HomeMy WebLinkAboutMiscellaneous - 23 Foxhill Road ��ani �; F�e�s oast- �'s�
ROBERT S. ZOLLNER
ATTORNEY AT LAW ,.
15 CENTRAL STREET 4
ANDOVER. MASSACHUSETTS
•52:1_>7-470-3768
r10R71., I'
F �
s`SACHUS�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
Notice is hereby given that the Board of Appeals will give a
hearing at the Senior Citizen' s Center located at the rear of the
Town Building, 120 Main Street, North Andover on Tuesday
evening the 8th day of March
19 94 , at 7:30 o' clock, to all parties interested in the
appeal of Alan J. Forbes requesting a
variation of Sec. 7, Paragraph 7.1 and Table 2 of the Zoning By Law
so as to permit relief of area requirement in-order to build a single
family home
on the premises, located at 23 Fox Hill Road.
By Order of the Board of Appeals
Frank Serio, Jr. , Chairman
F tFCA�Nonce the North Andover Citizen on February 23 & March 2, 1994
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
NOTICE
Notice Is hereby given that the Board of Appeals
will give a hearing at the senior Citizen's Center i
located at the rear of the Town Building,120 Main i
IStreet North Andover on Tuesday evening the lith
day of March 1994,at 7:30 o'clock,to all parties Inter-
ested In the appeal of Alyn J.Fcrbee requesting a
f variation of Sec.7,Paragraph 7.1 and Table 2 of the
Zoning By Law so as to permit relief of area require-
ment in order to build a single family home on the
Premises,located at 23 Fox Hill Road.
By Order of the Board of Appeals
Frank Serb,Jr.,Chairman
.NAC:224 and 3/3(1994
�NORrh,
Or• Om
9
# t
l
s`SACHUS�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
Notice is hereby given that the Board of Appeals will give a
hearing at the Senior Citizen's Center located at the rear of the
Town Building, 120 Main Street, North Andover on Tuesday
evening the 11th day of January
1994 at 7:30 o'clock, to all parties interested in the
appeal of Alan J. Forbes requesting a
variation of Sec. 7, Paragraph 7.1 and Table 2 of the Zoning By Law
so as to permit relief of 13,183:1 sq. ft. in nLpr to bniiri a single
family home
on the premises, located at 23 Fox Hill Road,
By Order of the Board of Appeals
Frank Serio, Jr. , Chairman
,— LEGAL NOTICE '�North Andover Citizen on December December 22& Janiinry A- 1 QQQ
{ TOWN OF NORTH ANDOVER
BOARD OF APPEALS i
NO
�. Woke is hereby given that the Board of Appeals
will give a hearing at the Senior Citizen's Center
boated at the rear of the Town Building,120 Main
r Sheet,North Andover on Tuesday evening the 11th
i day of January 1994,at 7:3p o'clock,to all parties
Interested in the appeal of Alen 1.Forbes requesting
a variation of Sea 7,Paragraph 7.1 and Table 2 of
the Zoning By Loam so as to permit relief of 13,183 sq.
ft.in order to build a single family home on the
premises,located at 121 Fax Hill Road.
By Order of the Board of Ar
Frank Serb,Jr.,Cr
NAC:12t22&12/29/1993
NORTH
of „fD ,ag1.0
32 y�'.,r .•'•.,'a OL
F- A
K _,e•� rT- ,
ss,q U5E�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
STANDARD FORM
AGREEMENT TO EXTEND TIME REQUIRED FOR PUBLIC HEARING
1• On December 22, 1993 an application was received by the
North Andover Zoning Board of Appeals (Board) submitted by
Alan Forbes for a Special Permit or Variance
under Massachusetts General Law (MGL) , Chapter 40A, Section 9.
2. Pursuant to MGL, Chapter 40A, Section 9, the Board and the
Applicant hereby mutually agree that the time within which the
Board shall hold a Public Hearing on said application number 004-94
is hereby extended to end on March 30, 1994 ; and that a Public
Hearing on said application in fact convened by the Board at any
time on or before March 30 1 shall be one which complies
994 p ies
with the time-period requirements of MGL Chapter 40A, Section 9,
for a public hearing.
Signed as a sealed instrument this 9th day of February, 19 94 .
For the North Andover ForAla bo&s
Zoning Board of Appeals
BY: BY:
Title
povi(as �, Et
I
OF NORiH
' KAREN H.P.NELSON Town Of 120 Main Street, 01845
Director • � . 508 682-6483
BUILDING NORTH ANDOVER
CONSERVATION ss�°Huss DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
Memorandum
TO : Zoning Board of Appeals
Linda Dufresne, Secretary 4'�)9
FROM : Richard Doucette, Conservation Administrator
DATE : March 14, 1994
RE : #23 Fox Hill Rd.
It has come to my attention that the March 7th memo from
Kathleen Bradley and myself pertaining to #23 Fox Hill Rd. has been
removed from your files and not returned. To ensure a complete
record is kept on this variance request. I have attached another
copy. I would appreciate it if you would include this copy in that
file.
Thank you.
E
MAR 1 51994
80AR0 OF APPEALS
CC K.Bradley, Town Planner
KAREN H.P.NELSON r' Town Of 120 Main Street, 01845
Dim-tor :ems'`-:; (508) 682-6483
BUILDING +�••;;;; NORTH ANDOVER.
CONSERVATION eQ�CMY9r4 DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
Memorandum
TO : North Andover Zoning Board of Appeals
FROM : Richard Doucette, Conservation Administrator
Kathleen Bradley Colwell, Town Planner k 6L
DATE : March 7, 1994 f�
RE : Fox Hill Variance
We would like to comment on a variance request for #23 Fox
Hill Rd. As you are aware, this lot is within the Lake
Cochichewick Watershed. We are opposed to the granting of this
variance. The creation of a substandard lot in the watershed will
only add to the negative cumulative impacts of further development.
Such a lot should not be created (or' recreated) as it is
approximately 25% of the minimum lot size. If this request is
granted, what reasonable limits does the ZBA support?
It was our understanding that all Boards and Commissions in
North Andover had a shared mission to protect the water supply and
kept this in mind when reviewing any requests. It was disturbing
to discover in a recent conversation with your Chairman that he
does not share this mission. We hope this is not the position of
ZBA but only one of its members.
It is unclear to us why this public hearing has been reopened.
It appears as though this public hearing was simply opened to give
the 'applicant a chance to be represented by counsel. If this is
indeed the case, the ZBA should take this opportunity, as we have
suggested in the past, to seek input from Town Counsel. Other
boards use this valuable information when deliberating on complex
issues and we suggest the ZBA consider doing the same.
Finally, the water treatment plant was not constructed to
promote development, as some may think. It was built to ensure
that our drinking water meets the minimum legal standards. The
long term health of the lake can only be protected through a
comprehensive watershed protection program. Upholding the existing
regulations is a vital part of that effort. This forces us to make
the difficult decision of restricting individual landowners rights
for the good of the community.
CC
. Karen Nelson
I
•�!---�"� (� - - 111--_�� ,1
_TOWN OF. NORTH ANDOVER - -
___ MASSACHUSETTS
BOARD OF APPPEALS
Petition of:
* Petition # 50 - 87
Leslie & Constance Sheppard* DECISION
170 Great Pond Road
*
* * * * * * * * * *
The Board of Appeals held a public hearing on March 10, 1987 upon the application
of Leslie D. & Constance Sheppard requesting a variance from the requirements of
Section 7, Paragraph 7.1 and Table 2 of the Zoning ByLaws so as to permit the con-
tinued existence of two (2) lots in an R-2 zone, one of which is present undersized
due to rezoning. The following members were present and voting: Frank Serio, Jr. ,
Chairman, Alfred Frizelle, Vice-chairman, William Sullivan, Walter Soule and Anna
O'Connor.
