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HomeMy WebLinkAboutJ & M REALTY TRUST S MOLAK & V'AUGHAN CF�NE Robert R. Pellegrini — - fa97S-327-5570 j F: 978-327-5219 cg ?N LYS A7 L A W �6 rpelle`grini@smolakvaughan.com 7006 JUL 19 F�J 1- 28 TC " r ; July 18 2006 �11�� � J Y By Hand Joyce Bradshaw, Town Clerk Town of North Andover Town Hall 120 Main Street North Andover,Massachusetts 01845 RE: Application for Variance Property: Inglewood Street(Assessors Map 11, Lot 14) Owner/Al2plicant: T &M Realty Trust Dear Ms. Bradshaw: On behalf of the Petitioner,J &M Realty Trust,enclosed for filing with the Town Clerk and Zoning Board of Appeals are one (1) original and ten(10) copies of the Application Variance, Memorandum in Support of Petition for Variance, and accompanying Site Plans. Also enclosed are checks payable to the Town of North Andover in the amount of$150.00, representing the filing fee, and$167.04 to cover the cost of certified abutter notices,together with 36 stamps for mailing the Board's decision to abutters. Please date-stamp the duplicate copy of this letter and return the same to me. Thank you for your assistance with this matter, and please feel free to contact my office with any further questions or concerns. Si erely, hn T. Smolak cc: J&M Realty Trust John F. McQuilkin,Jr.,JM Associates Jefferson Office Park,820 Turnpike Street,Suite 203,North Andover,MA 01845 W W W.SMOLAKVAUG HAN.COM ` �TOWN OF NORTH ANDOVER VA s,. r` ZONING BOARD OF APPEALS 06JU I 9 P14 1: 29 t NAME: J&M Realty Trust , Inglewood Streeter etas 11 . Lot 15 i - ADDRESS OF APPEAL: _ __ j",'Town Clerk Time Stamp t y"` r fi R y r- Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incom tete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7• DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal 'r The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 8: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Cleric. a certified list of Parties in Interest(abutters). STEP 10• RECORDING THE DECISION AND PLANS. STEPS: SUBMIT APPLICATION= The petitioner is responsible for recording certification of Petitioner submits one(1) original and ten (10)Xerox the decision, the Mylar, and any accompanying plans at Copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 EJffice to be certified by the Town Cleric with the time Common St., Lawrence MA, and shall complete the ,lid date of filing. The original will be left at the Town Certification of Recording form and forward it to the c'lerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building ..e Zorirg 3oard of Appeals secretary. Department. MPfSRTANT PHONE NUMBERS: North Andover town Fall 8-6.1&)533 Office of Community Dev. &Services 120 train Street 1600 Osgood Street, }`Jorth Andover, MA 01845 378-688-9501 Town Cleric's Office 73 �8P4-!'5'12 `ax for Community Development eftices 978-088-9,68 Assessor's Office 1731--t�Q8.'? 15 3uilding Department �8 �3-3541 Toning Board of,Appeals Office WAGE 1 of 4 1 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Mathew Xenakis , Trustee J&M Realty Trust 70J- Salem Street , N Andover, MA 01 849 UR—Alb—( ono *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: J&M Realty Trust - 701 Salem Street , N Andover , MA 01845 978-974-0900 Years Owned Land: 1+ 3. Location of Property: a. Street: Inglewood Street Zoning District: R-4 b. Assessors: Map number: - 11 Lot Number: 15 c. Registry of Deeds: Book Number: 9 3 21 Page Number: 315 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7 . 3 ( setbacks) : Table 2 (Summary of Dimensional Requirements) : Section 7. 8 (exceptions) as may be authorized under Section 10 .4 of the Zoning Bylaws. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Under Section 7. 8. 1. the minimum required front yard setback is 20 ft . The proposed setback is 8 ft . Also under 7 . 8. 