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Raymond Santilli,
Interim Community
Development Director
Town of North Andover
Town Clerk Time Stamp
Community Development and Services DivisiolliEcEIVE0
Office of the Zoning Board of AppealsTOI" r! rid �S OFFICE
400 Osgood Street
North Andover, Massachusetts 01845 2005 S170 27
Telephone (978) 688-9541
Fax (978)688-9542
Any appeal shall be filed within Notice of Decision
(20) days after the date of filing Year 2005
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
PM 4: 19
TOWN OF
NORTH :MASSA Sr fTS
MA, § 17 Prope at: Lot 14 Laconia Circle VUp 1063, Parcel 11
NAME: Peter W. Murphy, 4 Red Oak Drive, HEARING(S): September 13, 2005
Plaistow, NH
ADDRESS: Lot 14 Laconia Circle PETITION: 2005 -02 -5 -
(Map 106.B, Parcel 119)
North Andover, MA 01845 TYPING DATE: September 21, 2005
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street, North Andover, MA on Tuesday, September 13, 2005 at 7:30 PM upon the
application of Peter W. Murphy, 4 Red Oak Drive, Plaistow, NH 03865, for premises at: Lot 14 Laconia
Circle (Map 106.B, Parcel 119), North Andover requesting a Finding under Section 10, Paragraph 10.4 of the
Zoning Bylaw and M.G.L. ch. 40A §8 from the Building Inspector's denial of a building permit under the
provisions of Section 7 of the Zoning Bylaw as affected by M. G. L. ch. 40A §6 and a dimensional Variance
from Section 7, Paragraph(s) 7.1 & 7.2 and Table 2 of the Zoning Bylaw for relief of lot area and street frontage
in order to construct a proposed single family dwelling. Said premises affected is property with frontage on the
South side of Laconia Circle within the R-1 zoning district. Legal notices were sent to all abutters and
published in the Eagle -Tribune on August 22 & 29, 2005.
The following members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R.
Webster, and Thomas D. Ippolito. The following non-voting member was present: Daniel S. Braese.
Upon a motion by Richard J. Byers and 2nd by David R- Webster, the Board voted to GRANT the Finding
under Section 10, Paragraph 10.4 of the Zoning Bylaw and M.G.L. ch. 40A §8 that Map 105.B Parcel 119 is a
buildable lot, per Plan of Land in North Andover, Mass., showing "Proposed Lot Development", Lot 14
Laconia Circle, Prepared for Peter Murphy, Applicant: Peter Murphy, P.O. Box 734, North Andover, 01845,
Owner: 140 Appleton Street Realty Trust, John & Edith Thompson, Trustees, 1725 Great Pond Road, North
Andover, MA 01845 [by] The Neve — Morin Group, Inc., 447 Old Boston Road — U.S. Route 1, Topsfield,
Massachusetts, and upon a motion by Richard J. Byers and 211d by David R. Webster, the Board voted to
GRANT the applicant's request to WITHDRAW the dimensional Variance WITHOUT PREJUDICE.
Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R- Webster, and Thomas D.
Ippolito.
The Board finds that Lot 14, Laconia Circle (Map 105.B Parcel 119) was established as a legal, conforming lot
as shown on the Definitive Plan of Land of Ingalls Crossing, signed by the planning Board on 7-7-78, and
registered as Plan #7865 by the Registry of Deeds, North District Essex County on July 13, 1978. The Board
finds that John J. and Edith S. Thompson acquired the property from Olympic Construction, Inc. as unrelated
buyers in May 1979 and recorded it at Book 1371 and Page 176; the property was transferred to John
Thompson, Trustee, 140 Appleton Street Realty Trust by a related party transaction and recorded at Book 4060
Page 153 in June 1994. The Board finds that the property was not owned in common ownership with any
abutting parcel after May 23, 1979. The Board finds that Lot 14 Laconia Circle was created prior to the May
1987 Town Meeting Article 9, changing this area from R-2 (lot area of 43,560 sq. ft., or 1 acre, and street
frontage of 150) to R-1. Therefore, the Board finds that M. G. L. ch. 40A §6 applies to this parcel and the
request for a dimensional Variance is not required.
Page 1 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
Community Development and Services Division
Office of the Zoning Board of Appeals
400 Osgood Street
Raymond Santilli, North Andover, Massachusetts 01845
Interim Community Telephone (978) 688-9541
Development Director Fax (978) 688-9542
Town Clerk Time Stamp
DECEIVED
TOWN CLERK'S OFFICE
2005 SEP 27 PM 4: 19
'OWN OF
NORTH ANDOVER
MASSACHUSETTS
Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily
ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal
building codes and regulations, prior to the issuance of a building permit as required by the Building
Commissioner.
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 under 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,
Ellen P. McIntyre, Chair
Decision 2005-025,
M106.BP119.
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
D. Robert Nicetta
Building Commissioner
Town of North Andover
Town Clerk Time Stamp
Community Development and Services Division RECEIVED
Office of the Zoning Board of Appeals T01MI t"LE K'S OFFICE
400 Osgood Street
North Andover, Massachusetts 01845 2005 AUG 18 AM 8: 5 4
Telephone (978) 688-9541
Fax (978) 688-9542
Legal Notice
North Andover, Board of Appeals
TO fl"H! OF
NORTH Al 00`1__t~
MASSACHUSi ` `~,
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on
Tuesday the l3th of September, 2005 at 7:30 PM to all parties interested in the appeal of
Peter W. Murphy, 4 Red Oak Drive, Plaistow, NH 03865, for premises at: Lot 14
Laconia Circle (Map 106.B, Parcel 119), North Andover requesting a Finding under
Section 10, Paragraph 10.4 of the Zoning Bylaw and M.G.L. ch. 40A §8 from the
Building Inspector's denial of a building permit under the provisions of Section 7 of the
Zoning Bylaw as affected by M. G. L. ch. 40A §6 and a dimensional Variance from
Section 7, Paragraph(s) 7.1 & 7.2 and Table 2 of the Zoning Bylaw for relief of lot area
and street frontage in order to construct a proposed single family dwelling.
Said premises affected is property with frontage on the South side of Laconia Circle
within the R-1 zoning district.
Plans are available for review at the office of the Building Department, 400 Osgood
Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM.
By order of the Board of Appeals
Ellen P. McIntyre, Chair
Published in the Eagle -Tribune on August 22 & 29, 2005.
Legalnotice 2005-025.
M106.BP119.
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Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Date t -./ —
TOWN OF NORTH ANDOVER
BUILDING DEPARTMENT
Building/Frame Permit Fee $—
Foundation Permit Fee
Othea3e=it Fee
bj4 ffer � e� , r— co rf
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6, V,
No.: Date
1 7
0 T6WN OF NORTH ANDOVER
-aj
BUILDING DEPARTMENT
Building/Frame Permit Fee
-S CHUS
Foundation Permit Fee
Other.Pwp" Fee "C'ev'O s
j�- q 17
N Date
TOWN OF NORTH ANDOVER
BUILDING DEPARTMENT
- Ar . to . At, , Building/Frame Permit Fee
Foundation Permit Fee $-
Other Rafnitt Fee s
Xle
A-1 I -T
ZBA 279
Date.q.—//—.05
TOWN OF NORTH ANDOVER
RECEIPT
This certifies that ....4
7-t� 4 !:, ... .................
haspaid# ... 1.0.0..,.ov ... ....................... I I ....................
toy?,
for o .5 ........ .2 ie . ...... F+V
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Received by .... 70 ... /� �. ..
Department.......... �,-A-A ................................................................
WHITE: Applicant CANARY: Depa ent PINK: Treasurer
Zoning Board of Appeals
North Andover
Hearing No.: ZBA-2005.0043 Date: August 11, 2005
APPLICATION TYPE: SUBMISSION DATE:
Variance & Finding Thu Aug 91, 2005
Applicant's Name:
NAME:
140 APPLETON STREET REALTY TRUST & J
ADDRESS:
140 APPLETON STREET
TOWN:
NORTH ANDOVER
STATE:
MA
ZIP CODE:
01845
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
Site Information:
Owner's Name:
NAME:
140 APPLETON STREET REALTY TRUST & J
ADDRESS:
140 APPLETON STREET
TOWN:
NORTH ANDOVER
STATE:
MA
I ZIP CODE:
01845
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
Work Location.:
SITE ZONING:
0 LACONIA CIRCLE
R-1
TOWN:
SECTION OF BYLAW:
NORTH ANDOVER, MA 01845
10.4
GIS #
MAP:
BLOCK:
LOT:
ACTION TAKEN:
7011
106.8
0119
Sat Oct 15, 2005
Reason for filing:
Finding under Section 10, Paragraph 10.4 of the Z B &M.G.L ch. 40A §8 from the Bldg Insp denial bldg permit under Section 7 as affected
by M. G. L ch. 40A §6 & Var from 7.1, 7.2 & Table Z
HARDSHIP.
