Property: R-1 a. Street: Lot c Forest St. zoning District b. Assessors: Map number 105D Lot Number: 71 303 c. Registry of Deeds: Book Number 779 Page Number: -- 4. Zoning Sections u;i er which the petition for the Finding is made. Section 9 of the North Andover Zoning By—laws. 'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by tete Building commissioner . Describe the Finding request: That the ro ert is not ub'ec ' or frontage and that it is in compliance with applicable requirements for area and frontage �or, alternatively, that a variance previously issued by the Board for single family development remains in full force and effe t `The above description shali be used for the purpose r of ththe is notice antlF lure by the pplicant ailed describeheirequest may result in Zoning Board Rules and Regulations as cited on page a decision that does not address the intent of the applicant. The decision will be Ilmtted to the request by the appitcant and will not Involve additional Items not included above. 6a, Difference from Zoning BY-LAW requiirement5: indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Minimum Lot set Back" Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. coverage Feet Spaces Front Side A Side 8ear Nr A. 87 120 N A N A % _[1Z5a -._NIA --ISL A eUr w� u.3 a .t .LI, S"It 6HF39542 P. age ®f 4 Application for a J NORTH AND6VER TONING BOARD OF APPEALS 6. b, Existing Lot: Lot.Area Open Space Percent Lot FrontageParking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 45,170 N/A N/A % 150 N/A N/A N/A N/A N/A C. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/AA_e .n.) 54 49 35 100+ d, Required Lot: (As required by Zoning By-'Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 87,120 N/A N/A % 175 2 30 30 30 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" . °Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 2,040 (max.) 2-1/2 4,080 (max.) Residential N/A N/A N/A N/A 'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Finding snail 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 co ply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may res in a dismissal by the Zoning Board of this appii ion as incomplete. Signature �r_'-�� ;=.�' i-��!,�-�- Inc. Type abo e name(s) here Jacques Marchand, President of Forest Glen Development, TOM Of North ndovbr" Building Department 4 �oR,N 27 CHARLES ®, 4. a� Lots,A& C Forrest St 978-688-9545 ` t � New Home Construction Documents APPLICANT: Gerard Welch, ��`°4,,•° «'4�y� 1361 Main St., Reading, MA 01867 4gSACHjjS�T RE: Building Permit ap lieatibns for lots A Ifr C Forest St. North Andover DATE: August 13, 1999 Title of Plans and Documents. Please be advised that after review of your Building Permit Application and Plans that your Application_ is DENIED for the following reasons: Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Sign exceeds requirements Violation of Setback Front Side Rear x Insufficient Lot Area Insufficient Parking Violation of Building Coverage Insufficient O en Space Use requires permits prior to Building Permit Sian requires permits prior to Building Permit Form U not complete b other departments_ Not in conformanc®with Growth By-Law x Other insufficient frontage Remedy for the above t�4' Cow. x —Dimensional ❑nal Variance Special Special Permit for Watershed Review Permit for Site Plan Review Special Permit for sign Com lete Form U si n-offs x. Co of Recorded Variance Information indicating Non status Co of Recorded S ecial Permit Other Other Pian ReVIeW The plans and documentation submitted have the following inadequacies : 1.Information Is not provided,2.Requires additional information, 3. Information requires more clarification,4. Information is incorrect. 