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HomeMy WebLinkAboutMiscellaneous - 17 MABLIN AVENUE TOWN OF NORTH ANDOVER SPECIAL PERMIT OF ao'�q~O a ` ZONING BOARD OF APPEALS NAME ~~ ADDRESS OF APPEAL " Procedure & Requirements for -1 an Application for a Special Permit Ten (10)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: C' Failure to submit the required information within the I The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7 DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Permit Denial form completed by the Codes of the Zoning Board of Appeals and delivers the legal Administrator. notice to the local newspaper for publication_ , . STEP 2: SPECIAL PERMIT APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application fort to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in histher behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using k STEP 3: PLAN PREPARATION: the information it has otherwise receive. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES iN INTEREST: sent to all parties in interest Any appeal of the Board's The petitioner requests from the Assessors Office a decision may be made pursuant to Massachusetts certified list of Parties in Interest(abutters). General Law ch.40A see. 17, within twenty (20)days after the decision is filed with the Town Clerk_ STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP10.- RECORDING CERTIFICATE OF DECISION of all the required information to the Town Clerk's Office PLANS. to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of of filing. The original will be left at the Town Clerk's the decision and any accompanying pians at the Essex Office, and the 10 Xerox copies will be Left with the County North Registry of Deeds, 381 Common St., Zoning Board of Appeals secretary. Lawrence MA, and shall complete the Certification of Recording form and forward'it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev&Services 27 Charles Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688.9566 Assessor's Office 978-688-9542 fax for Community Development offices ( ( , 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office J A"J 1 �Ll i PAGE 1 of 4 2007 PAGE 2 OF 4 Date &Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number- John G. Pirrotta and Joseph A. Pirrotta, Jr. 17 Mablin Avenue, North Andover, MA 01845 978-794-0224 "The petitioner shall be entered on the legal notice and the decision as entered above. 2 Owners of Land: Name, Address and Telephone number and number of years under this ownership: John G. Pirrotta and Joseph A. Pirrotta, Jr. 17 Mablin Avenue, North Andover, MA 01845 978-794-0224 Years Owned Land: 1.5 years 3. Location of Property: a. Street: 17 Mablin Avenue ming District R-4 b. Assessors: Map number 11 Lot Number 37 c. Registry of Deeds: Book Number 6964 Page IWxnber: 260 4. By-Law Sections under which thepetition for the Speck* Permit is made. Section 9 Paragraph 9.1 and 9.2 i *Refer to the Permit Deni and Zoning By-Law Plan Review as supplied by the Building Commissioner- 9 5. Describe the Special Permit request: Applicants seek to construct a detached two car garage on their residential property. The zoning by-law reauir s a msidential lot in an R-4 district I contain 12,500 square feet_ The AWli-cant-'s lot contain- 10,00�cpare feet The present residence is are-existing, non-conforming structure "The above description shah be used for the purpose of the legal notice and decision_ A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL 6.a Existing Lot: NORTH ANDOVER ZONING BOARD OF APPEALS Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. a Sq. Ft. Coverage Feet Spaces Front Side A Side B % 100 -- 25.7 21ft 7.3ft ".ft % (House) House) ---(-Gar-age-) b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Bade Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side S Rear c. Required Lot: (As required by Zoning By-Lav►,) f Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set.Baric• Sq. Ft Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12,500ft -- -- % 100 -- 30ft 20ft 15ft 30ft 7. a. Existing Buildings: Ground Floor Number of Total Use of Ntsnber Square feet Floors Sq.feet: Building* of Units 'Reference Use Code numbers and Uses from the Zornng By-t-aw State number of ups in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq_feet B~ of U111 is 500 1 500 Residential Garage 'Reference Use Code numbers and Uses from the Zoning OWinance,Slate number of units in b MWg 8. Petitioner and Landowner signs (sy Every application for a Special Permit sho be made on Vas form which is the drm:W tam of the Zoning Board of Appeals- Every application Shan be filed with the Town Clerk's Office_ It shaft be the responsibility of the petitioner to fumish all supporting documentation with this appheation. The dated copy of Vft appgcaWn received by the Town Clerk or the Zoning Board of Appeals does not absolve the from tt„s petitioner shall e responsibility_ Thebe responsible for all expenses for filing and legal noiiWation_ Farre to comply with aMn requirements, as cited herein and in the Zoning Board Rules R may result in a disr�by the Zoning Board of this application as incomplete. Signature Type above name s here v gq PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *PMn Specifications: legibly written or typed memorandum setting forth in I) Size of plan: Ten (10) paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 11"x17", preferred scale of 1"=40' Permit from the requirements of MGLA ch. 40A, and the H) One(1)Mylar. North Andover Zoning By-laws, all dimensional Iin Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. Each point, 1-6 individually, is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: 1.The particular use proposed for the land or structure. 