FINDINGS:
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:
MAILING DATE:
HEARING CONTINUED DATE:
DECISION DRAFT BY:
APPEAL DATE:
Tue Aug 16, 2005
Wed Se 07, 2005
REFERRALS IN DATE:
HEARING DEADLINE DATE:
HEARING CLOSE DATE:
FINAL SIGNING BY:
APPEAL DEADLINE:
Mon Aug 29,2W5
Sat Oct 15, 2005
FIRST ADVERTISING DATE:
HEARING DATE:
VOTING DATE:
DECISION DATE:
Mon Aug 29, 2005
Tue Sep 13, 2005
SECOND ADVERTISING DATE:
HEARING TIME:
1
VOTING DEADLINE:
DECISION DEADLINE:
Mon Sep 05, 2005
1 Sat Nov 19, 2005
Sat Nov 19, 2005
MEMBERS PRESENT: VOTE:
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
MINUTES OF MEETING:
GeoTMS81998 Des Lauriers & Associates, Inc.
�Jr,ch &J.
�� -N- 3A7 -S a17
�+0.. MORT„ ,yO f
Raymond Santilli.
Interim Community
Development Director
Town of North Andover
Town Clerk Time Stamp
Community Development and Services Divisior>EDEIVED
Office of the Zoning Board of AppealsTO IY . CLERK'S OFFICE
400 Osgood Street
North Andover, Massachusetts 01845 2005 SEF 27 PM 4: 19
Any appeal shall be filed within
(20) days after the date of filing
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
40A, §17
Telephone (978) 688-9541
Fax (978) 688-9542 TOWN OF
NORTH ANOOVER.
s is to ceriiN4W NUS& Q-
• .-43psed from date of decision, filed
Notice of Decision ;u1Vuc filing of an p eal.
Date dS
Year 2005 Joyee A: Grade aw
Town Clark
Property at: Lot 14 Laconia Circle (Map 1063, Parcel 119)
NAME: Peter W. Murphy, 4 Red Oak Drive,
HEARING(S): September 13, 2005
Plaistow, NH
ADDRESS: Lot 14 Laconia Circle
PETITION: 2005-025
(Map 106.B, Parcel 119)
North Andover, MA 01845
TYPING DATE: September 21, 2005
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street, North Andover, MA on Tuesday, September 13, 2005 at 7:30 PM upon the
application of Peter W. Murphy, 4 Red Oak Drive, Plaistow, NH 03865, for premises at: Lot 14 Laconia
Circle (Map 106.B, Parcel 119), North Andover requesting a Finding under Section 10, Paragraph .10.4 of the
Zoning Bylaw and M.G.L. ch. 40A §8 from the Building Inspector's denial of a building permit under the
provisions of Section 7 of the Zoning Bylaw as affected by M. G. L. ch. 40A §6 and a dimensional Variance
from Section 7, Paragraph(s) 7.1 & 7.2 and Table 2 of the Zoning Bylaw for relief of lot area and street frontage
in order to construct a proposed single family dwelling. Said premises affected is property with frontage on the
South side of Laconia Circle within the R-1 zoning district. Legal notices were sent to all abutters and
published in the Eagle -Tribune on August 22 & 29, 2005.
The following members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R.
Webster, and Thomas D. Ippolito. The following non-voting member was present: Daniel S. Braese.
Upon a motion by Richard J. Byers and 2nd by David R- Webster, the Board voted to GRANT the Finding
under Section 10, Paragraph 10.4 of the Zoning Bylaw and M.G.L. ch. 40A §8 that Map 1053 Parcel 119 is a
buildable lot, per Plan of Land in North Andover, Mass., showing "Proposed Lot Development", Lot 14
Laconia Circle, Prepared for Peter Murphy, Applicant: Peter Murphy, P.O. Box 734, North Andover, 01845,
Owner: 140 Appleton Street Realty Trust, John & Edith Thompson, Trustees, 1725 Great Pond Road, North
Andover, MA 01845 [by] The Neve — Morin Group, Inc., 447 Old Boston Road — U.S. Route 1, Topsfield,
Massachusetts, and upon a motion by Richard J. Byers and 2nd by David R. Webster, the Board voted to
GRANT the applicant's request to WITHDRAW the dimensional Variance WITHOUT PREJUDICE.
Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R. Webster, and Thomas D.
Ippolito.
The Board finds that Lot 14, Laconia Circle (Map 1053 Parcel 119) was established as a legal, conforming lot
as shown on the Definitive Plan of Land of Ingalls Crossing, signed by the Planning Board on 7-7-78, and
registered as Plan #7865 by the Registry of Deeds, North District Essex County on July 13, 1978. The Board
finds that John J. and Edith S. Thompson acquired the property from Olympic Construction, Inc. as unrelated
buyers in May 1979 and recorded it at Book 1371 and Page 176; the property was transferred to John
Thompson, Trustee, 140 Appleton Street Realty Trust by a related party transaction and recorded at Book 4060
Page 153 in June 1994. The Board finds that the property was not owned in common ownership with any
abutting parcel after May 23, 1979. The Board finds that Lot 14 Laconia Circle was created prior to the May
1987 Town Meeting Article 9, changing this area from R-2 (lot area of 43,560 sq. ft., or 1 acre, and street
frontage of 150') to R-1. Therefore, the Board finds that M. G. L. ch. 40A §6 applies to this parcel and the
request for a dimensional Variance is not required.
Page 1 of 2 ATTEST:
A True Copy
Board of appeals 978- 688-9541 Building 978-688-9545 Consmation 978-688-9530 Heafth 978-688-95.10 Planning 978-688-9535
Town Clerk
Town of North Andover Town Clerk Time Stamp
Community Development and Services Division
Office of the Zoning Board of Appeals RECEIVED
400 Osgood Street TOWN CLERK'S OFFICE
North Andover, Massachusetts 01845
Raymond Santilli, 2005 SEP 27 PM 4: 19
Interim Community Telephone (978) 688-9541
Development Director Fax (978) 688-9542 TOWN OF
NORTH ANDOVER
MASSACHUSETTS
Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily
ensure the granting of a building permit as the applicant must abide by all applicable local; state, and federal
building codes and regulations, prior to the issuance of a building permit as required by the Building
Commissioner.
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 under 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,
�A&' P -h
Ellen P. McIntyre, Chair
Decision 2005-025.
M106.BP119.
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
04 NO oTM �N
+SSM�9yc
Town of North Andover
Town Clerk Time Stamp
Office of the Zoning Board of Appeals - CEhf ED
Community Development and Services DivWMCl.E.PK'S OFFICE
400 Osgood Street
North Andover, Massachusetts 01845 1905 SES' IS PM :
Raymond Santilli,
Interim Community
Development Director
Telephone (978) 688-9541
Fax (978)688-9542
TO: Town of North Andover
Zoning Board of Appeals
400 Osgood Street
North Andover MA 01845
Date
TOWN OF
r1�c��J4�,
ASSN iZS l
,�- )3-0
Post -it® Fax Note 7671
Date q _ _
I
_
pag°e s ►
Tor
From
Co./Dept.
Co.
Phone #
Phone #
Fax # 17C6_ 3a _ Q
Fax #
Please be advi sh to withdraw my
4arianc
pecial Permit
Comprehensive Permit (40B)
Finding
petition without prejudice from the North Andover Zoning Board of Appeals agenda for
property located at:
c
STREET:
MAP: 10 � t B PARCEL: ) I
TOWN:
NAMEOF
Signed:
Withdraw
SEP
0�
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
n. Fsl= APtr3EAUS
MOLAK & fir' AURA
BY HAND
Ms. Joyce Bradshaw
Town Clerk
Town of North Andover
Town Hall
120 Main Street
North Andover, Massachusetts 01845
RECEIVED
JOYCE BRADSHAW
TOV1R CLERK
JUJ ! A, fn: � r}
Brian G. Vaughan
T: 978-327-5217 ; F: 978-327-5214
bvaughan:c^t:smolakvauehan.com
August 10, 2005
RE: Application for Finding/Appeal of Building Inspector's Determination and, in the
alternative, Application for Variance
Owner: John Thompson, Trustee of 140 Appleton Street Realty Trust
Petitioner: Peter W. Murphy
Property: Lot #14 Laconia Circle (Assessors Map 106B Lot 119
Dear Ms. Bradshaw:
This firm represents the Petitioner with respect to the above -referenced Application for a
Finding and Appeal. In support of the Application, please find ten (10) copies and one (1)
original of the following:
I . Application/Petition for Finding to the North Andover Zoning Board of Appeals;
2. Memorandum in Support of the Appeal;
3. Site Plan and Related Exhibits to Appeal;
4. Application/Petition for Variance to the North Andover Zoning Board of Appeals;
5. Memorandum in Support of the Variance;
6. Site Plan and Related Exhibits to Variance Application;
7. Certified Abutters List;
8. Checks payable to the Town of North Andover in the amount of $100.00 and $92.82
representing the Application Fees and Notification Fee, together with 21 x $.37 U.S.
postage stamps for mailing of the decision to abutters.
