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Miscellaneous -Lot 13C Duncan Drive
+ 1 � OECISION DUE u r) iT DI�✓� v -d 9 1 �-D 1�r,n yah �Jr Ann T �✓65 �/l0 t'""' <- �9 � "^' �I �`�'c'� 6 I . ZBA , 7,) This certifies that Date TOWN OF NORTH ANDOVER RECEIPT haspaid ......... v.............................................................. for ... L - .............. ........ Receivedby ........ I ............ ....... .................................................. Department .....5 :n.1 WHITE: Applicant CANARY: Department PINK: Treasurer ZBA u ; j Date .. .. . ✓ D � TOWN OF NORTH ANDOVER RECEIPT This certifies that .1).o...... .0 � .! 4!. ..�?.11 �.................... t..0........1 y ............................................ has paid 4 for ................� Received by .. %�� .. 1.1'l......................................................... Department........ 2.. -d . A................................................................... . WHITE: Applicant CANARY: Department PINK: Treasurer Town of North Andover i;C=L I'Y ? �'�Fe of the Zoning Board of Appeals YC - �, )A i . jL Ui 1lnity Development and Services Division 27 Charles Street -North Andover, Massachusetts 01845 D. R&g��T22P2: rt Mcetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2002 at: Lot 13C Duncan Drive Telephone (978) 688-9541 Fax (978) 688-9542 NAME: Ann T. Barbagallo HEARING(S): October 8, 2002 ADDRESS: Lots 13B &13C Duncan Drive PETITION: 2002-024 North Andover, MA 01845 TYPING DATE: 10/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, October 8, 2002 at 7:30 PM upon the application of Ann T. Barbagallo, 120 Duncan Drive North Andover, for premises at Lots 13B & 13C Duncan Drive requesting a dimensional Variance from Section 7, Paragraphs 7.1 (Lot Area), 7. 1.1 (Contiguous Buildable Area), 7.1.2 (Lot Width), & 7.2 (Frontage) and Table 2 to allow a single family dwelling, within the R-1 zoning district. The following members were present: Walter F. Soule, John M. Pallone, Scott A. Karpinski, George M. Earley, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2"d by John M. Pallone, the Board voted to GRANT the petition for dimensional Variance for Lot 13B from Table 2 and Section 7,. Paragraph 7.1(required Lot Area = 2 acres — 1.33 acres) relief of .67 acre, Paragraph 7.1.1, (required CBA = 75% - 509o) relief of 25%, Paragraph 7.1.2 (required Lot Width= 100' — 50') relief of 50', Paragraph 7.2 (required Street Frontage = 175' — 150') relief of 25' and; for Lot 13C from Table 2 and Section 7, Paragraph 7.1 (required Lot Area = 2 acres — 1.77 acres) relief of .23 acres, Paragraph 7. 1.1 (required CBA = 75% - 50%) relief of 25%, Paragraph 7.1.2 (required Lot Width = 100' — 45') relief of 55', Paragraph 7.2'(required Street Frontage = 175' — 150') relief of 25', as shown on Plan of Land prepared for Barbagallo Children Realty Trust showing Lot 13C Duncan Drive certified by Thomas J. Neve, P.L.S., Thomas E. Neve Associates, 447 Old Boston Road, Topsfield, Massachusetts 01983, dated April 10, 2002. Voting in favor: John M. Pallone, Scott A. Karpinski, George M. Earley, and Joseph D. LaGrasse. Voting against: Walter F. Soule. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule, Acting Chairman Decision 2002-024 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 vvi i -ti avv,;. 1)•J-! re►iL vi Aug -14-02 :1.3:27P Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. RobE rt Nicc'tta Building C'omna.,uioner -TOWN:o . NOWWANDOVEW No�rlK dbger;, . ebecd of Appeals: Noticdiahelreby given that, the'_' Board of AppediPwill hold a public hearing. at.the Senior Center,. `12W Main Streeti,Wboh. Andover, MA orr:'[Stes*the 8th of October, 2002.at 7:30 p.m. to'all parties inter- ested in the appeal rof- Anmr., Barbagallo,,120- Duncan Drive; North Andover, for premises at Lot -.13C, 0uncarrDrfv& requesting, a: dimension al.Variancelrom Section 7,' Paragraphs 7A,1(Lot Area); 7:1.1 -(Contiguous Buildable,. Area), 7.1.2 (Lot Width);._ & 7.2 (Frontage) within Table 2 to allow a --single family dwelling. . . Said -premises affect ed is property with frontage on the North side. of Duncan Drive, within the R-1 zoning dis- trict. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA, Monday through Thursday during the hours of 9:00 AM to 2:00 PM. By ober of the Board of Appeals William J. Sullivan, Chairman IT — Sept. 23, 30, 2002 Legal Notice North Andover, Board ofAppeals N. 4 F'_02 P •a O .dcsa.. Telephone (978) 68$-9541 rax (978) 688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senor Center, 120R Main Street, North Andover, MA on Tuesday the 81h of October, 2002 at 7:30 PM to all parties inwested in the appeal of Ann T. Barbagallo, 120 Duncan Drive North Andover, for premises at Lot 13C Duncan Drive requesting a dimensional Variance from Scction 7, Paragraphs 7.1 ('Lot Area), 7. 1.1 (Contiguous Buildable Area),. 7.1.2 (Lot Width), & 7-2 (Frontage) within Table 2 to allow a single family dwelling. Said premises affected is property with &ontagc on the North side of Duncan Drive within the R 1 zoning district. Plans are available for review at the office of the Building Departtncrn, 27 Charles Street, North Andover, MA Monday through Thursday from the Hours of 9:00 AM to 2:00 PM. By order of the Hoard of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on September 23 & 30, 2002. Legalnotice 2002-024 ti N � L- C�: G7 - CZ, 0) ZiMM r zZqr �7,0n- rn -, -x N Rr)ARD OF APFF.ALJ 688-9541 BITn X)1NC4 r>tt".4.- CONSERVA77ON WtB')53U ILLALTEI CN i-4540 FLANNINO 68x-9633 �- I�n C 61 V\ c1 \Ii ` G� n L -C . ny appeal shall be filed Notice of Decision ithin (20) days after the Year 2002 ate of filing of this notice in the office of the Town Clerk. Property at: Lot 13C Duncan Drive NAME: Ann T. Barbagallo HEARING(S): October 8, 2002 ADDRESS: Lots 13B &13C Duncan Drive PETITION: 2002-024 North Andover, MA 01845 TYPING DATE: 10/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, October 8, 2002 at 7:30 PM upon the application of Ann T. Barbagallo, 120 Duncan Drive North Andover, for premises at Lots 13B & 13C Duncan Drive requesting a dimensional Variance from Section 7, Paragraphs 7.1 (Lot Area), 7. 1.1 (Contiguous Buildable Area), 7.1.2 (Lot Width), & 7.2 (Frontage) and Table 2 to allow a single fam' y dwelling, within the R-1 zoning district. 611owi0g mem rs wer pre qt: iam J. Sullkvan, WrF. So le, John A. K`�``iL's , inEllen P. e M. Earle Joseph D. kaQgae Upon a motion by Joseph D. LaGrasse and 2"d by John M. Pallone, the Board voted to GRANT the petition for relief of dimensional Variance for Lot 13B from Section 7, Paragraphs 7.1 of .67 acre, 7. 1.1 of 25 % CBA, 7.1.2 of 50' width, & 7.2 of 25' frontage and Table 2; for Lot 13C from Section 7, Paragraphs 7.1 of.23 acre, 7.1.1 of 25% of CBA, 7.1.2 of 55' width, & 7.2 of 25' frontage and Table 2 as shown on Plan of Land prepared for Barbagallo Children Realty Trust showing Lot 13C Duncan Drive certified by Thomas J. Neve, P.L.S., Thomas E. Neve Associates, 447 Old Boston Road, Topsfield, Massachusetts 01983, dated April 10, 2002. Voting in favor: John M. Pallone, Scott A. Karpinski, George M. Earley, and Joseph D. LaGrasse. Voting against: Walter F. Soule. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule, Acting Chairman Decision 2002-024. ru rTI .EFiTIFIEDfiMAIL`` RECEIPT r,; J4 M Postage $ M 31 M Certified Fee M b Return Receipt Fee Here M (Endorsement Required) Postage $ 1 3 or PO Box No. 96 Lost Pond M Ln Certified Fee M d. 3 $ LCI M q5 Er 3"t —T, Restricted Delivery Fee (Endorsement Required) r-1 Howard & Joyce MCKew - I -I'll r3 Return Receipt Fee (Endorsement Required) ------------ ---------- Burford Street 0 r- r• ---------- --------- ------------------- -------- --------------------------•----•------ -----------=--------- city, State, ZIP *J ma n R4c; 0 Robert & Welch .................................. Gayle ................... --------- r -I O ------------------------------- Street, Apt. N . 0.; OBOX No, or PO M 0 Restricted Delivery Fee (Endorsement Required) ... Andover , MA 01845 Total Postage & Fees $ s ntTo& Linda Burns Daniel M ----- '��irp'eet-Apt. *No.; ------------------------------------ Oro'Box No. 131 Duncan D- C3-ejj;,-�j�iW-i --- N --- ------- -- -- -- - ------ Ando v e r MA 018 4 5 ru rTI .EFiTIFIEDfiMAIL`` RECEIPT r,; J4 M Postage $ M 31 ru rTI O Restricted Delivery Fee 0 (Endorsement Required) C3 Total Postage & Fees M Postage $ M 31 M Certified Fee (a ostmark LrI Return Receipt Fee Here M (Endorsement Required) -33 M 0 Restricted Delivery Fee or PO Box No. 96 Lost Pond (Endorsement Required) Ln M Total Postage & Fees $ LCI Return Receipt Fee (Endorsement Required) q5 Er 3"t —T, Restricted Delivery Fee (Endorsement Required) r-1 Howard & Joyce MCKew - rq C3 * Street, 'Iffiw Apt. No ' or PO Box No. 403 ------------ ---------- Burford Street 0 r- r• ---------- --------- ------------------- -------- --------------------------•----•------ -----------=--------- city, State, ZIP *J ma n R4c; lover Conservation Commissi ------------------------------------------------------------------ 4pt lox . No." 27 Charles Street ----------------------------------------------------- ............. City, brate, ZIP+ 4 N. Andover, MA 01845 Ln -I--- ', � i. I � p, R. M M Postage $ Ln M Certified Fee 9.30 Ln Return Receipt Fee 0 (Endorsement Required) C3 Restricted Delivery Fee 13 jr—l— .... nt R.—IM,11 9. Sent To r -'Gary & Susan Weiman r-9 CO orPOBoxNo. 88 Duncan Drive C3------------------------------------------------- a ------------------------------------------- City, State, ZIP+ 4 N Andover, MA 01845 IT EMIR 1,111 M ru M A Postage $ rr 37 M Ln M Certified Fee Lr) Return Receipt Fee (Endorsement Required) C3 O Restricted Delivery Fee 0 (Endorsement Required) C3 Total Postage & Fees M M Sent To --- r9 Paul & Jacqueline Jacobs r-9 Postage -33 s M or PO Box No. 96 Lost Pond Lane Ln Certified Fee -300 0 rk LCI Return Receipt Fee (Endorsement Required) q5 0 0 C:J IM Restricted Delivery Fee (Endorsement Required) % ? 0 Total Postage & Fees a ivy 'rent r :-I 1 0 Robert & Welch .................................. Gayle ................... --------- r -I O ------------------------------- Street, Apt. N . 0.; OBOX No, or PO Dunc-aiL.-Dr-jS-e -------- ------------------ ... Andover , MA 01845 lover Conservation Commissi ------------------------------------------------------------------ 4pt lox . No." 27 Charles Street ----------------------------------------------------- ............. City, brate, ZIP+ 4 N. Andover, MA 01845 Ln -I--- ', � i. I � p, R. M M Postage $ Ln M Certified Fee 9.30 Ln Return Receipt Fee 0 (Endorsement Required) C3 Restricted Delivery Fee 13 jr—l— .... nt R.—IM,11 9. Sent To r -'Gary & Susan Weiman r-9 CO orPOBoxNo. 88 Duncan Drive C3------------------------------------------------- a ------------------------------------------- City, State, ZIP+ 4 N Andover, MA 01845 IT EMIR 1,111 M ru M A Postage $ rr 37 M Ln M Certified Fee Lr) Return Receipt Fee (Endorsement Required) C3 O Restricted Delivery Fee 0 (Endorsement Required) C3 Total Postage & Fees Sent To --- r9 Paul & Jacqueline Jacobs r-9 -------------------------- Street, Apt ----------------------------------------------- C3 or PO Box No. 96 Lost Pond Lane C3------------------------------------------------------------------------------------------------- City, State, ZIP+ 4N. Andover, MA 01845 w Return ReceiptFee (Endorsement Req 0 ru 0~ R 3.^..a CI 0 Restricted Delivery Fee (Endorsement Required) 0 Total Postage & Fees Cr tr. a Ir ,q ..- .•. .0 71 Mni Postage $ �`•! Ln Postage $ / Ell M C3 (Endorsement Required) Q N P Lel Ln Certified Fee 0 O Restricted Delivery Fee (Endorsement Required) Lr) Return Receipt Fee C3 N 0 (Endorsement Required) O M Restricted Delivery Fee (Endorsement Required) over Conservation Commissi 0 No. 27 Charles L�e Street p Total Postage & Fees' $ i Er .r Sent To, Daniel & Linda Burns r9 0 Street, Apt..No.; or PO Box No. 131 Duncan Drive O---......----- c/ry, srare, zrPt a N - -- -- --......•--- Andover MA 01845 U S`�P,ostal Service to CERTIFIED`MAILil, ;,OPT Y�(Domestic Marl Only; �No Insurance CoveragerProvrded) �1 of .� ,3. .. ..... '" . �u, r""� �.r"•. "v4 .hP is ...'. CO M M m Ln M "I Return ReceiptFee (Endorsement Req 0 ru 0~ R 3.