I
The hearing was advertised in the Lawrence Eagle Tribune on February 23 and
February 28, 1987 and all' abutters were notified by regular mail.
The petitioner through councel presented evidence showing that the lot was in
existence prior to the rezoning of the parcel to a larger lot area. The petitioner
purchased the property in October 1981 with the lot shown as a seperate lot on a
recorded plan. The lot is consistent with other lots(similar size) in the area.
particularly in an adjoining subdivision. The request is to allow the lot to be
a buildable lot by the requested variance.
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to
GRANT the variance as requested. Mr. Sullivan was opposed to this motion, all other
members in favor.
The Board finds that the lot size
is of such a shape that it cannot nnot be increased
by the purchase of adjoining land, and but for rezoning,
the lot would have
buildable
been a
lot. In light of the foregoing the Board
g g finds that the provisions of
Section 10.4 of the Zoning ByLaw have been satisfied, in particular that because
of the size and shape of the lot, that a substantial hardship exists. In granting
the variance, the Board finds that the intent and purpose of the ByLaw is being
uphled and is not detrimental to the public good.
Dated this 19th day of March
7_71 ''r'`rT3--.7 )
BOARD OF APPEALS 1�, '_•`_` r
MAR
Frank Serio, .ir. (L
/awt Chairman
.
'•%
S�: :m
•� 7 � 1835 '
'r
- - TOWN OF NORTH ANDOVER
_ .
- BOARD OF APPEALS
NOTICE OF DECISION
Leslie D. Sheppard &
Constance M. Sheppard Date March 11, 1987
170 Great Pond Road . - - .
North Andover, Ma 01845 87-50
Petition No.. . . . . . . . . . . . . . . . . . . . . .
Date of Hearin .March 10, 1987
Petition of Leslie D. & Constance. . .M.. .Sheppa. . .rd. . . . . . . . . .
. . . . . . . . . .
Premises affected . . . . . . . PRd and adjnlot
. . . . . . . . .70. Great. . . . . . . . .d.. . . . . . . . . . ace
. . . . . . . . . .t . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the (;C(I-t ;on 7.
znd Table 2 of the Zoning ByLaws
so as to permit the con t,inued existence of two lots in an R-2 zon.v, onv of whic•11
is. presently. undersized., ,due. to. rezoning.
After a public hearing given on the above date, the Board of Appeals voted to GRAr:'I the
. . . . . varian.c.e, . . add?h bl,`tlia?►?;X'r3 `Ri, �lfi? 'riE'iac�12;� ��eitid?'ya`
XXiiI3 . . . . . . AS REQUESTED
X};�15�}A�;[i0tlk2ii3t'itititi�lif'.IfLA�It�)4�d'��:�ltAdw'�>�`gl�YtiH�Jir3it�'�t�3sti�:
Vote as follows: Mr. Serio, Mr. Frizelle, Mr. Soule and Ms. O'Connor in favor
Mr. Sullivan opposed
Signed '
Frank Serio, Jr.•, Chairman
Alfred Frizelle, Vice-chairman .
William Sullivan. .
Walter Soule . . . . . . . . . . . . . . . . . . . . . . . . .
Anna O'Connor . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
_glu t...r� 3:t t'y 0�'T`�'' '{'i:•{ �`•� ro y,i.1.�'( i` 11.4t1"u;•'. i`) #�. - S - .t: ' � . _•'� t". _ `M t '
—LS _ '+� +L11tC_^k
- '••rl
E '°-: awn• .,. /
., ',• ..:SR• •: tans :.
. ,
MAR Zd TOWN OF NORTH ANDOVER
This 18 to OW*that
Nis*(20)days
MA99ACHUSETI'8
hawd98SbPW b=dof decision 1W
Wim"ova o i 9 8 l
ar j
pr,Mi BOARD QI' APPEALS
TOM CMAs i� '';✓
NOTICE OF DECISION
Leslie D. Sheppard S
Date „arch 11, 1987
D
Constance M. Sheppard M• . . . . . . . . . . . . . . . . . . . . .
170 Great Pond Road 87-50
North Andover, Ma 01845 petition No . . . . . . . . . . . . . . . . . . . . . .
Date of Hearing. . . . , .March 10, 1987
Leslie D. & Constance M. Sheppard . . . . . . . . . . . . . . . . . . . . . . . . .
Petition of . . . . . . .. . . ... . . . . . . . . . . . . ... . . . . . .
170 Great :Pd. Rd and ad acent lot „ • . . . . . . . . . . . . . . . . . . . . . . .
premises aff acted . . . . . . .
Section 7. paragraph i
Referring to the above pe
tition for a variation from the requirements of the
znd Table 2 of the Zoning ByLaws . . . . . . . . . . . . . . . . . . . .
thg, co�c} inµgd e4stenee• of two lots•in• an ,R-2, zone, one of which
�.:�..to .pe=mlt zed• .dug. to rezoning. � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is,pF.e.a ericly. una� �i. . ,. . . . . . .
"
given on the above date, the Board of Appeals voted to : GST• • • • • the
After a public hearing
•
.. . . . . .variance . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .
X} } {. . . . . . . . .AS. REQUESTED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
tib
Vote as follows: . Mr. Serio, Mr. Frizelle, Mr. Soule and Ms. O'Connor in favor
Mr. Sullivan opposed
Signed "
c
✓, Chairman. . .
Frank -Serio,,, Jr
Alf red •Frixelle, vice•-chairman • • • • • • •
ATTEST: William•sul-l•ivan. . . . . . . . . . . . . ..
A True Copy
• Wal-ter Soule • . . . . . . . . . . . . . . . . . . . . . . .
Anna O'Connor • , • • ' • • " . ' • '
Board of Appeals
Town Clerk
SiTBDIVISION PLAIT OF LAND IN NORTH ANDOVisR 1
33537E I
Frani: C. Gelinas 8: Associates, vurveyor>
N •
January 3, 1960
®E Great Pond Really, Inc. i
-I Cerl. No. 8329
....I
S.9. N 72;49'00"E
n
m
m
,V72044'40',' N 72014'00'£
-- 50.10 Sewer 21.84! i
;� •! „ i Easement ,
(20.00 Wide)
i
o ; Daniel J. Murphy I
'i\ ly 'amu O A
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16 ti. ° x : 17 a
2 `4p c a
tk
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49.65-
ST/°l0"UUu1P 1 •
GREAT POND ROAD
( VAR/ABLE 111/0rN J
i
I
0
art
Subdivis ion .of Part of Lot 4 ..
Shown on Plan 335370
Filed With Cert. of Title Wo.
North Registry District of Essex County
Separate certitcates of title may be Issued for land
shown hereon asC01s. __on4__77_____-_ ort of plea
Qy the Court." Copy f pa
_f�;,._
LAND RE61STRAT/ON OFFICE
MAR. 1P, 1980
-�y,t 1_�__ _______ t„^ Scale of this plan 40 feet to on inch
MAR._/2, 1980✓j`: w� Recorde/ R.L.Woo d'bury,&.9ineer5r Court
Perm LCE:V... 23no-4-79 ._ ........__..
• MALLETT ASSOCIATES, INC.
Environmental Consultants
43 Dewey Street
Tewksbury,Massachusetts 01876
(608)861.3=
July 27, 1988
William MacLeod, P.E.