Please contact me should you need additional information of if you have any questions. Thank
you for your assistance with this matter.
/Very truly yours,.
Brian G. Vaughan
cc: Ellen McIntyre, Chair, North Andover Zoning Board of Appeals
Michael McGuire, Building Commissioner
�ECC� ,C
AUG 11 2005
D
Jefferson Office Park, 820 Turnpike Street, Suite 203, North Andover, MA 01845
BOARD OF APPEALS WWW.SMOLAKVAUCHAN.COM
TOWN OF NORTH ANDOVER FINDING
ZONING BOARD OF APPEALS r
REcEtuEp
jOYCE BRADS AW
NAME: Peter W. Murphy TCIi`-.M GU`off
ADDRESS OF APPEAL: Lot #14 Laconia C i r e l P (Tax M n p I (167R Tyr X 19 )
Procedure & Requirements
for an Application for a Finding
Ten (10) copies of the following information must be
submitted thirty (30) days prior to the first public hearing
Failure to submit the required information within the
time periods prescribed may result in a dismissal by the
The information herein is an abstract of more
specific requirements listed in the Zoning Board
Rules and Regulations and is not meant to
supersede them. The petitioner will complete items
that are underlined
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a Permit Denial form completed by the
Building Commissioner.
STEP 2: FINDING APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a finding. All information as
required in items 1 through and including 11 shall be
completed.
Step 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in section 10, page 4 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests from the Assessors Office a
certified list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and 10 Xerox copies
of all the required information to the Town Clerk's Office
to be certified by the Town Clerk with the time and date
of filing. The original will be left at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
Zoning Board of Appeals secretary.
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise receive.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
Sten 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County, North Registry of Deeds, 381 Common St.,
Lawrence MA, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department.
Lk�idi W Li�iiitf fiiiiiif �iiiti4YN'•���'�iHtiiHiitiiiiiiiitiiNfwiCi►iitiikiiiLiiiiiiiiitisYKiiiitii/tiiiif►tEiitfiiiii�lfiiliiiiilKiii�iKKiiiiflif Giiii7iiitiiriiitNiiq Miiiii
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev & Services
27 Charles Street
North Andover, MA 01845
978-688-9542 fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
D E C E � E` PAGE I of 4
AUG 11 2005
m.n&pn nP APPEALS
978-688-9501 Town Clerk's Office
978-688-9566 Assessor's Office
s-� � � f
��-z
Page 2 of 4 Date & Time stamp
Application for a FINDING
r r
NORTH ANDOVER BOARD OP APPEALS
1. Petitioner: Name, address and telephone number.
Peter W. Murphy (978) 973-9305
4 Red Oak Drive
Plaistow, !NH 038b5
-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:
John Thompson, Trustee of 140 Appleton Street Realty Trust
1725 Great Pond Road (978) 688-0183
North Andover, MA 01845
Years Owned Land: Approx. 10
3. Location of Property:
a. Street: Laconia Circle
Zoning District R-1
b. Assessors: Map number 10 6. B Lot Number: 119
c. Registry of Deeds: Book Number 4 0 6 0 Page Number. 15 3
4. Zoning Sections under which the petition for the Finding is made.
Section 10.4 and Section 7
-Refer to the Permft Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
5. Describe the Finding request:
Pursuant to Section 10.4 of the North Andover Zoning Bylaw and Section 8
of—M.G.L. c.40A, the Petitioner, as an aggrieved person, is appealing the
Building Inspector's denial of a building permit under the provisions of
Section 7 of the North Andover Zoning Bylaw, as affected by Section 6
of M.G.L. c. 4�)A.
'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 Reguwons 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 appocarrt. The decision wNl be limited to the request by the applicard and will not involve
additional Nems not Irxduded above.
6a, Difference from Zoning By -LAW requirements: indicate the dimensions that will not meet current
Zoning By4_aw 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. 4f, 5 Y N /_r_n __ N / A % 95 N � A iii /_ DLL A N_/_L_ N /-A—
B.
A —
g. %
Page 3 of 4Ap plication for a FINDING
NORTH ANDOVER ZONING BOARD OF APPEALS
6. b. Existing Lot:
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
Ti
43,560 43,560 0%
c. Proposed Lot (S):
Frontage Parking
Feet Spaces
% 150 N/A
Minimum Lotset Back `
Front Side A Side B Rear
30 30 30 30
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
43,560 41,760 4 %
150
N/A
30
30 30 30
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
N/A
30
30 30 30
7. a. Existing Buildings:
Ground Floor Number of Total
Use of
Square feet Floors Sq. feet
Building"
N/A N/A N/A
NIA
(none)
'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`
1800 2 3,000 Single Family Residential
'Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building -
FJ
8. Petitioner and Landowner signature (s):
Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be riled 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 re -#in a di missal by the Z!Vrp-Board of this application as incomplete. t
Signature 421 v�
Peter W.
Type above name (s) here
rpViy, \retitioner
ohn Thompson, Trustee of 140
Appleton Street Realty Trust
Zoning Bylaw Denial
Town Of North Andover Building Depalrtrnent
400 Osgood St. North Andover, MA. 01845
Phone 97111,481111-11W Fax 975-GU4542
Street:
J o A A C U/t// A ci o c/
Ma
/042
licartk
Notes
A
C
-Request:
Date:
F
Please be advised that after review of your Application ana dans slot your Appuwauu rb
DENIED for the following Zoning Bylaw reasons:
7nninn —A? — I
--
tttxrt
Notes
Setback Variance
hem
Notes
A
Lot Area
Common WmNay SpeciW Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
q 4S
1
Frontage Insufficient
Earth Removal S I Permit ZBA
2
Lot Area Pree)dsfing
Planned Residential Special Permit
2
Frontage Complies
Special Permit prewdsting nonoonformin
3
Lot Area Complies
3
Preexisting
4
Insufficient Infornwtion
4
Insufficient Information
B
the
5
No access over Frontage
1
Allowed
({ W 5
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
I All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
3
Left Side Insufficient
3
1 Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
S
5
Rear Insufficient
I
Building Coverage
6
Pree)astisetback(s)
1
Coverage exceeds maximum
7
Insufficient Information
2
Cov Complies
P S
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
e S
4
Insufficient Information
2
In Watershed
d
Sign
3
Lot prior to 10/24/94
1
Sign not alMved
4
Zone to be Determined
2
Sign Corriplies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
2
1 Parking Complies
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
Remedy for the above is checked below.
It«n A Special Permits Pimning Board tram #
Variance
Site Plan Review Special Permit
Setback Variance
Access other than Frontage SpecW Permit
Parldng Variance
Tonta7ge Lot SpeaW Permit 4
Lot Area Variance F,,,, A, a F -
Common WmNay SpeciW Permit
Height Variance
Congregate Housing Special Permit
Variance for Sign
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Ind dent Elclerly Housing Permit
SpecjW Permit Non -Conforming Use ZBA
Large Estate Condo Special Permit
Earth Removal S I Permit ZBA
Planned Development Dishict Special Permit
SpeoW Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Soecid Permit
Special Permit prewdsting nonoonformin
Watershed Special Permit
The abm review and atfaGwd opigrahm of such is based on the plans and WonnaWn U&MW. No defssbve revtaw and
or advice shah be boded on verbw foram by tMe applim t nor shall such verbal by the applicard serve to
provide darviibw ansmm Is the Oboe reasons for DENIAL Any ka=maoim n dtmKWV iMomrd im , or Darer subsequent
dwnges to Ore inkrmolisn aubmeted by the apphWit stwtl be gtatnda fa the review to be voided It the discroban of the
Bilchg fit. The dbchdd doadnemt WM 14m Reows $ arrabW shM be sibm ad twefo and rmmp xded herein
by reference. The b AI&V dspilb-0 t wIR rMrn OY parts and docut wdaban far Ow above Me. You must file a now broil WV
pemit aPpiketim roan and bee* the perrM9rg prooess.
Building Department Official Signature
, 7 8 Lof
Applobn Received ApplieWon D6nied
penial Sent :� If Faxed Phone Number/Dote:_.
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
Referred To:
Fire
Health
PoliceLorrin
Board
Conservation
J21,;�
Planning
Historical Commission
Other
/,-S i2� vnrm�
JA C,
S PIG
asp ( S
Jco c c £
A � �
�� alp S
2v �, t A,
/�
o i v� �eJ1Z .E�v
-if C-.