1) She Orientation shall include: 2. The specific site is an appropriate location for such 1. nom point i use, structure or condition_ 2. zoning district(s) 3. There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties j 5. The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria I1)Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales ; requirements.)_ 4. Date of Plan II 5. Title of Plan I 6. Names addresses and numbers of the 10. PLAN OF LAND , a Each application to the Zoning Board of Appeals shall SPP�t, owner or recordrd, and designer or Surveyor- be accompanied by the following described plan_ Plansry�or' must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days 10 D. Minor Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds, and garages, appeals. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may A set of building elevation pians may be required be required when the application involves new construction/conversion/and/or a proposed change 11. APPLICATION FILING FEES in use. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841"for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the I)five or more parking spaces, abutter's list for the legal notice check. Also, the II)three(3)or more dwelling units, applicant shalt supply first class postage stamps III)2000 square feet of building area. (currently 37$)x the#of parties of interest on the abutter's list for the decision maiiing. Major Projects shall require that in addition to the above B. Madmg labels: Apples shall provide four(4) features, plans must show detailed.utilities, soils, and sets of mailing labels no larger than 1"x2-5l8 (3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. ►►►► A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and,a new petition must be submitted. A A MEMORANDUM The Applicants seek to obtain: 1. A Special Permit for a pre-existing, non-conforming structure, because their lot area is less than the required amount, and 2. Variances for the front setback to the house and side and rear setbacks for the proposed garage, in order to construct a detached two stall wood garage. At a public hearing on December 8, 1998, the Zoning Board of Appeals allowed the Applicant's parent's request for variances in order to construct a two stall garage at the same location (see copy). Subsequently, the Petitioners became aware of a discrepancy in the rear lot line of their property which resulted in the proposed garage being on the rear lot line with no setback. After much negotiating with the neighbors, the parties have agreed to a land swap which will provide the Applicants with 7.5 feet of setback to the rear of the garage. Desirable relief may be granted by the Zoning Board of Appeals without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning by-laws. The addition of the proposed two stall garage shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. q Zoning Bylaw Review Form F Town Of North Andover Building Department Tt v 27 Charles St. North Andover, MA. 01845 J ` Phone 978-688-8545 Fax 978-688-9542 Street:_ In I U_ Map/Lot: // r7 Applicant: �'o .n.., I i r r o Request: a 5;4 a5' �)s44c Date• i- i a - � �/ Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting e S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage e 5- 4 4 Insufficient Information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 5 3 Preexisting CBA 5 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height y S 4 Right Side insufficient 4 Insufficient information 5 Rear Insufficient Ll a cC. 1 Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting `t.e S 1 Not in Watershed Li,e S 4 insufficient Information 2 In Watershed j Sign N/a- 3 Lot prior to 10/24194 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient information -1-1 insufficient Information E Historic District K Parking N A 1 In District review required 1 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. item # Special Permits Planning Board Item# IVariance Site Plan Review Special Permit - Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA ,-Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming `r'atershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review 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 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 plans and documentation for the above file.You must file a new permit application form and begin the permitting process. Bluilding Department Official Signa* Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: ji Ww��� Ae f i o2 v A-2 IYI A� P N a-n a y Q ra -D e C ,- m S X.L Referred To: Fire Health Police zoning Board Conservation Department of Public Works Plan in Historical Commission Other M.