Andover Consultants, Inc.
1 East River Place
Methuen, MA 01844
Dear Mr . MacLeod:
At your request I have personally inspected a parcel of property
in. the Town of North Andover , MA for the purpose of determining
whether the property contains any wetlands as defined by the.
Massachusetts Wetlands Protection Act (M.G.L. Ch 131 Sec .40) and
the Regulations (310 CMR 10.00) .
This parcel is designated as Lot B depicted upon North Essex
Registry of Deeds Plan No. 8322 and contains 30, 377 sq. ft. being
located at the corner of Great Pond Road and Foxhill Road in the
Town of North Andover, MA.
This parcel totally consists of upland topography and upland
vegetative community and is not subject to the wetlands
legislation.
If you or others have any further questions relative to this
parcel , Please do not hesitate to contact me .
Sincerely .
John C . Mallett, Ph.D.
Senior Aquatic Ecologist
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�►ORTIy
TOWN OF NORTH ANDOVER
3? e� . -° OL
TOWN BUILDING
DANIEL Lox(;, Town Clerk
9SSACHl15ELECTION DEPARTMENT NORTH ANDOVER. MASS. 01843
May 5. 1980
Under the afore said Article 93 it was VOTED UNANIMOUS t<
ADOPT the Article with the following correction.
paragraph
ection
chane the
fifth S 5� 5: g
Fifth line of
word "of" to "or" between the words Board and Agency
ARTICLE 94 ARTICLE 94. To see if the Town will vote to amend the Zoning By-Law as
follows: 1 - Delete present wording under Table 2, Footnote 2 and insert the
following:"Adjacent to residential districts,an additional 15 foot side or rear setback
shall be required. The first 15 feet of the total setback abutting the residential
district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved
and not parked upon",and 2-Delete present wording under Table 2,Footnote 3 and
insert the following: "Adjacent to residential districts, the required side or rear
setback shall be 100 feet. The first 50 feet of such setback abutting the residential
district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved
and not parked upon."
Petition of the Planning Board
Under the aforesaid Atitle 94 iwas VOTED UNANIMOUS to
ADOPT the Article with the following amendments .
In part "1: after the word upon add the sentence .
"In the Busines 2 District the side yard requirement may be
eliminated when two adjoining property owners agree to share
a party wall.
And add footnote "2" to side setback under General Business
in Table 2, SUMMARY OF DIMENSIONAL REQUIREMENTS .
ARTICLE 98—
-- ARTICLE 98. To see if the Town will vote to amend its Zoning By-Law and
Zoning Map by changing from Residence 3(R-3)to Residence 2(R-2)that parcel of
land bounded by Great.Pond Road,Stevens Street,and Pleasant Street.
Petition of Dennis J.McManus,Jr.and others
Under the afore_sai-d ,Article 98 it was VOTED to Adopt..
the Article AFFIRMATIVE 152 NEGATIVE 51
All requirements of the law have been complied with.
ATTEST: RUE
NG
TOWN CLERK
(Petition of the Selectmen) VOTED to raise and appropriate the
sum of $148,000 and to transfer from Article 62 of the 1985 Annual Town i9 1�7 I
Meeting the sum of $7,359 for this article.
ARTICLES OF THE BALANCED GROWTH POLICY STEERING COMMITTEE
Article '8''-'AMENDMENT TO THE DIMENSIONAL REQUIREMENTS OF THE R-1 t
ZONE-:`- To_ see, if the Town will vote to amend the Zoning Bylaw as
fol-iows
In Table 2 (Summary of Dimensional. ,Requ-irements) unde-r_th:e—column
entitled R-1, substitute the number 87,120 for the`number 65,340 as itr
pertains to "Lot Area Minimum SF"`.- --- - -- - r__ - - i
(Petition of the Selectmen's Steering Committee for a Balanced
Growth Policy Plan)
EXPLANATION: The purpose of this article is to amend the minimum lot
size in the R-1 district from 1.5 acres to 2.0 acres.
VOTED to adopt the article (ave 747, nay 113) .
Article 9." REZONING OF CERTAIN R-2 AREAS TO R-1. To see if the
Town--will_ _ vote to- amend 'the -existing Zoning Map such that all
properties within the area designated as the Lake Cochichewick
watershed that-are- currently zoned R 2, and those areas presently zoned
Residential 2 (R 2) southjof the current Lake Cochichewick Watershed
boundary and, east_:o.f .the .Eastern Massachusetts Electric Company right
of way up E6_the Town boundary with Middleton would be rezoned as
Residential I1,_(R 1) ,' as sEown on the map entitled Proposed Zoning Map,
lorth Andover, January 26, 1987. (Petition of the Selectmen's Steering
Zommittee for a Balanced Growth Policy Plan) .
EXPLANATION: The purpose of this article is to rezone from one (1) acre
to two (2) acre minimum lot size areas in the Lake Cochichewick
Aatershed and in the southeast sector, as described above.
VOTED to adopt the article (aye 649 , nay 224) .
Article 10. PLANNED RESIDENTIAL DEVELOPMENT. To see if the Town
Meeting will vote to amend the Zoning Bylaw as follows:
Add a new section, Section 8.5 Planned Residential Development
(PRD) .
Section 9.5 Planned Residential Development (PRD)
1. Purposes:
a. To promote the more efficient use of land in harmony with its i
natural features;
127
i
s
KAREN H.P.NELSON Town o f 120 Main.Street, 01845
Director :e (508) 682-6483
BUILDING NORTH ANDOVER
CONSERVATION @84CDIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
January 11, 1994
Mr. Frank Serio
Chairman, Board of Appeals
Town Of North Andover
120 Main Street
North Andover, MA 10845
Re: Alan J. Forbes
23 Foxhill Road - Variance
Dear Mr. Serio,
I am writing to express the concerns of the Planning Board and
Staff regarding this lot. The lot in question is located within
the Watershed Protection District and thus is of utmost concern to
this Department and to the residents of the Town. The current
zoning for this site is R-1 which requires a minimum—lot size of
87 ,,120--square- feet. This lot however, covers only 30, 377 square
_feet. Thus, Mr' Forbes is seeking a variance `for-- over 56,743'
square feet.
This lot received a variance, under protest from the Planning
Staff, in 1987. At that time the zoning for this site was one acre
(43 , 560 square feet) . This variance has subsequently expired.
In 1987 , at the time of the zone change from one acre to two
acres, this lot was under the same ownership as the adjacent lot.
Under MGL Chapter 40A, Section 6 !an increase in area requirements
applies �toa lot that was recorded and held in common ownership
with any adjoining land, five years from the effective date of the
zone change. Thus any arguments as to preservation of zoning are
lost as the parcel was held in common ownership at the time of the
zone change and the five year protection has lapsed.
Therefore, on behalf of the Planning Board and Staff, I urge
you to deny this application for a variance.
Sincerely,
Kathleen Bra�olwell
Town Planner
4 e 1t 2i d `72 4 6WA
Richard Nardella
Chair, Planning Board
'es Single Lot EmmVtion Any increase in area, frontage, width, yard, or
for Single and depth dents of a zoning ordinance or by-law
TW-Family Use 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 canuct ownership with any adjoining land,
L�
conformed to then existing rte,,;xeaients and :,ad
less than the proposed requirement but at least
five thousand square feet of area and fifty feet
Iat - - " for
Cam off An increase roma
zonta y in area f ge,
frontage.