1, the minimum required side yard setback is 12 ft . The proposed setback is 7 ft. The above description shall be used for the purpose of the 199M natio and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % 1� 5 8. % Side A = soub.herly (left side) Side B = northerly (right side) Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5 ,000 N/A N/A 50 i1 A N/A N/A_ N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5 , 000 Id/A N/A 50 2 8 16 7 37 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5 , 000 N/A N/A 50. 0 2 20' 12 ' 12 ' 20 ' *See Section 7 . 8. 1 for nonconforming lot provisions 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units" N/A *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units" 1, 352 2 35 ' 2132 Residential ( sin fam) *Reference Uses from the Zoning Bylaw&Table 1. "*State number of units in building(s). 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 E application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may i result in a dismissal by the Zoning Board of this application as incomplete. J lty Tr k Signature: k f f Type above name(s) here Mathew Xenakis, Trustee (authorized) E i f PAGE 4 OF 4 VARIANCE 3. WRITTEN DOCUMENTATION *10. IB. "Plan Spec,fications: Application for a Variance must be supported by a 1) Size of plan: Ten (10) paper copies of a plan rot legibly written or typed memorandum setting forth in to exceed 11"x17'; preferred scale of 1"=40' detail ail facts relied upon. When requesting a Variance 11)One(1)Mylar, With one block for Registry Use from the requirements of MGLA ch. 40A, Sec. 10.4 and Only,and one block for five (5)ZBA signatures&date. the North Andover Zoning By-laws, all dimensional HO Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans bya Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. "Required Features On Plan: structure. 1) Site Orientation shall include: B. The circumstances relating to soil conditions, shape 1. north point or topography of such land or structures especially 2. zoning district (s) affect�ng the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wetlands(if applicable) district in which the property is located. 5. abutters of property,within 300' radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties financial or otherwise,which results from literal 1.0vithin 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the H) Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant, owner or record, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects, such as decks, sheds,and garages, application. shall require only the plan information as indicated with an.asterisk('). in some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans '11. APPLICATION FILING FEES must be submitted with this application to the Town 11.& Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: 'Town of North Andover- prior to the public hearing before the Zoning Board of A22-1760-4841"for the cost of first class, certified, appeals. return receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage -Aamps involves new construction/conversion/and/or a (currently 39¢)x the#of parties of interest 3n the proposed change in use. sbutter's list for the decision mailing. 10. A. Major Projects 11.0. Mailing labels:Applicant shall provide four(4) il I: jar pr jeets are those, ��vhich involve cne of the sets of mailing 1;3bels no'anger than 1".(2-518"(3 copies ,�,Acwirg whether existing or proposed: or the Lagal, 3rd•,ne ccpy for the Decision mailing). f)rive (5) or more parking:spaces, � 4)throe (3) or mc�-e dwelling units, 11.C. 'gee 2005 Revive-d Fr'-e .vchedule. -Tf)2.000 square Feet of building :area. * A Variance once gran"ed by he ZSA'.v+ll ":apse in f or r'rn;evts;�I?ell P,dlraire, E.hat in .-dditio+� : .�e f '.^a 1 'one) gear if iot a:s,arr:ised .and ,� na+x :errition says st 10 seatures. fl?at the plans:3how detailed t.stllities. 3ci's, 'e submitted. i I ~rj t;pcgrsphic ,fcrmati,)n. PJL-19-2006 16:16 From: To:919739740049 P.2,2 S1ti/1-Q( AK & VAUGHAN Robert R. Pullegrim A 1 T 0 P...N_E.Y- r s>�a-3.1-�---_ --..._._........ i Ilrprinr'r''d�%�i 1 4 A '. A. :� ib' r m :n,Ha{.4:nthtii .nn July 1, 2006 North Andover Zoning Board of Appear 1600 Osgood Street North Andover, MA 01845 Re. J&M Realty Trust Inglewood Street Assessor's Map 11,Lot '15 To Wliom It May Concern: J&M Realty Trust,with a usual place of business at 701 Salem Street in North Andover, Massachusetts,does hereby authorize the law firm of Smolak t& Vaughan LLP to apply for and represent J& M Realty Trust in filing of any applications for required permits and/or approvals for the construction of a residential home located on Inglewood Street, in North Andover, Massachusetts, including,but not limited to,appearing before any governmental agency at general meetings or public hearings addressing such construction/improvement located there. J& M Realty Trust Mathew Xenakis, rustee(authorized) Jefferson Utt'tce Pork,8111"turnpike Street,Suite 203,Narih AnJovrr,MA 01845 W WW.!+MOLAKVAUGHAN.COM i TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT/OWNER: J & M REALTY TRUST PROPERTY: INGLEWOOD STREET (ASSESSORS MAP 11, LOT 15) MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE I• INTRODUCTION The Petitioner, J& M Realty Trust, is requesting certain dimensional variances to allow for the construction of a single family home on a currently vacant lot on Inglewood Street. Specifically, the Petitioner is seeking relief from Sections 7.3, Table 2 and 7.8.1 of the Zoning Bylaw of the Town of North Andover, as amended(the "Zoning Bylaw") in the form of dimensional variances from both the front yard setback and the side yard setback on a pre- existing lawful nonconforming lot. II. BACKGROUND Mathew Xenakis and John Xenakis, as Trustees of J&M Realty Trust(the "Petitioner" or"J & M") are the owners of a vacant parcel of land on the east side of Inglewood Street near the intersection of Massachusetts Avenue. The lot is shown on a plan entitled"Certified Plot Plan of Land, Inglewood Street,North Andover, MA," dated July 17, 2006,prepared by JM Associates (the "Plot Plan"), and is approximately 5,000 square feet(0.11 acres)in size (the "Property"). The Property is designated on the Town of North Andover Assessors Maps as Map 11, Lot 15. J&M acquired the Property in January, 2005,as evidenced by a Deed, dated January 28, 2005, and recorded with the Essex North Registry of Deeds at Book 9321, Page 315. A copy of the Deed is attached as Exhibit A. The Property is located in the Residence 4 ("R-4")Zoning District where the proposed use of the Property for a single family residential dwelling is permitted by right. Based upon the Building Commissioner's denial letter, dated July 18, 2006(the"Denial Letter"),the Property constitutes a preexisting, lawful nonconforming lot. Specifically, the Property constitutes a preexisting lawful nonconforming lot since the lot was lawfully laid out as Lot 136 on a plan entitled"Plan of Waverly West Park,North Andover, Mass.,"dated June 1906, and recorded with the Registry of Deeds as Plan No. 463 on May 22, 1922 prior to the time at which the North Andover Zoning Bylaws were enacted which was January 9, 1957. To the Petitioner's knowledge, the Property has always remained vacant. The Petitioner applied for a building permit to allow for the construction of a single family residential dwelling. On or about July 16, 2006, the Building Inspector issued a denial of the building permit (the"Denial Letter"). As the basis for denial, the Building Commissioner determined that the proposed Project does not comply with the requirements of Section 7.3 (Setbacks), Table 2(Table of Dimensional Requirements)and 7.8.1 (Exceptions for Nonconforming Lots)of the Zoning Bylaws! III. DISCUSSION As noted above, the Petitioner is requesting relief in the form of zoning dimensional variances for both the front yard setback as well as the side yard setback for the westerly side of the lot. Specifically, Section 7.3 of the Zoning Bylaws requires that lots within an R-4 Zoning District comply with minimum front, side and rear setbacks as set forth in Table 2("Summary of Dimensional Requirements"). Those setback requirements (which include a minimum front yard setback of 30 feet, and a minimum side yard setback of 15 feet), are modified by certain exceptions