-""-ng Department Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part'Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject ProperW: MAP PARCEL Name Address 11 37 Joseph Pirrotta 17 Mablin Avenue No Andover, MA 01845 Abutters Properties MO Parcel Name Address 11 11 Dennis Moran 21 Jetwood Street No Andover, MA 01845 11 20 Peter J. Salemi 45 Mablin Avenue No Andover, MA 01845 11 24 Dann Nicolosi 16 Jetwood Street No Andover, MA 01845 11 25 Branco Realty Trust 78 Cross Street Andover, MA 01810 11 26 Charles Maniace 35 Mablin Avenue No Andover, MA 01845 11 30-0001 Raymond Wood 56 Jetwood Street U-1 No Andover, MA 01845 11 30-0002 Kam Hei 58 Jetwood Street U-2 No Andover, MA 01845 11 31 Wendy Reed 50 Jetwood Street No Andover, MA 01845 11 32 Howaniec One Trust 38 Mablin Avenue No Andover, MA 01845 11 33 Santina Failla 29 Mablin Avenue No Andover, MA 01845 11 34 James Norwood •241 Mass Ave No Andover, MA 01845 11 36 Jessie Furneaux 333 Waverley Road No Andover, MA 01845 11 38 Bellia Realty Trust 30 Mablin Avenue No Andover,MA 01845 11 39 John Routhier 43 Jetwood Street No Andover, MA 01845 11 40 Jamie Dixon 315 Greene Street No Andover, MA 01845 11 41 Jin Chang Kim 307 Greene Street No Andover, MA 01845 11 42 Marguerite Sarson 361 Waverley Road No Andover, MA 01845 11 43 David Shultis 14 Mablin Avenue No Andover, MA 01845 11 44 Annie Roberts 349 Waverley Road No Andover, MA 01845 11 45 Claire Grady 255 Mass Ave No Andover, MA 01845 11 47 Thomas Mendes 330 Waverley Road No Andover, MA 01845 11 49 Joseph Bishop 334 Waverley Road No Andover, MA 01845 11 50 Raymond Maclean 340-342 Waverley Rd No Andover, MA 01845 11 51 Robert Levy 344-346 Waverley Rd No Andover, MA 01845 11 52 Arthur Allen 369 Waverley Road No Andover, MA 01845 11 53 Mary Gennaro 354 Waverley Road No Andover, MA 01845 Date C40L*Asseo ate "//z Q Page ( of Z Bondover Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within_ three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town. Subject Prop MAP PARCEL _Name Address 11 37 Joseph Pirrotta 17 Mablin Avenue No Andover, MA 01845 Abutters PronerUes AW Parcel Name Address 11 55 Donna Morrissey 360 Waverley Road No Andover, MA 01845 11 56 Robert Dixon 315 Greene Street No Andover, MA 01845 11 57 Paula Hoyt 368 Waverley Road No Andover, MA 01845 11 61 Daniel Mees 339 Waverley Road Andover, MA 01810 11 63 Robert Hajjar 20 Mabtin Avenue No Andover, MA 01845 11 64 Satina Failla 29 Mablin Avenue No Andover, MA 01845 Date �7,1w Page Z of ified v Board fi As,ei . North And ver Jan 08 04 04: 37p JOHN G. PIRROTTA, CPA (978) 794-1731 p. 2 E-K 6964 Phi 2'60 QUITCLAIM DEED We, Joseph A. Pirrotta, Sr. and #,trace J. Pirrotta,both of 17 Mablin Avenue, North Andover, Massachusetts, for nominal consideration of less than One Hundred Dollars paid, grant to Joseph A. Pirrotta, Jr. of 3 Harry Street, Winslow,Maine, and Jahn G.Pirrotta, of 17 Mablin Avenue, North Andover, Essex County, Massachusetts, as Joint Tenants with right of survivorship, with QUITCLAIM COVENANTS The land in North Andover, Essex County, Massachusetts, being logs numbered two hundred two (202) and two hundred three(203) as shown on plan of"Waverly West Park" now recorded with North Essex District Registry of Deeds, as Plan No. 463, to which plan reference is hereby made for a more particular description,of said lots. Subject to all restrictions and conditions of record insofar as the same are still in force and effect. Reserving to Joseph A. Pirrotta, Sr. and Grace J. Pirrotta a life estate in the above premises during the remainder of their lifetimes, during whi.-h time, Joseph A. Pirrotta, Sr. and Grace J. Pirrotta shall have the right to occupy the premises, to lease, let or license the same, and shall be entitled to all rents, fees or profits generated from said life estate, but without the right to F partition. During the said Joseph A. Pirrotta, Sr.'s and Grace J. Pirrotta`s lives, they shall bear the.cost of all insurance, maintenance, fees, charges and expenses relating to the premises and they shall pay all taxes assessed or imposed with respect thereto,and all principal and -aterest on any mortgages thereon. Specifically excluded from the within conveyance i the grantees' right to petition the Court for partition of the subject premises as long as Joseph A.Pirrotta, Sr. and grace J. Pir.-Xta continue to occupy the property or retain a life estate therein. For Grantor's Title, see Deed of Salvatore Alaimo and Julia Alaimo dated July 16, 1965 and recorded with the Essex North.District Registry of Deeds in Book 1038,Page 448. JUL 2 IR i v Jan 08 04 04: 37p JOHN G. PIRROTTR, CPR (978) 794-1731 p. 3 BK bgb4 Pb Zb Ea .cuted as a sealed instniment this /0 day of July,2442. Wilt ess osep A.Pirrotta, r. 1Vitness Grace I Pirrotta COMMONWEALTH OF MASSACHUSETTS 6 Essex,ss. July A? 2442 Then personally appeared the above named Joseph A: Pirrotta, Sr. and Grace J. Pirrotta and acknowledged the foregoing instrument to be their fi=act and deed,before me, Notary Public My commission expires: ,f�� pORTM Of ° A ;()YCE BRA;,;NAW TOWN CLc;iK " NORTH Ah DOVER PY r 9R TOWN OF NORTH ANDOVER t; �o elgrsed frem as: date of dson iilcd MASSACHUSETTS r,tuzoutiwe SWappeal, ATTEST: JcycErA.Bradsraw �9 BOARD OF APPEALS ATrueCopy Town Clerk a461*1 1.11 'lb1,YrA Clerk Any appeal shall be filed within 1201 days after the NOTICE OF DECISION date of filing of this Notice Property: 17 Mablin Avenue ' In the Office of the Town Clerk. NAME: Joseph Pirrotta DATE: 12/9/98 ADDRESS: 17 Mablin Ave. PETITION: 047-98 North Andover, MA 01845 HEARING: 12/8198 The Board of Appeals held a regular meeting on Tuesday evening, December 8, 1998 upon the application of Joseph Pirrotta, 17 Mablin Ave., North Andover, MA, requesting