S le and Two-Family Use width or t of a ronin
�. Y depth g—
ordinance-or-by-law shall not apply for a period
`-of five years from its effective date or for five
Years after January first, nineteen hundied anti-
+ seven six, is later, to a of or
single and twos— y residential use, provided
the plan for such lot was recorded or endorsed and
such lot was held in camL ownership with any
a�j0 a ormed to the ems g
zoning rents as o January first,nineteen
_ — and seven -six, and d less area,
frontage, width, yard or depth reauirerents thi-aii
the ejy y effective zoning req_ i- ants but
contained at least seven thousand five hundred
square feet of area and seventy-five feet of
J5 rontage, and provided that said five year period
does not cam-ane prior to January first, nineteen
herrn red an�c sTTpnt six, EE prcvided_fur�Enat
the provisions of this sentence shall not apply to
more than three of such adjoining lots held in
camcn ownership. Me provisions of this
paragraph shall not be construed to prohibit a lot
being built upon, if at the time of the building,
building upon such lot is not prohibited by the
zoning ordinances or by-laws in effect in a city
or town.
Definitive Plan E�owmtion If a definitive plan, or a preliminary plan
followed within seven months by a definitive plan,
is submitted to a planning board for approval
under the subdivision control law, and written
notice of such submission has been given to the
Land Governed by Zoning city or town clerk before the effective date of
in Effect at Time ordinance or by-law, the land shun on such plan
Of Subnission shall be governed by the applicable provisions of
the zoning ordinance or by-law, if any, in effect
at the time of the first such submission while
such plan or plans are being processed under the
subdivision control law, and, if such definitive
Plans Submitted After plan or an amendment thereof is finally au
proved�
12/31/76, 8 Year Mumiption for eight Years from the date of the endorsane*nt
of such apPrOval, except in the case where such
plan was submitted or submitted and approved
}
6 - 2
E
Yamaha continued Page 3
.,
I am enclosing a recent copy of a letter from Twon Counsel on a similar matter. I would
expect that you may want to solicit additional review on Town Counsel's part to assist
you in the decision process." Signed by Karen Nelson, Director.
C. Foster stated that this is not the same thing as the other petition. Letter from
Attorney Joyce read as follows: "RE: Petition of Donald Samaha, 98 Beverly. Stree.t,
Dear Board Members: I represent Paul & John DiSalvo and the Andover Savings Bank on
the above cited property. The DiSalvos were issued a building permit in October, 1986
and in reliance thereof, took title to the property and the Andover Savings Bank 'ex-
tended substantial funds for the acquisition and construction as permitted. I bring to
the Board's attention the substantial private interests in your consideration of this
petition and request its denial for the following reasons:
1. Massachusetts General Laws, Chapter 40A, Section 15 provides "an appeal under
Section 8 to a permit granting' authority shall be taken.within thirty (30) days
from the date of the order or decision which is being appealed. ." . This appeal is
untimely filed and this Board is without jurisdiction to hear the same.
2. The permit having issued and appeal therefrom being final, the Town of North
Andover is "colaterally estopped" from revoking the same since parties have
altered their position in reliance thereof.
John & Paul DiSalvo and the Andover Savings Bank request the opportunity to further input
in this matter at your hearing scheduled for March 10, 1987." Signed by Raleph R. Joyce.
Further comments from C. Foster were that this is not a buildingcode question_, it is a
zoning question. This has .been consistantly done in North Andover for many years. He
cannot understand what is being appealed, the building permit cannot be appealed because
it is over 30 days since the hearing. 'No reference is made to building permit in the
legal notice. Karen Nelson said she had no comments to make at an open meeting. All
department heads want what is best for the Town of North Andover, and re g
realize that the
Sylaws need attention, but this can only be done by Town Meeting changes.
es.
Further discussion by Mr. Frizelle, Mr. Foster and Attorney Joyce. Petitioner asvised to
present the problem to the Building Department, in writing, and when 'a reply is received,
they can reapply.
The building permit was issued on October 27, 1986 and the DiSalvos took ownership on
December 15 1986. p
mot "a
Upon p ion made by Mr. A. Frizelle and seconded by Mr. Vivenzio, the Board voted to
deny with out prejudice the pefition because it was not properly before the. board, Section
procedurally. Vote was unanimous. 5.1
Lesaie'&` Constance Sheppard 'Fox'-Hill"Road & North
- ; variance - `side of Great Pond Rd. I
Legal notice read by Mr. Frizelle. Petitioner requests a variance of Section 7,
Paragraph 7.1 and Table' 2 of the Zoning bylaws so as to allow the continued existence
of two seperate lots as shown on Plan of Land recorded in the North. Essex Registry of
Deeds as Plan No. 83221 --Attorney J:- Willis, Jr. -represented the petitioner and stated
that the property ownedLby--.the applicant was ori inall
g deis n
y g ed as a Form A lot
adjacent to the Fox- Hill-Road. .Subdivision. Subsequently, rezoning of the area caused an
inadvertent combination of the lot with adjacent land of the applicant. All other lots
in the area were grandfathered in under the 'Subdivision Plan as legally existing lots
while the lot in question, although ,an integral part of the original Subdivision Plan
does not appear on the subdivision plan and is therefore technically not covered by the
lock in provisions. Further., the. shape and topography of the lot more readily lends it-
self- to-the existence of a separate lot with structures thereon, than as an adjacent
vacant"side yard to the home owned by the applicant. The applicant suffers from economic;
, n
'Sheppard continued Page 4
as"well as an aesthetic hardship- in-.that the property cannot be properly utilized to
its`best_'adantage in a combined state as opposed _to`being .-separated and preserved as
it-was -originally designed. Attorney Willis claims that the action`of-the,-T-own took
,legal lot away from Mr. Sheppard when area was rezoned and the owner was not notified
>. fhat the- area was rezoned. The frontage for this lot would be on Fox Hill Road for ,
"any new building and-would not need a variance.
Letter from Karen Nelson read as follows: "Lot B is an undersized lot in an R2 District
which requires 43,560 square feet of land. This property, including the land on Pleasan
Street was not shown as part of the original subdivision plan and therefore is not pro-
tected from zoning changes. Any parcel(s) in common ownership must be combined to meet
the zoning in existent. There is no sufficent hardship shown in this application as
written."
'No imput from audience in favor or opposition.
Upon motion made by Mr. Frizelle and seconded byMr. Soule, the Board voted to GRANT
this petition -as requested. The vote was as follows: ' Mr. Serio, Mr. Frizelle, Mr.
Soule;-and Ms. O'Connor in favor, ' and Mr. Sullivan-opposed.
DECISIONS
Combined Development GrouD III Trust - Special Permit - Lot 80(B1) Turnpike St.
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to
GRANT the Special Permit for the removal of fill on the entire site as set forth in
the plans presented on March 10, 1987 subject to the following conditions:
adherence g Strict
ence to Section 5 of the Zoning ByLaws as follows: Section 5, Paragraph 5.7 -
Operation Standards; Paragraph 5.8 - Restoration Standards; Paragraph 5.9 - Security reasurer
Requirements. The petitioner shall post a bond of $20,000 with the Town T
and shall pay all fees before a permit for removal is issued. The vote
Copies of the above ByLaws were attached to the decision. was unanimous.
Leon Belinsk (Marco Rubber) - variance 334 Clark St
Letter dated 2/13/87 from Peter Samaris, A.I.A read as follows: "A Planning Board
letter was read at the 2/10/87 meeting suggesting that Mr. Belinsky should attempt
to purchase enough property from the immediate abutter, Miele Realty Trust whi
would allow the site and project to be conforming in all respects, ch
Mr. Samaris informed the Board that Mr. Belinski did, in fact, attempt just such a
purchase during the early planning stages and his offer was not even considered by-
Miele Realty Trust.