for pre-existing lawful non-conforming lots described in Section 8.7.1 of the Zoning Bylaws. Section 8.7.1 states, in part, that: The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. See Zoning Bylaws, Section 8.7.1. Accordingly, and although the Property qualifies as a pre-existing nonconforming lot, it does not comply with either Section 7.3 (Table 2) or Section 7.8.1 as they relate to front yard setback(20 foot minimum) as well as the side yard setback(12 foot minimum)requirements. In 1 We also note that the Building Commissioner has confirmed that the Property does not need to comply with specific lot area,frontage,width,yard or depth requirements of the Zoning Bylaw since Section 61 Para.4 of G.L. c.40A exempts the lot from the applicability of such requirements as the Property constitutes a pre-existing lawful non-conforming lot. Specifically,Section 6 of M.G.L. c.40A provides,in part,that: "Any increase in area,frontage,width,yard or depth requirements of a zoning ordinance or bylaw shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement,whichever occurs sooner, was not held in common ownership with any adjoining land,conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage."See M.G.L.c.40A,s.6,par.4. As a result,the Building Commissioner has determined that the Property does not need to comply with Minimum Lot Area(Section 7.1),Contiguous Buildable Area(7.1.1),Minimum Lot Width(Section 7.1.2),and Minimum Street Frontage(Section 7.2)requirements of the Zoning Bylaw. fact, the Petitioner is requesting approval of an eight-foot front yard setback where 20 feet is required, and approval of a 7-foot setback where 12 feet is required. We note, however, that the requested setbacks are generally consistent with residential lots within the general vicinity of the Property. IV. BASIS FOR VARIANCE The Petitioner's proposed variances meet all of the conditions for granting of a variance as follows: 1. There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in which the property is located. In particular, the following property conditions are noted: a. First,what is primarily driving the need to reduce the front setback and side yard setback is the need to comply with the North Andover Wetlands Protection Regulations (the "Local Wetlands Regulations")which impose a 25-foot"No Disturbance Zone" and a 50-foot"No-Build Zone" extending onto the Petitioner's Property, as shown on the Plot Plan. Specifically, the 50-Foot"No-Build Zone" extends to the rear foundation line of the proposed building as shown on the Plot Plan. Within the No-Build Zone, the Local Wetland Regulations state that "construction of any kind is prohibited within this Zone, including but not limited to, foundations associated with single family homes ...and decks (i.e., footing, piling or sonotube),patios, ...and sheds. These conditions related to soils and related wetlands are unique to this particular parcel and do not generally affect the entire R-4 zoning district. b. Moreover, there is an existing telephone pole located in front of the southerly side of the Property which precludes the construction of a driveway, and as a result, the location of the proposed dwelling was shifted southerly to accommodate a driveway of suitable width to the northerly side of the Property. The shifting of the building necessitates the reduction of the southern side yard setback to 7 feet. 2. As a result of the circumstances described above which affect the Property but do not affect the zoning district in general, a literal enforcement of the dimensional requirements for the R-4 District of the Zoning Bylaw will involve substantial hardship,financial or otherwise, to the Petitioner. For instance, the proximity of the wetland to the rear of the lot and the 50-foot No-Build Zone requirements under the Local Wetlands Regulations preclude relocating the building further from the roadway while still providing a reasonably sized dwelling. Similarly, the location of the telephone pole restricts access to, and for parking for, the residence thereby requiring the proposed residence to impinge upon the required setback on the southerly (side)lot line. Otherwise,to attempt to create a driveway would pose a safety hazard, and would result in significant costs to relocate the electrical pole,which would impose a substantial financial hardship not only for the Petitioner, but also for any other person seeking to build a house on the Property. 