HomeMy WebLinkAboutMiscellaneous - Appleton StreetTown of North Andover
OFFICE OF �i g� •a
COMMUNITY DEVELOPMENT AND SERVICES ° .
146 Main Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT 9SSACMUSE�
Director
Notice is hereby given that the Board of Appeals will hold a
public hearing at the Senior Citizen's Center located at the
rear of Town Hall Building, 120 Main Street, North Andover,
MA. on Tuesday the 8th day of October 1996 at 7:30
o'clock P.M. to all parties interested in the appeal of
Estate of Margaret Simon, o Blaine Gann, requesting a
Variance under Section 7, Paragraph 7.1 and Table 2 of the
Zoning Bylaws as to permit relief of required area to
accommodate the area needed to construct roadway as
required by the Planning Board.
Said premise is located as shown on Assessors Map 65, Parcel
7, Appleton Street; which is in the R-1 Zoning District.
Plans are available for review at the Office of Community
Development & Services, Town Hall Annex, 146 Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish Eagle Tribune 9.24.96 & 10.1.96
The applicant is responsible for
payment of the legal fee.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING
TPt
To
ttfitM'A'D,t�
Received by Town Clerk: JF
AM
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE -,ZONING ORDINANCE
�STAT� o F 1`"I�R�i/¢�jrq,�/►'IOC!
Applicant C o �3�A��.1� .Gm..r..�,..� Address 44 Me_r.rLtc-fa.c,cG fir- t''f JE�I
Tel. No.
1 Application is hereby made:
a) For a var1:frc; 1 -.he of Section
Paragraph, and Ta of the Zoning Bylc,tis .
b) For a special Permit under Section Paragraph
of.the Zoning Bylaws.
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2.. a). Premises.affected are land ✓ and building(s)
numbered .45GE:SsoR.6 t-LA.Q c,S'�S. .a AppL4 TD,t.% Street.
b) Premise's affected are property with frontage on the
North ( ) South ( ) East M West ( ) side of
Street.
Street, and ' known as No. SeTL3 t..r�G� P��7
Street.
c) Premises affected are in Zoning District and the
premises affected have an area of ,p square ,feet
and frontage of Asa feet...
3. Ownership:
a) Name and address of owner (if joint ownership, give all
names) : ^�
01 e '61-4...J
/l��Tffveti/,12JA15 elS011—. .
Date of :Purchase Previous Owner
b) 1. If applicant is not owner, check_ his/her interest
in the premises:
Prospective Purchaser Lessee Other
V
Rev. 10/95
J
t
d �
2. Letter of authorization for Variance/Special Permit
-required.
4. Size``of proposed building: front; feet deep;
Height stories; feet.
a)
b)
c)
Approximate date of erection: _
Occupancy or use of each floor:
Type of construction:
5. Has there been a previous `appeal, under zoning, on these
premises? If so, when?
6. Description of relief sought on this petition. Please explain
in detail below. (If requesting a variance or special permit,
please fill out the attatched table.)
7, Deed
recorded in the Registry of
Deeds
in Book /B9¢ Page-(4zr
Land
Court Certificate No.
Book
Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses*
INCOMPLETE AND ILLEGIBLE APPLICATIONS WILL NOT BE ACCEPTED OR HEARD
AT THE PUBLIC HEARING.
Name of Applicant(s) (Print) Signature_of Applicant(.$)
'Fell
y
Rev. 10/95
a
r
DESCRIPTION OF VARIANCE REQUESTED
a'
ZONING DISTRICT:
Required Setback Existing Setback Relief
or Area or Area Requested
Lot bimension
Area `( 7/ 1
5 Z7 Z_ 5. �
Street Frontage
Front Setback
Side Setback(s)
Rear Setback
Special Permit Request:
4,.
LIST OF PARTIES OF INTEREST PAGE 1 OF 1
SUBJECT PROPtRTY
MAP IPARCEL NAME ADDRESS
BLAINE65 Z NN EXECUTOR
ESTATE OF MARGARET R. SIMON
MAP PARCEL'. NAME ADDRESS
65 TYMVAKIEWIZ 464 APPIF
EVENy�ROCTOR385 APPL
CHARLES F. DEER N 162 PINE
"
133 JAMESA PANGAfsi�138 PINE
4154 0 415n r\AI r P7'Mr`r'TTr111[%T
m
Received by Town Clerk:
TD -0 GLr:i�K
�RiIfN
SEP 17 I
TOWN OF NORTH ANDOVER, MASSACHUSETTS,
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
ApplicantAddress 4:4 rt���ce-ria �.�G fir- t�'E�Ti1E�
Tel. No. G S 3 2 2
1. Application is hereby made:
2.
