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HomeMy WebLinkAboutMiscellaneous - Rocky Brook Road (8)0 l f � � l� f.�r. �� � �.' 9� �` ,7 ���� /`: � I � (� 'moi �.,;'. .�! � � Y> '� �'� r � �,,. ��µ., :' .. I, s e.� i s j� .. . 0 l � � l� �. � 9� r � � w '� `, � I � � '� � V \ Ci �` II v! l �\ 0 79�. Y�63 0 ^��,, 'l � � �� ? �\ �� �� '� �_ �.. �\ � ti � I �C 1' 0 y NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS -,7 C I'jkRLES STREET GRTr_ P.ND0VER, tiLASSAC E --S 0iS-; L.-, ' (9 7/3) 683-9-; Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 1lt!3: q of May 1999, at 7:30 PM to all parties interested in the appeal of Frank DiNuccio, Trustee of Wintergreen Realty Trust, 674 Great Pond Road, for property located at, Rocky Brook Road, North Andover, requesting a Variance from the requirements of Section 7, paragraph 7.1.1, of Table 2, for relief of lot area dimension of contiguous buildable area regulation in order to build a single family home on Lot 246, Rocky Brook Rd. Said premises affected is land with frontage on the North East side of Rocky Brook Road which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9. -AM to 1 -PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 4/27/99 & 5/4/99 C Ci I' .-J)P E. - 'Jvv-..=1_l:_.21�CS OSS-'? - 5 COINS C.'�'.��- �m 1a �c_n©� Amo m o v � � GNB � y zy �� �o- •°d ��� � = i Legalnovl16 � z-' = '' "C ° ; '�—om . �OT„pD mo �z o3 D b CD��oC m o o c o Z"L o rn'DZT= r� i o y (D (D C N— C F- N O V N C1 < O to N -, N O y_ -- A D -� tD y m�MfD G Z fn m 7'-- y (n G j N :D O C. y O N (D y ID N m N _�. S < ^ (D (D G O _. — O y -. to (p.< �? O p =).n 0-'� �>-Ii Dyi m ° _`D,.Dco srm�0 o� rGm m o� 7 - y D`< N O < Vl D O7 cp O CD 4l -^ (D y O y tL] ._ O O O .... S] .. Z5 �m c� o c GC) ^, c c ID n. ,� D m G ID N y J O< N 'D 7 O n A N �. ,< < 0 m G O y y y tD (D — '� .T — (D O C (D C' — — y (D C ^ O C [D A C N O v a J O _< _' N N (D `< (D G y (n y (D N (O G C- C Ci I' .-J)P E. - 'Jvv-..=1_l:_.21�CS OSS-'? - 5 COINS C.'�'.��- NORTH NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS Ol 845 FAX (978) 688-9542 TO ALL CONCERNED PARTIES, PLEASE BE ADVISED OF THE FOLLOWING RESCHEDULED MEETINGS OF THE ZONING BOARD OF APPEALS. The North Andover Zoning Board of Appeals has rescheduled the continued public hearing portion of their June 8, 1999 meeting to the following date: Tuesday, June 15, 1999, relative to the following continued petitions: Bank Boston, Frank DiNuccio, Daniel J. Murphy, Estate of Margaret Simon, & MPG Realty Trust. Location of the meeting: North Andover Senior Center, 120R Main Street. Time of the meeting: 7:30 PM. By order of the Chairman of the Zoning Board of Appeals, William J. Sullivan ml/citizen BOARD OI .-UPE:ALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL.ANNINU 688.9535 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS Ol 845 FAX (978) 688-9542 TO ALL CONCERNED PARTIES, PLEASE BE ADVISED OF THE FOLLOWING RESCHEDULED MEETINGS OF THE ZONING BOARD OF APPEALS. The North Andover Zoning Board of Appeals has rescheduled the continued public hearing portion of their June 8, 1999 meeting to the following date: Tuesday, June 15, 1999, relative to the following continued petitions: Bank Boston, Frank DiNuccio, Daniel J. Murphy, Estate of Margaret Simon, & MPG Realty Trust. Location of the meeting: North Andover Senior Center, 120R Main Street. Time of the meeting: 7:30 PM. By order of the Chairman of the Zoning Board of Appeals, William J. Sullivan ml/citizen BOARD OI .-UPE:ALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL.ANNINU 688.9535 l0- . 9 SSACHU5et NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER MASSACHUSETTS 01845 ,.FAX (978) 688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of May 1999, at 7:30 PM to all parties interested in the appeal of Frank DiNuccio, Trustee of Wintergreen Realty Trust, 674 Great Pond Road, for property located at: Rocky Brook Road, North Andover, requesting a Variance from the requirements of Section 7, paragraph 7.1.1, of Table 2, for relief of lot area dimension of contiguous buildable area regulation in order to build a single family home on Lot 24B, Rocky Brook Rd. Said premises affected is land with frontage on the North East side of Rocky Brook Road which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1: PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 4/27/99 & 5/4/99 IcCOo1 Om'o�3701mOoGm 33ao�3.oc� 5 Legalnov/16 � =Z MO3w ° aa,<amw•o = arm U>>om°-m_�wCop � °ZOM'a z�0 W3W0E;0?0a, m °���y�Am0g�� o°omm�a0�cma Dnr OaS��0�"'U2 D 001@3 c°ym� memoao '@ .0 � C, D -mOom 3m_'r -no n7�CDMDayo mm@ -(Da. W V<�i�o��'A7•O TO A - T- .35 90.