,7 Cf 7`4 4 /Y
a
Q &) 6A k orL-A
, l jdau-erg
Y44
-A
Referred To:
Fire
Health
PoliceLorrin
Board
Conservation
of P.ub is Works
Planning
Historical Commission
Other
BUILDING DEPT
LETTER OF AUTHORIZATION
To whom it may concern:
I, John Thompson, Trustee of 140 Appleton Street Realty Trust, of North Andover,
Massachusetts, do hereby appoint and authorize, Peter Murphy, as my agent and my true and
lawful attorney in fact, to sign and execute on my behalf, any and all applications and to take all
necessary actions, including appearing at any public hearings, with respect to the proposed
development of land located at Laconia Circle in North Andover and construction of a single
family residence on the property, which property is the subject of a purchase and sale agreement
between myself, as seller, and said Peter Murphy, as buyer.
Without limiting the foregoing, the following powers are specifically included:
To execute and deliver to the North Andover Zoning Board of Appeals an application for
a variance and/or to appeal the decision of the building inspector to deny issuance of a building
permit, and to appear before the said Zoning Board and other Town officials with respect to the
proposed development and construction of a single family residence on the property, and to file
any and all other applications, documents or instruments as may be necessary in connection with
such matters.
Executed this 3 day of August, 2005.
hn Thompson, Trudee
TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS
APPLICANT: PETER W. MURPHY
OWNER: JOHN THOMPSON, TRUSTEE OF 140 APPLETON STREET
REALTY TRUST
PROPERTY: LOT #14 LACONIA CIRCLE (ASSESSOR MAP 106B LOT 119)
MEMORANDUM IN SUPPORT OF
APPEAL OF BUILDING INSPECTOR'S DETERMINATION
I. INTRODUCTION
Pursuant to Section 10.4 of the North Andover Zoning Bylaw and Section 8 of M.G.L. c.40A,
Peter W. Murphy, as a person aggrieved, is appealing the Building Inspector's denial of the
issuance of a building permit since the denial issued by the Building Inspector was incorrect, and
should be annulled, so that a building permit can be issued without any requirement for a
variance or other zoning relief. It is noted that, in the alternative, should the Board not agree with
the Applicant's request for relief under this Petition, the Applicant has also filed a petition for a
variance under a separate petition for relief.
H. BACKGROUND
Peter W. Murphy (the "Petitioner" or "Applicant") is the prospective purchaser of the premises
located at Laconia Circle in North Andover and identified as Lot #14 (the "Property") on a plan
entitled "Definitive Plan of Land of Ingalls Crossing Located in North Andover Massachusetts"
dated April 11, 1977 and recorded at the Essex County North District Registry of Deeds on July
13, 1978 as Plan No. 7865 (the "Subdivision Plan"). A Site Plan showing the Property is
attached as Exhibit A. A reduced copy of the Subdivision Plan is attached as Exhibit B.
The owner of the Property is John Thompson, as Trustee of 140 Appleton Street Realty Trust
(the "Trust"). The Trust acquired the Property in a related party transaction from John J.
Thompson and Edith S. Thompson by deed dated June 1, 1994 and recorded at Book 4060, Page
153 of the Essex County North District Registry of Deeds. John J. Thompson and Edith S.
Thompson had originally acquired the Property by deed from Olympic Construction, Inc. dated
May 23, 1979 and recorded at Book 1371, Page 176 of the Essex County North District Registry
of Deeds. The Property was never owned in common ownership with any abutting parcel after
May 23, 1979.
The Property is located in the Residence 1 ("R-1") Zoning District where the use of the Property
for a one family residential dwelling is permitted by right. Amendment to the Zoning Bylaw in
1987 (the "1987 Amendment"), however, resulted in an increase in the frontage requirement for
the Property from 150 feet to 175 feet, and in increase in the minimum lot area requirement for
the Property from one acre to two acres. The Property complied with applicable lot area and
frontage requirements prior to the 1987 Amendment but fails to conform with the current
frontage and lot area requirements for the R-1 District.
On or about July 14, 2005, the Applicant applied for a building permit to allow for the erection
of a one family residential dwelling. On or about July 28, 2005, the Building Inspector issued a
denial of the building permit. As the basis for denial, the Building Commissioner determined
that the proposal did not comply with the requirements of Section 7 and Table 2 of the Zoning
Bylaws and that a Variance for lot area and street frontage was required to erect the structure. A
copy of the Building Inspector's Denial is attached as Exhibit C.
III. BASIS FOR APPEAL
The Building Inspector's denial was incorrect, and should be annulled, because the
provisions of the Zoning Bylaw cited by the Building Inspector do not account for the so-called
Residential Lot Exemption under Section 6 of the State Zoning Act, M.G.L. c.40A §6. The basis
for the Petitioner's appeal is as follows:
1. Article 7 and Table 2 of the North Andover Zoning Bylaw describe the dimensional
requirements for structures in all Zoning Districts, including frontage requirements and
lot area requirements for the R-1 District.
2. As the basis for denial, the Building Inspector cited to Section 7 and Table 2 of the
Zoning Bylaw and stated that "A variance for lot area and street frontage is required
through the Zoning Board of Appeals for this proposal as the area and street frontage do
not meet today's zoning requirement."
3. However, the first sentence of paragraph 4 of M.G.L. c.40A §6 provides for a single
residential lot exemption (the "Residential Lot Exemption") which freezes certain
dimensional requirements, notwithstanding any contrary provisions subsequently adopted
by the Zoning Bylaw. 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."
4. Accordingly, the test for whether a zoning freeze under the Residential Lot Exemption
applies is whether the lot in question was identified as a lot in separate ownership from
adjoining lots by deed or any other instrument recorded prior to the effective date of the
zoning change (i.e., the 1987 Amendment).
5. In this case, as a result of a definitive subdivision approval in 1978 and conveyance of the
subject lot to an unrelated buyer by deed recorded in 1979, the residential lot was in
separate ownership and was in compliance with zoning prior to the 1987 zoning change.
Further, the Property is at least 5,000 SF and has greater than 50 feet of frontage as
required under the Residential Lot Exemption.
6. As such, the Property is a buildable lot qualifying for the Residential Lot Exemption
under M.G.L. Chapter 40A §6, despite the frontage and minimum lot size changes arising
by subsequent amendment of the Zoning Bylaw. Accordingly, a variance is not required
and a building permit should issue by right for the Property.
7. Therefore, since the Building Inspector did not consider the effect of the first sentence of
paragraph 4 of M.G.L. c.40A §6 to limit the applicability of certain subsequently enacted
dimensional requirements (namely area and frontage requirements), no zoning relief is
required to approve the construction of a single family residence on the Property as
proposed and so a building permit should be issued by the Building Inspector.
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 annul the decision of the
Building Inspector as requested above, and allow the building permit to issue and a proposed one
family residential structure to be erected without the need for a variance or other zoning relief.
Respectfully submitted,
PETER W. MURPHY
By his attorney,
Brian G. Vaughan, Esq.
SMOLAK & VAUGHAN LLP
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
(978) 327-5217
Abutter to Abutter ( x ) Building Dept. ( ) Conservation ( ) Zoning (
Town of North Andover
Abutters Listinq
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 oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town"
Subiect Prope
MAP
PARCEL
Name
Address
106.B
119
John Thompson Trustee
140 Appleton
North Andover, MA 01845
Abutters Properties
MAP
PARCEL
Name
Address
105.D
148
Shawn Slattery
55 Equestrian Drive
North Andover, MA 01845
105.D
150
Timothy Hart
71 Laconia Circle
North Andover, MA 01845
105.D
151
Robert King
81 Laconia Circle
North Andover, MA 01845
105.D
152
William Engstrom
85 Laconia Circle
North Andover, MA 01845
105.D
153
Harold Otto
44 Laconia Circle
North Andover, MA 01845
105.D
154
Bruce Letwin Trustee
52 Laconia Circle
North Andover, MA 01845
105.D
155
Vijay Kathuria
68 Laconia Circle
North Andover, MA 01845
106.B
113
John Mahoney
76 Olympic Lane
North Andover, MA 01845
106.B
114
Frederick Kulik
8 Laconia Circle
North Andover, MA 01845
106.B
115
Rich Harrold
20 Laconia Circle
North Andover, MA 01845
106.B
117
Richard McLaughlin
148 Crossbow Lane
North Andover, MA 01845
106.B
118
Michael Prendergast
13 Laconia Circle
North Andover, MA 01845
106.B
120
James Richards
7 Laconia Circle
North Andover, MA 01845
106.B
121
Ferdinand Von Kummer
110 Olympic Lane
North Andover, MA 01845
106.B
122
John Haroian
122 Olympic Lane
North Andover, MA 01845
106.B
123
Deborah Feltovic
134 Olympic Lane
North Andover, MA 01845
106.B
137
Bradley Wyard
107 Olympic Lane
North Andover, MA 01845
106.B
138
Frank Rauschen
95 Olympic Lane
North Andover, MA 01845
106.B
139
Paul Finn
83 Olympic Lane
North Andover, MA 01845
106.B
140
Christopher Hanle
71 Olympic Lane
North Andover, MA 0184f
1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
� 60
Certified b Date "
EXHIBIT A
SITE PLAN
EXHIBIT B
ORIGINAL SUBDIVISION PLAN
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EXHIBIT C
BUILDING INSPECTOR'S DENIAL
Copy enclosed with Application to which this Memorandum is attached.