3. The relief sought will be desirable and without substantial detriment to the public good without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The construction of this single family home will enhance the aesthetics of the lot. In all respects, the proposed single family residence will be consistent with other lots in the neighborhood, and therefore will not be a detriment to the public. Moreover, allowing the construction of the proposed residence will not derogate from the intent or purpose of the Bylaw because it is a permitted use and will allow development that is consistent with and in keeping with other properties in the neighborhood. The use is permitted by right and the appearance will remain consistent with other single family homes within the neighborhood. Accordingly, for the reasons stated above, and others that will be presented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variances, and to allow the proposed construction of a single family residence on the Property. Respectfully submitted, J & M REALTY TRUST By i ttorney, .154i �z n T. Smolak, Esq. MOLAK &VAUGHAN LLP 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 Tel. (978)327-5217 EXHIBIT B BUILDING INSPECTOR'S DENIAL EXHIBIT D ARCHITECTURAL PLANS A 9321 PG 315 QUITCLAWORM We,MARIA GALVAGNA MESMER,SAMUM A.GALVAGNA and MARIE A. CATALANO,of North Attdover,Essex County, Massachusetts.and ANTHONY L.GALVAGNA of Charlestown,Suffolk County,Macssachusetts for consWWratim of ONERD FORTY FOUR M44-hew Xemkis THOUSAND DOLLARS AND 001186.($144AMOO)Paid,hereby grM to I itsw.Eatta ds and John Xersakis,Truce or J&M Really Ttvs4 under Declarmon of Trust elated May 21, 1985,receded with Essex South Registry of Deeds in Book 7895,Page 349,of 701 Salem Street,North A.ndovear,Essex County Massachusetts with QUrrCLAfM COVENANTS our undivided interest in the following parcel of land more particularly described as follows. A MMU tract of land.situated in North Aadow,Essex.Cory,Item shown as lot numbered one hundred thirty-six(1.36)on a plan of land a €ed:"Plan of Waverly West P&W',recorded with North Essex Registry of Deeds,Platt No.463,said Lot bei more particularly bounded as follows: Northwesterly by Inglewood Street fifty feet($0); Northeasterly by Lars numbered one huadr�ed thirty-four(134)and one Hundred thirty five Cn N (135),as shown on said plats,one hundred(100)feet; M `' Southeasterly by Lot numbered one hundred sixty-two(162)as shown on said plass,fifty(Si3 and, Southwesterly by Lot numbered one hunidred thirty-seven(137)as dwwn on said plan,one xZ;i co hundred(100)feet. -o Subject to the eonditiow and restrictions,of turd insofar as*e eases are in forte and applie,i . . rn For title,see Deed recorded with North District Eft Registry of Deeds Book 1157,Page 769.Q 00 For Grantors titre see Estes of Anna L Sega,alta Ansa Lucia Sia and Anna L.Schepps, Commonwealth ofMusachusetts,Esm Probate Court Docket No.04P1 I ISEP1. o . EXECUTED as a seated:i *Qf clay ofJanuary,2005. � mes• COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX ) On]anuaryV 2M before me pmousHy WearW Maris(Wvsgua Mesingw, known to me(or proved to me on the basis of sada hotory evidence)to be the person whose name is subscribed to the within mstrsmnent and aclmowledgexl to me drat site executed the same in her individual capacity., voluntarily. S my hand ami official seal. n Nery+Public s*.w X r�,0n 1'd$y e 1U c�assstoit xpaes: S I4l' ��aeeaeoeaas °�� BK 9321 PG 316 EXECUTED as a sealed sesttteetratet*&4'fhW of louary,200. Maria A.Catalano ' COMMONWEALTH ON MASSACHUSETTS } } COUNTY OF ESSEX } On JanuwylS,2005,before me peisonallyappeared Marie A Catalaiw,persoually