The Trust has no interest in selling as they need the land for their future planning.
The petitioner is only asking for relief from side yard restrictions. We are prepared
to comply fully with all remaining zoning regulations as defined in the Town of North
Andover Zoning Code. The abutters are not opposing our
proposed andfeel
that the finished project will enhance the area and benefit the Town oofsNorthwAndover.'
Upon a motion made by Mr. Frizelle and seconded b Mr. Viv
Y . enzi
unanimously to GRANT the variance as requested. °� the Board voted
The Board finds that due to- the shape of the lot in question that asubstantial
hard hip exists and that granting the variance will not adversely affect the
neighborhood nor derogate from the intent and purpose of the Zoning ByLaw.
Jeannette Manning
677 Salem Street f�
DISCUSSION
Revised rules and regulations
t-
SIGN PLANS
SIGN ,MINUTES
DELIBERATIONS AND VOTE ON ANY
TAKE PLACE LATER IN THE MEE"
HEARINGS AND OTHER MATTERS LIS
ALL 'INTERESTED PARTIES ARE IN
MEETING.
� w �`� ��
�b � .�� � .
G� . ii F�
ROBERT S. ZOLLNER
ATTORNEY AT LAW
15 CENTRAL_STREET
ANDOVER,MASSACHUSETTS 01810
(508)470-3768
FAX(508)475-7836
March 15, 1994
Frank Serio, Jr. , Chairman
Zoning Board of Appeals
Town Offices Building
North Andover, MA 01845
Re: Petition of Alan J. Forbes
23 Fox Hill Road
Petition #004-94
Dear Mr. Chairman:
Thank you for sending me the Notice of Decision and
Decision in the above matter.
The Decision does not include nor note that on
March 8th on behalf of Mr. Griffin I formally objected
to withdrawal of the petition without prejudice, stating
why Mr. Griffin objected.
Please file this letter with the files on Mr.
Forbes' petition so that there will be a record of my
objection.
Thank you.
Very truly yours,
Robert S. Zollner, Esq.
cc: Daniel J. Griffin, Jr .
John J. Willis , Jr . , Esq.
MAR 2 4 1994
BOARD OF ARPc f.
WILLIS and WILLIS
ATTORNEYS-AT-LAW
160 PLEASANT STREET
NORTH ANDOVER,MASSACHUSETTS 01845
JOHN J. WILLIS TELEPHONE 685-3551
JOHN J. WILLIS, JR. FAX NO. (508) 794-8363
March 8, 1994
North Andover Board of Appeals
Town Hall
North Andover, MA 01845
Re: 23 Fox Hill Road
Appeal of Alan J. Forbes
Owners: Douglas Ely and Judy Ely
Gentlemen:
On behalf of the Petitioner and the land owners who have filed
a request for a variance before your Board, I would hereby ask that
the application be withdrawn without prejudice against refiling.
It is my belief at this time that a variance is not needed for use
of the property and therefore the application might be premature.
-.,._Sincere y,
Johnl J Wi is, Jr.
Attorn r Petitioners and land owners
JJW:c
N° + REC`-i`1'cAmOlvLJi
a� gilt Vis; teasCP,T
w ►�`9SACHU9Q','fQR ' I l 52
►rrtrrr�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
i
BOARD OF APPEALS
NOTICE OF DECISION
Date . . .March .11. , . 1994.. . . . . . . . . . . . . . .
I
Petition No.. .00.4-.9.4 . . . . . . . . . . . . .
January 11, 1994
Date of Hearing. F.abruary. 8.,. .1994
March 8, 1994
Petition of . . . . .Alan. J.. FQrbeS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . .23. F.ox .Hill. Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .
Referring to the above petition for a variation from the requirements of)w S.ection. 7... . . . . .
Par.agraph. .7...1 .and. Table .2. of. the .Zoning .Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit .relief. of. .the. area .requirement• in. order. to. .build. a. s-Ingle- family - -
. home. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .ALLO.W . . . . the
PETITIONER .TO .WITHDRAW .WITHO.UT .PREJUDICE.�I�i$
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
Frank Serio JrC
hman
. . . . . . . . . . . . . . . . . . . I . . . . . . . .•. . . . . . . . . . .
Walter Soule, Clerk
. . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . .
Raymond Vivenzio
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Robert Ford
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
4:!.-.4
—ny ap'Y�clll
R E C
L G
DAN,F
AORTN TUW!�'
0 NORT'd ' 4i[-CIYER
0 MAR 1 12 52 N 194
4L
00,
U
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Alan J. Forbes DECISION
23 Fox Hill Road
North Andover, MA 01845 Petition #004-94
The Board of Appeals held a public hearing on Tuesday evening,
January 11, 1994 which was put under advisement and continued to
February 8, 1994 when the hearing was re-opened and continued to
March 8, 1994 upon the application of Alan J. Forbes requesting a
variation of Section 7, Paragraph 7. 1 and Table 2 of the Zoning
Bylaw so as to permit relief of the area requirement in order to
build a single family home on the premises located at 23 Fox Hill
Road. The following members were present and voting: Frank
Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond Vivenzio,
Robert Ford and John Pallone.
The hearing was advertised in the North Andover Citizen on
December 22 , 1993 and January 4 , 1994 and on February 23 and
March 2 , 1994 and all abutters were notified by regular mail.
0
On February 9, 1994 , upon a motion by Mr. Ford and second by Mr.
Soule the Board voted unanimously to re-open the public hearing.
Then upon a motion by Mr. Ford and second by Mr. Soule the Board
voted unanimously to continue the hearing to March 8, 1994 .
On March 8, 1994, upon a motion by Mr. Vivenzio and second by Mr.
Ford, the Board voted unanimously to ALLOW THE PETITIONER To
WITHDRAW WITHOUT PREJUDICE.
Dated this 11th day of March 1994 .
BOARD OF APPEALS
Frank Serio, r.
Chairman
,ORr"
KAREN H.P.NELSON 3�0' ° Town of
120 Main Street, 01845
Director o `''
' NORTH ANDOVER (508) 682-6483
BUILDING . ��.;`;';:M'�
CONSERVATION meACHU t4 DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
Memorandum
TO : North Andover Zoning Board of Appeals
FROM : Conservation Commission
DATE : March 8, 1994
RE : Fox .Hill Variance
We would like to comment on the variance request before you
for #23 Fox Hill Rd. We are opposed to the granting of this
variance since the creation of a substandard lot in the watershed
could further degrade the quality of drinking water. While this
one lot may have little measurable effect, the cumulative impact of
more development in the watershed will be negative.
We hope you will consider this input during your deliberation.
CC Karen Nelson
TOWN OF NORTH ANDOVER, MASSACHUSETTS
OFFICE OF
TOWN MANAGER
120 MAIN STREET,01845
oRr
t
M M
1
James P. Gordon TELEPHONE 682-6483
Town Manager f p
Y
s�cHusEt�
MEMORANDUM
T0: Frank Serio, Chairman, Zoning Board of Appeals
FROM: James P. Gordon, Town Manager
DATE: February 3, 1994
RE: Variance Request - Forbes, Lot 23 Foxhill Road
It is my understanding that the petition for Lot 23, Foxhill Road, was
taken under advisement at your January 11, 1994, meeting. Due to the zoning
issues involved, it may make sense at this point in the process to continue
and reopen the public hearing process by renotifying abutters with a new
legal notice. This would provide the time necessary for the staff to outline
the zoning matters for your next regular scheduled meeting.