a Variance from the requirements of Section 7, Paragraph 7.1 &7.3, of Table 2, within the R-4 Zoning district,for relief of front, side and rear setbacks', to construct a 2 car garage, on a pre-existing non-conforming lot. The following members were present: William J. Sullivan, Walter F. Soule, John Pallone, Scott Karpinski. The hearing was advertised in the Lawrence Tribune on 11/24/98&21/1/98 and all abutters were notified by regular mail. Upon a motion made by John Pallone and seconded by Scott Karpinski, the Board of Appeals voted to GRANT a Variance requested from the requirements of Section 7, Paragraph 7.1 &7.3 for relief of front setback from the house of 4.3 feet, relief of side setback from the proposed garage of 9.3 feet, relief of rear setback from the proposed garage of 12 feet, on the condition that there be no commercial use of the proposed garage and that the garage should be used for only light or minor automobile repair work and that there be allowed only electrical utilities, in accordance with the plan of land dated 9/17/98 as prepared by Stephen E. Stapinski, R.L.S., Registered Land Surveyor, Merrimack Engineering Services,66 Park St.,Andover, MA 01810. Voting in favor:William J. Sullivan, Wafter F. Soule, John Pallone, Scott Karpinski. The petitioner has satisfied the provision 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. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. BOARD OF AFAppeals S William J. Sullhairman Zoning Board o /decoct/11 i TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS p � NAME: - SSACHuE ADDRESS OF APPEAL: _ E Procedure & Requirements for an Application for a Variance Ten(10) copies of the following information must be r; submitted thirty (30)days prior to the first public hearing. STEP 6: SCHEDULING OF HEARING AND Failure to submit the required information within the � PREPARATION:Of LEGAL NOTICE; time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters)and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the supersede them. The petitioner will complete items Lost of the Party in Interest fee. that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the focal newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shalt decide on the matter by using the information it has otherwise receive. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision wifl be sent to all parties in interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17, within twenty (20)days certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Step 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's Lawrence AAAA,and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and Ib ward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev &Services 27 Charles Street, North Andover,MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department '*8 954f Zoningoard of Appeals Office f C PAGE 1 of 4 f € RCS r. F f i Page 2 of 4 Application for a VARIANCE w � _ Zoning Board of Appeals 1. Petitioner: Name, address and telephone number.- John G Pirrotta and Joseph A. Pirrotta, Jr. 17 Mablin Avenue, North Andover, MA 01845 978-794-0224 `The petitioner stall be entered on the bagel notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: John G. Pirrotta and Joseph A. Pirrotta, Jr. 17 Mablin Avenue North Andover MA 01845 Years Owned Land: _ 1.5 years 3. Location of Property: a. Street: 17 Mablin Avenue Zoning District R-4 b. Assessors: Map number l j Lot Number. 37 c. Registry of Deeds: Book Number 6964 Page Ntxnber: 260 4. Zoning Sections under wfich the petition for the Variance is nude. Section 7, Paragraph 7.3 (yard setback) and Table 2 of the Zoning By Laws 'Refer to itre Pere it Der„al and Zoning ey-taw Plan Review as suppled by the Bukg Commissioner 5. Describe the Variance request lica.nt seeks Variance in order to construct a two car detached garage within side and rear setback area. Also seeks a front setback variance for the Pre-exis ing, Non-conforming residence. he above descrilAlon stall be used blot the purpose of#W legal WhCe awd decision. A wane detailed despiptiow is required pursuwd to the Zoning Board Rules and Regulations as tired on page 4 of this application.Faire by Me a'picant to dearly descru�e a request result in a decision ttat does not address the btewt of the gV§cant. The dedsiow will be CNni1, ->m blue requu to a therly applicant and request not involve additional items not included abovewill 6a, Difference from Zoning By-Law requirements: 1pdicaibe the d1nmms ons that will nor meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage: Parking Minimum Lot set Back Sq. Ft_ Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. 500 ft -- -- % OK -- 4.3ft OK 7.7ft 22.5ft (House) (Garage) B. % I Page 3 of 4 Application for a VARI NCE Zoning.. Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Bade ` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear a 10.000ft -- -- % 100 -- 25.7 21ft 7.3ft 7.5 (House) (House) (Garage) c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking ~ Minimum Lot set Back~ Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear d. Required Lot: (As required by zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back~ Sq. Ft. a Sq.Ft. Coverage Few Spaces Front Side A Side B Rear 12,500ft -- -- % 100 -- 30ft __20ft 15ft 30ft 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building~ 'Reference Uses from#*Zoning By-law.State nWW of wltS:in bulkft, b. Proposed Buildings: Ground Floor Number of Total use of Square feet Floors Sq. feet Building' 500 1 500 Residential Garage 'Reference Uses trorrr the Zoning By-Law State rxrpnber of units in bum 8. Petitioner and Landowner signature(s): f FAY application fora Variance strap be made o f oris porn vrtKh is#*officio form of#*Zoning Board of APPS. Every awn be fd with i the Town Clerks Office. ft shall be the responsibility of the pe orner to furrish a suppolitlng doctnmtafion Wah Vjs appication. The dated copy of oris F application received by the Town Clerk or the Zoning Board of Appeals does root absolve the applicant from this respombdity The petitionershabe R mer tla responsible for all eocpenses for filing and legal nowiicatim. Failure to c:ompttr with app�on re*reme�,as In Zoning Board Rules and Regulations ay resin I of s appfication as irtcornpkite. F Si nature Type above name(S) here Nt2rza 1 i i e PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a I) Size of plan: Ten (10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x1T', preferred scale of 1"=40' detail all facts relied upon. When requesting a variance I1)One(1)Mylar. from the requirements of MGLA ch_ 40A, Sec. 10.4 and II1) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. Each point,A-F individually,is required Mylar. to be addressed with this application. *10 C. *Features To Be indicated On Plan: A. The particular use proposed for the land or 1) Site Orientation shall include: structure. 1- north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such Land or stru tmes especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do riot affect generally the zoning 5. abutters of property, within 300'radius district in which the property is located_ 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise, which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions In Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3_ Graphic Scales sought will be desires and without substantial 4. Date of Plain detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer or substantially derogating from the intent or purpose surveyor. ofthe Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisks(*). In some comes further information may 10. PLAN OF LAND be required Each application to the Zoning Board of Appeals shall be:accompanied by the following described plan. Plans 11.APPLICATHM FILING FEES must be submitted with this application to the Town A Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: `Town of North Andover- prior to the public hearing before the Zoning Board of #022-17604841"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. B. Mailing bels: Applicant shad provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1'x2-518" (3 copies Major projects are those, which involve one of the for the Legal marling and one copy for the Decision following whether existing or proposed: mailing)_ I)five or more parking spaces, C. Administrative fee of$50.00 per application_ II)three(3)or more dwelling units, ►► A Variance once granted by the ZBA will lapse III)2000 square feet of building area. in 1 (one)year if not exercised and a new petition Major Projects shall r must be subrifted.� 1 1 equine that in addition to the above � features, plans must shout detailed utilities, soils, and topographic information. i Zoning Bylaw Review Form " Town Of North Andover Building Department t 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: M Map/Lot: // r7 Applicant: ----J'o Request: . a".SXaS' ����c �� Gana � o� ,•�,s�, �i�v.�cPa� d%' Dater Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning 7- Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting e S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 ,e S 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building.Area 2LUseNot Allowed 1 Insufficient Area 3 Preexisting 2 Complies 4 Special Permit Required `�� S 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height y e 5 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient e S I Building Coverage 6 1 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage.Complies D Watershed 3 Coverage Preexisting 5 1 Not in Watershed Li r- 5 4 Insufficient Information 2 in Watershed ,j Sign A)"A- 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 A 1 In District review required 1 More Parking Required 2 Not in district -f^e--5 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # variance Site Plan Review Special Permit - Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Hei ht Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA ar a Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review 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 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 plans and documentation for the above file.You must file a new permit application form and begin the permitting process. Ge/ "� e 1--&-o Y uilding Department Official Signatufs>? Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: mf Oil �z. SCC 1-/© ti a r\a y-,c— A 5 W- 2 be q Q cy S c T� b L-e- Referred To: Fire Health Police Zonin Board Conservation De artment of Public Works Plan Historical Commission Otherr Buildin De artment MEMORANDUM The Applicants seek to obtain: 1. A Special Permit for a pre-existing, non-conforming structure, because their lot area is less than the required amount, and 2. Variances for the front setback to the house and side and rear setbacks for the proposed garage, in order to construct a detached two stall wood garage. At a public hearing on December 8, 1998, the Zoning Board of Appeals allowed the Applicant's parent's request for variances in order to construct a two stall garage at the same location (see copy). Subsequently,the Petitioners became aware of a discrepancy in the rear'lot line of their property which resulted in the proposed garage being on the rear lot line with no setback. After much negotiating with the neighbors, the parties have agreed to a land swap which will provide the Applicants with 7.5 feet of setback to the rear of the garage. Desirable relief may be granted by the Zoning Board of Appeals without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning by-laws. The addition of the proposed two stall garage shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. t4ORTH ?O� .�14 REL C.v E,: A JOYCE BRAD SHAW TOWN CLERK wROW. NORTH ANDOVER s^cNustt�y nr( r� 'qq TOWN OF NORTH ANDOVER i a is certliy th-^_t hient;,(^'1; y MASSACHUSETTS i ,o cursed frcrrr date of ds-.Won filad ithoul filing wappw. Date9 .AT 81`. Jcyc a Bradshaw BOARD OF APPEALS A nue Copy Town Cleric Q <W, 'lbivu tL'�:tsl Any appeal shall be filed within(201 days after the NOTICE OF DECISION date of filing of this Notice Property: 17 Mablin Avenue In the Office of the Town Clerk. NAME: Joseph Pirrotta DATE: 12/9/98 ADDRESS: 17 Mablin Ave. PETITION: 047-98 North Andover, MA 01845 HEARING: 12/8/98 The Board of Appeals held a regular meeting on Tuesday evening, December 8, 1998 upon the application of Joseph Pirrotta, 17 Mablin Ave., North Andover, MA, requesting a Variance from the requirements of Section 7, Paragraph 7.1 &7.3, of Table 2, within the R-4 Zoning district, for relief of front, side and rear setbacks, to construct a 2 car,garage, on a pre-existing non-conforming lot. The following members were present: William J. Sullivan, Walter F. Soule, John Pallone, Scott Karpinski. The hearing was advertised in the Lawrence Tribune on 11/24/98&21/1/98 and all abutters were notified by regular mail. Upon a motion made by John Pallone and seconded by Scott Karpinski, the Board of Appeals voted to GRANT a Variance requested from the requirements of Section 7, Paragraph 7.1 &7.3 for relief of front setback from the house of 4.3 feet, relief of side setback from the proposed garage of 9.3 feet, relief of rear-setback from the proposed garage of 12 feet, on the condition that there be no commercial use of the proposed garage and that the garage should be used for only light or minor automobile repair work and that there be allowed only electrical utilities, in accordance with the plan of land dated 9/17/98 as prepared by Stephen E. Stapinski, R.L.S., Registered Land Surveyor, Merrimack Engineering Services, 66 Park St.,Andover, MA 01810. Voting in favor:William J. Sullivan, Walter F. Soule, John Pallone, Scott Karpinski. The petitioner has satisfied the provision 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. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. BOARD OF AP S William J. Sulli an, Chairman Zoning Board o Appeals /decoct/11 Jan 08 04 04: 37p JOHN G. PIRROTTR, CPR (978) 794-1731 p. 2 Esti b964 PU 2260 �k QUITCLAIM DEED 'We, Joseph A. Pirrotta, Sr. and k-�'r ice J. Pirrotta, both of 17 Mablin Avenue, North Andover, Massachusetts, for nominal consideration of less than One Hundred Dollars paid, grant to Joseph A. Pirrotta,Jr. of 3 Harry Street, Winslow, Maine, and John G. Pirrotta, of 17 Mablin Avenue, North Andover, Essex County, Massachusetts, as Joint Tenants with right of survivorship, with QUITCLAIM COVENANTS The land in North Andover, Essex County, Massachusetts, being lots numbered two hundred two (202) and two hundred three (203) as shown on plan of"Waverly West Park" now recorded with North Essex District Registry of Deeds, as Plan No. 463, to which plan reference is hereby made for a more particular description of said lots. Subject to;all restrictions and conditions of record insofar as the same are still in force and effect. Reserving to Joseph A. Pirrotta, Sr. and Grace J. Pirrotta a life estate in the above premises during the remainder of their lifetimes, during which time, Joseph A. Pirrotta, Sr. and Grace J. Pirrotta shall have the right to occupy the premises, to lease, let or license the same, and shall be entitled to all rents, fees or profits generated from said life estate, but without the right to l partition. During the said Joseph A. Pirrotta, Sr.'s and Grace J. Pirrotta's lives, they shall bear the.cost of all insurance, maintenance, fees, charges and expenses relating to the premises and they shall pay all taxes assessed or imposed with respect thereto, and all principal and ..iterest on any mortgages thereon. Specifically excluded from the within conveyance i;; the grantees' right to petition the Court for partition of the subject premises as long as Joseph A. Pirrotta, Sr. and Grace J. Pir,'atta continue to occupy the property or retain a life estate therein. For Grantor's Title, see Deed of Salvatore Alaimo and Julia Alaimo dated July 16, 1965 and recorded with the Essex North.District Registry of Deeds in Book 1038,Page 448. JUL 102;4M ar4 01Q 4 Jan 09 04 04: 37p JOHN G. PIRROTTn, CPA (979) 794-1731 P. 3 BK bgb4 PU Zb� Ea cutcd as a sealed instrument this day of July, 2002. r-� Wit ess osep A.Pirrotta, r. ,�� - � W1tness Grace I Pirrotta COMMONWEALTH OF MASSACHUSETTS Essex,ss. July 2002 Then personally appeared the above named Joseph A. Pirrotta, Sr. and Grace I Pirrotta and acknowledged the foregoing instrument to be their free act and deed,before me, 61�— 1-?a " ..4 Notary Public My commission expires: Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT.• MGL 40A,Section 11 states in part'Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property MAP PAS Name Address 11 37 Joseph Pirrotta 17 Mablin Avenue No Andover,MA 01845 Abutters Properties Map Parcel Name Address 11 11 Dennis Moran 121 Jetwood Street No Andover,MA 01845 11 20 Peter J. Salemi 45 Mablin Avenue No Andover, MA 01845 11 24 Dann Nicolosi 16 Jetwood Street No Andover, MA 01845 11 25 Branco Realty Trust 78 Cross Street Andover,MA 01810 11 26 Charles Maniace 35 Mablin Avenue No Andover, MA 01845 11 30-0001 Raymond Wood 56 Jetwood Street U-1 No Andover, MA 01845 i 1 30-0002 Kam Hei 58 Jetwood Street U-2 No Andover, MA 01845 11 31 Wendy Reed 50 Jetwood Street No Andover, MA 01845 11 32 Howaniec One Trust 38 Mablin Avenue No Andover, MA 01845 11 33 Santina Failla 29 Mablin Avenue No Andover, MA 01845 11 34 James Norwood 241 Mass Ave No Andover, MA 01845 11 36 Jessie Furneaux 333 Waverley Road No Andover, MA 01845 11 38 Bellia Realty Trust 30 Mablin Avenue No Andover, MA 01845 11 39 John Routhier 43 Jetwood Street No Andover, MA 01845 11 40 Jamie Dixon 315 Greene Street No Andover, MA 01845 11 41 Jin Chang Kim 307 Greene Street No Andover, MA 01845 11 42 Marguerite Sarson 361 Waverley Road No Andover, MA 01845 11 43 David Shultis 14 Mablin Avenue No Andover, MA 01845 11 44 Annie Roberts 349 Waverley Road No Andover, MA 01845 11 45 Claire Grady 255 Mass Ave No Andover, MA 01845 11 47 Thomas Mendes 330 Waverley Road No Andover, MA 01845 11 49 Joseph Bishop 334 Waverley Road No Andover, MA 01845 11 50 Raymond Maclean 340-342 Waverley Rd No Andover, MA 01845 11 51 Robert Levy 344-346 Waverley Rd No Andover, MA 01845 11 52 Arthur Allen 369 Waverley Road No Andover, MA 01845 11 53 Mary Gennaro 354 Waverley Road No Andover, MA 01845 Date I 2( 0� date / O Page r of Z Board Asses o North Andover Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENTMGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within.: three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." 5AJect Proffer MAP PARCEL Name Address 11 37 Joseph Pirrotta 17 Mablin Avenue No Andover, MA 01845 Abutters Properties Map Parcel Name Address 11 55 Donna Morrissey 360 Waverley Road No Andover, MA 01845 11 56 Robert Dixon 315 Greene Street No Andover, MA 01845 11 57 Paula Hoyt 368 Waverley Road No Andover, MA 01845 11 61 Daniel Mees 339 Waverley Road Andover, MA 01810 11 63 Robert Hajjar 20 Mablin Avenue No Andover,MA 01845 11 64 Satina Failla 29 Mablin Avenue No Andover, MA 01845 Date VO Page Z of ified v Board f 4,Prorth And ver Town of North Andover of NORTH , Office of the Zoning Board of Appeals o 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 Legal Notice North Andover, Board of Appeals 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 10'h of February, 2004 at 7:30 PM to all parties interested in the appeal of John G.Pirrotta& Joseph A.Pirrotta, 17 Mablin Avenue requesting a Variance from Section 7, Paragraph 7.3 &Table 2 for side and rear setbacks; and a Special Permit from Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw in order to construct a two car detached garage on a pre-existing, non- conforming lot. The said premise affected is property with frontage on the North side of Mablin Avenue within the R-4 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 January 26, &February 2, 2004. C:�> �.e Legalnotice 2004-002 Ml IP37 CD-"J W Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover °f N°RTi, Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ioe ,,.� North Andover,Massachusetts 01.845 'ss,c„usEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 17 Mablin Avenue NAME: John G.Pirrotta&Joseph A.Pirrotta,Jr. HEARING(S): February 10,2004 ADDRESS: 17 Mablin Avenue PETITION: 200-002 North Andover,MA 01845 TYPING DATE: 2/12/04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,the 10`h of February 2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover upon the application of John G.Pirrotta&Joseph A.Pirrotta,Jr., 17 Mablin Avenue requesting a Variance from Section 7,Paragraph 7.3&Table 2 for side and rear setbacks;and a Special Permit from Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw in order to construct a two car detached garage on a pre-existing,non-conforming lot.The said premise affected is property with frontage on the North side of Mablin Avenue within the R-4 zoning district.The legal notice was published in the Eagle Tribune on January 26,&February 2,2004. The following members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard D.Byers. Upon a motion by Joseph D.LaGrasse and 2"d by John M.Pallone,the Board voted to GRANT a Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 22.5 from the rear setback and 22.7'from the Northeast side setback;and GRANT a Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to construct a proposed 2 car 1 story detached garage onto a pre-existing 25'x25'cement slab on a pre-existing,non-conforming lot per Plan of Land in North Andover,MA.drawn for John G and Joseph A Pirrotta,Jr.,and Daniel B.and Sarah B.Mees,December 18,2003 by Stephen E. Stapinski,R.L.S.