-.RDOFAPPEALS688-9541 Y. I BUILDINGS 6SS-95-45 CONSERVATION 688-9530 HEALTH 683-9540 PLANNING 6SS-953 HP OfficeJet Personal Printer/Fax/Copier Fax Log Report for North Andover Com. Dev. 508 688 9542 Apr -15-99 10:23 AM Identification Result Pagggs Type Date Time Duration Diagnostic 87948363 Jammed 01 Sent Apr -15 10:22A 00:01:15 002184230020 1.2.0 Z8 FAX TRANSMISSION TO: --ro4,✓ A),' Ili S Petitioner (or petitioner's representative) FAX NUMBER: 9 7P - 7 g -'- X-3 G 3 FROM: Mary Leary-Ippolito, ZBA Secretary FAX #978-688-9542 PHONE: #978-688-9541 DATE: �// !S-Zorf SUBJECT: ATTACHED LEGAL NOTICE Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notices department of the Lawrence Eagle Tribune and it is your responsibility to do so as -soon -as -possible in order to meet the required deadline. Failure to place the legal notice in the paper within the required deadline will mean that you will not be able to be placed on the ZBA agenda for upcoming meeting. The phone number for the Eagle Tribune is: 978-685-1000. Best regards, Mary Leary-Ippolito ZBA Secretary PHONE: 978-688-9541 FAX: 978-688-9542 gOR'Fa - 4. O h F 9 S-7ACHUS¢S NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 FAX (978) 688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of May 1999, at 7:30 PM to all parties interested in the appeal of Frank DiNuccio, Trustee of Wintergreen Realty Trust, 674 Great Pond Road, for property located at: Rocky Brook Road, North Andover, requesting a Variance from the requirements of Section 7, paragraph 7.1.1, of Table 2, for relief of lot area dimension of contiguous buildable area regulation in order to build a single family home on Lot 24B, Rocky Brook Rd. Said premises affected is land with frontage on the North East side of Rocky Brook Road which is in the R-1 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 4/27/99 & 5/4/99 Legalnov/16 BO.ARD OF APPEALS 688-9541 BI_ILDINGS 685-9545 CONSERVATION 688-9530 HEALTH 683-9540 PLANNFING 685-9533 � •T rir .. _.1 jt?YC)FI�14' TQ�pt4 CI FSK NOi�I'I 0 - FR F� Received by Town Clerk: MAR i 51 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Frank Dinuccio, Trustee of Applicant Winter reen Rety Trust Address 673 Great Pond Road Nortri Andover, MA 01845 Tel.. No.. 1_ Application is hereby made: a.) For a. variance from the requirements- of Section ...... 7 Paragraph 7.1, and Table 2 of the Zoning Bylaws. b) XR= >ac xapecnadxA3=Wc=Xb--=2MX=A= AXXXXRxxagxxFhx xxtxtxhm ) )Jt 3cxx C) XAgXXXMffZy ,XXII�OX�C�4 X?C3C} 4` �XX3dD C3 'ii XtCj4LcXg4jCjAX as�txi X= x3zha= x 2. a ) Rasn€ics�stxzti$t5tcx�ctxtcxxxxxxx�ti3cxit�xc3&x)x b) Premises affected are property with frontage on the North (X) South ( ) East 0) West ( ) side of Rocky Brook Road x]ftx2;ej:. Street, and known as No. Rocky Rrnnk RnnH c) Premises affected are in Zoning District R1 , and the premises affected have an area of.161,013 square feet and frontage of 583.91 feet.and contiguous buildable area of 42,945 square feet. Rev. 06.05.96 5 o£ 8 3_ Ownership:. a) Name and address of owner -(if joint ownership, give all names): Frank DiN.uccio, Trustee of Wintergreen Realty Trust, 673 Great Pond Road, North Andover, MA 01845 Date of Purchase 7/30/84 Previous - Owner Edmond Leland b) L_ rf applicant is not owner, check his/her interest in_ the premises Prospective Purchaser Lessee Other 2.. Letter of authorization. for Variance/ Special. Permit required_ 4_ Size of proposed building: N/A front; feet deep; Height stories; feet.. a) Approximate date of erection: b) Occupancy or use of each.floor: C) Type of construction: S. Has there- been a. previous appeal., under zoning, on. these premises? No rf so, when? 6. Description of relief sought. on this petition Variance o contiguous buildable area regulation 7'.. Deed recorded in. the Registry of Deeds in. Book 1850 Page 312 Land Court Certificate No.. Book Page - The principal points upon which r base my application are as follows-: (must be. stated -in detail) See attached sheets L agree to ay the filing fee, advertising in newspaper, and incide to en s Signature of Petitioners) Rev-.. 