If you have any questions, please do not hesitate to let me know. Thank
you.
i
JG:map
i
D
FEB 3:IS'
NORTH SERVATIOON
iYED
NORTH A'00V R
386 Great Pond Road 2
North Andover, MA 01845
January 13, 1994
Mr. Frank Serio Jr. , Chairman
Town of North Andover
Zoning Board of Appeals
Town Hall
North Andover MA 01845
RE: Lot at 121 Fox Hill Road
Dear Mr. Serio:
We would like to request a copy of the audio recording of the
Board of Appeals hearing on January 11, 1944. Due to the
nature of what transpired at the meeting, we would like our
attorney to be able to review the tape.
Thank you for your assistance.
Sincerely,
Dougla J. Ely
i
I
4
OF NORTH,
KAREN H.P.NELSON Town of 120 Main Street, 01845
Director
BUILDING NORTH ANDOVER (508) 682-6483
CONSERVATION QB�CHU8�4 DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
January 11, 1994
Mr. Frank Serio
Chairman, Board of Appeals
Town Of North Andover
120 Main Street
North Andover, MA 10845
Re: Alan J. Forbes
23 Foxhill Road - Variance
Dear Mr. Serio,
I am writing to express the concerns of the Planning Board and
Staff regarding this lot. The lot in question is located within
the Watershed Protection District and thus is of utmost concern to
this Department and to the residents of the Town. The current
zoning for this site is R-1 which requires a minimum lot size of
87, 120 square feet. This lot however, covers only 30, 377 square
feet. Thus, Mr. Forbes is seeking a variance for over 56, 743
square feet.
This lot received a variance, under protest from the Planning
Staff, in 1987. At that time the zoning for this site was one acre
(43 , 560 square feet) . This variance has subsequently expired.
In 1987, at the time of the zone change from one acre to two
acres, this lot was under the same ownership as the adjacent lot.
Under MGL Chapter 40A, Section 6 an increase in area requirements
applies to a lot that was recorded and held in common ownership
with any adjoining land, five years from the. effective date of the
zone change. Thus any arguments as to preservation of zoning are
lost as the parcel was held in common ownership at the time of the
zone change and the five year protection has lapsed.
Therefore, on behalf of the Planning Board and Staff, I urge
you to deny this application for a variance.
Sincerely,
Kathleen i�olwell
Town Planner ,,,"
Richard Nardella
Chair, Planning Board
srt't.
.�S single lot M=;)tion Any increase in area, frontage, width, yam, or
for Single and depth its of a zoning ordinance or by-law
Two-Family Use 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 commas ownership with 'any adjoining land,
conformer to then existing req,; events and rid
less than the proposed requirement but at least
five thousand square feet of area and fifty feet
Ca mon Lot Exemption for of frontage. Any increase in area frontagel
Single and Two-Family Use width, Yazd or dgni *+t of a zoning ,
ordinance or by-law shall not apply for a period
of five years f=n its effective date or for five
years after January first, nineteen hundEW and
seventy-six, whichever is ter, to a lot for
== s' le and two- anvil.y residential use, provided
the plan for such lot was recorded or endorsed and
such lot was held in coinci ownership with any
oining land and conformed to the existing
r zoning requirements as of January first, nineteen
seven -six, Er-Z Md less area,
fzcntage, width, yard or deptthan
the newly effective zoning requirements but
contained at least seven thousand five hundred
square feet of area and seventy-five feet of
_frontage, and provided that said five year period
does not cam-ance prior to January first, nineteen
hundred and seventy-si.x, provi that
the provisions of this sentence shall not apply to
# more than three of such adjoining lots held in
camion ownership. The provisions of this
paragraph shall not be construed to prohibit a lot
being built upon, if at the time of the building,
' building upon such lot is not prohibited by the
zoning ordinances or by-laws in effect in a city
or town.
Definitive Plan Exemption If a definitive plan, or a preliminary mi na,y plan
followed within seven months by a definitive plan,
is submitted to a planning board for approval
under the subdivision control law, and written
notice of such submission has been given u) the
Land Govertmed by Zoning city or town clerk before the effective date of
in Effect at Time ordinance or by-law, the land shown on such plan
! of Submission shall be gmrerned by the applicable provisions of
the zoning ordinance or by-law, if any, in effect
at the time of the first such submission while
such plan or plans are being processed under the
subdivision control law, and, if such definitive
Plans Submitted After plan or an amez4 hent thereof is finally approved
12/31/76, 8 Year Exemption for eight years from the date of the endorsement
Of such approval, except in the case where such
plan. was submitted or submitted and approved
6 - 2
�samaha continued Page 3
I am enclosing a recent copy of a letter from Twon Counsel on a similar matter. I would
expect that you may want to solicit additional review on Town Counsel's part to assist
you in the decision process." Signed by Karen Nelson, Director.
C. Foster stated that this is not the same thing as the other petition. Letter from
Attorney Joyce read as follows: RE: Petition of Donald Samaha, 98 Beverly. Street,
Dear Board. Members: I represent Paul & .John .DiSalvo and the Andover Savings Bank on
the above cited property. The DiSalvos were issued a building permit in .October, 1986
and in reliance thereof, took title to the property and the Andover Savings Bank ex-
tended substantial funds for the acquisition and construction as permitted. I bring to
the Board's attention the substantial private interests in your consideration of this
petition and request its denial for the following reasons:
1. Massachusetts General Laws,. Chapter 40A, Section 15 provides "an appeal under
Section 8 to a permit granting' authority shall be taken within thirty (30) days
from the date of the order or decision which is being appealed. ." This appeal is
untimely filed and this Board is without jurisdiction to hear the same.
2. The permit having issued and appeal therefrom being final, the Town of North
Andover is "colaterally estopped" from revoking the same since parties have
altered their 'position in reliance thereof.
John & Paul DiSalvo and the Andover Savings Bank request the opportunity to further input
in this matter at your hearing scheduled for March 10, 1987." Signed by Raleph R. Joyce.
Further comments from C. Foster were that this is not a buildingcode question_, it is a
zoning question. This has ,been consistantly done in North Andover for many years. He
cannot understand what is being appealed, the building permit cannot be appealed because
i-t is over 30 days since the hearing. 'No reference is made to building permit in the
legal notice. Karen Nelson said she had no comments to make at an open meeting. All
department heads want what is best for the Town of North Andover, and realize that the
bylaws need attention, but this can only be done by Town Meeting changes. .
Further discussion by Mr. Frizelle, Mr. Foster and Attorney Joyce. Petitioner asvised to
present the problem to the Building Department, in writing, and when 'a reply is received,
they can reapply.
The building permit was issued on October 27, 1986 and the DiSalvos took ownership on
December 15, 1986.
Upon a motion made by Mr. A. Frizelle and seconded by Mr. Vivenzio, the Board voted to
deny with out prejudice the pefition because it was net properly before the, board, Section 1
procedurally. Vote was unanimous. 5.1
Fox Hill Road & North
Leslie & Constance Sheppard - variance - side of Great Pond Rd
Legal notice read by Mr. Frizelle. Petitioner requests a variance of Section 7,
Paragraph 7.1 and Table- 2 of the Zoning bylaws so as to allow the continued existence
of two seperate lots as' shown on Plan of Land recorded in the North. Essex Registry of
Deeds as Plan No. 8322. Attorney J. Willis,. Jr. represented the petitioner and stated
that the property owned by the applicant was originally deisgned as a Form A lot
adjacent to the Fox Hill Road Subdivision. . Subsequently, rezoning of the area caused an
inadvertent combination of the lot with adjacent land of the applicant. All other lots
in the area were grandfathered in under the Subdivision Plan as legally existing lots
while the lot in question, although ,an integral part of the original Subdivision Plan
does not appear on the subdivision plan and is therefore technically not covered by the
lock in provisions. Further, the shape and topography of the lot more readily lends it-
self to the existence of a separate lot with structures thereon, than as an adjacent
vacant side yard to the home owned by the applicant. The applicant suffers from economic,
"Sheppard continued Page 4
as well as an aesthetic hardship in that the property cannot be properly utilized to
its best advantage in a combined state as opposed to being separated and preserved as
it was originally designed. Attorney 'Willis claims that the action of the Town took
,legal lot away from Mr. Sheppard when area was rezoned and the owner was not notified
that the area was rezoned. The frontage for this lot would be on Fox Hill Road for
any new building and would not need a variance.