3.
a) For a variance from the requirements of Section_2_
Paragraph 7 and Table Z of the Zoning Bylaws.
b) For a special Permit under Section Paragraph
of. he Zoning Bylaws.
c) As a Party Aggrieved; for review of a decision made by
the Building Inspector or other authority.
a) Premises: affected are land ✓ and building (s)
numbered Street
bY, Premise's: affected are property with frontage on the
North ( ) South ( ;) East M West ( ) side of
street.
.Street, ,and known as No.
lPPc.er-a
Street.
C) Premises affected are in Zoning Districtand the
premises: affected have an area of ,p square feet
and frontage of 4S -e i feet.
Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
LS-r'�rr� ems' E-?�T—
b)
r
Rev: 10/95
n,,�.r 004 -Ir -
Date of Purchase Previous Owner
1. If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser Lessee Other
Y
2. Letter of authorization for Variance/Special Permit
required.
4. Size "of proposed building: front; feet deep;
Height stories; feet..
a)
M
c)
Approximate date of erection: _
.A
Occupancy or use of each floor:
•
Type of construction:
5. Has there been a previous 'appeal, under zoning, on these
premises? _ If so, when?
6. Description of relief sought on this petition. Please explain
in detail below. (If requesting a variance or special permit.
please fill out the attatched table.)
7. Deed recorded in the Registry of Deeds in Book /B 14 -Page 1¢.s'
Land Court, Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be.stated in detail)
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses*
INCOMPLETE AND ILLEGIBLE APPLICATIONS WILL NOT BE ACCEPTED OR HEARD
AT THE PUBLIC HEARING.
Name of Applicant (-s ) .(Print) Signature., of Applicant (•s )
k
Rev. 10/95
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT:
Required Setback Existing Setback Relief
Or Area or Area Requested
Lot Dimension
Area 0 71 1
Xl.84-8 .5 Z7
Street Frontage
l
LIST OF PARTIES OF INTEREST PAGE.A._OF 1
SUBJECT PROPtRTY
MAP PARCEL NAME
BLAINE ANN @ EXECUTOR
ESTATE OF MARGARET R. SIMON
MAP PARCEL NAME
ADDRESS
ti
Any Appeal shall be filed
within (20) days after the
date of filing this notice in
the Office of the Town Clerk
The
I
H..
`ou Z6 it 06 A� °96
Notice of Decision
Property: Map 65, Parcel 7 Appleton S
Estate of Margaret Simon Date: 11/26/96
Appleton Street Petition: 037-96
North Andover MA 01845 Hearing: 11/12/96
Board of Appeals held a regular meeting on Tuesday evening,Oct
t
ober
8, 1996, and a continued meeting on November 12, 1996 upon the
Variance application of the Estate of Margaret Simon % Blaine Gann,
Section 7, Paragraph 7.1, relief on the lot dimension, Table 2 of the
Zoning By Law.
The following members were present and voting: William Sullivan,
Walter Soule, John Pallone, Joseph Faris, and Ellen McIntyre,
The hearing was advertised in the North Andover Citizen on 9/24/96 &
10/1/96, all abutter were notified by regular mail.
Upon a motion by Walter Soule and seconded by John Pallone to Grant
relief requested for lot size of 1912 on Lot A, and 5272 on lot B to
construct a roadway for the two lots, that appropriate information be
shown on the plans for the cul-de-sac, that conditions 1 through 37,
in accordance with the Coler & Colantonio be complied with. Voting in
favor were: Walter Soule, John Pallone and Ellen McIntyre. Voting in
opposition were: Willliam Sullivan and Joseph Faris. The petition was
denied.
Denial was based on the issue that no evidence was presented on the
shape, soil or topography as stated in Chapter 40A Section 10.1 and
the engineering recommendations from Coler and Colantonio. One
descending member considered this a Planning Board issue.