known to me(or proved to me on the basis of salisfactoty evkkm)to be the person whose name is subscribed to the W111 a mstrwnent and ackwwk*W to me that they execcdecll the same iu their individual capacities., voluntarily. WITNESS my land and official seal. ✓ 'Y PttbfiCa-m-Upt A2.Zk r y comnussion expires:it}oe�ell�l�t' d O i eta EXECUTED as a sealed iratrmae�►t this/. y of Imeaty,2005. Samuel A.GalvWa COMMONWEALTH ON MASSACMSETl'S , } COUNTY OF ESSEX } On Jama#atycS,2005,be€ore me pay appeared Seel A.Gatvagna,.personally known to me(or proved to me on the basis of sstissfaetory evidence)to be the person whose name is subscribed to the within fish and acknowledged to me that they executed the same in their individual =Pwhksy voluntarily. WITLESS my hand and official:seal. A My connnission expires:t+.g011embtt- d0 io v: i - 1 po 9321 PG 317 EXECUTED as a seaW koftumem this da-ly ofJJan y,pacts. Amy GWvapa C©ivliNt?NWEALM ON MASSACHUSETTS > COUNTY OF ESSEX } J84=P%2005,befiDm Me PAY Y L.Gdvagrgk pa sonaW known to the(or prod to me on the basis of ndsf xfty evidences)to be fm person whom acne is subscribed to the within instronent and admowWged to me thatthey execided the sorne in their individual capacities. , voluntarily. WITNESS my hnd and official seal. lic t nwN F A. IFA'zz. MY issim expires: O-VeMbeT t01 Q0®Co EXHIBIT B BUILDING INSPECTOR'S DENIAL I Jul 18 06 03: 29p NORTH ANDOVER 9786889542 p, Z r ` Zoning Bylaw Review Form '" � Town Of North Andover " Building Department 1600 Osgood Street, Building 20,Suite 2-32 North Andover, MA.01845 Phone 978-688-9545 Fax 978-1388-9542 Street: Inglewood Street Ma tl-iot: 11195 Applicant: Matthew Xenakis Request'. I Construct single familydwellin Date: I me-06. Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonlnq District: R-4 Item Nates ke Notes p I Lot Area Frontage 1 Lot area Insufficient Fronto a Insuffic�rtt 2 Lot Area Preexisting. P14 Frorta a Com lies 3 Lot Area Complies Preexistin fronto e X 4 insufficient Inforrration Insufficient Information Use No access over Frontage 1 Allowed Contiguous Building Area 2 Not Allowed Insufficient Area 3 Use Preexistin COt11 lies4 S ecial Permit Re uired Preexistin CBA5 Inst�cient Information Insufficient Information C Setback H Building Height 1 All setbacks comply 11 Height Exceeds Maximum 2 Front insufficient X 2 Complies X 3 Left Side Insufflclerr 3 Preex(stin Hei ht 4 ie+ ht Side Insufficient X 4 Insufficient information 5 Rear Insufficient I iMoren g Coverage 6 Preexistingsetbac sj 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 ge Preexisting 1 Not in Watershed X 4 cient Information 2 In Watershed J 3 Lot prior to 10124194 1 ot allowed 4 Zone to be Determined 2 om les 5 Insufficient Information 3 cient Information E Historic District K ng 1 In District review r tared i Parkin Required 2 Not in aistrict X 2 1 Parking Complies 3 1 insuffcientinformation RemieV for the above is checked below. Item 0 Special Permits Planning Board Item# Variance Site Plan Review Special Permit Cd, Setback Variance C-4 Access other than Frontage Special Permit Parkino Variance Frcntaae Exception Lot Special Permit Lot Arm Variance Corrfnon privewa Special Permit Height Vadance C ongreciate.Housing Spedal Permit Vyriance for Sion Continuing Care Retirement Special Permit ectal Permits ZoningBoard Inde ndent Elder: housin 5 al Permit S ecial Permit Mon-Conforming Use ZBA Lar a Estate Condo Special Permit S vtn Removal Special Permit ZBA Planned Development District S et ai Permd S cfal Permit Use not Listed but Similar Planned Residential Special Petnrdt Special Permit for Sign R-6 DonsitN Special Permit Other Vtlatersl-k-d S iai Perttii Supoly Additional Information The above revion aid attached expianapon of such is based or.the dans.Ino information subnmed. No definitive ievirry caxr or acvice shall be based on verbal explanations by the drpticanh n:;r shall sum verbal eKittarauons by the :applicant :;erre to pr--vide definitive answers la the above ransons for DEMAL. Any Inaccuracies.m~leading rtdermadon or