^..a CI 0 Restricted Delivery Fee (Endorsement Required) 0 Total Postage & Fees Cr Ir ,q Fsent To Robert & MFIVI 71 M Certified Fee Postage $ �`•! Ln Certified Fee a 3 0 opo M N C3 (Endorsement Required) Q N P Lel Return Receipt Fee (Endorsement Required) �• 0 O Restricted Delivery Fee (Endorsement Required) C3 Total Postage & Fees a over Conservation Commissi 0 No. 27 Charles L�e Street , ZfP+ 4._... N. -- -- - - - --------------------------------------- Andover MA 01845 U S`�P,ostal Service to CERTIFIED`MAILil, ;,OPT Y�(Domestic Marl Only; �No Insurance CoveragerProvrded) �1 of .� ,3. .. ..... '" . �u, r""� �.r"•. "v4 .hP is ...'. CO M M m Ln M "I Return ReceiptFee (Endorsement Req 0 ru 0~ R 3.^..a CI 0 Restricted Delivery Fee (Endorsement Required) 0 Total Postage & Fees r 3 i Ir ,q Fsent To Robert & rq 0 0 t~ r9 ru 0~ R 3.^..a Postage $ r 3 i Ma'3d M Certified Fee Lr) Return Receipt Fee (Endorsement Required) t S fJ C—I d 0 O Restricted Delivery Fee , N C3 (Endorsement Required) C3 Total Postage & Fees Ir Sent To Paul & Jacqueline Jacobs -------------------------•--------------------------------------------------------------------- ri Street, Apt. No.; C3 orPOBoxNo. 96 Lost Pond Lane C3------------------ ----------•-•---------------------------------------- city, State, ZIP+ N. Andover, MA 01845 CO 6 ru U Z taw Postage $ .37 171 w Ln Certified Fee 3 0T'� Ln C3 Return Receipt Fee (Endorsement Required) �S ©►+� (� Q C) �. a ..- .•. CI (Endorsement Required) r` (Endorsement Required) M Total Postage & Fees 53�@ fi R Com; ..m 'ey ij mPostage C3 $ .V � Lr) Q" a ent o , 0 sr,� M Certified Fee ri C3 o-- or PO Box No. J--43 i2uac-ail.... Lrl Return Receipt Fee ' • �S �(((�JJJf����, i f� �•'d s C3 (Endorsement Required) (Endorsement Required) d. 30 1 Restricted Delivery Fee (Endorsement Required) CI CI {i , O Total Postage & Fees $ , t S C3 Total Postage & Fees $ a "Douglas & Joyce Ballard � Street, Apt. No ------------------------------------------------------ ---------_..---•-----= -------------•--------------•------ , C3 orPOBoxNo. 14.2 Duncan Drive CI----•------------------ ------- � city, state, z►P+ -----•------•----------..._.---- ..................... .._..... Lodae T. Andover, MA 01845 11 11 Duncan CO 6 ru U Z taw Postage $ .37 171 w Ln Certified Fee 3 0T'� Ln C3 Return Receipt Fee (Endorsement Required) �S ©►+� (� Q C) Restricted Delivery Fee Return Receipt Fee ., CI (Endorsement Required) r` (Endorsement Required) O Total Postage & Fees •P' a t C3 � 1 Q" a ent o , 0 sr,� M - .S.C4):t _.&...x..imbpaxiy-_..Daea^g a --------------------------- Street, Apt. ri C3 o-- or PO Box No. J--43 i2uac-ail.... rime 2.. city, State, zrP+ --- N. Andover, ---------------------------•- MA 01845 ent TO illiam & :11 11 (Endorsement Required) t.r) Return Receipt Fee ., a ..• .-. �• r` (Endorsement Required) r'9 Lnits ere ;h ? $' � i'�xn U C3 � 1 Postage $ r , 0 sr,� M Certified Fee �. 3 O ra�4 (f} �y Lrl Return Receipt Fee / S $ 3 3 ent TO illiam & 0 (Endorsement Required) d. 30 1 Lr)C3 � CI CI Restricted Delivery Fee (Endorsement Required) H �® C3 Total Postage & Fees $ a C3 Total Postage & Fees $ a t 4' Sent o Gary & Marcia Parker ri 1:3 -- ................................................. Street, Apt. No.; orPOBoxNo. 14 ......... Duncan Drive C3-----------•----------------- City, State, ZIP+ --•--•----------------------- -------------------------- Andover, MA 01845 City, State, ZIP;7w- . :11 11 t.r) Return Receipt Fee ' �• B (Endorsement Required) r'9 ere MINE= C3 � 1 O Total Postage & Fees w M Postage $ • '� mPostage Certified Fee $ 3 3 ent TO illiam & U1 Certified Fee d. 30 n Lr)C3 � Return Receipt Fee (Endorsement Required) t H CI CI Restricted Delivery Fee (Endorsement Required) d $ i Drive C3 Total Postage & Fees $ a t S Ann Bova Andover, C3 No.; -------- orPOBoxNo. 119 Q' Sent To City, State, ZIP;7w- rq Scott & Mary Ann Lodae � -- ------- --- o.;--------------•-------------.-..--------.------•------------------------ Street, Apt. No.; CI orPOBoxNo. 154 Duncan Drive o•-------------------------------- Cit City, State, ZIP* ------------- t.r) Return Receipt Fee ' �• B (Endorsement Required) r'9 ere CI O Restricted Delivery Fee (Endorsement Required) � 1 O Total Postage & Fees w M Postage $ • '� L'a. M Certified Fee 30 ent TO illiam & tr) CI Return Receipt Receipt Fee (Endorsement Required) ` C , J t im co Po N CI CI Restricted Delivery Fee (Endorsement Required) H CI Total Postage & Fees d $ i Drive S i't,ZIN ciy,SateP+4N.` Q' ErSent To Michael & ------------- Ann Bova Andover, C3 No.; -------- orPOBoxNo. 119 --------"' Duncan Drive CI----------- N City, State, ZIP;7w- t.r) Return Receipt Fee ' s C3 (Endorsement Required) ere CI O Restricted Delivery Fee (Endorsement Required) y y O Total Postage & Fees Er rl ent TO illiam & Regina Su t r -R .....-------• Street, Apt. Na.; -..... --------------•---------------•--- M or PO Box No. 89 Duncan Drive i't,ZIN ciy,SateP+4N.` Andover, MA 01845 1844 5 7099 3220 0007 0158 9138 099 3220 0007 0158 9121 Rin y . G m -.4 • y OA,(m 9orgy om :e;�1 mN•3 �iOm c� 3& 33 .SN `�',2•iz� m 30 �� m �� N.p 1•C m �< �N V a C E rt bE'd M W F° V (D n m m m :m�;of 2 w sm AI m m 099 3220 0007 0158 9121 Rin y . G m -.4 f"ii 31 :e;�1 mN•3 c oM b 1' m 'JN 3a 33 �� m x�m �? O;� fi Af} m m pD m= a mm .� m o o �. F° V (D n H ag am m m m m m m N L7�t 7001 19+0 00.05 3534 4543 tq o m'n. bm�ll �. -04 of oM 'JN o _ N :J N mm am m N 0 N 00 Ul 7099 3220 0007 0158 9145 ru r'U e. rD r'U Postage $ Certified Fee 3 (D M Return Receipt Fee C3 (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement Required) Susan Bielidki M ru Total Postage & Fees ........ ----- ------------- - c M r-3 Sent To N. Andover A 8 MA 01845 -j-D -s --- �& ---- Ghx-i-s-tin& --- Tei-rault --------------- ,Rip# P. 0'102 or PO Box No. Lost Pond Road ---------------------------------- ----------------------------------- N. Andover, MA 01845 ru ca ru Postage $ Certified Fee fTl C3 Return Receipt Fee (Endorsement Required) C3 M Restricted Delivery Fee (Endorsement Required) C3 ru Total Postage & Fees $ M C3 TO so6arios and - ------------------------------------------------------------------ Susan Bielidki Street, - -- ----- P No ........ ----- ------------- - c C3 0 L;4 _ Or PO Box No. 103 Lost Pond Lane:� c'Y _,Z . . .... ----------------------------------------------------------------- N. Andover A 8 MA 01845 D. Robert Nicetta Building Commissioner Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Legal Notice North Andover, Board of Appeals F Telephone (978) 688-9541 Fax(978)688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 28th of May, 2002 at 7:30 PM to all parties interested in the appeal of Ann T. Barbaga11o,120 Duncan Drive North Andover, for premises at Lot 13C Duncan Drive requesting a dimensional Variance from Section 7, Paragraphs 7.1 (Lot Area), 7. 1.1 (Contiguous Buildable Area), 7.1.2 (Lot Width), & 7.2 (Frontage) within Table 2 to allow a single family dwelling. Said premises affected is property with frontage on the North fide of Duncan Drive within the R-1 zoning district. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on May 13 & 20, 2002. Legalnotice 2002-024 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 N IV CD - -nu_.DC'CL!7) W Nn C 06 >. 1,�t`0 ii �C C�rT 1JI NVL U°'L NO ro.O.SmE -1.XC OZ N ca U0_ ONNO .N w°N- ZO5Z N>EO >tCNC mNd�O r. O L9 N OpO 7 a-1Npr.O1°0 Qn0 : ?OW °a Za yQai�N�c aW> �cc tQL Q NZ C y.L Qo ° at �§C•23 a¢ -Cq m o C�t-°w ) Q o - - N >o o droO r oN�O� _ roayOarcom UZ"~Wm°Q y c° m-Zm'o.°'c>m°=Na'sm o�o Nmrnm�c �JZo .._ W aac`- oaV �C >°�0V�E56Z0a>00nCO a �>I Z U)ON QrC 2N =C11� � > uQd W 6O= ft BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 ■ Complete items 1, 2., and 3. Al,o comptoto horn 4 if Restricted Delivery is clq%ired. ■ Prlrlt your name and address on the reverse so thttt we can return the card to you. ■ Attach this card to the back of the mallploco, or on the front if space permits. 1. Antero Addrnsaed to: { fI S�_ t 0 3 LOSt PvYC� l-6- vve- Q 0ecWove r;M� 0kNt' A. Sign re X ) d Ayorit O Addras:sen 8, oWived by (Printed AUfn- C. Dalo of Dollvury D. Is delivery address d'dferem from item 17 ❑ Yes If YES, ontor delivery addr053 below: 0 No 3. Se a Type Certified Mail 0 Expross Mail 0 m"tstereo p Return Aecolpt for Merchnndlsn 0 Insured Moil O e,O.D. SS /� a. RrsMCted Dollvery? (67n Fee) ❑Yes 2. Article Nurhtxr (Tr,M07f fmm ser XW label) YS form 3811, August 2001 oomtr.;dr. Rnh,m RACnlpt to,.,ls m -M 0t11: • Comptoto itorns 1. 2. and 3. Also complete A. Skln;duru itam d it Re:itriclud Dolivory is dosired. ■ Print X '� ❑ Agent your name and -address on thH revor^,o O Addresse so that we can return the card to you. e • Attach this card to tho back of tho mailpioco, B. Hucljivod by (Nrir)(od MOmo) C. Date of Delivery or on the front if spice permits. 1. Article Addrorsnd to: – - 0. Is delivery address different from item 1? 0 Yes If YCS, orator dulivory addrt>;;s bulow: 0 No 3. or ' e Type Cortifiud Mall 'A[ttpruns Mal O nngrstared 'C 1191ure Receipt for Merchandise ❑ Insured Mail 0 e0m. � f� 6 �L_ 4. utN;Mrrnd Dnllvnry? (Fir rn Fen) ❑ Yos Z. Artiulu Number'—_-- (Tnmfer fmm service ratio$ Ps corm 3811, August 2001 Domestic Roturn Ruceipt 1025fl5.02•M-0835 SENDER; .SECTIONCOMPLETE.•� M Complete items 1. 2, and 3. Also c:Omploto .Inaturo ^ , ` O nt itom d if Restricted Delivery is desimd. X ? ddra �f'+�'O ="eA ■ Print your name and addscs on the revors+� t<r SO that we can return the card t0 you. • Attar,h this card 10 The back of the mailpioco. eivod by (Prlr� Ntt ir) C. aie f,Detivory }w or on the front if space purmits. — ----. ----- - — — — — — -- 1. Article Addro .slid to: D. Is dullvery itcldress Heron rem ikon 1? ❑ ea If YFS, ontor dotivery address below: 0 No \ 2•d Q o%k % �Pt 0i i� o. Sory yrp) (,P.rtifit>[1 Mail D Express mail ❑ Rogisrerod O Return Receipt for Morchnodlse j 0 Inrurod Mail O C.O.D. 4. nov;cted Oollvery9 (Frfra 1.0e) O Yer. Article Number (rr.wVt) frorn !:nrvico I.W. 114 PS Form 3811, August 2001 Demo:;llr. Return Rocolpt 102595 o2•M-OK3c bbbb-989-8L8 ofje2egjeg uud g -d bVbb-989-8L6 ojje2uqjeg uud 400tL0 ZO 90 unf d00tL0 20 90 unr A Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on tho roverso 5t) that we can return the Card to you. • Attach this card to the track of the miilpiece, or on the front if space permits. 1. Artir-.lnA, adron..Ad to: C � 1q3 I�D l c�v� f, NIA QIN1 n. +tfnawru -, 1!. 1 Mirnlv+lfl Oy (Pr'lnrr1(f NaOW) f,� DoW of DytivUfy D. 13 dufivory addrwu difforvnt from Rom 1? ❑ Yoc II YI !J. e,Mlpf Wfiw'(y aClOf=; Wow: ❑ No 3. So Co Typo Cuftifiod Mail ❑ Exprms Mail ❑ nAfltftanla ❑ Prawn Iloem 1t far Mufo%anrjh;o ❑ Insured Mail ❑ C.O.D. OQO G 7 00/ 0 3"IN, DAllvary? (FXrro Fon) 2. Article Numbor (fianglrr 6qm Q( WC.A ObA1) PS Form 3611, August 2001 Domestic Return Receipt ■ Comploto items 1, 2, and 3. Also complete ilom .7 if Rostrictod Oolivory is desired. ■ Print your name' and ;addrtls:; on tho rovor .o no that we can roturn the card to you. 0 Attach this card to the back of the mailpiece, or on the front if -qxx l pormlts. 1. Article Addrt mod to:n ��vl%�inuCct� A. ❑ Yon IWSUI, a:. Whi:C: D Agont rlo❑ AdOr ;w Iva�by (F ikd lt/a n) C. Date of Delivery O. IS dolrr"vury ad oilt+v)ll Irom Ih>tn 19 Q Ye- ll YI S, once r tleliveryaddress below: ❑ No 3. `.iurvi • Typu arlificxl Mail O I.xpfonr; M.kil ❑ Ranirtared ❑ Return Receipt for Merchandiso ❑ Insured Mail ❑ C.O.D. �LA 0 CIO v � f r/QG�, d. fiestricted Delivery? (Extra Foo) ❑ Yuu-- 2. Ar iulcr Nurnoor (enrinfor from ;orvico lobol) - PS Form 3811. August 2001 DomeGtic Roturn Racoipt f 0159"2-M-Obut 9'd bbbb-989-8L8 Ojje2equeg uud dOO:LO 20 90 unC SLT9 466E DIOL OL917 00 , OL I'd iiia-9B9-BL6 01102eqjea uuu cloc:co 20 CT qe•! of SLT9 466E DIOL OL917 00 , OL I'd iiia-9B9-BL6 01102eqjea uuu cloc:co 20 CT qe•! ro) -14 A ig, T, v�l 66hS 966E GTOU OLIT 0004 S1355 966E 0100 aL9T OU04 o tw CIA cli ZZ iZ5 ilzz L LZ l Mss 966E OTOO 0492 DOOL Wt 9F-55 966E 0100 OL91 COOL— 139, 21, S 44 6255 9b6E OTOO OOT 000L EhSS 966E OTOO DL9T DOOL E.4 ***t,-989-GLG olle2eqjeg uuU dOE:Eo ED el Few 0S5S 966E UT00_049T Hot - CIA L9SS 966E 13TOO 13t 12 91 DOOL Lt Y L9SS 966E 13TOO 13t 12 91 DOOL Lt Y tn bi h455 966E 0100 GOT 0004 TVSS 966E 0100 OOT UOUL 2.41 *r***-9B9-8LG olle2eqjea uuU Joc:co 20 ET Rew tz 13609 966E MOO DOT HIM 3a O ru f -j :' -te 9CT9 966E OTCO 049T OOOL 2.41 *r***-9B9-8LG olle2eqjea uuU Joc:co 20 ET Rew I'd ***ir-9B9-BL6 uj 966E MO nL9T OnOL cli 40 't w! o M I'd ***ir-9B9-BL6 uj 966E MO nL9T OnOL cli 40 6 (L rT, -n 9b6E 01(11) ETTI 966E Ullla OOT GOOL Ln 14:z di el L h C. UTDO UL9'[ 0004 P t IL 7-i CL. LET9 166E OTOG GOT 0004 L"t t ca c. 7'- S x 0 is Vi T5T9 966E OTOO GOT GOOL I'd ***ir-9B9-BL6 uj 966E MO nL9T OnOL cli 40 Qjjw2eq4uG UUU doc:co zo ET Few 9b6E 01(11) el L h C. UTDO UL9'[ 0004 Qjjw2eq4uG UUU doc:co zo ET Few Upon a motion by Joseph D. LaGrasse and 2"d by John M. Pallone, the Board voted to GRANT the petition for dimensional Variance for Lot 13B from Table 2 and Section 7,.Paragraph 71(required Lot Area = 2 acres – 1.33 acres) relief of .67 acre, Paragraph 7.1.1. (required CBA = 75% - 50°k) relief of 25%, Paragraph 7.1.2 (required Lot Width-= 1.00'– 50') relief of 50', Paragraph 7.2 (required Street Frontage = 17'5'– 150') relief of 25' andjor Lot 13C from Table 2 and Section 7, Paragraph 7.1 (required Lot Area = 2 acres – 1.77 acres) relief of .23- acres, Paragraph 7. 