Board of Appeals,
William Sullivan, Chairmaff
Any Appeal shall be filed
within (20) days after the
date of filing this notice in
the Office of the Town Clerk
IAN
NORTH 9 0 1 V� CLE4
° TATH ANQa'�ER
# 16 06
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice of Decision
0
Property: Map 65, Parcel 7 Appleton
Estate of Margaret Simon Date: 11/26/96
Appleton Street Petition: 037-96
North Andover MA 01845 Hearing: 11/12/96
t
The Board of Appeals held a regular meeting on Tuesday evening,October
8, 1996, and a continued meeting on November 12, 1996 upon the
Variance application of the Estate of Margaret Simon % Blaine Gann,
Section 7, Paragraph 7.1, relief on the lot dimension, Table 2 of the
Zoning By Law.
The following members were present and voting: William Sullivan,
Walter Soule, John Pallone, Joseph Faris, and Ellen McIntyre,
The hearing was advertised in the North Andover Citizen on 9/24/96 &
10/1/96, all abutter were notified by regular mail.
Upon a motion by Walter Soule and seconded by John Pallone to Grant
relief requested for lot size of 1912 on Lot A, and 5272 on lot B to
construct a roadway for the two lots, that appropriate information be
shown on the plans for the cul-de-sac, that conditions 1 through 37,
in accordance with the Coler & Colantonio be complied with. Voting in
favor were: Walter Soule, John Pallone and Ellen McIntyre. Voting in
opposition were: Willliam Sullivan and Joseph Faris. The petition was
denied.
Denial was based on the issue that no evidence was presented on the
shape, soil or topography as stated in Chapter 40A Section 10.1 and
the engineering recommendations from Coler and Colantonio. One
descending member considered this a Planning Board issue.
Board of Appeals,
William Sullivan, Chairman
NORTH 9
Q SSPE° ,br tiQ
O....., ,..,_..r�..,...
SA US
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Memorandum
To: George D. Perna, Director DPW
From: William Sullivan, ZBA, Chairman
Re: Variance Appeal - Appleton St.
Date: October 18, 1996
On October 8, 1996 a hearing was held on petition 037-96 for a variance on lot
size (Section 7, Para 7.1 and Table 2) of the Zoning Bylaw, for a 4 acre parcel on
Appleton Street and continued to November 12, 1996. The variance request was made
necessary due to current undeveloped road width of 35.69 feet. Petitioner, Blaine
Gann, (represented by Scott Giles) claimed that he has offered the town easement rights
on his two lots, for the proper Road width, which would allow development of these
two (2) acre parcels.
The petition, if granted, without easement rights, would create two undersized
lots.
Petitioner, Scott Giles, stated that the William Hmurciak, from the Department of
Public Works was consulted and the easement would be acceptable.
Would you please advise the Zoning Board of Appeals by November 11, 1996 of
the requirement for road width in regards to this old undeveloped road and the Town's
requirement and or policy on easement rights.
Plans and details are available at the town annex office with the
Administrative Secretary of the Zoning Board of Appeals.
Attachment
ZBA 68&9541 WILLIAM SULLIVAN, ZBA CHAIRMAN
NORTH 9A
° ZlE° Ibq 'YO
41
s 1
SSACHUSES
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Memorandum
To: Joseph V. Mahoney, Planning Board, Chairman
From: William Sullivan, ZBA, Chairman
Re: Variance Appeal - Appleton St.
Date: October 18, 1996
On October 8, 1996 a hearing was held on petition 037-96 for a variance on lot
size (Section 7, Para 7.1 and Table 2) of the Zoning Bylaw, for a 4 acre parcel on
Appleton Street and continued to November 12, 1996. The variance request was made
necessary due to current undeveloped road width of 35.69 feet. Petitioner, Blaine
Gann, (represented by Scott Giles) claimed that he has offered the town easement rights
on his two lots, for the proper Road width, which would allow development of these
two (2) acre parcels.
The petition, if granted, without easement rights, would create two undersized
lots.
Petitioner, Scott Giles, stated that the William Hmurciak, from the Department of
Public Works was consulted and the easement would be acceptable.
The petitioner, further stated, that a Planning Board requirement prevented this
action. Would you please advise the Zoning Board of Appeals by November 11, 1996
of the details surrounding the site plan review.