other subsequent Granges to the inronnatior su�mitted by 1t•.e applicant shad to gnurds for this rev ew to :ie voided at the discretion of the Building DeparUvL Ths attached document tiled"Plan Review Narrative"shall be attached hereto and incoraoratsd herein by reference. The badrxrg department wil retain all plans and documenGh9cn for the rbn-e fie.You must filea-f building parrrtt appficajon hsmi and begin the permit6r9 process. BufFding Cepartment Offic Signature f ppfication Received Appication Denied Denial Sent: If:axed Phone NumbevDate: JUL-18-2006 04:00PM From: 9786889542 ID: Pa9e:002 R=94% Jul 18 06 03: 29p NORTH ANDOVER 9786889542 p. 3 Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property medicated on the reverse side: Review Reasons for Denial&Bylaw Reference Form Item Reference C-1-&C-4 A Variance is required from the:requirements of sectiem 73&.-Table 2 for the front&right side setbacks on the proposed single family dwelling,and from the requirements for front&side setbacks of 7.9.1 for lawfully laid out and duly rec:ordLd prior to January 9, 1957 lots.. Referred To: Fire Health Police X Zonin Beard Conservation oepartniint of Public Woks Planning Historical Commission Othe• BullnRdG OEP, Lo n i n c By1 aw!)enial_'U(t0 JUL-18-2006 04:01PM From: 97868$9542 ID: Pase:003 R=94% N/F PECCI REALTY #15 N/F N/F XENAKIS CLOONAN #11 # 205 31 _+ MASS. AVE. 12.7' 12.8' INGLEWOOD STREET 2' OVERHANG (40' WIDE R.O.W) TO MASS AVE. TO MABLIN AVE T 50 ' 7.8• 1°'''me . 8.0' 9.8' 10.6 10.8' 19.3' S RAY /F INGLEWOOD N/F 0 W GARAGE #U21 ARDO#20 REALTY TRU GEREM� O MASS. AVE. W #18 #14 70, 0 o --PROP. ROOF PEAK TO GROUND=35' 1' OVERHANG 8' 26.0' 6' X 22' CANTILEVERED DECK = o 2— 10' X 20' N 0 PARKING SPACES (Q N/F 50.0' MENOUNOS N4� MAP 11 PARCEL 15 f } 50.0, 37.0 AREA 5,000 SF ' OF N/F XENAKIS. q^` 10H c� MCQU1LKIN, JR. No. 36120 JQJti WETLANDS �hAL LANA a AO 70 40 !0 7!0 DF Ft ) LOCUS ZONE: RESIDENTIAL "I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS REQUIRED EXISTING PROPOSED PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LOT AREA LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC 12,500 S.F. 5,000 S.F. 5,000 S.F. OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT MAX. HEIGHT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR 35 FT N/A <35 FT NEW WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE RULES STREET FRONTAGE AND REGULATIONS OF THE REGISTRY OF DEEDS." 100 FT 50 FT 50 FT FRONT SETBACK 20 FT * N/A 8 FT (JOAN F. McQUILKIN JR. DATE SIDE SETBACK 12 FT N/A 7 F�(WEST SIDE) NOTES: REAR SETBACK 16 FT (EAST SIDE) 1. LOT WAS CREATED AS SHOWN AS LOT 136 ON A PLAN ENTITLED 20 FT N/A 37 FT "PLAN OF WAVERLY WEST PARK, NORTH ANDOVER, MASS." DATED REQUIRED PARKING JUNE 1906, RECORDED AT NORTH ESSEX REGISTRY OF DEEDS 2 N/A 2 ON MAY 22, 1922 AS PLAN NO. 463. DEED RECORDED IN *=SEE NORTH ANDOVER ZONING REGULATION 7.8(1) BOOK 9321 PAGE 315. 2. SECTION 6, PARA 4 OF GL.c40A STATES "ANY INCREASE 1N AREA, FRONTAGE, WIDTH, YARD OR DEPTH REQUIREMENTS OF A ZONING BYLAW SHALL NOT APPLY TO A LOT FOR SINGLE... FAMILY RESIDENTIA! USE WHICH AT THE TIME OF RECORDING... CONFORMED TO THEN EXISTING REQUIREMENTS...BUT AT LEAST FIVE THOUSAND SQUARE FEET OF AREA AND FIFTY FEET OF FRONTAGE." 3. ZONING DISTRICT: R4 4. FLOODZONE = X COMMUNITY PANEL 2500 98 0003C DATED 6/3/93. FOR REGISTRY USE ONLY CERTIFIED APPROVED BY THE TOWN PLOT PLAN OF LAND OF NORTH VER ZONING BOARD AOFDAPPEALS INGLEWOOD STREET NORTH ;ANDOVER, MA DATE SCALE: 1 in. = 40 ft. DATE: JULY 17, 2006 PREPAPcI1 FOR OWNER-. Mathew Xenakis 317 Blueridge Road N. Andover, NIA 01845 DATE OF APPLICATION DATE PREPARED BY: DATE OF HEARING JM Associates DATE 325 Main Street DATE OF DECISION North Reading, MA 01864 DATE 978 -664-6668 vC�G 5CO--2 JJ EXHIBIT D ARCHITECTURAL PLANS ,I , 4 - m - Kw , 0 — -- • _._ L�s:O©j�.—V � � �� :_:..1 i i' �- '{ °at�C�7li:-_-_... '-,_.., • ' -.'_._��hGaE,--i: = ,-�`-,yw.-. _ _ � �...�4'J�....