#29876,Merrimack Engineering Services,66 Park Street,Andover,Massachusetts 01810; and Plan of Proposed Work,Mr.&Mrs.Joseph Pirrotta, 17 Mablin Ave. [by]Payette Construction Co., 1110 Methuen Street,Dracut,Massachusetts 01826[3 pages]on the following conditions: 1. The 2 car 1 story detached garage roof peak will be no higher from the ground than 19'. Voting in favor: Walter F. Soule,John M.Pallone,Joseph D.LaGrasse,and Joe E.Smith. Voting against: Ellen P. McIntyre. The Board finds that the applicants have provided the Board with the remedy,the signed statement of Daniel B.and Sarah B.Mees dated January 28,2004 for the land swap conveyance,for the 047-98 Variance decision granted 12/8/98 which depended on a mistaken rear lot line. The Board is now satisfied that the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw allowing the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw,and satisfy the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood,as stated in the applicant's in-favor form letters signed by seven abutters. Ty Page i of 2 , - > CD. 9? Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover °f NORTp Office of the Zoning Board of Appeals 3? °` ' ' '' FIS Community Development and Services Division 27 Charles Street °+.• — .�'' s no North Andover,Massachusetts 01845 'Ss�r, sEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 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 2004-002. M11P37. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 "THIS PLAN CONFORMS TO THE RULES �9 0 AND REGULATIONS OF THE REGISTRY OF DEEDS. MA jS. �O UE � SlTFE MA 3UN A to 5 N 6 12/18/0 �� AV .3 GREENE STEPHEN E. STAPINSKI, R.L.S. DATE 5 r S43057'00"E 63.90' ' �a N/F #339 FOR REGISTRY USE MEES z NOTES: LOT 61 'moo 0 0 o AREA BEFORE = AREA AFTER �O 0 M TRANSFER = 12,104 S.F. 1. ZONE IS RESIDENCE DIS TRIC T• R-4 Q Lo 2. PROPERTY LINES SHOWN ARE TAKEN IOT Y LOT FROM PLAN #2116 FILED AT E.N.D.R.D. Q.-• AREA TO BE CONVEYED AREA TO BE CONVEYED • TO MEES 263.5 S.F. TO PIRROTTA = 263.5 S.F. 0 J. SEE TOWN MAP 11, LOT #37 & J61 v, m S38`i3'S1"E 52.35'38"E S43'43'22"E EXISTING PROPERLY -� FOR THIS S1 TE. N F SAN TINA FAILLA 0 �- 47 701 S 99'_. - 32.74 w LINE TO BE REMOVED " o -. 51.400 5 82.3 4. SFE DEED BOOK #6964, PG. #260 (PIRROTTA) TM 11 x 38 1 E •31 2?� E S13' l 4 N 6 S5 i` AND BOOK #7219, PG. 1261 (MEES) TL 64 :; �- 48.0 52.64' E.N.D.R.D. FOR DEED REFERENCES LOT ZOZ & Z0� EXISTING N/F FOR THIS Sl TE. FD TN. AREA BEFORE = AREA AFTER ANNIE 5. EXISTING DWELLING LOCATION FROM AN U) TRANSFER = 8,498 S.F. ROBERTS ACTUAL FIELD SURVEY. ` w TM 11 a TL 44 6. OWNERS OF RECORD ARE. rn !! o A LOT 202 & 203 I o 0066 EXIST. o 0 29 --� * JOSEPH A. PIRROTTA, Jr. # h.. _.. ._. DW i ING o 000 #349 3 HARRY S TREE T z # `i WINSLOW, MAINE * JOHN G. P1RRO T TA — — 17 MABLIN STREET NORTH ANDOVER, MASS. 00 LOT 61 NSF 00 ' 151.63' * DANT B. MEES AND SARAH B. MEES PIRRO TTA , EL 149.20' RECORD 339 WA VERL Y ROAD NORTH ANDOVER, MASS. 100.00' _N43'57'00"�W MABLIN (40' WIDE PUBUC) AVENUE THIS PLAN DOES NOT REQUIRE APPROVAL UNDER TME SUBDIVISION CONTROL LAW PLAN OF LA_ND_ APPROVED NORTH ANDOVER IN N NORTH ANDOVER PLANNING BOARD ZONING BOARD OF APPEALS NORTH .ANDD VGR, MA. DRAWN FOR _ JOHN G. AND JOSEPH A. PIRROTTA JR AND OA TE DA TE DANIEL .f. AND SAS B. MEES k. -' DECEMBER 18, 2003 0 10 20 40 SCALE: 1'= 20' MERRIMACK ENGINEERING SERVICES v 66 PARK STREff AMNOWA M&SAEHUSET S 01810 , "THIS PLAN CONFORMS TO THE RULES AND REGULA TIONS OF THE REGISTRY v ,tea OF DEEDS. MA p �E y 511E OMA 3LIN Al t 12/18/03 av UENx EN _ S TEPHEN E. S YAPINSKI, R.L.S. OA TE 5� 0 S43'57'00"E 63.90' FOR REGIS TR Y USE T� i + N/F MESS #339 �(�► Z <oL NOTES'. LOT 61 j� 00 0 o AREA BEFORE = AREA AFTER o0 1. ZONE IS RESIDENCE DISTRICT.- R-4 d: TRANSFER = 12,104 S.F. 2. PROPERTY LINES SHOWN ARE TAKEN LOT Y LOT X FROM PLAN #2116 FILED AT E,N.D.R.D. c AREA TO BE CONVEYED AREA TO BE CONVEYED ZC7 TO MEES = 263.5 S.F. TO PIRROTTA = 263.5 S.F. J. SEE TOWN MAP 11, LOT 1137 & ,#61 rpt S38'13'51„E ,35y38'E 543'43'22"E EXISTING PROPERTY FOR THIS SI TE m !_ �' , S52 999_ 32,74' LINE TO BE REMOVED �o N/F SAN TINA FAILLA � 47.70 4. SEE DEED BOOK 6964, PG. 260 PIRRO T TA vcv 19 a . , N N 51.45'15"W °° 82.3 AND BOOK , 7219, PG. J261 (MEES) TL 64 �j r� 8.06 551'3 27 E S38'3'j E y'' . ._ `� ” 4 52.6 4' 1 E.N.D.R.D. FOR DEED REFERENCES FOR THIS SITE. LOT 202 & 203 EXISTING FD XISTINGFD TN. N/F AREA BEFORE = AREA AFTER ANNIE 5. EXISTING DWELLING LOCA TION FROM AN CJS TRANSFER = 8,498 S.F. ROBERTS ACTt1AL FIELD SURVEY. � �- � TM 11 w 6. OWNERS OF RECORD ARE. mQ TL 44 LOT 202 & 203 #29 �o � EXIST. o a JOSEPH A. PIRRO T TA, DWELLING a <3 ,_.._. __ Z #17 i- #349 3 HARRY STREET It WINSL0W, MAINE * JOHN G. PIRROTTA 17 MABLIN .S TREE T N NORTH ANDOVER, MASS. 00 LOT 61 N/F 000 PIRROTTA 151.63' * DANIEL B. MEES AND SARAH B. MEES �f 149.20' RECORD 339 WA VERL Y ROAD -IL NORTH ANDOVER, MASS. 100.00' N43'57'00"W MABLIN (40' WIDE PUBLIC) AVENUE THIS PLAN DOES NOT REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW APPROVED NORTH ANDOVER PLAOF LAND NORTH ANDOVER PLANNING BOARD ZONING BOARD OF APPEALS IN ` NORTH ANDD VER, MA. DRAWN FOR DA TE DA TE JOHN G. AND JOSEPH A. PIRR07 TA JR AND 4 DANIEL B. AND S A"l B. MEES o 0 DECEM8ER 18, 2003 10 20 40 SCALE: 1'= 20' lMERRIMAC)( ENGINEERING SERVIC& 66 PARK STREET AN,00VkA M"AC.HUSETTS 01810