Attachment
ZBA 68&9541 WILLIAM SULLIVAN, ZBA CHAIRMAN
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
] h
LAp �_�i - . ,
Memorandum
ZF
BOARD OF APPEA, LS
To: William Sullivan, ZBA Chairman
From: Kathleen Bradley Colwell, Town Planner
Date: October 28, 1996
Re: Variance Appeal - Appleton Street
On May 23, 1996, Blaine Gann submitted an application for a definitive subdivision plan. In
reviewing the plan many waivers from the Rules and Regulations Governing the Subdivision of
Land in North Andover would be necessary in order to construct the roadway. Please see the
attached letter from our outside consultant listing all of the issues.
One of the most important waiver requests concerns the width of the right-of-way. Our
regulations require that "in all residential zones the street right-of-way width shall be fifty (50')
feet." The width of the right-of-way shown on the subdivision plan is as small as thirty (30') feet
in some places which would require a waiver of twenty (20') feet. The regulations also require
that the Town own the fee in the right -of way therefore an easement for the additional land is not
acceptable.
The applicant owns four acres of land. The land is located in the R-1 (2 acre) zoning district
therefore there is not enough space on the land to construct two conforming lots and a roadway.
The Planning Board is not willing to waive the width of the right-of-way to this extent simply to
allow Mr. Gann to create two lots.
He has chosen to appear before the ZBA in order to request a variance for the size of the lots in
order to reduce them below the two (2) acre requirement so that he can construct both the
roadway and create two lots.
If you have any other questions please do not hesitate to contact me at 688-9535.
C.C-!`P1Qnn`wnc,'?._00+6
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
COVER &
COLANTON10 2
ENGINEERS
h9p
�oh�n Ches��o� re c ormrnendS -VY,1 -4 P(I
-aw� ccn-
I
y
FACSIMILE COVER SHEET
To:
Company:
Phone:
Fax:
From:
1 Company:
Phone:
Fax:
Date:
Pages including this
cover page:
Comments: Kathleen,
K.atb.leen Colwell
Town of North Andover
(508) 688-9535
(548) 688-9542
John Chessia
Coler & Colantonio, Inc.
(617) 982-5443
(617) 982-5490
1�o +es+- P ; is -�b-
-tne- Veac-h*r i3 �afem
�e ccmrn-en c�S
Oily hcu&e- ona
Uuc we-- m dv"a
ou-4-
June 25, 1996
�C Y* CCX1S 1ri%c
5
50 I
er
Following is our review of tine Appleton Street S� _vision. I do not have a fax number for Giles
who appears to be the contact for this project. I'll call you tomorrow afternoon (6/26) to discuss
this review. It doesn't appear that they spent i-auch time reviewing the Regulations. If they
layout a roadway to corffor i. tit'uw the .requirements there is no subdivision since there would be
less than four acres of land to = ide and minimum lot size is two acres.
John
CVLER
ENG!NGr=P5 ANC cC;E.rj-i"T-
June)_5, 1996
Ms. Kathleen Colwell
Planning Director
120 Main Street
Notch Andover, MA 01845
RE: Engineering Review
Appleton Street
Residential Subdivision
Dear M.S. Colwell:
In response to your request, Coler &. Colantonio, inc. has reviewed the submittal package for the
above referenced site. The project has been reviei;ped for eonfonxrance to the requirements of the
"Rules and. Regulations Governing the Subdivision of Land" in North Andover as well as
standard engineering practice. The submittal package included the following information:
Plans Entitled:
• "Plan of Land in North Andover" three sheets dated 5/23/96, Prepared by Scott L.
Giles.
+ A report entitled "Appleton Street Storm. Water Run Off Analysis" dated S/23/96 ,
Prepared by Philip G. Christiansen.
We offer the following comments:
The site is located at the end of the existing layout of Appleton Street:, south of the
intersection of Stage Coach and Pine Ridge lkoads. Appleton Street is an unimproved
roadway with an existing access driveway constructed in the layout to service the lot on the
west side of the roadway. Additional land owned by others and not currently proposed for
development exists at the end and westerly side of the proposed layout. it is not clear who
owns the existing 'way between the stone walls. It appears to be an old cart path, however,
this is not clearly identified on the plans. It is proposed to extend the roadway and provide a
temporary turn around.
2. Section 3. C.) 3.) b.) requires a key map at a scale of 1" = 600' and 1" = 200'. These were
not provided on the plans.
Section 3. C.) 3.) d.) No subarea plans were provided therefore it is not clear that house,
driveway and lot grading was included in the calculations. The proposed design indicates an
increase in runoff rate being directed to abutting properties. The applicant should iticlu.de
evidence of permission to discharge runoff to abutting property at the end of the roadway.