1.1 (required CBA = 75% - 50%) relief of 25%, Paragraph 7.1.2 (required Lot Width = 100' – 45') relief of 55', Paragraph 7.2'(iequired Street Frontage = 175'– 150') relief of 25', as shown on Plan of Land prepared for Barbagallo Children Realty Trust showing Lot 13C Duncan Drive certified by Thomas J- Neve, P.L-S., Thomas E. Neve Associates, 447 Old' Boston Road, Topsfield, Massachusetts 01983, dated April 10, 2002- Voting in favor: John M. Pallone, Scott A. Karpinski, George M. Earley, and Joseph D. LaGrasse- Voting against: Walter F. Soule - The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10-4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Pertnit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule, Acting Chairman :� 1 rue dopy Decision 2002-024 Town Board of Appeals 688-9541 Building 688-95,15 Conservation 683-9530 Health 688-9510 Planning 688-9535 Town of North. Andover µORT" ".- f f of the �4 _��� •6 +ti l�j�`IM-A e Zoning Board of Appeals a 1.,ce Jii i -. `) P1V' Unity Development and Services Division a --:-�i air: , L� 1;1 : /=1'< ; 0 '' ` `` 27 Charles Street North Andover, Massachusetts 01845 �4s�"^r" P L: S tiGHusE ;} ��� D. RANrt IVicett 2 -his 1 is to certify that twUftb)4vy9(978) 688-9541 .Building Commissioner have elapsed from date of deci ti 1g) 688-9542 without filing of an ap13e Any appeal shall be filed Notice of Decision Joyce A. B dshaw Town Clerk within (20) days after the Year 2002 f44 date of filing of this notice in the office of the Town Clerk. Property at: Lot 13C Duncan DriveCA — NAME: Ann T. Barbagallo HEARING(S): October 8, 2002 ADDRESS: Lots 13B &13C Durtcan Drive PETITION: 2002-024 North Andover, MA 01845 TYPING DATE: 10/15/02 l �N` The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, October 8, 2002 at 7:30 PM upon the application of Ann T. Barbagallo, 120 Duncan Drive North Andover, for premises at Lots 13 B & 13C Duncan Drive requesting a dimensional Variance from Section 7,, Paragraphs 7.I (Lot Area), 7-1.1 (Contiguous Buildable Area), 7.1.2 (Lot Width), & 7.2 (Frontage) and Table 2 to allow a single family dwelling, within the R-1 zoning district. The following members were present: Walter F. Soule, John M. Pallone, Scott A. Karpinski, George M. Earley, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2"d by John M. Pallone, the Board voted to GRANT the petition for dimensional Variance for Lot 13B from Table 2 and Section 7,.Paragraph 71(required Lot Area = 2 acres – 1.33 acres) relief of .67 acre, Paragraph 7.1.1. (required CBA = 75% - 50°k) relief of 25%, Paragraph 7.1.2 (required Lot Width-= 1.00'– 50') relief of 50', Paragraph 7.2 (required Street Frontage = 17'5'– 150') relief of 25' andjor Lot 13C from Table 2 and Section 7, Paragraph 7.1 (required Lot Area = 2 acres – 1.77 acres) relief of .23- acres, Paragraph 7. 1.1 (required CBA = 75% - 50%) relief of 25%, Paragraph 7.1.2 (required Lot Width = 100' – 45') relief of 55', Paragraph 7.2'(iequired Street Frontage = 175'– 150') relief of 25', as shown on Plan of Land prepared for Barbagallo Children Realty Trust showing Lot 13C Duncan Drive certified by Thomas J- Neve, P.L-S., Thomas E. Neve Associates, 447 Old' Boston Road, Topsfield, Massachusetts 01983, dated April 10, 2002- Voting in favor: John M. Pallone, Scott A. Karpinski, George M. Earley, and Joseph D. LaGrasse- Voting against: Walter F. Soule - The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10-4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Pertnit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule, Acting Chairman :� 1 rue dopy Decision 2002-024 Town Board of Appeals 688-9541 Building 688-95,15 Conservation 683-9530 Health 688-9510 Planning 688-9535 Registry of Deeds Northern District of Essex County Lawrence, MA 01840 11/12/02 ANN T. BARBAGALLQ CNC ## 105 Recc Type FLAN 13=00 20.00 IrIst 57 4'04 C. F. Type NQTIE 10.40 106 Rece C. F. 20.00 Tyne 0.00 # 1A.07'ece C. 0.00 :t: Copies 5.00 Total jtki8 Payment Lash -68.00 1 0 D 109 E Ih-.a Qe THANK YG►J'. Thomas J. Burke Register of Deeds Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Dear: Ann T� 6-q rL, g Gt f i' p Telephone (978) 688-9541 Fax (978) 688-9542 Date: -QL-� )�3./, �- As you know, the Zoning Board of Appeals has granted a Variance and/or Special Permit or Finding for premises located at: Yo��J 20 -day appeal period will have passed on the following date: YIOVQV11 �� r_ I1 00 Once the appeal period has passed, please pick up your certified copy of the Zoning Board of Appeals decision, and your signed mylar (if a mylar was required) from the Town Clerk's office located at 120 Main Street, North Andover, MA 01845 (978-688-9501) Please bring the Town Clerk certified copy of the decision & the signed mylar to the North Essex Registry of Deeds, 381 Common Street, Lawrence, MA 01840 (978-683-2745), as the decision and mylar must be filed at the Registry of Deeds as soon as possible. Once this is completed, please bring the copy of the certified decision & the Registry of Deeds receipt to the Building Department, which is located at 27 Charles Street, North Andover, MA 01845. Failure to file the decision and mylar with the Registry of Deeds will result in your inability to exercise your variance and/or special permit and your inability to obtain a building permit with the Building Department. Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, they shall lapse and may be re-established only after notice and a new hearing. If you have any questions, please feel free to call (978-688-9541) or fax (978-688- 9542), Monday through Thursday, 9:00 AM to 2:00 PM. BOARD OF APPEALS 688-9541. BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 4 - Any appeal shall be filed Notice of Decision within (20) days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Lot 13C Duncan Drive NAME: Ann T. Barbagallo HEARING(S): October 8, 2002 ADDRESS: Lots 13B &13C Duncan Drive PETITION: 2002-024 North Andover, MA 01845 TYPING DATE: 10/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, October 8, 2002 at 7:30 PM upon the application of Ann T. Barbagallo,120 Duncan Drive North Andover, for premises at Lots 13B & 13C Duncan Drive requesting a dimensional Variance from Section 7, Paragraphs 7.1 (Lot Area), 7. 1.1 (Contiguous Buildable Area), 7.1.2 (Lot Width), & 7.2 (Frontage) and Table 2 to allow a single family dwelling, within the R-l�z_oninQ district. 1A 1't The following members were present: Walter F. Soule, John M. Pallone, Scott A. Karpinski, lV7' George M. Earley, and Joseph D. La3nd . i 1, Upon a motion by Joseph D. LaGra2"d by John M. Pallone, the Board t etition for relief of dimension Variance for Lot 13B. from gSection 7 Para ahs 7.1 of .67, L' acre . 1 of 25 % CBA, 7.1.2 of 0' width, & 7.2 of 25' frontage and Table I for Lot 13C from I (�� 1 ection 7, Para rap re 7.1.1 of 25% of CBA, 7.1.2 of 55' width, & 7.2 25' iron ge and Table 2 as shdwn on Plan of Land prepared for Barbagallo Children Realty rus showing Lot 13C Duncan Drive certified by Thomas J. Neve, P.L.S.; Thomas E. Neve Associ , jet :G 447 Old Boston Road, Topsfield, Massachusetts 01983, dated April 10, 2002. Voting in favor: John M. Pallone, Scott A. Karpinski, George M. Earley, and Joseph D. LaGrasse. Voting against: Walter F. Soule. C; b The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. , Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and maybe re-established only after notice, and a new hearing. PGS G Decision 2002-024. Town of North Andover Board of Appeals, Walter F. Soule, Acting Chairman 6- 5VI Upon a motion by Joseph D. LaGrasse and 2"d by John M. Pallone, the Board voted to GRANT the petition for dimensional Variance for Lot 13B from Table 2 and Section 7, Paragraph 7.1(required Lot Area = 2acres —1.33 acres) relief of .67�cre Paragraph 7. 1.1 (required CBA = 75% - 50%) relief of 25%, Paragraph 7.1.2 (required -Lot Width = 100',- 5v,relief of 50'j Paragraph 7.2 (required Street Frontage = 175' — 150') relief of 25' and; for Lot 13C from Table 2 and Section 7, Paragraph 7.1 (required Lot Area = 2 acres — 1.77 acres) relief of .23 acres Paragraph 7.1.1 (required CBA = 75% - 50%) relief of 25%, Paragraph 7.1.2 (required Lot Width , = 100' — 45') relief of 55jParagraph 7.2 (required Street Frontage = 175' — 150') relief of 25'. acre, 7. 1.1 of 25 % CBA, 7.1.2 of 50' width, & 7.2 of 25' frontage and Table 2; for Lot 13C from Section 7, Paragraphs 7.1 of.23 acre, 7. 1.1 of 25% of CBA, 7.1.2 of 55' width, & 7.2 of 25' frontage and Table 2 as shown on Plan of Land prepared for Barbagallo Children Realty Trust showing Lot 13C Duncan Drive certified by Thomas J. Neve, P.L.S., Thomas E. Neve Associates, 447 Old Boston Road, Topsfield, Massachusetts 01983, dated April 10, 2002. Voting in favor: John M. Pallone, Scott A. Karpinski, George M. Earley, and Joseph D. LaGrasse. Voting against: Walter F. Soule. tap -H-02 ni.0nm From mep-VC+-UL 14:4zSF+ T-298 P-0041004 F-f1F0 r�vc Tn — of IQ—^w%Tnaas Astdavvci Office O, the "fdug Board of Appeafs Community Development and Services Divisio v chark�s street North Andover, Massachusetts ()1945 T). RnhPrt ?G, -mi, Ruddino rommi.eriniier TO* Town ofNnrth AnM%r, r ZoningRnorA nf oy� 77 !`i. A. �I V.NYarJ suwa iii UA "I 3404V VGI. IYIK V t dwj Date `," C,/-- O� n. �x��� iU- 2 - o- Piease be advised that [ have agreed La the time constraints for the Zoning Board of Appeals to make a decision regarding the granting Of Variance and /or Special Parmit: or Finding for property Iocged at; STRts'LT: i MFP_7'i1�i�, nATt:<c�. /n..._ CI — C) iKIriaARi nL' U4. A t I'',ftV1V�n: t 3M Nr G remoncr (or petitioners WAIVER )3[).N21) t)F APPF.Ai3 fiR�-954) [KU(LDLV(j 68b'9545 CUMEKYATiON GBi 4530 HFAj.TH 6$8-9540 PJA_%,I%jm C 6RR.9535 aTCE wCD�cENI�Iff SEP 4 - 2� � I 1- � �- '� D '- c002 BOARD OF APPS 08/14/2002 15:54 FAX 978 688 9556 TOWN OF NORTH ANDOVER Aug -14-02 :t.3:27P Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles street North Andover, Massachusetts 01845 D. Robt!rt Nicetta Building Comnibuioner Legal Notice North Andover, Board of Appeals 2001 P.02 y • ` O K+rs�.. � • =tc►w Telephone (978) 688.9541 Fax (978) 688-9542 Notice is hereby given that the Hoard of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 8'h of October, 2002 at 7:30 PM to all parties inrerestcd in the appeal of Ann T. UarhagaUo, 120 Duncan Drive North Andover, for premises at Lot 13C Duncan Drive requesting a dimensional Variance from Section 7, Paragraphs 7.1 ('Lot Area), 7.1.1 (Contiguous Buildable Area), -7.1.2 (Lot Width), &. 7-2 (Frontage) within Table 2 to allow a single fkmily dwelling. Said premises affected is property with &ontagc on the North side of Duncan Drive within the R-1 zoning district. Plans are available for review at the oihce of the Building Departmtent, 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Hoard of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on September 23 & 30, 2002. ti Legalnotice 2002-024 o ` C= -- -� Q c7 e- mm ~ r bzac� xn�!7r„ r' c5 ag zn c RI )ART) OY APPEALS 68$-9341 BTTTI .T)IN0 GOtN-9545 CONSERVATION "a-9530 11LiALTH iN -954'0 YLANNINO 68R-4535 AUG. 13. 2002 3:49PM URBELIS & FIELDSTEEL THOMAS 1. URBELIS e-mail tju@ufb.com Via simile URBELIS & FIELDS"I'1?EL, LLP 155 FEDERAL STREET BosToN, MAssACHUsms 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 August 13, 2002 William SWlivan, Chairman Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, MA 01845 N0. 