�tett � ! I ec vrN ( 91.13it-ICj E! I T ..J I../G •-�. f"",,' ill hl CIO- . .:�E. _ 1 _ A. ANSIOW LOADS. '- 1. FLOOR 0 LIVING SPACE 40.ps.f..Siva/10 p•t. d..a 2: FLOOR 6 SLEEPING SPACE 30 p...f. liw/10 p .f.data W _ln 3. SOUP - 30 p...f. Iiw/1'S p deft dead - B.ALLOWS=SOVISERYON (FLOOR) 1. WITH OY88UM CHILIPO BELOW .1/360 I1J!] 2. WN GYPSUM CEILING HELOW 1/249 - - .wv `�" - Z C. SOIL HWS.CAPACITY 2000 P. 't. HOTZ,.DESIGN LOADS.AND SITE.COWDSTIOAB'SHOULD BE'V681PIBD WITH LOCAL ._-. .-.•-- V a O Q BUILDING COD88 Alw 08HIC2AL8.888CSAL cOpOxxxpH SveH.As SSzsmc, �: Q (/) SHOU,WIHD OE HYDROSTATIC LOADING MAs ADOETBE DxoWAL REVIEW. Ii (� W cQ M 2' A .. S BAH 0H GRAHR-3000 p. .i. (28 DAY SMOM 'WI 09 4' HAND GR GRAVEL PILL WITH 6.6 410 WIZARD um BEEN. 3 B. 70N50A7XW MAMA i FDop�lOH+3000 p....l. (ss VAXsTldIWIIR( _._. _tett<. O Q Y W A.momsaux AN PLA m OW UHDIsTEBBm 0R \ FILL TO A'.DEPTH - _- Z f-.C,O ee B. UmUIW70RCHD WALLS SHALL SUPPORT A MAXIMUM OOr 7'--0" D PILL L=Y W m C. DAMPPROOFING(BaSHMENR3)-THE COATS OP ASPHALTIC CCAT:I :COMPOUND - ._.._-tett D. WATERPROOFING(HABITABLE SPACES BELOW GRADE)^TWO PLY NOT HOPPED FELT - m Q 00 Q MEMBRANE WATHRPRODPIHG.. �p.Al -. _:___ , ..) Cn N E. FOUNDATION DRAIN-INSTALL A 6•PERFOAATBD DRAIN TILE AT PHAIM8TER OF _ RASHHBWl.TOPS OF JOINTS TO BE COVERED W/156 PELT AHD A MINIMUM OF 18" I W. z COURSE STORE OR GMVEL.SDOPB TILE 3/16•PER POOP TO POINT OF DIHCEARGB. P. TERMITE PAOTECTIOM-AS REQUIRED BY LOCAL CODES 4. G Soxl2"ANCHOR,BOLTS I G,-0.O.C. WG u A. ALL STRUCTURAL STEEL SHALL MEET ASTM A-36 - k H. UNLESS OTBm04Iss NOTBU,PPOYiDE A 2-NOM. WOOD SILL OP APPROPRIATE WIDTH BOLTED TO THE TOP YLAlIG6 OF ALL STEEL BEANS WITH 3/E• DIA BOLTS STAGGERED AT 2'-0-O.C. RIGIDLY ENGINE ALL CONNECTING RAFTERS AND L-+ E: JOISTS.: 5. CARPENTRY I FIWIIMS LIAUmI 1..STUDS-4 3 oA•37011•GRADE 2.JO0866.a:R -x1,200,000 P...1./78-1,130 P....i. . 3.Fi14 A'GIIUS-Ewk.3B0.000.p...i./75.1,050 P...i. ...�W........... ...»...,.<..... .._.__..,...,.,,..,...,.._ns.,..,.... 4.STAIR sta"68R3-6 1 GRADE. 5.UNLESS OTHERWISE 50TEO,PROVIDBt Fp a,GOGGLE HEADER JOISTS 6 TRIimm ALL 1 ALL FLOOR OPENINGS. - 0)lx3CROSS UBLE JO18BRIDGTS GF9GRS EACH JOIST DAYPAATLTIOHS. __.. _-.. -. --.. k/' _.��� ... _�/.. 'a _ �I 8. FLOOR CONSTRUCTION 1. GENERAL FLOORS-1/2•PLYWOOD(C-D 32/16 INT.APA.W/ExT. GLUE) UNDER """"""=""T"""�'"'-,•�.�-"���"-�""�"�--."""��' "" - •. 1/2•PLYWOOD (UNDERLATHRUT INS APA) WITS HFm.11IN6 PAPER BETWEEN. ("OPTFOHAL 3/4•TAG (UNDRRLAYMBHR INSAPAI LITH YO SOH-RI.GOA]. I II„•.)Ie it • 2. RATE A TOILET AREA&-USz WATER ASSISTANTPLYWOOD (UNDERLAYMENT C-C PLNOGED EXT-APA). ✓✓✓ C. E=SRIOM SOA253WO - 1.MALLS-1/2'PLYWOOD(C-D 24/0 IMF ANN S/EXT. GLUE) 9 (•OPTIOHALI i/2•'IHSOLATIOH Dow SITE.DIAGONAL.1X4 CGIUM ENS' IS mum. 2.ROOF-1/2•PLYWOOD (C-D 24/0 YET APA W/EXT.CLUB) ea D. INTERIOR rim H 1. a6BmUAL-DNLESS OTHERWISE INDICATHD,ALL=MUCH WALLS A.CBILINGS C� - � -ARE.TO OE COVERED WMA/2'GYPSUM BOARBIWZTM K&TAL CORNER _ G � f1✓ .�.; RHINPONCIND,TAPED A SANDED. .p �j rj y '('OPTIORAL 1/20 •ALOE HOARD•SITE VENEER PLAsmat SYSTEMI. - TOT�6.�.. J;...�i -21.J'.PN _ -. 2. BAT1 6. 6 TOILET AINMAN-OS$WATER ASSISTANT GYPSUM BOARD. - N .. '. A. UNLBiS OTBBmiYSB NSTEO..PRWIDBt • __ __.._._-....__....._._._... -_ . 3. Oe R-19 IB ALL.EYTBB3UR WALLS 719 IE 1!fmHE flSSR HR�AHEB EP11Z7E - R-30I#QAtRiOLi.0E8.==ATT10E8E 9NEREMY'TO HOOP ",IN'1�lI.QOA t.V4WOE 5DI5HlE-Als A 2 ELL.2Agy3wT8fL7Wa VAPOR BARRIBRI O/,Tom CONTRACTOR TO VERIFY - - RHRBt4 SIDE Ars INVOLATIOH. yI/ 3.acAu-Do�Le mum=oP BLASS AT AIX mMa�It GLASS AR EAS.A - ALL SITE CONDITIONS ANO ---- - ----...--- ------ -- --- /� 3 m rut me raeAti GweEa WINDOWS LEES TWO _ - - OM/EN6fONE NI FIELD "_V{A IcI DO NOT SCALE.DRAWIN08 - 1Ad i MA s � P =oaMlL�' y - -� _s ,. N ill � � r. 19- V4 2: ^l J o - cn rojel I , i 0 If - 6,4 ol -TW 9�-0l1- 1 5,i1,l r,. CONTRACTOR TO VEPoEY , N ALL SITE CONDITIONS AWE) _ _ DIMENSIONS IN FIELD �G-®) —___._._....._ ol .... L..'` DA r� DO NOT SCALE DRAW"M � ,i . 1 — _ LL - - _ - N _ ; b ....._....... Wit Q1' 1 � X11 rc til U. v W 141(5 Ft' un — _ I a t � -L-L-- f{ _ UjGj Wai.,_ _ io leo, I Z. td W m LU'r in — IV l a !I CONTRAC70RTOVEWFY ALL 317E OOIIDIT1Dp6 AND DgrH/>pDipi iN IELD ws