4. Section 3. C.) 3.) e.) Pre and Post development hydrology maps were not provided.
S. Section 3. C.) 3.) h.) A soils map was not provided.
6. Section 3. C.) 3.) j.) An erosion control snap was not provided.
7. Section 3. C.) 3.) k.) a.) It is assumed that the Owner/Applicant is the estate of Margaret.
Simon. The address of the Owner/AppJicant and designer were not provided.
8. Section 3. C.) 3.) k.) g.) The proposed roadway layout should be clarified. It is unclear if the
roadway is to be a layout to be taken over by the Town or an easetnent. Centerline data
should also be provided indicating tangents, curves and sufficient data to stake out the
centerline from monuments on the ground. The centerline layout should conform to Town
standards for subdivision roads.
9. Section 3. C.) 3.) k.) I.) Refer to 8. above, it is unclear the intent of the "Roadway Easement"
on the plans. It appears that the easement area is part of the lots. The actual roadway layout
would be as narrow as 30 feet wide in some locations.
10. Section 3. C.) 3.) k.) k.) Topographic plans are incomplete relative to the requirements in the
regulations. The lots have not been graded, proposed dwellings and driveways are not
indicated. Topography is required to extend 50 feet beyond the lot limits. Grading is
indicated on lots 15 an. 26. It is not clear that the Applicant has rights to perform this
grading. Jn addition, side slope grading indicated on the plants will resu t in access problems
for Lot 26, a slope of steeper thatt 1:1 is indicated at the driveway. Side slopes are steeper
than 2, J., the maxrnrum, a oweunder the regulations, in several location~ Thep ins(To not
indicate retaining walls or revetments to maintain the steep slopes. The plans indicate a
swale being constructed along the easterly side of the roadway. This swaJe would discharge
across the Cul de Sac without being captured in a catch basin. This stvale will also impact
lot access to the proposed Jots.
11. Section 3. C.) 3.) l.)1.) The plans do not indicate limits of cleared land, woods, etc.
12. Section 3. C.) 3.) k.) m.) No soil test data has been provided, We recommend soil testing be
performed in the proposed location of the leaching area. Testing should be performed by a
certified soil evaluator and include information on maximum groundwater elevations.
Pernneability testing to confirm infiltration rate assumptions should also be performed. We
recommend that leaching areas be constructed four feet above the groundwater table. The
calculations for leaching systems should include reference data upon which the design is
based.
1.3. Section 3. C.) 3.) k.) o.) Refer to 8. and 9. above. In addition, no roadway monumentation is
proposed.
14. Section 3. C.) 3.) k.) p.) Profiles should indicate existing and proposed centerline grades in
figures on the grid, only proposed grades are indicated. Grades are required at 25 foot
stations on vertical curves. A benchmark is required on the plans.
1.5. Section 3. C.) 3.) k.) q.) Cross section grading is inconsistent with grading on the plan.
16. SeCtion 7, A,) 1.) 0 Refer to above comments regarding the proposed alignment.
17. Section 7. A.) 1.) e.) R is unclear hew math additional homes would be accessed through
future extensions of Appleton Street, The potential for fixture extensions may impact the
acceptability of the proposed grading,
18. Section 7. A.) 1.) k,) Insufficient. information is provided on the plan to assess site distance
requirements.
14. Section 7..A.) 2,) a.) Refer to previous comments regarding the layout. According to this
section of the regulations a right of way width of 50 feet is required for residential
subdivisions.
20. Section 7. A.) 3.) a.) Proposed grades exceed the maximum allowed 6% grade.
21. Section 7. A.) 3.) b,) There dues not appear to be a leveling area of 20/'o grade for 50 feet as
required under this section► of the regulations.
22. Section 7. A.) 3.) d.) Granite curbs are required for grades steeper than 6% if allowed. A
cape cod berm is proposed for the roadway.
23. Section 7. C.) 1.) As discussed in previous reviews, the grading of roadway shoulders is
unclear in the regulations. We note that a minimum of eight foot wide shoulders are
required. Proposed shoulders as indicated on the plans are a marrow as three feet. In
addition, side slope steeper than 2:1 are proposed.
24. Section 7. C,) 4.) Refer to above comment regarding side slopes.
25. flection 7. D.;) No sidewalks are proposed. Sidewalks may not be required for- the
SlibdiVlsiOtl 8t this time, however, provisions to add sidewalks if the abutting property is
developed may be desirable.