909 P. 2 Andover Telephone 978-475-4552 RE: LATS 13B AND 13C, DUNCAN DRTvE, NORTH ANDOVER, MASSACHUSETTS Dear Mr. Sullivan: Enclosed please find a copy of a letter dated August 13, 2002 from Attorney Howard Speicher. Very truly yours, l Thomas J. 1 belis Enclosure TJU/lah cc: D. Robert Nicetta (by mail) (w/enc.) Joyce Bradshaw (by mail) (w/enc.) pT C EC WE c:A. pSlkwWa-maw divwArA60 AUG 13 2002 BOARD OF APPEALS G ©fT��. C; -,CIO y— <• r-- flrn©r G Tj .c�z .n p RE: LATS 13B AND 13C, DUNCAN DRTvE, NORTH ANDOVER, MASSACHUSETTS Dear Mr. Sullivan: Enclosed please find a copy of a letter dated August 13, 2002 from Attorney Howard Speicher. Very truly yours, l Thomas J. 1 belis Enclosure TJU/lah cc: D. Robert Nicetta (by mail) (w/enc.) Joyce Bradshaw (by mail) (w/enc.) pT C EC WE c:A. pSlkwWa-maw divwArA60 AUG 13 2002 BOARD OF APPEALS 08 -,AUG. 13. 2002m 3:49P%avis, ORBELIS & FIELDSTEEL 6iT22T3732 �,'CcI vcD 'YCE SRADSHAVI T0;', N CLERK ';ORTH ANDOVER 2002 AUG i u P 1: 4 u August 13, 2002 BY FACSEMME 617 338-0122 Thomas J. Urbelis, Esq. Urbelis & Fieldsteel 155 Federal Street Boston, MA 02110 Re: I,= 13B and 13C, Duncan Drive North Andover, Massac useM 1-Fu r -ONO. 90902/00.P. 3 -OBC D.1 vis M1,Lm & McyosmqF Pc A r T O A N 8 YS AT L A W This will confirm our agreement reached this afternoon regarding the pending applications for variances for the above -referenced property. The owner of the property, Ann Barbagallo, agrees that the time within which the Board of Appeal must act on the pending applications is extended to October 25, 2002, W ich the understanding that the Board will take the :70owing actions with respect to the pending applications: 1. Vote to rescind the denial voted by the Board at its dilly meeting; 2. Vote to re -advertise and hold a new hearing on the already filed applications, at which five members of the Board will be able to vote, and at which the Board will consider the applications as fi' ed, to be held on October 11, 2002; 3. Agree that no new fee treed be filed in conutxtion with the rescheduled heating. T undersmd that it will not be :necessary for The ap;licant to appear at the meeting scheduled for this evening to effectuate the teams of this agreement ET C E � V N, AUG 13 2002 BOARD OF APPEALS fbwatdF. Speicher JaU—J.D'AgMdsnc C. A6391 W&= F. Gr6m. Jr. Rabat C. card An G. Serino C -W s. Mwko Judkh Asbron John T. Lynch Carni R. Cohen Ho-nd F. Speicher Pani L Feldmsa C-aey he Palma owtp A H -ft" La== M Johnson zMaerh J- Midciewi= Thomm S.14c"akk WWuoo Ir Naris, III J. Cavia ceak&ld Andrew D Myers RAM J. Galvin jobs D. Chambliss RobetcI. D'►entich Any L R uws;m Ana bd. Sobolmsid Debra J- Beton Aliee A. Yvkodk 1•t qtr rR&TYn I. Connors ` Nett J. Barnham b1cryll s. Tar ky Harold R Davis, 9fCoumol { ` Aftitoedin Mk ois and i1 TonAe�rcc only dvstx 61? -589.3829 d'rarfua 619-305 31?9 entail 3syrlat►et@davi�n�n (NMEWILWI1 Acs 0 B05MN -MA-02106 617-367-Z500 • fat 617.5Z3-6215 www. d a V ismaIM -ea.0 08.1;AUG. 13. 2002m 3:49P%vis, iURBELIS & FIELDSTEEL sitZZtatat T-00. 909oa/mP. 4-06o Thomas J. Urbelis, Esq. DAMS NQS LM 8 August 13, 2002 MWS' INJE PC. Page 2 We have also agreed that the applicant will bear the: cost of m -advertising and postage for new notices. Please let me know iar=ediately if this letTer incometly states what we have agreed to in any way. Thank you for your assistance in this matter. Very truly yours, Howard P. Speicher cc: Joseph and Ann BaTbagallo J-6PMC8MW=tQpMd%k-be1is 0&23-0--A= Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner August 12, 2002 Memorandum: Request for Procedural Information: To: Thomas J. Urbelis, Esq. From: William J. Sullivan, Chairman Zoning Board of Appeals Telephone (978) 688-9541 Fax (978) 688-9542 Given the July 16, July 17, and July 19, 2002 letters and memo, is it sufficient under the circumstances, just to re- apply the July 9 vote, or should the Board re -hear the petition, since there will be only four members who are eligible (have heard the evidence) to vote? Please advise the Board so that we may know what options we may have at tomorrow night's meeting. Thank you for your concern in this matter. William J. Sullivan, Chairman Zoning Board of Appeals WJS:mg CC: D. Robert Nicetta ZBA file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Memorandum for August 13th meeting. • Ann T. Barbagallo, 120 Duncan Drive for Lots 13B & C, Duncan Drive. Upon a motion made by Joseph D. LaGrasse and 2nd by George M. Earley to grant the petition for Variances on Lot 1313: 25' Frontage, 50' Width, .67 acre Lot Area, and 25% Contiguous Buildable Area; and on Lot C: 25' Frontage, 55' Width, .23 acre Lot Area, and 25% Contiguous Buildable Area. Voting in favor of the motion: Joseph D. LaGrasse. Voting in opposition to the motion: William J. Sullivan, Scott A. Karpinski; and George M. Earley on the grounds that so many requests for dimensional relief in order to create two non -conforming lots from one conforming lot is not within the intent of the bylaw. avDa -- U24P Barlo Signs, agent for Bertucci's, 435 Andover Street Variance & Special Permit Bertucci's Variance petition. - Robert P. Ford read the legal notice of Barlo Signs for Bertucci's Restaurant, 435 Andover Street, North Andover, requesting a Variance from Section 6, Paragraphs 6.6A(2) and 6.6D(2) Accessory Signs. Applicant is seeking dimensional variance from the mandated minimum setback in order to relocate one (1) existing ground sign on Rte. #125 (Andover St.) completely onto subject property and leave the existing sign on Rte #114 (Turnpike Street) as it is now located in non-compliance with the mandated zoning setback. Said premises affected is property with frontage on the Northeast side of Andover Street within the GB zoning district. 2002-023 Upon a motion by George M. Earley and seconded by Ellen P. McIntyre, the Board voted to DENY the dimensional Variance of 7' setback from Section 6, Paragraph 6.6.A.6 for the Route 125, Andover Street sign given that it would remove one parking space from a currently overcrowded and insufficient parking lot. Voting in favor: Robert P. Ford, George M. Earley, and Ellen P. McIntyre. Voting against the denial: Joseph D. LaGrasse. • The Special Permit [Special Permit from Section 6, Paragraph 6.6(D)2, to maintain two (2) ground signs where one (1) is allowed] is for a 2nd sign, there is no need for a Special Permit if there is no 2nd sign. X oo a - O1O Upon a motion by George M. Earley, and 2nd by Ellen P. McIntyre, the Board voted to GRANT Bertucci's request for a dimensional Variance of 8.08' from Section 6, Paragraph 6.6.A.6 in order to allow Bertucci's to continue and maintain the current Route 114 sign on the condition that the sign be transformed from an internally lit sign to an externally lit sign. Voting in favor: Robert P. Ford, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner August 12, 2002 Memorandum: Request for Procedural Information: To: Thomas J. Urbelis, Esq. From: William J. Sullivan, Chairman Zoning Board of Appeals Telephone (978) 688-9541 Fax (978) 688-9542 Given the July 16, July 17, and July 19, 2002 letters and memo, is it sufficient under the circumstances, just to re- apply the July 9 vote, or should the Board re -hear the petition, since there will be only four members who are eligible (have heard the evidence) to vote? Please advise the Board so that we may know what options we may have at tomorrow night's meeting. Thank you for your concern in this matter. William J. Sullivan, Chairman Zoning Board of Appeals WJS:mg CC: D. Robert Nicetta ZBA file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Date: August 8, 2002 To: Office of Zoning Board Appeals Subject: Ann T. Barbagallo #2002-024 Variance For Premises at: Lots 13B & 13C Duncan Drive Both my wife and I find it disappointing that a special session on July 17, 2002 voted to reconsider and continue the afore -mentioned petition at the August 13, 2002 meeting I have attended sessions in the past, including the most recent meeting when the Variance was denied. I do not plan to attend any more meeting as I believe the Board of Appeals has already spoken, setting precedence with the denial of a Mr. Blake Adam's request for a Variance (some time ago) and I expect the same decision will be agree upon (again) by the Board regarding the #2002-024 Variance. In purchasing 402 Boxford Street in 1995, the Town of North Andover requested we agree to keep our 12%2 acre farm open and not to develop the land over the next 30 -years. Both my wife and I take exception to a Variance where a house can be built in back of a house that is in back of another house. We had joined in an agreement with the Town to maintain this open space and fitting a house on the proposed, reduced lot size, that abuts our property, we consider being in conflict with our agreement. Our home, Littlehorse Farm is documented by the North Andover Historical Society as the oldest, single room farmhouse in North Andover (circa 17171747). We have invested well over one hundred thousand dollars and 7 -years of hard work restoring it to a beautiful open space/pasture land. We continue to meet our commitment to the Town. We expect the Town to continue to meet its commitment to us. �mc.I'.l-d1 M C- V02-3"rd Sf, Q/6 -W AUG 13 2002 D BOARD OF APPEALS Date: August 8, 2002 To: Office of Zoning Board Appeals Subject: Ann T. Barbagallo #2002-024 Variance For Premises at: Lots 13B & 13C Duncan Drive Both my wife and I find it disappointing that a special session on July 17, 2002 voted to reconsider and continue the afore -mentioned petition at the August 13, 2002 meeting I have attended sessions in the past, including the most recent meeting when the Variance was denied. I do not plan to attend any more meeting as I believe the Board of Appeals has already spoken, setting precedence with the denial of a Mr. Blake Adam's request for a Variance (some time ago) and I expect the same decision will be agree upon (again) by the Board regarding the #2002-024 Variance. In purchasing 402 Boxford Street in 1995, the Town of North Andover requested we agree to keep our 12%z acre farm open and not to develop the land over the next 30 -years. Both my wife and I take exception to a Variance where a house can be built in back of a house that is in back of another house. We had joined in an agreement with the Town to maintain this open space and fitting a house on the proposed, reduced lot size, that abuts our property, we consider being in conflict with our agreement. Our home, Littlehorse Farm is documented by the North Andover Historical Society as the oldest, single room farmhouse in North Andover (circa 17171747). We have invested well over one hundred thousand dollars and 7 -years of hard work restoring it to a beautiful open space/pasture land. We continue to meet our commitment to the Town. We expect the Town to continue to meet its commitment to us. 1111 AUG 13 2002 D BOARD OF APPEALS T d 'wy P4 44 0 O OC"i Q 0- o Q LL C Q o Q � m d 'wy P4 44 0 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner July 24, 2002 Telephone (978) 688-9541 Fax (978)688-9542 This notice is to let all interested parties of the petition of: Ann T. Barbagallo #2002-024 Variance For premises at: Lots 13B & 13C Duncan Drive. That the North Andover Zoning Board.of Appeals met ina, special session on July 17, 2002 to reconsider the vote of the July 9, 2002 meeting. The Board voted to reconsider and continue the afore-mentionbd petition at their August 13, 2002 meeting. N C= C... N C3 Q -i -t C �Qn i r a: U� >M� � M Fl c��� 71 0 00 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 July 19, 2002 Dear AttomevCnPirhar- --- ---------.r -r------- ' The North Andover Zoning Board of Appeals met in a special session on July 17, 2002 to reconsider the Ann T. Barbagallo, Trustee petition #2002-024 for Lots 13B & 13C, Duncan Drive, North Andover and voted to continue the petition to the August 13, 2002 meeting. Please make arrangements to attend the Zoning Board of Appeals meeting starting at 7:30 PM on August 13, 2002 in the Senior Center, 120R Main Street, North Andover, MA for this continuation. The attached memorandum may shed some light on the July 9`h misunderstanding. Sincerely, William J. Sullivan, Chairman North Andover Zoning Board of Appeals WJS:mg CC: Joseph and Ann T. Barbagallo ZBA D. Robert Nicetta File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 0 C= ^/ C Howard P. Speicher, Esq. G-) C) _ _ In - Davis, Maim & D'Agostine, P.C. > Mc Suite 37m Ln �or� rr One Boston Place -0 o zz co c-, Boston, MA 02108 N M D rn Cn Re: Lots 13B and 13C Duncan Drive Dear AttomevCnPirhar- --- ---------.r -r------- ' The North Andover Zoning Board of Appeals met in a special session on July 17, 2002 to reconsider the