5.All of the above. Foundation Plan # Subsurface investi ation Plumbin Plans h Construction Plans Certified Plot Plan with proposed structure �Mechanical Pian116 Affidavit s and or details Plans Stamped by proper discipline— Electrical Plans and or details FramingPlan Fire S rinkier and Alarm Plan Roofing 00 Ing Plan Plans to scale Utilities Sita Plan Water Su l Sewa a Disposal Waste Disposal Other ADA and or ARBA re uirements — Administration The documentation sub 'I 1.Information is not provided 2 k' !ming JgU8C10S ormation:' 3. Information re uires more clarification.4. Information is incorrect.5.All of the above. Water Fee State Builders License Sewer Fee Workman's BuildingKermit Fee s Compensation Homeowners Improvement Registration Building Permit A lication Homeowners Exemption Form Other Other The above review and attached explanation of such is based on the plans and information submitted. or advice shall be based on No definitive verbal explanations ica review an p nations by the applicant nor shall such verbal explanations by the applicant serve tod provide definitive answers to the above reasons for DENIAL.. Any Inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion ofthe Building Department.The attached document titled"Plan Review Narrative shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file at new building permit applicaf n fora and begin the permitting process. Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: �i—y�� � lrati•6�J'tapf� �, k inp s +r}Ylam'{ i�S(,�ai�+�Sa, e t 'e -r�.; . _,a SCCllot1 / - Dimensional Requirements Table 2 Not having the required area and frontage for both lots A& C Residence 1 District require 2 acres and 175' of frontage -------------- s. y, ;?4 e �' `�''&r�.'t ,{r"a +sk; ADDENDUM TO APPLICATION FOR FINDING Petitioner: Forest Glen Development,Inc. Property: Lot A& C, Forest Street, North Andover A. The particular used proposed for the land or structure. The Applicant seeks a variance from the current minimum lot area and lot frontage dimensional requirements in the R-1 Zoning District, in order to allow for the construction of one, single-family home on the Property, to comply with current dimensional limitations for set back distances and height. The maximum "foot-print"of the home proposed by the Applicant is 32' x b$'. The maximum height of the home proposed by the Applicant is 35 feet. B. Facts relied upon to support a finding that the Applicant's proposal shall not be more substantially detrimental than the existing non-conforming property. The purposes stated in the Town's Zoning Bylaw include"the promotion of the health, safety, convenience,morals and welfare of the inhabitants of the Town of North Andover" and"encouraging the most appropriate use of land", among ' others. The Applicant'sfproposal (being a single dwelling unit situated on over an acre of land,nearly identical to the surrounding development) is consistent with the purposes expressed in the bylaw. There is no basis either under principles of sound planning or public health or safety consideratio4kthat would support the denial of the Applicant's proposal. But for the stated requirements of the bylaw's dimensional table, the proposed development is entirely consistent with the intent of the Bylaw and the neighborhood in which the Property is located. C. Building Commissioner's denial. The Building Department denied a building permit application for this property based on a determination that the property did not have"the required area and frontage for both Lots A & C Residents 1 District required 2 acres and 175 feet of frontage". The Applicant acknowledges that the lot at issue in this application does not meet current frontage and area requirements as presently stated in the dimensional table to the current Zoning Bylaw. The Applicant requests that the Board make a finding that the lot need not comply with current dimensional requirements either,because it is a pre-existing non-conforming lot subject to lesser dimensional requirements of 150 feet of frontage and 1 acre of area or, a