26. Section 7. E.) Proposed. Street trees are not in.dtcated.
27. Section 7. G) It is not clear how cable: utilities are to be provided to the lots since no
information on cable utilities is provided.
28. Section 7, H.) 3.) Slope easements are required for slopes steeper than. 4: 1..
25. Section 7. 1.) 1.) The proposed lots as sb.own meet the requirements of lot area and frontage
based on the existing property lines. To comply with Town standards for roadway layout
would reduce the lot area below the mi.ni.mum 2 acre requirement,
30. Section 7. M.) The plans as designed do not provide access to sanitary sewer service at the
frontage of Lot B. Either a force main or easement on Lot i1 would be required to service
Lot B.
31. Section 7. N.) 1.) .It is proposed to increase the runoff rate at a point discharge to abutting
property.
tA� .kt) be- casts- cn+ Lurn42-A co)
31 . Section 7. N.) 2.) It is unclear cleat the methodology used is consistent with the requirement%
of this section.
33. Section 7. N.) 3.) (b) ,Proposed peak flows are greater than existing peak flow rates.
3=1. Section 7. N.) 4.) No catch basins are proposed at the low point of the roadway. In addition,
a catch basin to catch basin arrangement is indicated versus the catch basin to inanhole
arrangement required in this section.
35. Section 7, N.) 11.) Calculations of stot7tt drain capacity, velocity, etc. were not provided. It
is not clear if the proposal conforms with this section of the regulations.
36. Section 7. N.) 14.) An eighteen ittch sump is proposed for catch Basin versus the 30 inch
minimum sump required.
37. According to Michael HoNvard of the Conservation Commission
,, wetlands exist on site
which may impact the design. These wetlands were not indicated on the plans.
We appreciate the opportunity to assist the Planning Board on this prUject and hope; that this
.information is sufficient for your needs. This project is relatively small and the Planning Board
May wish to consider waiving certain requirements of the regulations. We recommend, however,
that the Board consider the impact of future development associated with this roadway in the
granting of waivers from the regulations. We would be pleased to meet with the Board or the
design engineer to discuss this project at your convenience. If you have any questions please do
not hesitate to contact us.
Very truly yours,
COLER & COLANTONIO, INC.
ti
.10hn C. Cliessia, P.E.
TOWN OF NORTH ANDOVER, MASSACHUSETTS
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET, 01845
GEORGE PERNA
DIRECTOR
October 31. 1996
Mr. William Sullivan Chairman
Board of Appeals
146 Main Street
North Andover, MA 01845
re: Appleton Street - Simon property variance
Dear Mr. Sullivan;
Telephone (508) 685-0950
Fax(508)688-9573
The rules and regulations for the subdivision of land in the Town of North
Andover require the width of a street right-of-way to be fifty (50) feet in a residential
district.
In the Appleton Street subdivision the property lines on the east side of the road should be
revised to a location parallel to the existing property line on the west side of the road to
allow a 50 foot wide right of way to be conveyed to the Town.
In addition to the 50 foot wide conveyance, a temporary easement will be required
to construct a cul-de-sac at the southerly boundary of the subdivision. The combined 50
foot right of way and temporary easement should provide an area for a 120 foot diameter
cul-de-sac.
If you have any questions or require further information please advise.
Very`truly, ours,
'1
J. William Hmurciak P.E.
Assistant Director
Division of Public Works
**************
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Steven W. Proctor
385 Appleton Street
North Andover, MA 01845
(508) 685-6926
November 11, 1996
Board of Appeals
Town of North Andover
Main Street
North Andover, MA 01845
Re: Gann Request for Building on Appleton Street
To Whom it May Concern:
pA���d
LN0V:19:1
BOARD OF APPEALS,
My wife, son and I have lived in the Town of North Andover for 14 years, 8 of which has
been at 385 Appleton Street.
This section of Appleton Street, which we live on, has not been recognized by the Town
as an "approved" road for the purposes of receiving town services; therefore, we have had
the.obligation.of.maintaining the road, having.it.plowed during the winter, all of which
has, been.an,expense,.to us: _Due to its erosion, we have had to hire,a contractor to patch
it in several -places. There,is no finished surface and it is very course and .pitted. This'is
not to mention my wife loses several days from her job each winter., She cannot
negotiate a successful turn out of our.driveway to get up enough speed to get to the top
of the street (approx. 110 ft incline) due to the width of the existing roadway. This
becomes a sand and salt issue.