Ann T. Barbagallo, Trustee petition #2002-024 for Lots 13B & 13C, Duncan Drive, North Andover and voted to continue the petition to the August 13, 2002 meeting. Please make arrangements to attend the Zoning Board of Appeals meeting starting at 7:30 PM on August 13, 2002 in the Senior Center, 120R Main Street, North Andover, MA for this continuation. The attached memorandum may shed some light on the July 9`h misunderstanding. Sincerely, William J. Sullivan, Chairman North Andover Zoning Board of Appeals WJS:mg CC: Joseph and Ann T. Barbagallo ZBA D. Robert Nicetta File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 July 17, 2002 Memorandum: -:.YH SRADSH''a TOSV!',i CLERK "S ETH A';iGOVER 1GD2 AUG IS P 12: 55 Re: Background information to 7-9-02 Ann T. Barbagallo Lot 13B & 13C decision Robert P. Ford did not hear the June 11, 2002 evidence. The ZBA lost May meeting dates because of a Special Election [prohibited by MGL Ch 40A, § 11 ] and Town Meetings. The June 11 and July 9 meetings, therefore, had many continuations. Some of the continuations were postponed Public Hearings and some of the continuations were petitions that did open Public Hearings on June 11. The agenda for July 9 was adjusted to allow postponed, unheard petitions after old continuations and before new June continuations; this was an unusual agenda format. Clerical error listed Robert P. Ford as hearing the June 11 Barbagallo evidence. The rules and regulations of the North Andover Zoning Board of Appeals allow a non-voting member to participate in the meeting if they have no interest, or relationship to the parties before the Board. It was inappropriate, though inadvertent, for Robert P. Ford to vote on the Barbagallo petition. Ellen P. McIntyre did hear the June 11, 2002 evidence. During the July 9, 2002 hearing, she became aware that Wintergreen Realty Trust was a listed abutter of the petition. She excused herself from the July 9 hearing because she is a member of that Trust. �rf 'fol hods IM 'le ?,-F_ • DAGOSTIN E PC ATTORNEYS AT LAW Howard P. Speicher DJUL 17 2002 BOARD OF APPEALS direct 617-589-3829 direct fax 617-305-3129 entail hspeicher@davismalm.com ONE BOSTON PLACE • BOSTON • MA • 02108 617.3672500 fax 617.523.6215 w w w. d a v. i s m a I m. c o m Julian J. D'Agostine C. Michael Malm July 16, 2002 William F. Griffin, Jr. Robert C. Gerrard VIA FEDERAL EXPRESS John G. Serino William J. Sullivan, Chairman Gary S. Matsko Zoning Board of Appeals Judith Ashton North Andover Municipal Building John T. Lynch 120 Main Street Carol IL Cohen North Andover, MA 01845 Howard P. Speicher Paul L. Feldman Re: Lots 13B and 13C Duncan Drive Gary M. Feldman George A. Hewett Dear Mr. Sullivan: Laurence M. Johnson Kenneth J. Mickiewicz As you know, I represent Ann T. Barbagallo, Trustee, with respect to her Thomas S. Fitzpatrick applications for variances with respect to the above referenced properties. The Whitton E. Norris, III Board of Appeal held a public hearing, at which we made a full presentation J. Gavin Cockfield and the Board conducted discussion of the matter, on June 11, 2002. The Andrew D. Myers Board continued the hearing for the express purpose of the Board members Robert J. Galvin making a site visit, to July 9, 2002. At the July 9, 2002 meeting, the Board voted to deny the applications. John D. Chambliss Robert J. Diettrich It was not apparent to me until after the hearing on July 9, 2002, that one of the Amy L. Fracassini Board members participating in the discussion on that evening, and voting on Ann M. Sobolewski the matter, Robert Ford, had not heard evidence regarding this matter or Debra J. Breton participated in any way at the June 11, 2002 hearing. The Board's July 9, Alice A. Kokodis 2002 agenda mistakenly listed Mr. Ford as having heard evidence at the Emily H. Fournier previous hearing. While no doubt this mistake was inadvertent, it was Kathryn I. Connors misleading nonetheless. Joshua S. Grossman Neal J. Bingham Given Mr. Ford's vote to deny, as well as his active participation in the Darryll S. Towsley discussion as an opponent of the variances requested by the applicant, we Harold R. Davis, believe the applicant was seriously prejudiced by this breach of the Board's of Counsel procedure. The applicant is entitled to have the matter voted upon by members * Admitted in Illinois and Tennessee only DJUL 17 2002 BOARD OF APPEALS direct 617-589-3829 direct fax 617-305-3129 entail hspeicher@davismalm.com ONE BOSTON PLACE • BOSTON • MA • 02108 617.3672500 fax 617.523.6215 w w w. d a v. i s m a I m. c o m William J. Sullivan, Chairman July 16, 2002 Page 2 DAvis MALm o DAGOSTIN E PC, ATTORNEYSAT LAW who were present for and participated in all of the hearings at which this matter was considered by the Board. Mr. Ford was not present at the first hearing, and so should not have participated in the continued hearing. Accordingly, we request that the Board, at the earliest opportunity, re -open the hearing on this matter, rescind its vote denying the requested variances, and reconsider and re -vote on the applicant's request for variances. Please inform me at your earliest opportunity when the Board will conduct a hearing as outlined above. Very truly yours, Howard P. Speicher cc: Joseph and Ann Barbagallo J:ISPEICHER\Barbagallo\Sullivan 07-16-02.doc ONE BOSTON PLACE • BOSTON . MA • 02108 617.3672500 + fax 617523.6215 www . d a v i s m a I m. c o m Regular Meeting Senior Center, 120R Main Street, North Andover, MA July 9, 2002 Time: 7:30 PM *Members who have heard evidence Request District Party Aggrieved GB -Kefield MA Building Commissioner .pike Street -' Barbara E. Connolly & Daniel P. Kiley, III Variance & Special Phrmit R-4 94 Lyman Road James Mahan Variance & Special Permit R-4 39 Adams Avenue Benjamin Farnum Party Aggrieved V -R 5 Boston Street Building Commissioner UNDER ADVISEMENT: Cellco Partnership d/b/a Verizon Wireless Variance GB *RPF/JMP/EPM/GME/JDL CONTINUED MEETINGS: (**Requested continuance until December 10, 2002 meeting) Property owner's of Party Aggrieved R-2 *WJS/ WFS/RV/JP/EM/GE Foxwood Drive & Weyland Circle (voted to continue **W TS/WFS/RV/TP/SK) (" 46 **W TS/WFS/iP/SK/GE) "66**W TS/RF/SK/EM/GE/ L 1 i,; m (**Requested continuance until July 9, 2002 meeting) Napoli Trucking Co. Special Permit R-4 *WJS/WFS/JP/RF/EM/GE 52 Inglewood Street *WJS/WFS/JP/RFEM/GE ( " 64 **WTS/WFS/RF/SK/EM/GE/TL) PUBLIC HEARINGS CONTINUED FROM .TUNE: (**Requested continuance until July 9, 2002 meeting) Steven Caisse Variance & Special Permit R-4 155 Beacon Hill Boulevard (Voted to continue **WTS/WFS/RF/SK/EM/GE/TL) (**Requested continuance until .Tule 9, 2002 meeting) Anthony F. Addonizio Special Permit R-4 116-118 Beverly Street (Voted to continue **W TS/WFS/RF/SK/EM/GE/TL) (**Requested continuance until July 9, 2002 meeting) Margot Lindau Party Aggrieved R-1 1070 Salem Street Building Commissioner (Voted to continue **WTSWFS/RF/SK/EM/GE/TL) (**Requested continuance until .Tule 9, 2002 meeting) Spero J. Rally Variance GB 46 Main Street (Voted to continue**W TS/WFS/RF/SK/EM/GE/JL) CONTINUED MEETINGS: ' For premises at: Lawrence Municipal Airport 492 Sutton Street (Voted to continue **W TS/RF/SK/EM/GE/TL) (**Requested continuance until July 9, 2002 meeting) Jason W. & Kristen M. Faro Variance & Special Permit R-4 *RPF/JMP/EPM/GME/JDL 246 Pleasant Street (Voted to continue **W TS/RF/SK/EM/GE/ L) (**Requested continuance until July 9, 2002 meeting) Barlo Signs, agent for Bertucci's Special Permit GB *RPF/JMP/EPM/GME/JDL 435 Andover Street (voted to continue* *W S/RF/SK/EM/GE/TL) & PUBLIC HEARING CONTINUED FROM .TUNE: (**Requested continuance until July 9, 2002 meeting) Barlo Signs, agent for Bertucci's Variance GB 435 Andover Street (Voted to continue **WTS/RF/SK/EWGWL) ,JULY PUBLIC HEARINGS: Valley Realty Development, LLC Comprehensive Permit R-2 & I-1 For Premises at: 2357 Turnpike Street David Scanlon & Virginia Sullivan Variance & Special Permit R-4 322 Middlesex Street Atlantic. Realty Trust Variance & Special Permit VC For premises at: 740 Tumpike Street Note: Matters may be called out of order and not as they appear on the agenda Deliberations and vote on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. "All interested parties are invited to remain to the end of the meeting_ I7-fZ 1-4 ok. r�� k 13. L )/ /7 .2 Co r/I%'' 4A%Ao' ~/ � iA�z�1 14_;16 Z40 1 ;�lgI/ / G2 �OT /3- / 3 !/ .4'�/a, � � c: � A � � � �� c� ,� 5,�,', �'�' c'd�' � � '� G ��..� '` ' =tom f_' .=' 'w ,...•' „ f' ;� �-� A•Ftz�,;:,a �.� .gay "'JTZ r �„<: 4a 6 ! r > i July 17, 2002 Memorandum: Re: Background information to 7-9-02 Ann T. Barbagall LO l3C decision Robert P. Ford did not hear the June 11, 2002 evidence. fThe ZBA lost May meeting \ dates because of a Special Election and Town Meetings The June 11 and July 9 meetings, therefore, had many continuations. Some of the continuations were postponed Public Hearings and some of the continuations were petitions that did open Public Hearings on June 11. The agenda for July 9 was adjusted to allow postponed, unheard petitions after old continuations and before new June continuations; this was an unusual agenda format. Clerical error listed Robert P. Ford as hearing the June 11 Barbagallo evidence. The rules and regulations of the North Andover Zoning Board of Appeals allows a non-voting member to participate in the meeting if they have no interest, or relationship to the parties before the Board. It was inappropriate, though inadvertent, for Robert P. Ford to vote on the Barbagallo petition. Ellen P. McIntyre did hear the June 11, 2002 evidence. During the July 9, 2002 hearing, she became aware that Wintergreen Realty Trust was a listed abutter of Lot 13 C. She excused herself from the July 9, hearing because she is a member of that Trust. �5T1�('f w 0a45 /io R O M 0 AA Tr s Ft tc,7_1,-G w 7''.' TGwN Mt'�i�d'a Arv1� 4 DAvis MALM 0 DAGOSTIN E PC, ATTORNEYSAT LAW Howard P. Speicher flllD JUL 17 2002 BOARD OF APPEALS direct 617-589-3829 direct fax 617-305-3129 email hspeicher@davismalm.com ONE BOSTON PLACE # BOSTON • MA . 02108 617.367.2500 • fax 617.523.6215 w w w. d a v. i s m a I m. c o m Julian J. D'Agostine C. Michael Maim July 16, 2002 William F. Griffin, Jr. Robert C. Gerrard John G. Serino VIA FEDERAL EXPRESS Gary S. Matsko William J. Sullivan, Chairman Zoning Board of Appeals Judith Ashton North Andover Municipal Building John T. Lynch 120 Main Street Carol R. Cohen North Andover, MA 01845 Howard P. Speicher Paul L. Feldman Re: Lots 13B and 13C Duncan Drive Gary M. Feldman Peorge A. Hewett Dear Mr. Sullivan: Laurence M. Johnson Kenneth J. Mickiewicz As you know, I represent Ann T. Barbagallo, Trustee, with respect to her Thomas S. Fitzpatrick applications for variances with respect to the above referenced properties. The Whitton E. Norris, III Board of Appeal held a public hearing, at which we made a full presentation J. Gavin Cockfield and the Board conducted discussion of the matter, on June 11, 2002. The Andrew D. Myers Board continued the hearing for the express purpose of the Board members Robert J. Galvin making a site visit, to July 9, 2002. At the July 9, 2002 meeting, the Board John D. Chambliss voted to deny the applications. Robert J. Diettrich It was not apparent to me until after the hearing on July 9, 2002, that one of the Amy L. Fracassini Board members participating in the discussion on that evening, and voting on Ann M. Sobolewski the matter, Robert Ford, had not heard evidence regarding this matter or Debra J. Breton participated in any way at the June 11, 2002 hearing. The Board's July 9, Alice A. Kokodis 2002 agenda mistakenly listed Mr. Ford as having heard evidence at the Emily H. Fournier previous hearing. While no doubt this mistake was inadvertent, it was Kathryn 1. Connors misleading nonetheless. Joshua S. Grossman Neal J. Bingham Given Mr. Ford's vote to deny, as well as his active participation in the Darryll S. Towsley discussion as an opponent of the variances requested by the applicant, we Harold R Davis, believe the applicant was seriously prejudiced by this breach of the Board's of Counsel procedure. The applicant is entitled to have the matter voted upon by members * Admitted in Illinois and Tennessee only flllD JUL 17 2002 BOARD OF APPEALS direct 617-589-3829 direct fax 617-305-3129 email hspeicher@davismalm.com ONE BOSTON PLACE # BOSTON • MA . 