ABUTTERS LIST
Abutter to Abutter ( x ) Building Dept. ( ) Conservation ( ) Zoning (
Town of North Andover
Abutters Listing
REQUIREMENT: MGI.40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town."
Subject Property:
MAP
PARCEL
Name
Address
4140
106.B
119
John Thompson Trustee
lrefYV, %
Appleton °l-Jb'o�'
North Andover, MA 01845
Abutters Properties
MAP
PARCEL
Name
Address
105.D
148
Shawn Slattery
u35 Equestrian Drive
North Andover, MA 01845
105.D
150
Timothy Hart
1i?1 Laconia Circle
North Andover, MA 01845
105.D
151
Robert King
V8"1 Laconia Circle
North Andover, MA 01845
105.D
152
William Engstrom
X8'5 Laconia Circle
North Andover, MA 01845
105.D
153
Harold Otto
✓�'4 Laconia Circle
North Andover, MA 01845
105.D
154
Bruce Letwin Trustee
p& Laconia Circle
North Andover, MA 01845
105.D
155
Vijay Kathuria
L,48 Laconia Circle
North Andover, MA 01845
106.6
113
John Mahoney
u.76 Olympic Lane
North Andover, MA 01845
106.B
114
Frederick Kulik
v� Laconia Circle
North Andover, MA 01845
106.B
115
Rich Harrold
V20 Laconia Circle
North Andover, MA 01845
106.B
117
Richard McLaughlin
X48 Crossbow Lane
North Andover, MA 01845
106.B
118
Michael Prendergast
ila Laconia Circle
North Andover, MA 01845
106.B
120
James Richards
\,7 Laconia Circle
North Andover, MA 01845
106.B
121
Ferdinand Von Kummer
\/t 10 Olympic Lane
North Andover, MA 01845
106.B
106.B
122
123
John Haroian
Deborah
Lrl-22 Olympic Lane
(V\f,d134
North Andover, MA 01845
Feltovic
Olympic Lane
North Andover, MA 01845
106.8
137
Bradley Wyard
L,+07 Olympic Lane
North Andover, MA 01845
106.B
138
Frank Rauschen
`-% Olympic Lane
North Andover, MA 01845
106.B
139
Paul Finn
—83 Olympic Lane
North Andover, MA 01845
106.B
140
Christopher Hanle
�_71 Olympic Lane
North Andover, MA 01845
1 of 1
This certifies
that the names appearing on the
L/
records
of the Assessors Office as of
Certified b
_Date
PAGE 4 of 4
9. WRITTEN DOCUMENTATION
Application for a Finding must be supported by a legibly
written or typed memorandum setting forth in detail all
facts relied upon. When requesting a finding from the
requirements of MGLA ch. 40A, and the North Andover
Zoning By-laws, all dimensional requirements shall be
clearly identified and factually supported. Each point,
A -C individually, is required to be addressed with
this application.
A. The particular use proposed for the land or
structure.
B. Fact(s) relied upon to support a Finding that the
proposed extension or alteration shall not be more
substantially detrimental than the existing non-
conforming use.
C. Address all appropriate details of the Building
Commissioner's denial.
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
appeals.
FINDING
*10 C. *Features To Be Included On Plan:
1) Site Orientation shall include:
1. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed st ucture
7. deed restrictions, easements.
In Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and designer or
surveyor.
10 D. Minor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisks (*). In some cases further information may
be required
A set of building elevation plans by a Registered
Architect may be required when the application involves
new construction/conversion/ and/or a proposed change
11. APPLICATION FILING FEES
in tlse.
A Notification fees: Applicant shall provide a
check or money order to: "Town of North Andover -
10 A. Major Projects
#022-1760-4841' for the cost of first class, certified,
Major projects are those which involve one of the
return receipt ($4.42 as of November 2003) x # of all
following whether existing or proposed:
Parties in interest identified in MGLA ch. 40A §11 on the
I) five or morerkin g sus'
abutter's list for the legal notice check Also, the
II) three (3) or more dwelling units,
applicant shall supply first class postage stamps
III) 2000 square feet of building area.
(currently 37¢) x the # of parties of interest on the
abutter's list for the decision mailing.
Major Projects shall require that in addition to the 108 &
C features, plans must show detailed utilities, soils, and
B. Mailing labels: Applicant shall provide four (4)
topographic information.
sets of mailing labels no larger than 1")Q-518' (3 copies
for the Legal mailing and one copy for the Decision
*10. B. *Plan Specifications:
mailing).
C. Administrative fee of $50.00 per application.
t) Size of plan: Ten (10 ) paper copies of a plan
not to exceed 11"x17", preferred scale of 1"=40'
II) One (1) Mylar.
III) Plan prepared by a Registered Professional
Engineer and/or Land Surveyor, with a block for
five (5) ZBA signatures and date indicated on the
Mylar.
LETTER OF AUTHORIZATION
To whom it may concern:
I, John Thompson, Trustee of 140 Appleton Street Realty Trust, of North Andover,
Massachusetts, do hereby appoint and authorize, Peter Murphy, as my agent and my true and
lawful attorney in fact, to sign and execute on my behalf, any and all applications and to take all
necessary actions, including appearing at any public hearings, with respect to the proposed
development of land located at Laconia Circle in North Andover and construction of a single
family residence on the property, which property is the subject of a purchase and sale agreement
between myself, as seller, and said Peter Murphy, as buyer.
Without limiting the foregoing, the following powers are specifically included:
To execute and deliver to the North Andover Zoning Board of Appeals an application for
a variance and/or to appeal the decision of the building inspector to deny issuance of a building
permit, and to appear before the said Zoning Board and other Town officials with respect to the
proposed development and construction of a single family residence on the property, and to file
any and all other applications, documents or instruments as may be necessary in connection with
such matters.
Executed this 3 day of August, 2005.
P4,0,t't�
hn Thompson, Tru ee
NAME:
TOWN OF NORTH ANDOVER
ZON
ING BOARD OF APPEALS
oi"ik�- b-, ILLI U,,c Ji 1 t C,1
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be
submitted thirty (U days prior to the first public hearing.
Failure to submit the required information within the time
periods prescribed may result in a dismissal by the
Zoning Board of an application as incomplete
The information herein is an abstract of more
specific requirements listed in the Zoning Board
Rules and Regulations and is not meant to
supersede them. The petitioner will complete items
that are underlined
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receivers
a Zoning Bylaw Denial form completed by the Building
Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Variance. All information as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in page 4, section 10 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessor's Office to compile
a certified list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and ten (10) Xerox
copies of all the required information to the Town Clerk's
Office to be certified by the Town Clerk with the time and
date of filing. The original will be left at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
Zoning Board of Appeals secretary.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services
27 Charles Street, North Andover, MA
01845
978-688-9542 fax for Community Development offices
D E-978-688;9545; Building Department
41 t
ing Board of Appeals Office
9-6$8=9
AUG 11 2005
BOAFJ nF APoFQI c
RECEIVED
YCE BRADSHAW
VARIANCt 1 I't`RK
(77ix h, _ 106e -to i
Town Clerk Time Stamp
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules the
applicant for a hearing date and prepares the legal notice
for mailing to the parties in interest (abutters) and for
publication in the newspaper. The petitioner is notified
that the legal notice has been prepared and the cost of
the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petition, the Board shall decide on the matter by using
the information it has received to date.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A § 17, within twenty (20) days after
the decision is filed with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision, the Mylar, and any accompanying plans at
the Essex County, North Registry of Deeds, 381
Common St., Lawrence MA, and shall complete the
Certification of Recording form and forward it to the
Zoning Board of Appeals and to the Building Department
PAGE 1 of 4
North Andover Town Hall
120 Main Street
(Temporary Town Hall — 400 Osgood Street)
978-688-9501 Town Clerk's Office
978-688-9566 Assessor's Office
PAGE 2OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
1. Petitioner: *Name, *Address and telephone number:
*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:
LID 4 -A► -let U S� L.,1 est
t Q Cl,, IPt4+ W11C) iL1aCi q7 - 4P5; t9
N + \ >J0,)-., , 1 i 9, q S`�
Years Owned Land:
3. Location of Property:
a. Street: L- Ae&u j A C 1,ze, /e Zoning District: IZ _
b. Assessors: Map number: I No C Lot Number: I l q
c. Registry of Deeds: Book Number: (106 o Page Number: 153
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
&-cliciv -7 7 6l k-1
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance request:
The above. description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly
may result In a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not involve addhkmW Itn. 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
tv
Az8L')6611V1,q 7A_ X14
B. %
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
<. ..— J..�,_. �.E����X46.: �b+�_+.G 2..;. _� . ruA-�"ir^, �%�. .. ,-i.!•..�,..,-..t_c s_ ,., � ns -'..Y _, ,. _. .... ..., -. -
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
10
i5O
�,
0 30 3O
c�
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
c
l SCS
3 G '30
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.CoverageCoverage
Feet
Spaces
Front Side A Side B
Rear
8700 �V V
1-75-
-30 3 L; 30
30
7A. Existing Building(s):
Ground Floor Number of Height
Total
Use of
Number
Square feet Floors
Sq. feet
Building'
of Units*"
0 O
D
A04
-4
"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"
I a
30co
ees; Ap-. 'i
f o(vtc
.30
6SiN4-:E .=.FAIL'%,
*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
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal byjhe Zoning Board of this application as incomplete.