Additionally, in order to have Town services of the mail and trash pickup, we must have
our mailbox and trash placed at the top of Appleton Street. If the Town will not provide
the above services to this section of Appleton, how can the fire department do the
same? We would like to remedy the situation ourselves as it would certainly enhance
our own property, but we do not want to incurr the thousands of dollars required to
repave the roadway, and then should it be approved in the future, we would be out
those dollars. Clearly, this is an issue we will one day have to address.
Needless to say,we are in support of Mr. Gann's plan to enhance what otherwise is a
negative situation. Additionally, there is an exposed sewer drain with an unsecured
manhole cover and a fire hydrant which is inaccessible.
think you can understand why we would want this roadway approved and a finished
street put in. This would relieve us of the burden and the expenses involved in
maintaining the road, which. should be the responsibility of the Town. We have paid to
the Town;a,great deal. of taxes over the past 8 years for services which.we are not getting.
While we do,not-,object to paying our fair share of taxes to benefit:the Town and school
system,. we feel :we are not getting a fair shake. Basically, we are.stuck in the middle of a
no win situation because the -Town will not finish the road and yet won't allow a
contractor to complete it.
Board of Appeals
-2-
November 11, 1996
hope this gives you some insight to the situation that we have had to deal with over the
past 8 years. I would like to have your thoughts.
Since y,
Steven W. Proctor IL
cc: Planning Board
Mr. B. Gann
NORTH 9
p t�Eo ia. 1•°
�H�iED SPP y'(LJ
SS CH
TOWN OF NORTH ANDOVER
MASSACHUSETTS November 16, 1996
Mr. Steven W. Proctor BOARD OF APPEALS
385 Appleton Street
North Andover MA 01845
Re: Gann - Zoning Board of Appeals
Dear Mr. Proctor:
The Board of Appeals is in receipt of your letter of November
11, 1996 received on November 19, 1996, seven days after the public
meeting of which legal notification was sent to you on September
24, 1996.
The petition 037-96 of the Estate of Margaret Simon %Baine
Gann for a variance was originally heard at a public meeting on
October 8, 1996 and continued until November 12, 1996. To complete
the necessary evidence for the Board to arrive at a decision.
The evidence presented by Scott Giles in behalf of Blaine Gann
did not address the issue of Section 10.4 of our By -Law relating to
circumstances of soil conditions, slope or topography of the land.
The issue was non -conforming of two lots due to a narrow roadway.
A viewing of the site by two members of our Board confirmed your
concerns as for a sewer and fire hydrant approximately two hundred
feet beyond the current terminus of Appleton Street. Information
received from Coler & Colantonio, a consulting firm, stated as many
as 37 items that needed to be addressed by the applicant. Your
concerns as stated in your letter was identified in this consulting
firm's correspondence.
The presents of a sewer line and water line to a hydrant well
beyond suggest that this petition is an incomplete Planning Board
issue.
Is it possible that you, Blaine Gann and the other surrounding
property owners (Ann Tymvakiewiz) could resolve the issue with our
North Andover Planning Board?
Very truly yours,
William Sullivan, Chairman
Zoning Board of Appeals
WS/jm
Blaine Gann, Executor
Blaine Gann, Executor
41 Merrimack St
41 Merrimack St
Methuen MA 01844
Methuen MA 01844
Anna Tymvakiewiz
Anna Tymvakiewiz
464 Appleton St
464 Appleton St
No. Andover MA 01845
No. Andover MA 01845
Steven Proctor Steven Proctor
385 Appleton Street 385 Appleton Street
No. Andover MA 01845 No. Andover MA 01845
Charles Deehan Charles Deehan
162 Pine Ridge Rd 162 Pine Ridge Rd
No. Andover MA 01845 No. Andover MA 01845
Richard Nye Richard Nye
150 Pine Ridge Rd 150 Pine Ridge Rd
No. Andover MA 01845 No. Andover MA 01845
James Pangakis James Pangakis
138 Pine ridge Rd 138 Pine ridge Rd
No. Andover MA 01845 No. Andover MA 01845
Dale Street Trust
Dale Street Trust
% Ben Osgood
% Ben Osgood
69 Old Village Lane
69 Old Village Lane
No. Andover MA 01845
No. Andover MA 01845