02108 617.367.2500 • fax 617.523.6215 w w w. d a v. i s m a I m. c o m CJ William J. Sullivan, Chairman July 16, 2002 Page 2 DAGOSTIN E PC, ATTORNEYS AT LAW who were present for and participated in all of the hearings at which this matter was considered by the Board. Mr. Ford was not present at the first hearing, and so should not have participated in the continued hearing. Accordingly, we request that the Board, at the earliest opportunity, re -open the hearing on this matter, rescind its vote denying the requested variances, and reconsider and re -vote on the applicant's request for variances. Please inform me at your earliest opportunity when the Board will conduct a hearing as outlined above. Very truly yours, Howard P. Speicher cc: Joseph and Ann Barbagallo J:ISPEICHER\Barbagallo\Sullivan 07-16-02.doc ONE BOSTON PLACE • BOSTON • MA • 02105 617367.2500 • fax 617.523.6215 www . d a v i s m a l m. c o m .FedEx I Ship Manager I Labe17920 6983 5396 Page 1 of 2 From: HOWARD P. 5 P E I C H E R (617P67-2500 REVENUE BARCODE DAVIS, MALM & D'AGOSTINE, P.0 ONE BOSTON PLACE Fe&. SUITE 37 BOSTON, MA, 02108 To: William J. 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Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $500, e.g. jewelry, precious metals, negotiable instruments https://www.fedex.com/cgi-bin/unity?www61 &gifs/96/53/7920_6983_5396SB 5aGdT.htm1 7/16/2002 . FedEx I Ship Manager 1 Labe17920 6983 5396 and other items listed in our Service Guide. Written claims must be filed within strict time limits, see current FedEx Service Guide. Page 2 of 2 https://www.fedex.com/cgi-binlunity?www6l&gifs/9615317920_6983_5396SB5aGdT.html 7/16/2002 a i_ r� 11 LUt� —Y Ct uL1ADSi ih TO't H CL ERK T H A'•iDOVER 1002 AUG 13 P 1: 1 q July 16, 2002 VIA FEDERAL EXPRESS William J. Sullivan, Chairman Zoning Board of Appeals North Andover Municipal Building 120 Main Street North Andover, MA 01845 Re: Lots 13B and 13C Duncan Drive Dear Mr. Sullivan: DAvis MACH 7 DAGoSTINE PC. A T T O R N E Y S A T L A W As you know, I represent Ann T. Barbagallo, Trustee, with respect to her applications for variances with respect to the above referenced properties. The Board of Appeal held a public hearing, at which we made a full presentation and the Board conducted discussion of the matter, on June 11, 2002. The Board continued the hearing for the express purpose of the Board members making a site visit, to July 9, 2002. At the July 9, 2002 meeting, the Board voted to deny the applications. It was not apparent to me until after the hearing on July 9, 2002, that one of the Board members participating in the discussion on that evening, and voting on the matter, Robert Ford, had not heard evidence regarding this matter or participated in any way at the June 11, 2002 hearing. The Board's July 9, 2002 agenda mistakenly listed Mr. Ford as having heard evidence at the previous hearing. While no doubt this mistake was inadvertent, it was misleading nonetheless. Given Mr. Ford's vote to deny, as well as his active participation in the discussion as an opponent of the variances requested by the applicant, we believe the applicant was seriously prejudiced by this breach of the Board's procedure. The applicant is entitled to have the matter voted upon by members �EC Eue�D JUL 17 2002 D BOARD OF APPEALS Howard P. Speicher Julian J. D'Agostine C. Michael Maim William F. Griffin, Jr. Robert C. Gerrard John G. Serino Gary S. Matsko Judith Ashton John T. Lynch Carol R. Cohen Howard P. Speicher Paul L. Feldman Gary M. Feldman George A. Hewett Laurence M. Johnson Kenneth J. Mickiewicz Thomas S. Fitzpatrick Whitton E. Norris, III J. Gavin Cockfield Andrew D. Myers Robert J. Galvin John D. Chambliss Robert J. Diettrich Amy L. Fracassini Ann M. Sobolewski Debra J. Breton Alice A. Kokodis Emily H. Fournier Kathryn 1. Connors Joshua S. Grossman Neal J. Bingham Darryll S. Towsley Harold R. Davis, of Counsel * Admitted in Illinois and Tennessee only direct 617-589-3829 directfax 617-305-3129 email hspeicher@davismalm.com ONE BosroN PLACE • BOSTON • MA . 02108 617.367.2500 fax 617.523.6215 w w w. d a v, i s m a t m. c o in William J. Sullivan, Chairman July 16, 2002 Page 2 DAvIS MALM C7 DAGOSTIN E PC, A T T O R N E Y S A T L A W who were present for and participated in all of the hearings at which this matter was considered by the Board. Mr. Ford was not present at the first hearing, and so should not have participated in the continued hearing. Accordingly, we request that the Board, at the earliest opportunity, re -open the hearing on this matter, rescind its vote denying the requested variances, and reconsider and re -vote on the applicant's request for variances. Please inform me at your earliest opportunity when the Board will conduct a hearing as outlined above. Very truly yours, Howard P. Speicher cc: Joseph and Ann Barbagallo ONE BOSTON PLACE • BOSTON • MA . 02105 JAS PEIC HEMBarbagallo\Sulli van 07-16-02.doc 617367.2500 • fax 617.523-62 15 www.davismulni.com ' FedEx I Ship Manager 1 Labe17920 6983 5396 From: HOWARD P. SPEICHER{617}367-2500 DAVIS, MALM & D'AGOSTINE, P.0 ONE BOSTON PLACE SUITE 37 BOSTON, MA, 02108 Iiiiiiiiiiiiiiiiiiii Page 1 of 2 To: William J. Sullivan, Chairman (978)688-9500 Zoning Board of Appeals 120 Main Street North Andover Municipal Building North Andover, MA, 01845 Ref: 8713.1 (HPS) 111111111111111111111111111111111111 DELIVERY ADDKE556AMODELFEDEIi-EM) FedEx PRIORITY OVERNIGHT TRK # 7920 6983 53966�n Dne 01845—MA—US Shipping Label 1 BEDA I� I III SHIP DATE: 16JUL02 WEIGHT: 1 LBS WED AA Deliver by: 17JUL02 IE C E 0 V E 0 JUL 17 2002 Schedule Cour er , 'Find a Dropaff Location ; . 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Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $500, e.g. jewelry, precious metals, negotiable instruments https://www.fedex.com/cgi-binlunity?www6l&gifs/9615317920_6983_5396SB5aGdT.html 7/16/2002 FedEx I Ship Manager 1 Labe17920 6983 5396 and other items listed in our Service Guide. Written claims must be filed within strict time limits, see current FedEx Service Guide. Page 2 of 2 https://www.fedex.com/cgi-binlunity?www61 &gifsl9615317920_6983_5396SB 5aGdT.html 7/16/2002 DAGOSTINE PC ATTORNEYSAT LAW Howard P. Speicher DJUL 17 2002 BOARD OF APPEALS direct 617-589-3829 direct fax 617-305-3129 email hspeicher@davismalm.com ONE BOSTON PLACE • BOSTON • MA . 02108 617.367.2500 • fax 617.523.6215 www . d a v i s m a l m. c o m Julian J. D'Agostine C. Michael Malm July 16, 2002 William F. Griffin, Jr. Robert C. Gerrard VIA FEDERAL EXPRESS John G. Serino William J. Sullivan, Chairman Gary S. o Zoning Board of Appeals Judith Ashton North Andover Municipal Building John T. Lynch 120 Main Street Carol R. Cohen North Andover, MA 01845 Howard P. Speicher Paul L. Feldman Re: Lots 13B and 13C Duncan Drive Gary M. Feldman George A. Hewett Dear Mr. Sullivan: Laurence M. Johnson Kenneth J. Mickiewicz As you know, I represent Ann T. Barbagallo, Trustee, with respect to her Thomas S. Fitzpatrick applications for variances with respect to the above referenced properties. The Whitton E. Norris, III Board of Appeal held a public hearing, at which we made a full presentation J. Gavin Cockfield and the Board conducted discussion of the matter, on June 11, 2002. The Andrew D. Myers Board continued the hearing for the express purpose of the Board members making a site visit, to July 9, 2002. At the July 9, 2002 meeting, the Board Robert J. Galvin voted to deny the applications. John D. Chambliss Robert J. Diettrich It was not apparent to me until after the hearing on July 9, 2002, that one of the Amy L. Fracassini Board members participating in the discussion on that evening, and voting on Ann M. Sobolewski the matter, Robert Ford, had not heard evidence regarding this matter or Debra J. Breton participated in any way at the June 11, 2002 hearing. The Board's July 9, Alice A. Kokodis 2002 agenda mistakenly listed Mr. Ford as having heard evidence at the Emily H. Fournier previous hearing. While no doubt this mistake was inadvertent, it was Kathryn I. Connors misleading nonetheless. Joshua S. Grossman Neal J. Bingham Given Mr. Ford's vote to deny, as well as his active participation in the Darryll S. Towsley discussion as an opponent of the variances requested by the applicant, we Harold R. Davis, believe the applicant was seriously prejudiced by this breach of the Board's of Counsel procedure. The applicant is entitled to have the matter voted upon by members * Admitted in Illinois and Tennessee only DJUL 17 2002 BOARD OF APPEALS direct 617-589-3829 direct fax 617-305-3129 email hspeicher@davismalm.com ONE BOSTON PLACE • BOSTON • MA . 02108 617.367.2500 • fax 617.523.6215 www . d a v i s m a l m. c o m William J. Sullivan, Chairman July 16, 2002 Page 2 Davis MALM DA DOST I N E PC, A T T O R N E Y S A T L A W who were present for and participated in all of the hearings at which this matter was considered by the Board. Mr. Ford was not present at the first hearing, and so should not have participated in the continued hearing. Accordingly, we request that the Board, at the earliest opportunity, re -open the hearing on this matter, rescind its vote denying the requested variances, and reconsider and re -vote on the applicant's request for variances. Please inform me at your earliest opportunity when the Board will conduct a hearing as outlined above. Very truly yours, Howard P. Speicher cc: Joseph and Ann Barbagallo ONE &)S7UN PLACE • BosTO N • MA • 02108 JASPE[CHERTarbagallo\Sullivan07-16-02.doc 617.367.2500 • fax 617.523.621.5 w w w. d a v i s m a l m. c 0 m Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date 6 — / / — O TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax(978)688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a V Ian e and /or Special Permit for property located at: STREET: L c T 1 3 G D u h CQ d D L,yk TOWN: Y1 oY- 4" Ao )oy,9 MEETING DATE(S): to NAME OF PETITION R: Signed: I- .— Petitioner or WAIVER T,, j� ) )- o o -'- V1 V1 V1vl I , 8gr6q itionel''s representative) 0 N - � L- CD c _ r CD C-') = cM w y:zCDrT CD rriom �7,0Cno m�z -- D N N pIJ UINC��I'�02 P AWE LS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS Jun -07-02 08-49 Jun -06-02 13:22 /' .J'-'dd_ 11. 4s i7d-iJ-•-3Y�e MAY -16-02 12150 P-02 A_02 SAF.ACiry cou;r Town of Nonli AMdover O[(fre of tht Zoning Board of APVW'J 0 Ch.Irlr. 9W.4i �artl� AA&V"T, HA6bA.'%VllIM tll►ad D. M -*wRi' kwu 7rYI'�M.r.¢ JV7RI 0VJ ut.!.Iv a t'..h. ,:..,. D*"., 6 /� 40 7, A) TvMr++ lir roft Au11►.•.tt Z ►� 17 Clw4d Sgr"1 NoRh AmAy,"ARIA 01849 +1 �1(� � V• TT For, {t c of' w1 --r U1 WJIlvvl�ttvvwc•COnawwiKh t.X the 20-. 1-1 1 1 PiCJI� IN: wh►K.1 l\�i f 11a 0 f{�w�1 M weroas w m"& a MICCZIIO* KSYfl�wly Llre �fiMiA� VI 0 YA►IYAI'� �� SOC ir) l\un1[ fol pr.Ttny Uxwcu .r STflt M b i* l "- I.J t t Y1 CLL -e- TOWS: n 14 /+k •4y r Mt►:rhrGDAM AS). !10-'t f-�•d lv�.. S- 1AW NJhlrlt 1 k 10MIxir+i�ft'V1 yi ►r l r A. t�lillQru! jWW,�rr VN�I► n= C= N C/� �IMF'J CM �/rYAaI'w.M�4' N\%�./..�rN I.M'. �`rwi1.�V�1�w ra��y ,���1. n1 W��•.r V-.�4.�/r(r1 •.►�.. r�'�\ vim'\ 7 7... C � � 0 T rnr; 1 D��fTI pOrnOCm7 CD rnxD O W to "a Z144q*zIRL T rd y�i.�-9ss-eG6 owv*3 303AA0 Man ..a ca, to L0-sT.-nf01. oltw:gq�jeg uud d0O1zO 20 so unr D. Robert Nicetta Building Commissioner Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Legal Notice North Andover, Board of Appeals Telephone (978) 688-9541 Fax(978)688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 28`x' of May, 2002 at 7:30 PM to all parties interested in the appeal of Ann T. Barbagallo,120 Duncan Drive North Andover, for premises at Lot 13C Duncan Drive requesting a dimensional Variance from Section 7, Paragraphs 7.1 (Lot Area), 7. 1.1 (Contiguous Buildable Area), 7.1.2 (Lot Width), & 7.2 (Frontage) within Table 2 to allow a single family dwelling. Said premises affected is property with frontage on the North side of Duncan Drive within the R-1 zoning district. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on May 13 & 20, 2002. Legalnotice 2002-024 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 • AprF08-02 13:09 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty 30 days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. Stop 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited In Item 10 page 4 of this form. STEP a: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTERgST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978.688-9541 Zoning Board of Appeals Office 978-686-9501 Town Cleric's Office 978-688-9545 Building Department I„ i BOARD Ur hr' rtHLS P-02 VAR r,�cL-IV o ,,,tA,r XE STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party In Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP $: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shalt decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A no. 17, within twenty (20) days after the decision is filed with the Town Clerk. Stop 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying pians at the Essex County North Registry of heeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward It to the Zoning Board of Appeals and the Building Department Office, N C=, C- r+i ci 2002 BOARD OF APPEALS fl CD � � CD — >n;)brn 'morn V) C) rn IV Apra -0,8-02 13:10 Page 2 of 4 P.03 Ap_plicai'son for a VARIANC1E �... •:-r_.'C'.ti. ,..y -t:..: n•S:-• t:•� :rte^,n��!T': -.sW._:' : .:r -' s.-: ��i�y.�. ,.�Y__i, ae`-f• _h4. y. .: � ,. r••r�. ic;'..': ;:.;n . �-rlw �r.ti a,,�{.t"• : r . �:- - - :�i, ..r.-�:•r'•` �: � ?i?' ski ,-+�•`�'� %�` _ ._.__,...-,.-r�.•;�;:.... ,,.,,�, 1,: --. �iir'- 5_�'.L ;r:. r.. •:e•:: . c3=� .::. L:::• 7� U.. •,:. -. u• ... 1_-v �.. �� �vZ:3• .,.' .�r.: _.: ...�..lJ:is'r.-�,'11Y:_'.. "'- ti 'F+i�-a•3r�i•; u� •+ >,'d "•��ti;�. Zoning Board of Appeals 1. Petitioner. Name, address and telephone number. Ann T. Barbagallo 978-686-4222 120 Duncan Drive North Andover, MA .The petitioner shall be entered on the legal notice and ttx decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Ann T. Barbagallo, Trustee 120 Duncan Drive, North Andover, MA Years Owned Land: 19 , 3. Location of:Property: a. Street: "120 Duncan ntlXp. Zoning District R1 b. Assessors: Map number Lot Number: 13B, 13C c. .registry of Deeds: Book Number 3347 Page Number. 197 4620 215 4. Zoning Sections under which the petition for the Variance is made. 7.1 (lot area); 7.1.2 (lot width); 7.2 (frontage)cl 7,/, / {u&dh 0-t.c'a- •Refer to the Penrit Denial and Zoning By-law Plan Review a$ sunpfied by the Bukling Comrnisaioner 5. Describe the Variance request Frontage, lot width and lot area variances for lots 13B and 13C, 120 Duncan Drive, to enable construction of second dwelling on formerly subdivided property. See attached memorandum. -The above descriptlon obeli be used for the purpose of the legal notice and decision. A mora datalled descrlptl" is required pursuant to the Zoning Board Rules and Regulations as cited on pogo 4 of this aWleatbn. Faiknt by the applicant to civerty describe the request may result in a decision that doss not address the intent of the applicant. The decision will be Iimlted to the request by the applicant and will not Invotve additional hams not Included above. 6a, Difference from Zoning By -Law requirements: Ir4jeate the dimensions that will not Meet current Zoning By -Law Requirements. (A and B are in the csse of a lot split) Lot Area Open Space Percent Lot Frontage Parking # Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear Width 13B a 58,117 N/A N/A %25A_5rc N/A N/A N/A N/A N/A 50 �-b /6 13C S. 77,150 N/A N/A '25'. s -4-s$ N/A N/A N/A N/A N/A 45 .Apr 08-02 13:10 P.04 "Reference Uvea from the Zoning By -Law. State mrnbor of units in building. b. Proposed Buildings: Ground Floor Number of Total USB of Square feet Floors Sq. feet Building* 2,060 (approx.) ,2 6f Single family dwelling 'Reference Uses from the Zoning By -Law. State number of units in building, 8. Petitioner and Landowner signature (s): Every application for a variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be bled with the Town Cletus Ofrice. It $hail be the responsbbiilty of the potitionerto furnish all suapwting docurrientatlon wtm this appiloabon. The dated copy of this application rec, h, by the Tann Cleric or the Zoning 6oer(i of Appeals toes not absolve the applicant from this responsibility. The petitioner shall be responslbte for all expenses for filing and legal ixtifloaWri, Failkxe to comply with application requirements. as cited herein and In the Zoning Board Rules' and Regulailons may result in a distn'ilssal by the Zoning Board of this application as incomplete. .SipfisturH Type above name (s) here Ann T Barbagallo Paige 3 of 4 Application for a VARIANCE Zoning Board of Appeals S. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. FL Sq. Ft Coverage Feet Spaces Front Side A Side B Rear Width 13B and D v.9 37s� 33' Jso ' ass ' 13C 1352267' N/A N/A % 300 N/A N/A N/A N/A N/A 95 c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear '�Sgq..�FFt.. 13C 7715Q _Z�Or L % /50, S -20 d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back * Width Sq. Ft. Sq. Ft, Coverage Feet Spaces Front g Side A Side B Rear 87,120 N/A N/A % 175 / A JfA A N/A 100 70. 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq, feet Building' 1,280 (approx.) 1�0&? Single family dwelling "Reference Uvea from the Zoning By -Law. State mrnbor of units in building. b. Proposed Buildings: Ground Floor Number of Total USB of Square feet Floors Sq. feet Building* 2,060 (approx.) ,2 6f Single family dwelling 'Reference Uses from the Zoning By -Law. State number of units in building, 8. Petitioner and Landowner signature (s): Every application for a variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be bled with the Town Cletus Ofrice. It $hail be the responsbbiilty of the potitionerto furnish all suapwting docurrientatlon wtm this appiloabon. The dated copy of this application rec, h, by the Tann Cleric or the Zoning 6oer(i of Appeals toes not absolve the applicant from this responsibility. The petitioner shall be responslbte for all expenses for filing and legal ixtifloaWri, Failkxe to comply with application requirements. as cited herein and In the Zoning Board Rules' and Regulailons may result in a distn'ilssal by the Zoning Board of this application as incomplete. .SipfisturH Type above name (s) here Ann T Barbagallo Apr -08-02 13:10 PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon, When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 of the North Andover Zoning By -Law all dimensional requirements shall be clearly identified and factually supported and addressing each of the following points individually is required with this application. A B C. A ._ E. F. The particular use proposed for the land or structure. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or mom parking spaces, b) three or more dwelling units, and c) 2000 square feet or more of building anew. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks ("). In some cases further information may be required 10 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on mylar. P.05 -VARIANCE 10 C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7, deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names/addresses/phone numbers of the applicant, owner of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information- A set of building elevation and interior of building plans shall be required when the application involves new construction/conversion/ and/or a proposed change in use. Elevation pians for minor projects including decks, sheds. & garages shall be Included with aside view depicted on the plot plan, which Includes a ground level elevation. 11. APPLICATION FILING FEES A.. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties in interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. A Variance once granted by the ZBA will lapse in one (1) year if not exercised and a new petition must be submitted. ,AORT{r a y9�sACH 5 Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone,978=688-9545 Fax 9*68'8-9542 I - Street: 4- - U- A, C.A A. -I Ma /Lot: i n 6 I i a Applicant: Tae Arlt a a ;_r: ,. Re uest:ti S� le. 1-a r, � I ��SicUon�ce_ Date: 4 - q - o Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonina Rerneddy for the above is checked below. Item # Special Permits Plan . In , ing Board Site Plan Review Special Permit Access other than Frontaae snxim Par Common Large ts� Planned I Planned I R-6 Dens Kception Lot Special Permit nveway Special Permit Housing Special Permit Care Retirement Special Permit t Elderly Housing Special Per, e Condo Special Permit velopment. District Special Perrr eidential Special Permit Special Permit Item # variance Setback Variance kin Variance !$Hei Area Variance ht Variance iance for Siecial Permits Special Permit Noi Frorviage Zoning Board I 5 ecial Permit ZBA Use not. Listed but Similar Permit preexisting nonconform The above review and attached explanation of such is based on the plans and information submitted. No definitive revievY and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plan§ anddocumentation for the above file. You must file a new building permit application form and -begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: SOU-- — item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient e S 1 Frontage Insufficient y e s 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 1 Insufficient Information B Use 5 No access over Frontage 1 Allowed e S G — Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient. information 4 Insufficient Information e S C 1 Setback H Building Height 1 All setbacks com I Proper Tie S 1 — Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information e 5 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed Lie S 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district LJ e S 2 Parking Complies 3 Insufficient Information 3 InsufficientInformation 4 1 Pre-existing Parkin Rerneddy for the above is checked below. Item # Special Permits Plan . In , ing Board Site Plan Review Special Permit Access other than Frontaae snxim Par Common Large ts� Planned I Planned I R-6 Dens Kception Lot Special Permit nveway Special Permit Housing Special Permit Care Retirement Special Permit t Elderly Housing Special Per, e Condo Special Permit velopment. District Special Perrr eidential Special Permit Special Permit Item # variance Setback Variance kin Variance !$Hei Area Variance ht Variance iance for Siecial Permits Special Permit Noi Frorviage Zoning Board I 5 ecial Permit ZBA Use not. Listed but Similar Permit preexisting nonconform The above review and attached explanation of such is based on the plans and information submitted. No definitive revievY and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plan§ anddocumentation for the above file. You must file a new building permit application form and -begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: SOU-- — Plan Review Narrative The following narrative is provided to further:"'p* the,=reasons for de�tial for the application permit for the property indicated on the reverse side: Referred To: TOWN OF NORTH ANDOVER Office of the Building Department Community Development and Services 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta, Building Commissioner April 18, 2002 Joseph Barbagallo 120 Duncan Drive North Andover, MA 01845 Dear Mr. Barbagallo: Telephone (978) 688-9545 TTX (978) 688-9542 Please be advised that upon further review of the plot plan and the application and plans to the Zoning Board of Appeals it has come to my attention that both parcels are in the same name. I am sorry to have to inform you that in accordance with Chapter 40 A of the Mass General Law (the zoning enabling act) that protection of the lot was lost when the owner of the abutting lot became the owner of the lot in question (13c). In this regard both parcels are merged as one and in the eyes of 40A a conforming lot cannot be subdivided into a non -conforming lot. If you should have any questions on this manner I may be reached between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at 978-688-9545. Respectfully, Michael McGuire Local Building Inspector Michael McGuire, Local Building Inspector James Decola, Electrical Inspector James Diozzi, Gas/Plumbing Inspector Planning Departmart 688-9535 Conservation Department 688-9530 Health Department 688-9540 Zoning Board of Appeals 688-9541 1634 Salem Street North Andover, MA 01845 May 23, 2002 N.A. Zoning Board of Appeals 27 Charles Street N.Andover, MA 01845 To Whom It May Concern: In regard to the appeal of Ann T. Barbagallo, 120 Duncan Drive, North Andover, for premises at Lot 13C Duncan Drive to allow a single family dwelling, I hereby request any and all pertinent information to be discussed at the June 11, 2002 meeting of the Board Of Appeals. Having just undergone surgery and am unable to view the plans at the Building Dept., I thank you in advance for this pertinent information. Sincerely, '�6-1" G. Blake