06.05.96 DESCRIPTION OF VARIANCE. REQUESTED ZONING DISTRICT: R1 Required Setback or Area Existing Setback Relief or Area Requested Lot: Dimension. 2 acres 3.7 acres None Area Contiguous buildable area Approximately 50% Variance to 75% or 65,340 square feet or 42,945 s.f. 4'2,945 s.f. Street: Frontage 175 feet 583.91 feet None Front Setback 30 feet Greater than None 30 feet Side Setback(s) 30 feet Greater than None 30 feet Rear Setback 30 feet Greater than None 30 feet Special Permit Request: Rev -06.,03.9G 7 of 8 LIST OF PARTIES OF INTEREST PAGE It OF 2 SUBJECT PROPERTY Parcel Name Address Map 90A 23A, Frank DiNuccio Trustee 673 Great Pond Rd., North Andover,MA of Winter reen Realty Trust 90A Frank DiNUCCIO, rustee 6T3 Realty W -r -u-64 Greaton ., ABUTTERS Map Parcel Name Address 90A 41 Kenneth J.-& Joann Patti 78 Tanglewood North Andover, MA 01845 90A 42 L. Kenneth & Mary Ann Moore 75 Tanalewond Lane -- North Andover MA 0184 P. R. Breen & T P Munroe 770 Boxford Street 90A 40 --Trustees of Rocky Brook Realty Tr. North AnrInut—r-, MA U1845 90A 43 Glenn A. & Ellen P' North Andover, MA Q1A41; 90A 44 Brian F. & Beth Ellen Hopkins 31 North Andover MA 01845 )OA 37 Gayle E. Stevens North Andover, OA 36 Robert B. Smith. Sally A. Smith NorLh Andover, MA n1AAq 90A" 7 Alber 745 Fos North Andover MA 01 OA 6" Rick,C. & Maureen A North Andover MA 01845 OA 48 Robert M. Powell Jr. & Joanne M. Powell North Andover, MA 01845 345 Stevens Street OA 1 O un uit Homes'. North Andgver, MA 0184S OA 52 Robert P. Milliard & 88 Rocky Susan A. Pare North Andover, MA 01845 )OA 56 Charles J. & Kathleen Collins 124 Rocky Brook Road North Andover, MA 01845 90A 58 Steven M. & Annette M. Goldberg 6Roc y Trook Road CERTIFIED BY: A , ASSESSOR'S OFFICE 8 of 8 _ ,moi LIST OF PARTIES OF INTEREST PAGE 2 OF 2 SUBJECT PROPERTY Map Parcel Name, 90A 23A Frank DiNuccio, Trustee 673 Great Address Pond Rd., North Andover, MA 01845 of Wintergreen Realty Trust .,--Nortli Andover, ABUTTERS Map Parcel Name 90A 60 Mi6hael Colleen A.COzzi Address 144 Rocky Brook Road North Andover, MA 01845 I CERTIFIED BY: ASSESSOR'S OFFICE Continuation 8 of 8 DATE ' Supplemental to Support the Variance Request for Lot 24B Rocky Brook Road to Accompany an Application to the Zoning Board of Appeals Lot 24B is a second generation lot produced from an original subdivision of land shown on a Definitive Subdivision Plan of Wintergreen Estates prepared on February 26, 1985. The original land mass involved was named Lot 23 and Lot 24. Lot 23 originally contained 3.09 acres. Lot 24 originally contained 86,282 sf (about 2 acres). The total land mass for both lots being just over 5 acres. The access to Lots 23 and Lot 24 was from Tanglewood Lane and required a significant wetland crossing and floodplain filling. The owner sought an alternative access which would have less wetlands impact. A new subdivision, Rocky Brook Road, was built adjacent to and an arrangement was made to purchase small parcels of land abutting Rocky Brook Road which would provide Lot 23 and 24 a more reasonable access. The land was purchased by Wintergreen Realty Trust in 1984. At the time of purchase the land was zoned for 1 acre development and there was no requirement for contiguous buildable area. Subsequent to the purchase of these small lots, a title examination showed that the additional parcels purchased did not have clear record title, the title needed to be cleared through the Land Court with extensive petitioning. Recently, the Land Court issued their confirmation of title resolving these issues. While involved in the Land Court petition, the Zoning Bylaw had changed requiring 2 acres of land to constitute a lot rather than 