finding that a building permit should issue based on a variance previously issues by the Board for single family development on the lot. Town of North Andover Zoning Board of Appeals Parties of Interest/Abutters Listin 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 street or way, and abutters to abutters within three hundred (300) feet of the property line of the petiti&" tiey a` ppear 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." Applicant's property,list by reap, parcel, name and address (please print clearly and use black ink.) MAP PARCEL ADI>� ss . J LArW--da; baa pleb , ABUTTERS PROPERTIES PP0 tey— , n7+ MAP PARCEL NAME ADDRESS ,J/t LSOAJ -b ,sms 's fit✓ Jd �2s7- �- © c L � OW _7 wgelI C-0 rr LES 0 TMS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND 71 L4�1�r - CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIG ATURE PAGE OF. Certifi Board of s e zl- -it it h Andover l I X \�, Lai f too LCAT-C FOREST ST, drERARD E. WELC14, , BEST dsLEN DEVELOPEMENT, INC. P,O, SOX 248 N, ANOOVER TEL.. 9is lcj� lel ORTH ANDOVER PLANNING BOARD Ste' Z r N 1 �QvG �Ogh0v4. STREET Z SITE y SCOTT ' y LOCATION DATE OF APPLICATION: EQUSTRIAN DRIVE p n �yC� !"W W soTrsREET Y� DATE OF HEARING: 4 DATE OF APPROVAL: N/F- LOCUS /FLOCUS PLAN SCALE: 1"=800 Dennis & Linda Jillson757 Forest Street DATE OF ENDORSEMENT: North Andover, MA 01845 87,E.200 S.F. LOT PER 1 - I.PIPE(fnd.) N.D. R.D. PLAN #11810/ _ I.PIPE(fnd.) 1 I.PIPE(fnd.) _ N22i801.W 149.98' N08'1T18"W -i 149, o I 51 N085421 E. I.PIPE(fnd.) I.PIPE(fnd.) v, a 150.29' NOY57'38"W C� o `r; l- 145.29' -; Ni PARCEL"X" o 5.00' D.H.(set) I w 472 S.F. y TO BE CONVEYED FROM 3 3 RONALD F. & LINDA M. EMRO i 4 z 1 N P TO LINDA M. EMRO, TRUSTEE 2 9F "' 3 N/F 1P p< fOF PINE HOLLOW TRUST N'oNo LOT C N/F Lisa Wysocki 9 m I 2 ; W Timothy& Doreen Marie Prisby 851 Forest Street y 0 i - 45,243 S.F. 769 Forest Street North Andover, MA 01845 N/F LOT A-1 p"_' Land of Anna M. Gilbert North Andover, MA 01845 (49,869 S.F. LOT PER �,on N.D.E.R.O. PLAN 11129 John Dumuloc 43,583 S.F. @ w 45,700 S.F. LOT PER # Z'E.R.D. PLAN 7809) w 805 Forest Street (INCLUDING PARCEL-X-) �o a, SHED z FORMERLY SHOWN AS # m North Andover, MA 01845 Land of Linda M. Emro LOT B-i CONTAINING 45.100 S.F. a LOT C ON PLAN NO. 7807 (43,727 $.F.) Trustee of Pine Hollow Trust 14 107' ACCORDING TO THAT PLAN 45.226 S.F. ;n (EXCLUDING PARCEL-X") o, FORMERLY SHOWN AS Land of Ronald F. & Linda M. Emro ;n D.H.(set) t a LOT A ON PLAN NO. 6757 EXISTING a CONTAINING 44,250 S.F. OWELUNG ACCORDING TO THAT PLAN 3' (#8Q5) VACANT LAND b, VACANT LAND 8 " �^ 30.6" EXISTING D.H.(set) 3 - D.H. TOTAL FRONTAL (MI)WELLING t5a S6 D.H.(fnd.) ,Mn D.H. set 21.29 (set) .SOOZ 54 f$ 1ST 0 z� 26.0' - � C ) D.H.(set} 12.21 B' SW FRp11SA 1' 64.36$ <^I D.H. 41.18' -" 5�770r D.H.(set) TOTAL FRONTAGE= i51.a0' w SO W I.PIPE(fnd.) (set) - t7 S0910'5i"E 37.76 "w 8,9 sor 42,,m -, N1b5� i APPRO- 12.79' J 14'?y4g4"IE a 50� O'48"E D.H. D.H.(set) Slag" 9 ''a "LOCgTI I D.H.(set DH D.H.(tnd.) gS9' 22 D.H.(fnd.) �e (set) LPIPE WJ (set) _ g5o� 50'321 D.H.(set) SOS�J 12"W (fnd.) D.H.(set) 7858 72.12' - 3131 �-D.H.(set) 12 '54 E 57133g2' 504'28 47 W S03'27'22"E 500.25 39 '16"E O.H.(set) D.H. 18D .(set) g2 6 52E (fnd.) 504- 5�W 'S�p'� 17' (PUBLIC- WIDTH VARIES) i PLAN of LAND FOR REGISTRY USE ONLY N-OTH RANDOVER ZONING in —` — BOARD OF APPEALS NORTH ANDOVER, MASS. OWNERS: WILLIAM J. & DEANA J. HAMEL, LINDA M. EMRO TRUSTEE, RONALD F. & LINDA M. EMRO AND DATE OF APPLICATION ANNA M. GILBERT DATE: SEPT. 30, 1999, REV.: JUNE 9, 2003 I HEREBY CERTIFY THAT THIS SCALE: 1"=40 PLAN CONFORMS TO THE RULES AND iX OF ycN REGULATIONS OF THE REGISTERS OF DATE OF HEARING o? wuuu4 DEEDS OF MASSACHUSETTS, NOTE: (ndoverMF lEOa H 1.) ZONING DISTRICT: R-1 DATE OF APPROVAL C nsultants u 'p4296U REG. PROF. LAND SURVEYOR 2.) SEE N.D.E.R.D. PLAN NO. 6757 AND 7809. Ina• 1 East River Place William $. acLeod CHAIRMAN