Adams JUN 3 2002 BOARD OF APPEALS 00 00 rn V) C'J C:) Qn y ) LLAom 0 I APPLICATION OF ANN T. BARBAGALLO, TRUSTEE OF THE BARBAGALLO FAMILY REALTY TRUST AND THE BARBAGALLO CHILDREN REALTY TRUST LOTS 13B AND 13C, DUNCAN DRIVE Ann T. Barbagallo, as Trustee of the Barbagallo Family Realty Trust, is the owner of Lot 13B, also known as 120 Duncan Drive in North Andover. Ann T. Barbagallo, as Trustee of the Barbagallo Children Realty Trust, is also the owner of Lot 13C, also known as 0 Duncan Drive. The two lots were created by the endorsement of a Form A (Approval Under the Subdivision Control Law) Plan in 1983. (the "Form A Plan") The Form A Plan was endorsed by the Planning Board and was recorded as Plan #9198 at the Essex North District Registry of Deeds. As created by the Form A Plan, Lot 13B had 58,117 square feet of area and 150 feet of frontage. Lot 13C was created with 77,150 square feet of area and 150 feet of frontage. Both lots complied with the lot area and frontage requirements for the R2 zoning district in which the two lots were then located. A house was built on Lot 13B, but no house was built on Lot 13C before the zoning district was changed to R1 in 1987. The change to an R1 zoning district increased the frontage requirement from 150 feet to 175 feet and the lot area requirement from 1 acre to 2 acres. Since the lots were held in single ownership at the time of the zoning change, the lots were rendered noncompliant with the new zoning, despite the fact that there is ample area and frontage for a house on each of the lots and the fact that other lots on the street also do not meet the 175 foot, 2 acre new zoning. Joseph and Ann Barbagallo have owned Lots 13B and 13C since they were created by Form A approval by the Planning Board in 1983. They built their house on Lot 13B (120 Duncan Drive) and have lived there ever since. In 1991 and 1996, they deeded the two lots into two separate family trusts for estate planning purposes. The Barbagallos always intended to keep the two lots separate, and to eventually build a house on the second lot for their family. The Barbagallos understood that the two lots remained viable as two separate building lots. Evidently the town understood the two lots to be viable as two separate lots as well. Lots 13B and 13C have been taxed as separate parcels by the town. (See attached tax bills.) The unintended result of keeping the two lots in single ownership at the time of the zoning change from R2 to R1 in 1987 was to call into question the continued legality of the two lots as separate building lots. The two lots remain physically viable as separate building lots, each with 150 feet of frontage on Duncan Drive, and each with ample area for a single family dwelling. The Barbagallos seek variances from the provisions of Section 7.1 of the North Andover Zoning Bylaw with respect to lot area; Section 7.1.2 with respect to lot width, as each lot is less than the required 100 feet wide at all points between the street frontage and the house constructed or to be constructed; and Section 7.2, with respect to street frontage, since each lot has 150 feet of frontage, in compliance with the requirements for the R2 district, but less than the 175 feet required for the R1 district. APPEAL Lots 13B and 13C, Duncan Drive Page 2 The proposed variances meet all of the conditions for the granting of variances. A. There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general. In particular, there is a house already on one of the lots, limiting the flexibility in planning for a second house. The shape of the lots is unique in that the two lots together are narrow in the middle, like an hourglass, making the development of the lots difficult because of the need to access the back of the property, where the houses must be located, from the front of the property where they access Duncan Drive. The requested variances are necessary to make use of the two lots given their unusual shape. B. Owing to the circumstances described above especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the applicant. The applicants have always counted on the second of their two building lots as a home to keep within their family. They have treated the property as two separate lots and the town has taxed them as two separate lots. The inability to build on the second lot, as they have always expected, and as the town has apparently expected, as evidenced by the separate tax bills for the two lots, would work a significant hardship on the Barbagallos, who cannot provide a second building lot for their family any other way. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaw. Building a single family dwelling will be consistent with other development on Duncan Drive. The size of each of Lots 13B and 13C and their frontage is consistent with the other development in the neighborhood, most of which occurred under the prior zoning. Allowing the construction of a house on Lot 13C by granting of the requested variances would not derogate from the intent or purpose of the Bylaw because it would allow development that is consistent with and in keeping with the development of the other properties on Duncan Drive. For the reasons stated above, and others that will be presented at the hearing, the applicant respectfully requests that the Board grant the requested variances to allow for Lots 13B and 13C to remain as separate buildable lots. Ann T. Barbagallo, Trustee, By her attorney, Howard P. Spei er DAVIS, MALM & D'AGOSTINE, P.C. One Boston Place Boston, MA 02108 (617) 367-2500 J:\SPEICHER\Barbagallo\BOAApplication.DOC .,'HERE - - - - - DETACH HERE - • • • DETACH HERE . - - - • DETACH HERE DETACH HERE • . . • . DETACH HERE - SEE REVERSE SIDE FOR IMPORTANT INFORMATION Interest at the rate of 14% per annum will accrue on overdue payments from the due date until payment is made. BARBAGALLO, JOSEPH J, JR Loc: 120 DUNCAN DRIVE Parcel Id: 104.B 0177 0000.0 This form approved by the Commissioner of Revenue 2002 QUARTERLY REAL ESTATE THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER NORTH ANDOVER P. 0. BOX 124 OFFICE OF THE COLLECTOR OF TAXES NO. ANDOVER, MA 01845 Your Preliminary Tax for the Fiscal Year 2002 M - F 8:30-4:30, 11/1 TO 7:30 PM beginning July 01 2001 and ending June 30 2002 TAX 688 - 9550 /ASSR 688-9566 on the property described is as follows: First Amount Interest Second Amount Interest 1 -TAX 892.29 0.00 2 -TAX 892.29 0 BARBAGALLO, JOSEPH J, JR ANN BARBAGALLO 120 DUNCAN DRIVE NORTH ANDOVER MA 01845 484 RE F, ROT., , Loc: 120 DUNCAN DRIVE Id: 104.B 0177 0000.0 Deed/Legal: 1760 25 Land Area: 1.22 (ac) • tQ N O LU w z x o x � H w o � z • H F - z LLJO d H S C) {< o W N D w w W LLJ W W W N W x x Q W W w W x S Q cl CL) O CL w O E r a°1+ a L 'L +' > a m o -P o a=) (i W n N L N G U (O H tp 'O O 0 0 0 O N n j o H o m V' U o o � o � • U UL J a W w N 00 lqt O t.C) W O r-1 U !Y >.OpN (' OLi CD pONM ' N tD 00 Qrd r -q y UO •• ..1 pm ON d'NL O O J Q r --I \ O 'o N ro -I�-A = _) 4� o N (n N `n o o WN cO. O N LU W Q= IQ-• L M • • rC-i W Q 0} o a o J N Ln O 'u^ Q Q li m 0:' W W a) v Ln v LL >' _J 4J -0o J O in O L (a (1) 43J ~ CC = Z U 40- .-1 � N N W< X O U a- O �- J W is N w to o l Q= = F' •-� -d a) O QWf-�- �,o Cl) 3� c''L� C\j X: Or Z O LL_ CU r-) n N 41 OO U N c n�o-4 N U P --i a c a� EoE LLI = 0 L c 4 Q 1- r n c � r ~ LL. r -I O M � P" LO cri W d 00 } 00 r-1 tD 0 O J9 } Q Q V) �O¢ O W d LO ZXDl + 0 0 0 LL 00=MOo t§i OZ --Co •QOoI'D a ZO HCl- = - 90A 197 196 195 194 0�=193 08� z 1 203 205 204 J r'. SCAL-E : I 4CX> \ 183 ,sf- I 3 �+ 213 `Z 10 211 Ac < 12 �' +. x 189 14 OO _ 174 220 X X 219 % 18 17 216 215 19 f ' +oAc. _ / w ,�. 71 �1 560 S.F. 43.560 S F. -.W "Area 1" wsF 139 C. 135 136 137 U 134 Cl 138 490 oso SF.S. o Sf• 133 26 144 Z t 140 141 142 143 ' Q 132 3 129 25 w m "r 1w53.5S.F. 4s�?gF d��� 78 131 ' 130 - �' 24 123 122 121 120 119 1a 43 560 SF Qtr' 1146ysF sr - 28 ' 145 a3996sF. •aaa 2Z.0 AC. 30 POWER U R.O.W. \ 31 17 13 gf 3.28AC �\ 22 59 s . 21 �e 8+ 2ii�7C ���• _ 49 2 p 104B' sF. SEE PLAT N 104 i I! n all qm J-Z �' .�, � Q -. � '.�J♦ -tel � �L �. Lu cl -21 cl W z J gW� cc O Q• _ o 29Do b`t 00 Q T• T � T NO r 4 1z' m Q� 4 I 1 :0 i z s 6 i � T T o W � 3 o LZ Q Z V I 1 :0 i z s 6 i � T T o o V I 1 :0 i z s 6 S � T T o aq� a -� ` \\ - -121� I 1 :0 i z s N/F Thomas & Christine Tetroult 127.75 X0.00' 86.29' I o.� p 3 y \No Q vj �Z yJ OQ eo 0^Q o U O � ou 0 30,69 -o x601 co -o � h N o D4 oICP N � / O O� > LO ��\06o O aeH 2 Q � W y a\ o ui � Q �Q ui s 3`a a lo o 0 � O �O O+ c4l �o �Js, p � O tiro •�Vt9 iNo, d- LOO � �.0 Z. _cam N/F Thomas & Christine Tetroult 127.75 X0.00' 86.29' I o.� p 3 y \No Q vj �Z yJ OQ eo 0^Q o U O � ou 0 30,69 -o x601 co -o � h N o D4 oICP N � / X05 ca OoJOo\\0 JF Ce > LO ��\06o zn tic q a o aeH 2 ^ \\ •v k o y c ��j0 Z � ti �Q ui s �p�y �. L 1�$�` oz lo 64 I �i�^Q �O O+ �o �Js, tiro •�Vt9 iNo, d- C q w akc �oJs _cam ,co"�a o� w o, k.1 �vLO X05 ca OoJOo\\0 JF Ce LO ��\06o zn tic q a o ^ \\ •v k o c ��j0 `TS G��SETyQ � ti �Q ui s �p�y �. L 1�$�` oz lo 64 I �i�^Q Imi Zoning Bylaw Denial •. o 40 Town Of North Andover Building Department tiq$s^�N�S 27 Charles St. North Artdover, MA. 01845 Phone��7 1688-9545 Fax 9*6g'8-9542 �ueei .. F�...... ..vA CA�U...D. 1 l v .... _ . x. ...13.. .� _......_.. Ma /Lot: Applicant: Tae RAr Vj a a i' Request: _r.__ ...Y... Date: �} — 9 - ©s), i Please be advised thatafter review of your Application and Plans that your Application is DENIED for the following -Zoning Bylaw reasons: Zonina Remedy for the above is checked. below. Item # I Special Permits Plannin Board Site Plan Review Special Permit Access other than Frontana Rn_Q oo. Continuing Care Retirement Special Item # I Variance king Variance Area Variance + F ro N+a a e. Special Permits Zoning Board Permit S ecial Permit Use not Listed but Similar - Pe ecial Permit for Si n Special Permit oreexistinn nnnrv-mfnrrr ib The above review and attached explanation of such is bascd on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by theapplicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plan§ and, documentation for the above file. You must file a new building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: item Notes I Item Notes A Lot Area - F Frontage 1 Lot area Insufficient Lle S 1 I Frontage Insufficient `i S 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed y e S G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting .2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient. Information 4 Insufficient Information e S C Setback H Building Height 1 All setbacks comply Pro4°SEtQ ' •e 5 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies - 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information � e 5 5 Rear Insufficient I Building Coverage A 6 Preexisting setbacks 1 Coverage exceeds maximum 7 j Insufficient Information 2 Coverage Compiles D Watershed 3 Coverage Preexisting 1 Not in Watershed S 4 Insufficient Information 2 In Watershed Sign 3 1 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district Lf e S 2 Parking Complies 3 Insufficient Information 1 1 3 1 Insufficient Information 4 1 Pre-existing Parkin Remedy for the above is checked. below. Item # I Special Permits Plannin Board Site Plan Review Special Permit Access other than Frontana Rn_Q oo. Continuing Care Retirement Special Item # I Variance king Variance Area Variance + F ro N+a a e. Special Permits Zoning Board Permit S ecial Permit Use not Listed but Similar - Pe ecial Permit for Si n Special Permit oreexistinn nnnrv-mfnrrr ib The above review and attached explanation of such is bascd on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by theapplicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plan§ and, documentation for the above file. You must file a new building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative r: The following narrative is provided to further;explatn~tf�o reasons for denial for..the applications permit for the property indicated on the reverse side: Af' � � 'tY 14 IM 1 SV � A i re e/` Fro4�4a .. IN �na��%' + 4o CONb'`fnucf �mn11n9 .. Na . S eC. IT1 -4 IV N/F Thomas & Christine Tetroult o O -r 40.001 Q QQ PC o 3y a� O^j o N m 000 �Z II c N Cd � 0 O N/F Thomas & Christine Tetroult o 127.75' 40.001 -` 86.29' 3y �� � v O^j o N LL ~pQ �Z II c Cd rN��V� -4 h 30.V9 6" NQ rt 0 -o �IG°1�e . �a \�3 4 �o h100 h % � Lo w Q; C3 0 o /Clio 11 CP / // o / 40 � ►�� 69 � � r e V N i R 0 Of o�C �o ti J op qo N 00 w J � 0 h ;r4 � W