f
PX22 ( ), kU'v'-In�,C4 % 0
s
�i v,5 -, 7Fe q, 4",t -t j-,1 r
Ma�TN
Zoning Bylaw Denial
w Town Of North Andover Building Department
400 Osgood St. North Andover, MA. 01845
Phone 97"U -MO Fax 97"U4U2
Street
OL AA C a4llA C', o e
Notes
Setback Variance
Applicant
e e T o .^ L )00,- v h �V 7 U� 5.u tJ
Request
C S N 5-j r^" C-s c cJ /L . n om
Date:
F
Please be advised that after review of your Application ana Pians mai your APPrU+avar If,
DENIED for the following Zoning Bylaw reasons:
7nninn -P— /
ReMedv for the above is checked helnw
Item A Special Permits Planning Board Kern df
item
Notes
Setback Variance
Haan
Notes
A
Lot Area
Common D Special Permit
F
Frontage
Variance for sign
1
Lot area Insufficient
q 4S
1
Frontage Insufficient
�1e S
2
Lot Area Preexisting
Planned Residential Special Permit
2
Frontage Complies
Special Permit preadsting nonconforming
3
Lot Area Complies
3
Preexisting e
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
1 Use Preexisting
2
Complies
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
1 Complies
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
�5
5
Rear Insufficient
I
Building Coverage
6
Preexists setback(s)
1
Coverlige exceeds maximum
7
Insufficient Information
2
Coverage Complies
ej, e S
D
Waterstwd
3
Coverage Preexisting
1
Not in Watershed
t? S
4
1 Insufficient Information
2
In Watershed
d
Sign
IV 1,4
3
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
4A
1
In District review required
1
I More Parking Required
2
1Not in district
1
2
Parking Complies
3
1 Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
ReMedv for the above is checked helnw
Item A Special Permits Planning Board Kern df
Variance
Site Plan Review Special Permit
Setback Variance
Access other than Frontage Special Permit
Parking Variance
Frontage Exception Lot Special Permit /.i
Lot Area Variance Fr o Al t a G F -
Common D Special Permit
Height Variance
Congregate Housina Special Permit
Variance for sign
Continuing Care Retirement Special Permit
S mal Permits Zoning Board
Independent Oderly Housing Special Permit
Special Permit Non -Conforming Use ZBA
Large Estate Condo Special Permit
Earth Removal Special Permit ZBA
Planned Deve4ment District special Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special Permit preadsting nonconforming
Watershed S " I Permit
The above enew and altaGred egiensbm of such Is based on the plans and iM rnistim submitted. No definitive review and
or advice shale be basad en verbal 60sr1111ma by the applicant mar shell such verbal eorIarra'" by the appbm serve to
Provide definitive wOms to the above rowans for DENIAL. Any irwa uscies, rtteleadiig idamrpon, or ottiw subsequent
changes to the it bMWon WAMMed by the q*hcent shed be gnasrds for this review m be voided at the disc et of the
Building DeWbTwt The albchad doQuad bled 140 Review "Narrative' shad be attached hereto and ncorporated herein
by refaerice. The budding d win ent wa retain ad pone and docurre dWw ror aha above Ice. You must fie a row ixilbng
PffW apPicafim form and begin the pmrift process.
111"'d /,( �l ..
Building Department Official Signature
'7//q(/,,5- % -�B lof
Applipblion Received ApplWation 136nied
Denial Sent: If Faxed Phone Numbef/Dete,,--,
Plan Review Narrative
The following narrative is provided to further e)(Plain the reasons for denial for the applicatioN
permit for the property indicated on the reverse side:
Referred To:
Fire
Heatth
Police_.,Z'Zoning
Board
IA/0
,fir
Planning
1t 14
f'•� �.� � a
BUILDING DEPT
( 'l N 0222
G c
C
'.0 �2
C'J �c� ' .S
�(J •(J r .ti
ra 4 l
a
Referred To:
Fire
Heatth
Police_.,Z'Zoning
Board
Conservation
Deparbnent of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
LETTER OF AUTHORIZATION
To whom it may concern:
I, John Thompson, Trustee of 140 Appleton Street Realty Trust, of North Andover,
Massachusetts, do hereby appoint and authorize, Peter Murphy, as my agent and my true and
lawful attorney in fact, to sign and execute on my behalf, any and all applications and to take all
necessary actions, including appearing at any public hearings, with respect to the proposed
development of land located at Laconia Circle in North Andover and construction of a single
family residence on the property, which property is the subject of a purchase and sale agreement
between myself, as seller, and said Peter Murphy, as buyer.
Without limiting the foregoing, the following powers are specifically included:
To execute and deliver to the North Andover Zoning Board of Appeals an application for
a variance and/or to appeal the decision of the building inspector to deny issuance of a building
permit, and to appear before the said Zoning Board and other Town officials with respect to the
proposed development and construction of a single family residence on the property, and to file
any and all other applications, documents or instruments as may be necessary in connection with
such matters.
Executed this 0 day of August, 2005.
hn Thompson, Tru ee
TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS
APPLICANT: PETER W. MURPHY
OWNER: JOHN THOMPSON, TRUSTEE OF 140 APPLETON STREET
REALTY TRUST
PROPERTY: LOT #14 LACONIA CIRCLE (ASSESSOR MAP 106B LOT 119)
MEMORANDUM IN SUPPORT OF APPLICANT'S REQUEST FOR VARIANCE
I. INTRODUCTION
Pursuant to Section 10.4 of the North Andover Zoning Bylaw, Peter W. Murphy, having been
denied the issuance of a building permit by the Building Inspector, requests that a variance or
other zoning relief be granted to permit the construction of a one family residential dwelling on
property which fails to conform with current frontage and area requirements. It is noted that the
Applicant believes that he has independent grounds to contest the denial of a building permit,
and has filed a separate application to obtain a finding with respect to such matter, but should the
Board determine that the Building Inspector's denial of a building permit should not be
overturned, then the Petitioner requests the Board to grant the requested variance described in
this Petition.
II. BACKGROUND
Peter W. Murphy (the "Petitioner" or "Applicant") is the prospective purchaser of the premises
located at Laconia Circle in North Andover and identified as Lot #14 (the "Property") on a plan
entitled "Definitive Plan of Land of Ingalls Crossing Located in North Andover Massachusetts"
dated April 11, 1977 and recorded at the Essex County North District Registry of Deeds on July
13, 1978 as Plan No. 7865 (the "Subdivision Plan"). A Site Plan showing the Property is
attached as Exhibit A. A reduced copy of the Subdivision Plan is attached as Exhibit B.
The owner of the Property is John Thompson, as Trustee of 140 Appleton Street Realty Trust
(the "Trust"). The Trust acquired the Property in a related party transaction from John J.
Thompson and Edith S. Thompson by deed dated June 1, 1994 and recorded at Book 4060, Page
153 of the Essex County North District Registry of Deeds. John J. Thompson and Edith S.
Thompson had originally acquired the Property by deed from Olympic Construction, Inc. dated
May 23, 1979 and recorded at Book 1371, Page 176 of the Essex County North District Registry
of Deeds. The Property was never owned in common ownership with any abutting parcel after
May 23, 1979.
The Property is located in the Residence 1 ("R-1") Zoning District where the use of the Property
for a one family residential dwelling is permitted by right. Amendment to the Zoning Bylaw in
1987 (the "1987 Amendment"), however, resulted in an increase in the frontage requirement for
the Property from 150 feet to 175 feet, and in increase in the minimum lot area requirement for
the Property from one acre to two acres. The Property complied with applicable lot area and
frontage requirements prior to the 1987 Amendment but fails to conform with the current
frontage and lot area requirements for the R-1 District.
On or about July 14, 2005, the Applicant applied for a building permit to allow for the erection
of a one family residential dwelling. On or about July 28, 2005, the Building Inspector issued a
denial of the building permit. As the basis for denial, the Building Commissioner determined
that the proposal did not comply with the requirements of Section 7 and Table 2 of the Zoning
Bylaws and that a Variance for lot area and street frontage was required to erect the structure. A
copy of the Building Inspector's Denial is attached as Exhibit C.
III. BASIS FOR VARIANCE
The Applicant's proposed variance meets all of the conditions for granting of a variance.
The basis for the Petitioner's appeal is as follows.
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. It is noted that to the rear of the parcel on adjacent land (as can be seen by
reference to sheets 5 and 6 of the Subdivision Plan) there is a 200' utility
easement.
b. The rear areas of the Property are believed to contain areas of rock and ledge.
C. All adjacent parcels are fully developed with single family residences and are
fully utilized and have been since the time of rezoning. It is noted that the R-1
zone, however, encompasses substantial areas with large tracts of land, and most
of which areas were not so fully developed to full density as this Property.
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 area and frontage
requirements of the Zoning Bylaw will involve substantial hardship, financial or
otherwise, to the Applicant. For instance, other parcels in the district are not
"landlocked" with a utility easement or with fully utilized and developed lots, which
makes the ability to expand the lot, in this case, to conform with zoning impractical if not
impossible. The property has been taxed and was purchased considering valuation as a
building lot, and the lot owner will suffer significant financial hardship if deprived of its
value and investment.
3. The relief sought will be desirable and without substantial detriment to the public good.
The lot and structure, while not conforming with the current bylaw will be conforming in
all respects with all other lots in the neighborhood. All property owners in the
development should reasonably have expected that the property would eventually be
developed.
4. Allowing the construction of a home on the Property will not derogate from the intent or
purpose of the Zoning Bylaw because it will allow development that is consistent with
and in keeping with the development of other properties in the neighborhood. The use is
a permitted use and the lot size and frontage is consistent with all other adjacent and
nearby lots. Further, frontage requirements are intended to impose density controls and to
a lesser extent highway safety controls. In this case, the density of the neighborhood is
long established with the subject Property included in the master planning and scheme for
the neighborhood. With respect to any highway safety issues there are ample sight lines
and no traffic concerns in the setting of this development that would be impacted by the
reduced frontage.
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 allow the Property to be a buildable lot such that a one family residential structure may be
erected thereon.
Respectfully submitted,
PETER W. MURPHY
By his attorney,
t - IA�
Brian G. Vaugha , Esq.
SMOLAK & VAUGHAN LLP
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
(978) 327-5217
EXHIBIT A
SITE PLAN
EXHIBIT B
ORIGINAL SUBDIVISION PLAN
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EXHIBIT C
BUILDING INSPECTOR'S DENIAL
Copy enclosed with Application to which this Memorandum is attached.
ABUTTERS LIST
Abutter to Abutter ( x ) Building Dept. ( ) Conservation ( ) Zoning (
REQUIREMENT:
Subject Property:
MAP PARCEL
106.8 119
Abutters Properties
MAP
PARCEL
105.D
148
105.D
150
105.D
151
105.D
152
105.D
153
105.D
154
105.D
155
106.B 113
106.B 114
106.B 115
106.B 117
106.B 118
106.B 120
106.8 121
106.B 122
106.B 123
106.B 137
106.B 138
106.8 139
106.B 140
Town of North Andover
Abutters Listing
MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town"
Name
John Thompson Trustee
Name
Shawn Slattery
Timothy Hart
Robert King
William Engstrom
Harold Otto
Bruce Letwin Trustee
Vijay Kathuria
John Mahoney
Frederick Kulik
Rich Harrold
Richard McLaughlin
Michael Prendergast
James Richards
Ferdinand Von Kummer
John Haroian
Deborah Feltovic
Bradley Wyard
Frank Rauschen
Paul Finn
Christopher Hanle
This certifies that the names appearing on the
records of the Assessors Office as of
f pe
Certified b . Date
Address
140 Appleton
Address
55 Equestrian Drive
71 Laconia Circle
81 Laconia Circle
85 Laconia Circle
44 Laconia Circle
52 Laconia Circle
68 Laconia Circle
76 Olympic Lane
8 Laconia Circle
20 Laconia Circle
148 Crossbow Lane
13 Laconia Circle
7 Laconia Circle
110 Olympic Lane
122 Olympic Lane
134 Olympic Lane
107 Olympic Lane
95 Olympic Lane
83 Olympic Lane
71 Olympic Lane
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
1 of 1
8. 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. 10.4 and
the North Andover Zoning By-laws, all dimensional
requirements shall be clearly identified and factually
supported. All points, A -F, are required to be
addressed with this application.
A. The particular use proposed for the land or
structure.
B. The circumstances relating to soil conditions, shape
or topography of such land or structures especially
affecting the property for which the Variance is
sought which do not affect generally the zoning
district in which the property is located.
C. Facts which make up the substantial hardship,
financial or otherwise, which results from literal
enforcement of the applicable zoning restrictions
with respect to the land or building for which the
variance is sought.
D. Facts relied upon to support a finding that relief
sought will be desirable and without substantial
detriment to the public good.
E. Facts relied upon to support a finding that relief
sought may be given without nullifying or
substantially derogating from the intent or purpose
of the Ordinance.
F. Submit RDA from Conservation Commission when
Continuous Buildable Area is applied for in ZBA
application.
10. PLAN OF LAND
Each application to the Zoning Hoard of Appeals shall
be accompanied by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation plans by a Registered
Architect may be required when the application
Involves new consversion/ and/or a
proposed change In use.
10. A. Major Projects
Major projects are those, which involve one of the
following whether existing or proposed:
1) five (5) or more parking spaces,
D) three (3) or more dwelling units,
U1) 2,000 square feet of building area.
Major Projects shall require, that in addition to the 10B &
10C features, that the plans show detailed utilities, soils,
and topographic information.
VARIANCE
*10. S. *Plan Specifications:
1) Size of plan: Ten (10 ) paper copies of a plan
not to exceed 11 "x17", preferred scale of 1"=w
H) One (1) Mylar.
1H) Plan prepared by a Registered Professional
Engineer and/or Land Surveyor, with a block for
five (5) ZBA signatures and date indicated on the
Mylar.
*10 C. *Features To Be Indicated On Plan:
1) She Orientation shall Include:
1. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
8. locations of buildings on adjacent properties
within 5(r from applicants proposed stricture
7. deed restrictions, easements.
H) Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
8. Names addresses and phone numbers of the
applicant, owner or record, and designer of
surveyor.
10 D. Mirror Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisk (*). In some cases further information may
be required.
11. APPLICATION FILING FEES
11. A. Notification fees: Applicant shall provide a
check or money order to: -Town of North Andover -
#022-1780.4841' for the cost of first class, certified,
return receipt ($4.42 as of November 2003) x # of all
parties in interest identified in MGLA ch. 40A §11 on the
abutters list for the legal notice check. Also, the
applicant shall supply first class postage stamps
(cunfently 37$) x the # of parties of interest on the
abutters list for the decision mailing.
11. B. Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than 1'x2-5/8' (3 copies
for the Legal, and one copy for the Decision mailing).
11. C. Administrative fee of $50.00 per application.
4 A Variance once granted by the ZBA will lapse In
1 (one) year If not exercised and a new petition must
be submitted.+
Zoning Bylaw Denial
4 Town Of North Andover Building Department
400 Osgood St North Andover, MA. 01845
• ; ._��..
Phone 8784x3-9545 Fax 976.633.6542
Street: 7 v �. A C UNC -4 C'i ,� e i �—
Date:
Plane be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
tonin
hem
A Lot Area
1 Lot area Insufficient
Notes
S
F
1
Item
Frontage
Frontage Insufficient
Notes
5
2
Lot Area Preexisting
Height Veriarm
2
Frontage Complies
Continuing Care Retirement Special Permit
Independent Elderly Housing Special Permit
3
Lot Area Compiles
Earth Removal Special Permit ZBA
3
Preexisting frontage
Planned Residential Special Permit
4
Insufficient Information
Special Permit preexisting nonconforming
4
Insufficient Information
B
use
s
No access over Frontage
1
Allowed
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
4
Use Preexisting
Special Permit Required
2
3
Complies
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
3
4
Left Side Insufficient
Right Side Insufficient
3
4
PreeXiSting Height
Insufficient Information
P S
5
Rear Insufficient
I
Building Coverage
6
7
Preexists setback(s)
Insufficient Information
1
2
Coverage exceeds maximum
Coverage Complies
Gt S
D
Watershed
3
Coverage Preexisting
1
2
Not in Watershed
In Watershed
tf 5
4
J
Insufficient information
Sign
1,4;
3
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient lnfomtation
3
1 Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parks Required
2
Not in district
2
Parks Complies
3
Insufficient Information
3
Insufficient Information
4
Pre-exiding Parking
oAk"Mako4vofor the above is checked *&.