1 acre as the previous subdivision was subject to. Our proposal creates 2 new lots from the original 2 lots both of which have the newly required 2 acre size. Also, since the time of purchase, the concept of contiguous buildable area was added to the municipal Bylaws. Both lots conformed to the CBA for 1 acre zoning, but are slightly deficient for 2, 2 acre lots. In all other aspects the lots conform. One of the newly configured lots, Lot 23B, fully conforms to the Zoning Bylaw containing 2.11 acres of land with sufficient frontage and the required (minimum) amount of contiguous buildable area (cba), 65,341 sf, one square foot more than required. Lot 24B, the subject parcel, contains 42,945 square feet of cba and 3.7 acres of land with more than 583 feet of frontage. The original 2 lots both would lack cba, therefore, as a result of our petition and plan the land mass creates a more conforming result. By granting the variance the Zoning Board of Appeals would not derogate from the intent of the Zoning Bylaw. The houses would be sufficiently spaced on land masses which are greater than those in the surrounding neighborhood which were developed as a one acre zone. The entire surrounding neighborhood was built without the requirement of cba and was built with the requirement of a minimum lot size of 1 acre. The lot, if approved would have a CBA almost equivalent to a one acre lot and with a total area in excess of 2 acres. The proposal would utilize a common driveway which would minimize the cutting of trees and the altering of land. Both lots would be serviced by subsurface sanitary disposal systems and provided with town water. They would be situated on the landscape in a very typical fashion. Lot 24 B is unique. It exists in a portion of die community developed without the applicability of the contiguous buildable area concept and on a one acre development mode. Due to the soils, topography and wetland configuration unique to this lot, the delay in having record marketable title has resulted in applying a CBA standard which could have been met with surplusage for R2 zoning, but is slightly deficient in an R1 zoning. The relief may be granted without substantially derogating from the intent or purpose of the Bylaw and without substantial detriment to the public good. A literal enforcement of the Bylaw would impose a significant financial hardship on the petitioner amounting to a removal of one buildable lot from the petitioner who formerly had two without any commensurate addition to the public welfare. The original subdivision developed 2 potentially buildable lots. The applicant desires to pursue a less intrusive wetlands access to the lots created. The title issue prohibited the marketing of the lots since the title of the properties was not insurable or marketable and mortgages for construction could not be secured. The title issue was created because the applicant chose to pursue a more environmentally friendly access to his lots than those originally approved by the community. As a result of the delay the amount of CBA needed for the 2 lots went from 0 to 65,340 square feet which requirements could and can be met. The following year the requirement went to 130,680 square feet which has necessitated this variance petition. When the title was cleared the applicant immediately pursued the necessary permits for construction. z . 497gW P6 40 CONFIRMATION COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT In the matter of the complaint of Francis L. DiNuccio et al, Trustees for confirmation without registration of title under the provisions of Chapter 185 of the General Laws (Ter.Ed.) numbered 43105 after consideration, the Court doth adjudge and order that on May 8, 1995, at 10 o'clock a.m. said Francis L. DiNuccio and Ellen P. McIntyre, of North Andover, County of Essex, and said Commonwealth, Trustees of Wintergreen Realty Trust under a Declaration of Trust, dated August 10, 1984, and duly recorded with Essex County (Northern District) Registry of Deeds, in Book 1850, Page 306 were the owners in fee simple with power to sell, lease _ and mortgage , -A { - of that certain