Letter from Karen Nelson read as follows: "Lot B is an undersized lot in an R2 District
which requires 43,560 square feet of land. This property, including the. land on Pleasant
Street was not shown as part of the original subdivision plan and therefore is not pro-
tected from zoning changes. Any parcel(s) in common ownership must be combined to meet
the zoning in existent. There is no sufficent hardship shown in this application as
written."
No imput from audience in favor or opposition.
Upon motion made by Mr. Frizelle and seconded by Mr. Soule, the Board. voted to GRANT
this petition as requested. The vote was as follows:
Mr. Serio, Mr. Frizelle Mr.
Soule and Ms. O'Connor in favor, and Mr. .Sullivan-opposed.
.DECISIONS
Combined Development Group III Trust - Special Permit - Lot 80(Bl) Turnpike St
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to
GRANT the Special Permit for the removal of fill on the entire site as set forth in
the plans presented on March 10, 1987 subject to the following conditions: Strict
adherence to Section 5 of the Zoning ByLaws as follows: Section 5, Paragraph 5.7 -
Operation Standards; Paragraph 5.8 - Restoration Standards; Paragraph 5.9 - Security
Requirements. The petitioner shall post a bond of $20,000 with the Town Treasurer
and shall pay all fees before a permit for removal is issued. The vote_ was unanimous.
Copies of the above ByLaws were attached to the decision.
Leon Belinsky(Marco Rubber) - variance - 334 Clark St
Letter dated 2/13/87 from Peter Samaris, A.I.A read as follows: "A Planning Board
letter was read at the 2/10/87 meeting suggesting that Mr. Belinsky should attempt
to purchase enough property from the immediate abutter, Miele Realty Trust, which
would allow the site and project to be conforming in all respects.
Mr. Samaris informed the Board that Mr. Belinski did., in fact, attempt just such a
purchase during the early planning stages and his offer was not even considered by-
Miele Realty Trust.
The Trust has no interest in selling as they need the land for their future planning.
The petitioner is only asking for relief. from side yard restrictions. Tyle are prepared
to comply fully with all remaining zoning regulations as defined in the Town of North
Andover Zoning Code. The abutters are not opposing our proposed efforts and we feel
that the finished project will enhance the area and benefit the Town of North Andover.'
Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio, the Board voted
unanimously to GRANT the variance as requested,
The Board finds that due to the shape of the lot in question that. a substantial
hard hip exists and that granting the variance will not adversely affect the
neighborhood nor derogate from the intent and purpose of. the Zoning ByLaw.
pOR T/,
KAREN H.P.NELSON a? m
L a Town Of 120 Main Street, 01845
Director
BUILDING y: NORTH ANDOVER (508) 682-6483
ys°..:u�'�54
CONSERVATION CMUs DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
Memorandum
TO : North Andover Zoning Board of Appeals
FROM : Richard Doucette, conservation Administrator
DATE : January 11, 1994
RE : Fox Hill Rd. Variance
I would like to take this opportunity to comment on the
variance request before you this evening since this property lies
in the watershed to the Town Water Supply. From a review of the
request, and an understanding of the hardship requirements needed
to obtain a variance, it is my opinion that this project does not
meet the requirements for a variance.
I would also hope that the Zoning Board of Appeals is aware
that continued residential development in the watershed has been
identified as one of the threats to our water supply. The
protection of our water supply is made difficult by the fact that
only 6% of the land in the watershed is protected conservation
land. The remainder must be regulated by the various boards who
are appointed to implement the various land use regulations.
I therefore recommend that the Zoning Board of Appeals reject
the request for a variance before you as it will add to the
negative cumulative impacts on our water supply.
January 11, 1994
DELIVERED BY HAND
To the Zoning Board of Appeals of the
Town of North Andover, Massachusetts:
As a major abutter to the open lot at 121 Foxhill Road, I strongly object to
the petition of Alan J. Forbes for a variance from the lot area required by
Table 2 Dimensional Requirements of Section 7.1 of the Zoning By Law. The
petitioner has no legal grounds for this request. Moreover, construction of
the proposed dwelling as sited in the petitioner's application would place two
homes in back-to-back proximity without precedent on Great Pond or Foxhill
Roads and would be totally inconsistent with the home placements in the Fox-
hill development.
To grant a more than 30% reduction in the area requirements for this R-2 Dis-
trict -- down from 43,560 sq. ft. to 30,377 sq. ft. --is such a hugh altera-
tion of the requirement that relief for the petitioner cannot on its face be
acceptable under the terms of our Zoning Bylaw.
The petitioner sets forth no facts which allow the Zoning Board to give a var-
iance under section 10.4 of the Zoning Bylaw.
Conditions in January 1994 are certainly different from those existing in 1987
at the time of the earlier, now lapsed variance:
• The residence at 105 Foxhill Road is finished and inhabited.
• Plans attached to the petition are specific and easy to understand.
• Both major abutters (170 Great Pond Road and 105 Foxhill Road) have
insurmountable objections.
• There has been significant residential activity by those relying on
the preotection of R-2 zone requirements.
Even if the letter of the By Law could somehow be ignored, building a single-
family home on Lot B at 121 Foxhill Road makes absolutely no sense and is
against the intent and terms of our Zoning Bylaw.
Granting this variance would have a general negative effect on the zoning dis-
trict by allowing a 100-foot back-to-back proximity greatly inconsistent with
the R-2 district and immediate neighborhood.
If the Mr. Forbes's petition is not withdrawn, I cannot underscore enough how
strongly I object to it, and to the Board's granting of a variance to him.
S n ery* d
Daniel170 Gra
North Andover, MA 0 84 -3027
Tel: 508-685-9893
n ✓ 5
VAN
2 .'S!!9
Received by Town Clerk:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant � � �- , /2 =� Address 6 4�
Tel. No. r?O W V
Z,10,j . P' - 37v- -7/03-
1.
37v- :7/0311. Application is hereby made:
jW
a) For a variance from the requirements of Sectionh
Paragraph_ and Table of the Zoning Bylaws.
j
b) For a special Permit under Section Paragraph
of the Zoning Bylaws.
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land I, and building(s)
numbered 4,dZ: 4'9x d'L.( Street.
b) Premises affected are property with frontage on the
North ( ) South ( ) East ( ) West (,�) side of
L( Street.
Street, and known as No.
Street.
C) Premises affected are in Zoning District RI and the
premises affected have, an area of 30 J77 square feet
and frontage of .:L/ � feet.
3 . Ownership:
caner if joint ownership, give all
a Name and address of o P,
( 7
names :
Date of Purchase / Previous Owner_
b) 1. If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser Lessee Other
2 . Letter of authorization for Variance/Special Permit
required.