Methuen, Moss. 01844 Reg. Prof. Land Surveyor \99-04\PLAND.dwg 0 40 80 120 160 Ft. jun 1S uS 11 : 34a NORTH A1`fI)L?VER 97BS888542 PAGE 4 OF 4 FUNDING North Andover Zoning Board of Appeals 1 Y 9. WRITTEN TEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all 'IO C FEATURES TO BE INDICATED ON PL.AN facts relied upon. This is required in the case of a k AASite Orientation shalt include: finding when the following points based on MGLA ch. 40A sec. 6 and 9 and the North Andover Zoning By-Law 1• North point Section 9.0 a request for a FINDING shall be clearly 2. zoning district (s) identified and factually supported: Addressing each of 3. names of streets the below points individually is required with this 4. wetlands to be shown on plan (if applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure 7, deed restrictions, easements structure. B. Legend& Graphic Aids: B. Fact relied upon to support a Finding that the 1. Proposed features in solid lines& outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially detrimental than the existing non 3. Graphic Scales conforming use. 4. Date of Plan 5. Title of Plan C. Addressing all details of the Building 6. Names addresses and phone numbers of the applicant, owner or record, and designer or Commissioner's denial when appropriate. surveyor. 10. Plan of Land Each application to the Zoning Board of Appeals shah. i 10 D. FURTHER REQUIREMENTS- be accompanied by the following described plan. Plante Major Projects shall require that in addition to the above must be submitted with this application to the Town features,plans must show detailed utilities,soils, and Clerk's Office and ZBA secretary at least thirty (30)d, topographic information. A set of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the application involves new construction, conversion and/or a Appeals. proposed change rfl use. Elevation plans for minor �� A. Major projects projects includ 'decKs; sheds, l garages shalt be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed: a) five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, 11. APPLICATION FiLING FEES c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall A. Notification Fees: Applicant is to send by certified require only the plan information as indicated with an mail all legal notices to all abutters, and then supply asterisks(*), in some cases further information may be proof of mailing to the ZBA secretary. Applicant is to required. supply stamps (appropriate current postage)for mailing of decisions to all parties of interest as 10. H. Plan Specifications: identified in MGLA ch. 40A, sec. 11 as listed on the -mss: application. ZSA Secretary will compute number of a) Size of plan: Ten (10) copies of a plan not to stamps. exceed 11"x17"preferred scale of 1 n =40'. B. Applicant is to supply one(1)set of addressed b) Plan prepared by a Registered Professional - labels of abutters to ZBA Secretary who will mail Engineer and/or Land Surveyor, with a block for five decisions to abutters and parties in interest. ZBA signatures and date on mylar, C, Administrative fee of$50.00 per application. A�h. raa�S'rs��2&.a�zti�;si�Y£�::si-_:ii AUG-13-2003 WED 11 :31 AM ATTY MARK B JOHNSON FAX NO. 9784756703 P. 04 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street . . North Andover,Massachusetts 01M '��. Robert Nicena . Building Commiponer Telephone(978)688-9541 Fax (978)6W%42 Date A-.GnA z o D TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01945 Please be advised that I hive agreed to waive the tine constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variances S ecwpemk o v ?arn*(4 Finding for property located at: STREET: tt, TOWN:_A-) yw✓ TO MEETING DAMS): 200 NAME OF PETITIONER: 16- Signed: '!T� � Pmt(or petitioner's representatn+e)`D&^*vj WAIVER O wd of Appeals 978-699-9541 Building 978689.9543 ConumAtion,978.498.9330 �Zaft 9784 88-9540 Piatuiing 97&689.9535 4