parcel of land situate in North Andover in the County of Essex, and Commonwealth of Massachusetts, hounded and described as follows: z FIRST PARCEL: . Westerly by land now or formerly of Wintergreen Realty Trust, four Q' hundred thirty-seven and 22/100 (437.22) feet; and Northeasterly two hundred twenty and 56/100 (220.56) feet, and Southeasterly two hundred seventy-five and 32/100 (275.32) feet by land now or formerly of Peter Breen et al, Trustee. Said land is shown as lots 1 and 2 on the plan hereinafter mentioned. SECOND PARCEL: Southwesterly by the northeasterly line of Rocky Brook Road, two hundred fifty-eight and 54/100 (258.54) feet; Northeasterly by land now or formerly of Wintergreen Realty Trust, two hundred sixty and 85/100 (260.85) feet; and Southeasterly by land now or formerly of Peter Breen et al, Trustee, ninety-seven and 39/100 (97.39) feet. Said land is shown as tots 3 and 4 on said plan. Said land is shown on a plan drawn by Thomas E. Neve Associates, Inc., Surveyors, dated July 18, 1996, filed in the Land Court, a copy of a portion of which will be filed at the Registry of Deeds with the copy of this judgment. Said lots 1 and 2 are subject to the slope and grading easement set forth in a grant made by Vincent Grasso et al, Trustees, to Peter R. Breen et al, Trustees, dated August 29, 1990, duly recorded in Book 3911, Page 55. So much of said lots 3 and 4 as is included within the area marked "Temporary Construction Easement," approximately shown on said plan, is subject to the slope and grading easement set forth in a grant made by Vincent Grasso et al, Trustees, to Peter H. Breen et al, Trustees, dated August 29, 1990, duly recorded in Book. 3911, Page 58. 'Said lot 4 is subject to such rights as may exist at the date of this judgment in the Drainage Easement (20.00 Wide), approximately shown on said plan. Said lots 1 and 2 have the benefit of a slope and grading easement set forth in grant made by Peter R. Breen et al, Trustees, to Vincent Grasso et al, Trustees, dated August 29,1990, duly recorded in Book 3911, Page 62. -2- 43105 Conf. ��� 49 9 PG 42 Said land is also subject to any of the encumbrances mentioned in section forty-six of said Chapter which may be subsisting: PETER W. KILBORN Witness, XftRJkY )8MkIYJM Chief Justice of the Land Court at Boston, in the County of Suffolk, the twenty-sixth day of February , in the year nineteen hundred and ninety-eight. Attest with the seal of said Court. (SEAL] A TRUE COPY. Attest with the seal of said Court. CHARLES W. TROMBLY, JR. 1 OL I Recorder Recorder V) k / < ƒ / ® q � � < a 2 \ \ / % U � 2 m - m .\ 0 / § tn 2 2 ► 2 \ a 3 C0 R M All 0 N -4,3 10 5 FLAN OF LAND IN NORTH ANDOVER Thomas E. Neve Associates, Inc., Surveyors ,July 18, 1996 tin•{,,a) ' - - - remporary Construction t w , Easement f Droinoge Easement (20.00 Wide) -W o .5 .31 M MI ♦ �` � t•I 3 r rrlr r , r i r � , r � r r , , o , }t + 1 `f 1 'v v b jf i i I t t•; ^ r r' rr r f � � J b O,, =cF Abutters are not adjudicated. Locus Comprises Lots 1 2, 3 and 4 NORTN t 1 O b - NORTH ANDOVER / OFFICE OF THE ZONING BOARD OF APPEALS I 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 /•— ' / FAX (978) 688-9542 Date: J TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 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 VARIANCE for property located at: STREET: /16 C f� Y 5 K6 0 /,)-' / d J91 TOWN: A)6' 8A) mj e F81YA) /t P/ IV v C C'i v, �sr NAME OF PETITIONER: W l N % F6e 6-t FE/t% Signed: 10.4 Variance and Appeals :- The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to 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, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MI/variance BOARD OF-PPEA1S 6SS-95 11 BUILDINGS68S-9545 CONSERVATION 685-9530 HEALTH 683-9540 PL.�IuNNING 6SS-9535 h/L-E-M-0 TO.- -7� DATE: ca M111999decision/12 Ion the appli c* Andover, MMr uous buildable ng District l�' :adey, Rayrriond' itters were notifies voted to qg: iuildable area of 50%Instead "of* i- 317 William J. Sullivan, . ..... ka, of the Zoning Bylaw and that theme W ,tent and purpose of the fini6d-Syla is of this Zoning Bylaw where the he land or structure and."6ip;cG!ly ' W ,eral enforcement of the provisi60oifix 4. RV int, and that desirable relief may, be 1 derogating from the intent or purpose-k--- doa-c or "kpMdls' William J. Sullive Zoning Board of 0 1: AITE.