4 . Size of prop gsed building: 1336q)2//`rfront; feet deep;
Height //----stories; feet.
a) Approximate .date of erection: S
b) Occupancy or use of each floor:
C) Type of- construction: LUdtiI) r
5. Has there been a previous appeal, under zoning, on these
premises? _X__ If so, when? _ I ' 7
6. Description of relief sought on this petition _
•�� ,� G� S•,tlC_�i I:- �r."1s.�. �i1l�tt.r/�(�-- C/1 i>>��i':;2.S: z�s--j hG'T
7 . Deed recorded in the Registry of Deeds in Book Page —
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
o
I agree o p the filing Vie, advertising in newspaper, and
inciden al e e es*
S nature of Petitioner(s)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties of
Interest" which list shall include the petitioner, abutters,
owners of land directly opposite on any public or private street
or way, and abutters to the abutters within three hundred feet
(3001 ) of the property line of the petitioner as they appear on
the most recent applicable tax list, notwithstanding that the
land of any such owner is located in another city or town, the
Planning Board of the city or town, and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an application charge
cost in the amount of $25. 00. In addition, the petitioner shall
be responsible for . any and all costs involved in bringing the
petition before the Board. Such costs shall include mailing and
publication, but are not necessarily limited to these.
Every application shall be submitted with a plan of land approved
by the Board. No petition will be brought before the Board
unless said plan has been submitted. Copies of the Board' s
requirements regarding plans are attached hereto or are available
from the Board of Appeals upon request.
Rev. 4/93
MALLETT ASSOCIATES, INC.
Environmental Consultants
43 Dewey Street
Tewksbury,Massachusetts 01876
(508)861-3256
July 27 , 1988
William MacLeod , P.E.
Andover Consultants, Inc.
1 East River Place
Methuen, MA 01844
Dear Mr . MacLeod:
At your request I have personally inspected a parcel of property
in the Town of North Andover , MA for the purpose of determining
whether the property contains any wetlands as defined by the.
Massachusetts Wetlands Protection Act (M.G.L. Ch 131 Sec.40) and
the Regulations (310 CMR 10.00) .
This parcel is designated as Lot B depicted upon North Essex
Registry of Deeds Plan No. 8322 and contains 30, 377 sq. ft. being
located at the corner of Great Pond Road and Foxhill Road in the
Town of North Andover, MA.
i
This parcel totally consists of upland topography and upland
vegetative community and is not subject to the wetlands
legislation.
If you or others have any further questions relative to this
parcel , Please do not hesitate to contact me.
Sincerely .
John C . Mallett, Ph.D.
Senior Aquatic Ecologist
i
SUBDIVISIONPLAN OF LAND IN NORTH ANDOVER
33537E
N
Frani: C. Gelina.s & Associates, Surveyors
January 3, 1960
Great Pond Really, Inc.
Carl. No. 8329
5.8. N 7204.9'00"E 3.9.
--•- �249.98
m
1
t i
N72044'40"£ I/72014'001F
Sewer
Easement
(20.00 Wide)
io ;'1 y`` Daniel J. Murphy v I
4, M
W r o
Q.
� t
16 ti, o :- P17
N N M tih M N 2
O �
1 C
a to
A
1r
!;4.6938 -
572°2.320°14'
GREAT POND ROAD
( VARIABLE WID rH J
1
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n fl'
Subdivision .of Part of Lot 4 1;!.. 'l:i' :I> :..,._•iIOV
Shown on Plan 335370 :..?..._? ;':,.._ ....:a..rri .....:=?-:..t.
Filed with Cert of Title iso, :� .F�,-�+C, :r� `'C�,ti.�',.`.`........
North Registry District of Essex County
Separate certificates of title mai be Issued for land
shown hereon astols_1__ond /7
----------------- Copy of par)of Flvn
i
By the Court.- -fihd in-
LAND REGISTRATION OFFICE
9 MAR. 12, 1980
Scale of this plan 40 feet to on inch
Md--t21 /980 �p w� Recol. RL.Woodbury,ErgineerfirCourt
F.T.F. (/
F.—LCV.-S-3. 2300.4.73
1L
., .. ri
:4 ER•tic
•: raps • •
TOWN OF NORTH ANDOVER
This 16 10 ON* twantY Cm) MA99ACl iUSr�"I'I"B
have Sapaida dW of dsd�ion AW -- •�,r�; �. � ... .�. �,;:�
wW,out J, ,
BOARD OF APPEALS �` t,,✓ �'
NOTICE OF DECISION C �''�•
Les D. Sheppard b
L ate March 11, 1987
D
Constance M. Sheppard . , . , . . . . . . . . . . . . . . . . . . . . .
170 Great Pond Road 57-50
North Andover,- Ma 01845 Petition No.. . . . . . . . . . . . . . . . . . . . . .
Data of hearing. . . . , ,March 10, 1.
Leslie D b Constance M. Sheppard . . . . . . . . . . . . . . . . . . . . . . . . .
Petition of . . . . . . ►.. . . . ... . . . . . . . . . . . . ... . . . . . . . . . . . . . . .
170 Great Pd. Rd and ad3ac lot . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . . . . 410-L! •h 7.
Section 7. paragrap
on Lor a variation from the requirementa of the . . . . . . . . . . . . .
Referring to the above petiti
znd Table 2 of the Zoning ByLaws. . . . . . . . . . . . . . . . . . . . . . . . .
two lots in an R72 zone, one of which
pe�anit thg, con��inµgd existence, of .
.:�;., to rezoning. . . . . . . . . . . . . . . . . . . . . .
is.pjre.4Qr1t1Y; undo;$ zed,. .�uf. . . . . . . . . ,. . . . . . . . . . . . . . . . . . .
on the above date, the Board of Appeals voted to : GRANT• the
After a public hearing given
. . . . . .varianc-e . . . . . . . . . . . . . . . . . . . . . .
X}�D�X. . . . . . . . .AS. REQUESTED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
tib
Vote as follows: Mr. Serio, Mr. Frizelle, Mr. Soule and Ms. O'Connor in favor
Mr. Sullivan opposed
- Signed
JiC,s,.,t lv ft,9.t�r. �t • �
Frank -Serio.,. Jr
Chairman. . .
Alfred •Frizelle, •Vice-•chairman • • • • • • •
ATTE
ST:
William Sul•1•ivan. . . . . . . . . . • . • • •
A True Copy . . . . . .
• Walter Soule . . . . . . . . . . . . . . '
Anna 0'Connor and o
Bo f Appeals
Town Clerk
386 Great Pond Road
North Andover, MA 01845
January 10, 1994
To Whom it May Concern:
We, the undersigned, as the current owners of the undeveloped
lot of land known as Lot A, Great Pond Road, North Andover,
Massachusetts, a.k.a. 121 Fox .Hili Road, hereby give our
permission to Alan J. Forbes of North Andover, Massachusetts
to pursue and obtain a Variance for the purpose of building a
single family dwelling on said lot of land, prior to Mr.
Forbes' purchase of said lot. We further give Mr. Forbes our
permission to obtain a Building Permit for said lot prior to
his purchase of the lot.
Sincerely,
I
Doug1 s J. Ely tv dith Ely Zazul.a
i
I
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
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ABUTTERS.
MAP PARCEL ILOT NAME ADDRESS
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J?ACHUO
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Douglas Ely
386 Great Pond Road
North Andover, MA 01845 Date: Februar 18 1994
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals .
Kindly submit $ 9.86 for the following:
Filing Fee $
Postage $9.86
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street , North Andover , Mass . 01845.
Sincerely,
BOARD OF APPEALS
Linda Dufresne, Clerk