Items S ial Permits Planning Board Item s
Variance
Site Plan Review Special Permit
Setback Variance
Access other than Frontage Special Permit
Frontage Exwpfion Lot Special Permit A-
Parldng Variance
Lot Area Variance 7= ago T� a G F—
Common Driveway Special Permit
Height Veriarm
Congregate Housing Special Permit
Variance for Sian
Continuing Care Retirement Special Permit
Independent Elderly Housing Special Permit
Spacial Permits Zoning Board
Special Permit NorW"ftming Use ZBA
Large Estate Condo Special Permit
Earth Removal Special Permit ZBA
Planned District Special Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special Permit preexisting nonconforming
Watershed Special Permit
The above raisw and attadned orelsna'in of such is based on the pians and inforndion But 0 . No del%*ve review and
or advice shah be busd an vwW mipWallm by the applicant nor "such verbal SOV06M by the aWicant serve to
provide ddrnitlre answers to fns @bore reasons for DENIAL. Any inacaraciss, reislsadino Yntar,nft , or other subsequent
clwrgas to tto lifterMw subrmllfad by the applicant shell be pounds for this review 1D be voided A the discretion of tree
Bonding Deparbnert. The dtachad docnmart tiled I%n Review Ner OW shall be attachd tweb and ir-orp m d - A herein
by reference. The Wk&q dspatnwt wo rst@ire d pians and docunatation for the above 1Ns. You must lite anew Wli ft
perm application form and boon the pareltlitg pmaosas.
i
Wilding Department Official Signature
"7//
Applodion Rdceived
Denial Sent: If Faxed Phone Number(Qato;
/7
kfition 136nied
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
Referred To:
Fire
Health
Police
Zoning Board
l
� O
/ r -e
Historical Commission
A,'
BUILDING DEPT
S 12� vrpo�
1/0 �lC
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0 2 t�
Q,1v /U& 4-
I�u�� s
2�-,
e v r ve.�t •vv�
S -f C
WA-) d
At�ofvv-erC
Referred To:
Fire
Health
Police
Zoning Board
Conservation
Deparbmmt of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
John Thompson, Trustee
140 Appleton Street
North Andover, MA 01845
Shawn Slattery
55 Equestrian Drive
North Andover, MA 01845
Timothy Hart
71 Laconia Circle
North Andover, MA 01845
Robert King
81 Laconia Circle
North Andover, MA 01845
William Engstrom
85 Laconia Circle
North Andover, MA 01845
Harold Otto
44 Laconia Circle
North Andover, MA 01845
Bruce Letwin, Trustee
52 Laconia Circle
North Andover, MA 01845
Vijay Kathuria
68 Laconia Circle
North Andover, MA 01845
John Mahoney
76 Olympic Lane
North Andover, MA 01845
Frederick Kulik
8 Laconia Circle
North Andover, MA 01845
I
Rich Harrold
20 Laconia Circle
North Andover, MA 01845
Richard McLaughlin
148 Crossbow Lane
North Andover, MA 01845
Michael Pendergast
13 Laconia Circle
North Andover, MA 01845
James Richards
7 Laconia Circle
North Andover, MA 01845
Ferdinand Von Kummer
110 Olympic Lane
North Andover, MA 01845
John Haroian
122 Olympic Lane
North Andover, MA 01845
Deborah Feltovic
134 Olympic Lane
North Andover, MA 01845
Bradley Wyard
107 Olympic Lane
North Andover, MA 01845
Frank Rauschen
95 Olympic Lane
North Andover, MA 01845
Paul Finn
83 Olympic Lane
North Andover, MA 01845
i
i
I
Christopher Hanle
71 Olympic Lane
North Andover, MA 01845
II
John Thompson, Trustee Rich Harrold
140 Appleton Street 20 Laconia Circle
North Andover, MA 01845 North Andover, MA 01845
Shawn Slattery Richard McLaughlin
55 Equestrian Drive 148 Crossbow Lane
North Andover, MA 01845 North Andover, MA 01845
Timothy Hart Michael Pendergast
71 Laconia Circle 13 Laconia Circle
North Andover, MA 01845 North Andover, MA 01845
Robert King James Richards
81 Laconia Circle 7 Laconia Circle
North Andover, MA 01845 North Andover, MA 01845
William Engstrom Ferdinand Von Kummer
85 Laconia Circle 110 Olympic Lane
North Andover, MA 01845 North Andover, MA 01845
Harold Otto John Haroian
44 Laconia Circle 122 Olympic Lane
North Andover, MA 01845 North Andover, MA 01845
Bruce Letwin, Trustee Deborah Feltovic
52 Laconia Circle 134 Olympic Lane
North Andover, MA 01845 North Andover, MA 01845
Vijay Kathuria
Bradley Wyard
68 Laconia Circle
107 Olympic Lane
North Andover, MA 01845
North Andover, MA 01845
John Mahoney
Frank Rauschen
76 Olympic Lane
95 Olympic Lane
North Andover, MA 01845
North Andover, MA 01845
Frederick Kulik Paul Finn
8 Laconia Circle 83 Olympic Lane
North Andover, MA 01845 North Andover, MA 01845
i
Christopher Hanle
71 Olympic Lane
North Andover, MA 01845
John Thompson, Trustee
140 Appleton Street
North Andover, MA 01845
Shawn Slattery
55 Equestrian Drive
North Andover, MA 01845
Timothy Hart
71 Laconia Circle
North Andover, MA 01845
Robert King
81 Laconia Circle
North Andover, MA 01845
William Engstrom
85 Laconia Circle
North Andover, MA 01845
Harold Otto
44 Laconia Circle
North Andover, MA 01845
Bruce Letwin, Trustee
52 Laconia Circle
North Andover, MA 01845
Vijay Kathuria
68 Laconia Circle
North Andover, MA 01845
John Mahoney
76 Olympic Lane
North Andover, MA 01845
Frederick Kulik
8 Laconia Circle
North Andover, MA 01845
Rich Harrold
20 Laconia Circle
North Andover, MA 01845
Richard McLaughlin
148 Crossbow Lane
North Andover, MA 01845
Michael Pendergast
13 Laconia Circle
North Andover, MA 01845
James Richards
7 Laconia Circle
North Andover, MA 01845
Ferdinand Von Kummer
110 Olympic Lane
North Andover, MA 01845
John Haroian
122 Olympic Lane
North Andover, MA 01845
Deborah Feltovic
134 Olympic Lane
North Andover, MA 01845
Bradley Wyard
107 Olympic Lane
North Andover, MA 01845
Frank Rauschen
95 Olympic Lane
North Andover, MA 01845
Paul Finn
83 Olympic Lane
North Andover, MA 01845
Christopher Hanle
71 Olympic Lane
North Andover, MA 01845
John Thompson, Trustee
140 Appleton Street
North Andover, MA 01845
Shawn Slattery
55 Equestrian Drive
North Andover, MA 01845
Timothy Hart
71 Laconia Circle
North Andover, MA 01845
Robert King
81 Laconia Circle
North Andover, MA 01845
William Engstrom
85 Laconia Circle
North Andover, MA 01845
Harold Otto
44 Laconia Circle
North Andover, MA 01845
Bruce Letwin, Trustee
52 Laconia Circle
North Andover, MA 01845
Vijay Kathuria
68 Laconia Circle
North Andover, MA 01845
John Mahoney
76 Olympic Lane
North Andover, MA 01845
Frederick Kulik
8 Laconia Circle
North Andover, MA 01845
Rich Harrold
20 Laconia Circle
North Andover, MA 01845
Richard McLaughlin
148 Crossbow Lane
North Andover, MA 01845
Michael Pendergast
13 Laconia Circle
North Andover, MA 01845
James Richards
7 Laconia Circle
North Andover, MA 01845
Ferdinand Von Kummer
110 Olympic Lane
North Andover, MA 01845
John Haroian
122 Olympic Lane
North Andover, MA 01845
Deborah Feltovic
134 Olympic Lane
North Andover, MA 01845
Bradley Wyard
107 Olympic Lane
North Andover, MA 01845
Frank Rauschen
95 Olympic Lane
North Andover, MA 01845
Paul Finn
83 Olympic Lane
North Andover, MA 01845
Christopher Hanle
71 Olympic Lane
North Andover, MA 01845