�—( 'S 616111t-9 11-1 i 5 U LD(NGS 68S.9 54 " CON'SER 68S-9 5 30 HLAL FH bAX-)f -10 PL. \:<NINU ()NX' -',o 4 14- 1. 4� l� TOOi .;, � Mflf�TH �Nt,V7 NORTH ANDOVER OFFICE OF JUL c 23 THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01945 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 Property at: Rocky Brook Road FAX (978) 688-9542 NAME: Frank DiNuccio, Trustee of Wintrgreen Realty Trust, 673 Great Pond Rd., No. Andover DATE: 6/23/99 ADDRESS: for premises: Rocky Brook Road PETITION: 009-99 North Andover, MA 01845 HEARING: 5/11/99 & 6/22/99 The Board of Appeals held a regular meeting on Tuesday evening, June 22, 1999 upon the application of Frank DiNuccio, Trustee of Wintergreen Realty Trust, for premises at: Rocky Brook Rd., No. Andover, MA requesting a Variance from Section 7, P 7. 1.1 of Table 2, for relief of lot area dimension of contiguous buildable area regulation in order to build a single family home on Lot 248, Rocky Brook Rd. within the R-1 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, George Earley, Raymond Vivenzio. The hearing was advertised in the Lawrence Tribune on 4/27/99 & 5/4/99 and all abutters were notified by regular mail. No persons appeared in opposition to the petition. Upon a motion made by Raymond Uvenzio and 2nd by Walter F. Soule, the Board voted to GRANT a Variance from the requirements of Section 7, P 7. 1.1 to allow area dimension of contiguous buildable area of 50% instead of 75% to construct a singe family home on approximately 42,945 sq. ft. Voting in favor. William J. Sullivan, Walter F. Soule, George Earley, Raymond Vivenzio. Variance The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or typography of the land or structure and 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 petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. Board of Appeals, William J. Sullivahairman Zoning Board of 'teals m111999decision/12 B(.):�Kll OP .�1'NE.�LS 658-J5 +1 BUILD[N'GS 683-9545 CONSF,RVATION 698-9530 HEALTH 688-9540 PLANNINU 68S-). i NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACI-RJSETTS Ol 845 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Cleric. NOTICE OF DECISION Property at: Rocky Brook Road JUL I 2 23 P� '�j FAX (978) 688-9542 NAME: Frank DiNuccio, Trustee of Wintrgreen Realty Trust, 673 Great Pond Rd., No. Andover DATE: 6123/99 ADDRESS: for premises: Rocky Brook Road PETITION: 009-99 North Andover, MA 01845 HEARING: 5111/99 & 6/22/99 The Board of Appeals held a regular meeting on Tuesday evening, June 22, 1999 upon the application of Frank DiNuccio, Trustee of Wintergreen Realty Trust, for premises at: Rocky Brook Rd., No. Andover, MA requesting a Variance from Section 7, P 7.1.1 of Table 2, for relief of lot area dimension of contiguous buildable area regulation in order to build a single family home on Lot 248, Rocky Brook Rd. within the R-1 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, George Earley, Raymond Vivenzio. The hearing was advertised in the Lawrence Tribune on 4/27/99 & 5/4/99 and all abutters were notified by regular mail. No persons appeared in opposition to the petition. Upon a motion made by Raymond Vivenzio and 2nd by Walter F. Soule, the Board voted to GRANT a Variance from the requirements of Section 7, P 7. 1.1 to allow area dimension of contiguous buildable area of 50% instead of 75% to construct a singe family home on approximately 42,945 sq. ft. Voting in favor: William J. Sullivan, Walter F. Soule, George Earley, Raymond Vivenzio. Variance The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or typography of the land or structure and 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 petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. Board of Appeals, William J. Sullivan Chairman Zoning Board of eats mill999decision/12 Bo.'.RD OI .-\!'PE.-�-L.S 688-1541 BU1Lll[\GS GESS-9545 CONSERVATION 683.9530 HEALFH 68; -95-40 PLANK ,INN WX-'J� 3: