HomeMy WebLinkAboutMiscellaneous - 18 STONINGTON STREET MORTN Town of North Andover Town Clerk Time Stamp
Of "q�0
3:d' CWROW : ommunity Development and Services Divi ,
:r Office of the Zoning Board of App ?rlr 61
400 Osgood Street -
North Andover,Massachusetts 0181895 OCT 25 PM 4; 06
Gerald A. Brown Telephone (978)688-9541
Inspector of Buildings Fax (978)688-9542
NORTHMASS FL, T
k
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2005
of this notice in the office of the
Town Clerk,per Mass. Gen.L.ch.
40A, §17. Property at: 18 Stonington Street
NAME: Paul Gates HEARING: October 11,2005
ADDRESS: 18 Stonington Street PETITION: 2005-030
North Andover,MA 01845 TYPING DATE: October 19,2005
The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center,
120R Main Street,North Andover,MA on Tuesday,October 11,2005 at 7:30 PM upon the application of
Paul Gates,18 Stonington Street,North Andover,MA requesting a dimensionalVariance from Section 4,
Paragraph 4.122.14.c.3 and Section 8,Paragraph 8.1.7 of the Zoning Bylaw for relief of parking within 10'
of the lot line and unobstructed parking in order to add a third dwelling unit,and for a Special Permit from
Section 4,Paragraph 4.122.14.1,Section 10,Paragraphs 10.3&10.3 1,and Section 9,Paragraphs 9.1&9.2
of the Zoning Bylaw in order to convert an existing 2-family dwelling to a 3-family dwelling within a pre-
existing,non-conforming structure on a pre-existing,non-conforming lot. Said premises affected is
property with frontage on the Northeast side of Stonmgton Street within the R-4 zoning district. Legal
notices were sent to all names on the abutter's list and published in the Eagle-Tribune on September 26&
October 3,2005.
The following voting members were present: Joseph D.LaGrasse,Richard J.Byers,David R Webster,
Thomas D.Ippolito,and Richard M.Vaillancourt.
The following non-voting members were present: Ellen P.McIntyre and Daniel S.Braese.
Upon a motion by Richard J.Byers and 2nd by Daniel S.Braese,the Board voted to GRANT dimensional
Variance from Section 4,Paragraph 4.122.14.c.3 for relief of 5'from the east side lot line for parking and
from Section 8,Paragraph 8.1.7,stacked parking,in order to provide required parking for a third dwelling
unit;and upon a motion by Richard J.Byers and 2nd by Daniel S.Braese,the Board voted to GRANT a
Special Permit from Section 4,Paragraph 4.122.14.1,Section 10,Paragraphs 10.3&10.3 1,and Section 9,
Paragraphs 9.1&9.2 of the Zoning Bylaw in order to convert an existing 2-family dwelling to a 3-family
dwelling within the footprint of a pre-existing,non-conforming structure on a pre-existing,non-conforming
lot per Plan of Land in North Andover,MA,No. 18 Stonington Street,Owner/Applicant:Paul Gates,
Special Permit—Variance 2 Family—3 Family,Date: September 2,2005[by]James W.Bougioukas,
R.L.S.#9529,Bradford Engineering Co.,3 Washington Sq.,Haverhill,MA.01830;and Renovations to; 18
Stonington Street,North Andover,MA,Two Family to Three Family Dwelling,Date:August 8,2005,
sheets A-1 to A-6[by]J.Michael Sullivan,Registered Architect#8756,J.Michael Sullivan,A.I.A., 10 Lee
Street, Salem Ma 01970. With the following conditions:
1. The west side driveway shall be forty feet(401)in length.
2. The applicant shall provide a revised Mylar including the 40'long west side driveway.
3. A Fire Suppression system shall be installed throughout the entire structure.
Voting in favor: Joseph D.LaGrasse,Richard J.Byers,David R.Webster,Thomas D.Ippolito and
Richard M. Vaillancourt.
Page 1 of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Hean 978-688-9540 Planning 978-688-9535
Town of North Andover Town Clerk Time Stamp
Community Development and Services Division
.' Office of the Zoning Board of Appeals
400 Osgood Street
�swc"usEt
North Andover,Massachusetts 01845
Gerald A. Brown Telephone (978)688-9541
Inspector of Buildings Fax (978)688-9542
The Board finds that the applicant could comply with the requirements of 4.122.14.c.3 and 8.1.7 by
removing a mature Red Maple tree,removing the existing grassed yard,and extending the existing
impervious surface. The Board finds owing to circumstances relating to soil conditions,a mature Red
Maple tree,especially affecting this lot but not affecting the zoning district in general,a literal enforcement
of the provisions of this Bylaw will involve substantial hardship,financial or otherwise in the removal of
the mature tree to the petitioner. The Board finds that removing the tree would eliminate a natural buffer
between the parking area and the rear and west side abutters and cause conflict with 4.122.14.Liv,
preserving established, mature vegetation. Desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the intent or purpose of these
sections of the North Andover Zoning Bylaw because the proposed parking arrangement is substantially the
same as other Stonington Street lots. Also,the Board finds that the applicant has satisfied the conditions of
a Special Permit from 4.122.14.1 in that the third unit will have negligible impact on the neighborhood,will
provide an additional modest-sized housing unit,and the proposal preserves the existing late 19`s century
structure,Red Maple tree,and grassed yard,which are consistent with the existing late 191'century
neighborhood. The Board finds that the applicant has satisfied the conditions of 10.31 in that 18
Stonington Street is an appropriate location for a three-family unit and a third unit will not adversely affect
the neighborhood of single,two,and multi-family units because the third unit shall be constructed within
the footprint of the existing 1887 structure. The Board finds that there will be no nuisance or serious
hazard to vehicles or pedestrians from the proposed dormer,exterior enclosed stairway or stacked parking,
that the applicant shall provide adequate and appropriate facilities for the proper operation of the proposed
use. The Board finds that the third unit is in harmony with the general purpose and intent of 4.122.14.1,
and that this extension shall not be substantially more detrimental than the existing structure to the
neighborhood.
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 building codes and regulations,prior to the issuance of a building permit as required by
the Building Commissioner.
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,
Ellen P.McIntyre,Chair
Decision 2005-030.
M19P49.
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
eOFiH Town of North Andover - Tom Clerk Time Stam
p
Community Development and Services Division
RECEIVED
Office of the Zoning Board of Appeals ,
sS'CHUSE 400 Osgood Street
Raymond Santilli, North Andover,Massachusetts 01845 2005 SES' 22 AM 9: 23
Interim Communitv Telephone (978)688-9541
Development Director Fax (978)688-9542 TOWN OF
NORTH AND0 K
:MASSACHUS T
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday'
the 11 th of October, 2005 at 7:30 PM to all parties interested in the appeal of Paul Gates,
18 Stonington Street,North Andover, MA requesting a dimensional Variance from
Section 4, Paragraph 4.122.14.c.3 and Section 8, Paragraph 8.1.7 of the Zoning Bylaw for
relief of parking within 10' of the lot line and unobstructed parking in order to add a third
dwelling unit, and for a Special Permit from Section 4,Paragraph 4.122.14.1, Section 10,
Paragraphs 10.3 & 10.31, and Section 9, Paragraphs 9.1 &9.2 of the Zoning Bylaw in
order to convert an existing 2-family dwelling to a 3-family dwelling within a pre-
existing, non-conforming structure on a pre-existing, non-conforming lot..
Said premises affected is property with frontage on the Northeast side of Stonington
Street within the R-4 zoning district.
Plans are available for review at the office of the Building Department,400 Osgood
Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM.
By order of the Board of Appeals
Ellen P.McIntyre, Chair
Published in the Eagle-Tribune on September 26 &October 3, 2005.
Legalnotice 2005-030.
M 19P49.
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
P' 13 05 10. 00a NORTH ANDOVER 9786889542 p. 3
MAGE 2 OF 4 Date &Time
Stamp
If
North ANDOVER ZONING BOARD OF APPEALS application for-a SPECIAL PERMIT
Please complete all items 1 -10 below:
1. Petitioner: *Name, *Address and telephone number:
Paul Gates 18 Stonington Street, No. Andover, MA 01845 508 878 2426
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number and number of years under this
ownership:
Paul Gates - see attached Exhibit
Years Owned Land: 1
3. Location of Property:
a. Street: 18 stonington street Zoning District: R-4
b. Assessors: Map Number 19 Lot Number: 49
c. Registry of Deeds: Book Number 9328 Page Number: 2
4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made.
Section 4.122 (14.1) (additional dwelling unit in existing 2-family house)
Section 9.1 and 9.2 (extension of non-conforming use and structure)
(Sections 10.3 and 10.31 - Special Permits)
Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
The Applicant requests a Special Permit to convert an existing 2-family dwelling to
' a 3-family dwelling with associated off street parking. The existing dweliinq contains
a large 2-story apartment which is proposed to be reconfigured into {11 2=bedroom
apartment and (1) 1-bedroom apartment The proposed construction will _include the
addition of a dormer and enclosed porches. There shall be no increase in the interior
living space. Parking as required by the Bylaw shall be provided as shown on P1an .B.
The above description shall 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 a�itedion
eft C�
page 4, section 9 of this application. Xz cft
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09/13/0 TUE 10: 0 [TX/RX \0 79581
Sep 13 05 10: 00a NORTH ANDOVER 9786889542 p. 4
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL. PERMIT
6A. Existing Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
8,500 6,705 11.1 % 85 4 12.9 15.1 34.6 22.4
6B. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
8,500 N/A N/A % 85 6 12.9 15.1 34.6 22.4
%
6C. Required Lot: (As required by Zoning Bylaws&Table 2))
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
12,500 N/A N/A % 100 6 30 15 15 30
7A. Existing Building(s):
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building* of Units**
1443 3 3625 Residential 2-Family 2
3
*Reference Uses from the Zoning Bylaws&Table 1,
**State number of units in building.
713. Proposed Building(s):
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building* of Units**
1443 3625 Residential Multi-Family 3
*Reference Uses from the Zoning Bylaws&Table 1.
*`State number of units in building.
8. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every
application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by the Zonrn B t 's plication as incomplete.
Signature
Type above name(s) here Paul Gates
09 '13/05 TI'E 10:50 [TX/RX \0 7958)
Sep 14 05 02: 44p NORTH ANDOVER 9786889542 p. 4
PAGE 2OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E
Please complete all items 1 -10 below:
1. Petitioner: *Name, *Address and telephone number:
Paul Gates 18 Stonington Street, No Andover MA 01845 gi08 07Q 2426
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
Paul Gates - see attached Exhibit
Years Owned Land: 1
3. Location of Property:
a. Street: _ 18 Stonington Street Zoning District: R-4
b. Assessors: Map number: 19 Lot Number: 49
c. Registry of Deeds: Book Number: 9328 Page Number: 2
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
Section 4.122 (14) (c) (3) (garking 3jithin 10 fPat of int final _
Section 8.1(7) (unobstructed Parking) --
"Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building commissioner.
5. Describe the Variance request:
The applicant requests a variance from the design standards and setbacks of the Bylaw.
In order to conform to the design standards the removal of mature trees
and vegetation will occur. Due to the unique configuration of the lot a substantial
hardshi will arise as, a regull of the 1* 1 pr�orlcem�ent P f the B�law.*
The above descriptionha(t be used for the aurpose of the legal notice an ec s on. more escn on s required pursuant to e
Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly
may result in a decision that does not address the intent of the applicant The decision will be limited to the request by the applicant and w(II
not involve additional items not included above.
** The applicant proposes to provide 6 parking spaces as required by sec. 4.122(14) .
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet
current Zoning Bylaw Requirements. (Lines A and Bare in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. %
B. %
09/14/05 WED 15:33 [TX/RX NO 80101
Sep 14 05 02: 44p NORTH ANDOVER
9786889542 p. 5
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a-VARIAN C E
6 B. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
6 D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building" of Units"
"Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s).
7B. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building' of Units—
*Reference Uses from the Zoning Bylaw&Table 1.
"State number of units in building(s).
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 filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by t ni Board of this application as incomplete.
Signature:
Type above name(s) here: Paul Gates
09/14/05 WED 15:33 (TX/RX N0 80101
Zoning w Denial
' Town Of North Andover Building D%Arbnent
4W Osgood St North Andover,MA.01845 -
""j° Phone 17146U4M Fax M4111i4612
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U CAFES
Request rO N 4 ( bas¢//(,0 U N -
Date: 0 11yolr App
PNase be advised that after review of your Application and PWM nt M
DEM ED for the foNw**V Zoning Sylow reasons:
Zoning
Item Notes Ilan Notes
A Lot Area F FronftW
1 Lot area InsuMdent 1 Frontap irMATA ant
2 Lot Area Proexh&V `t QS 2 F S
3 Lot Area CWnplift 3
4 Insufficient InIbm ltion 4 Irtsuffidertt Irrfmrndion
B We S No atxxas ower Frontage
1 Alkneed G Condquous BuNdIng Arum
2 Not Allowed 1 Irmdficiat Area
3 Use PreexWMW 2 COMPMS
4 Special Permit Required 3 Cf3A �S
6 Insufficient Information 4 Insufficient InfofrrletlOrt
C Setback H BuNdi g Hid
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient 2
3 Left Side Instdndent
4 11191t Side InsufficWt 4 insufficient IMonnstlon
6 Rear Insufficient I Building Coweraf�
6 Preexisting s 1 CANOXCOMM maximum
7 Insufficient Information 2 CovenW COMBOS
p Wa>,rslod 3 coverage Prse k&V +�5
1 Not in Watershed r 4 Insuffideentt Ird6nnabom
2 In Watershed J Sign
3 Lot prior to 10124194 1 Sign not allowed
4 Zona to be Detemtined 2
SW
6 Insufficient Information 3 losuf8dent InfotrUMM
E Historic DiaW" K Pam
1 in District review 1 More Parkino `e
2 Not in district 2
3 Insufficient Information 3 Insufficient Irlforrlatiort
4 1 Pre-exisUng
Reffledy for the above is clocked below.
Items 1 SpKW Permit PWmkjU Board saes variance
Site Plan Reviser ' Permit Setback ftlence
Access adw than Fmnbme Special Permit Periling VadW=
F Lot Special Perrdt Lot Arse Variance
Common onvemw SPOCW Permit HWoM Verinom
Pont Varisncs for
Continuing Can Rtdrernent Special Permit PMrilite 8oatd
1 Permit S Permit,
Use ZDA
Large F_dde Gordo Special Pemtft Earth Ranw►rel Permit Z13A
Planned District Special Permit Special Penrmit use not uged but Similar
Planned RasidentW Special Parma
R-8Pwmmkpace
� tlorl0olmfarrm
Watershed special Permit
The eboa MW@W and atbdrtd etplrrfbn d such b bntd on eU pmm ad Yttmneorm MOWSAtd. NO dtlYmmvt ntvirnr end
artdvice std bt hand an vwW a Il " by tbt t; - I nor the such verbal Ill- 11 by or wibeeq► 10
PvAde dt�Y&* d tin dme mown for DEMM. Ynommim mnidtedlmg YdarmrtiOnl.
b er Ydorarewm tuLeid by tbm applotst eld be pwsWs Irr lhls n111801011010"41"deF d tin
&A*g Dtpe tnwt.Tin■*W doasrmt Wed*MM PAtA w 11tm1e W ehd be aeedted hM b end imaarptwltd htraim
by nrerenoe. The t"rM drptnwtmt.mm toW d pose acid doatnwtdonm for the tbaw tis You mmm{nt fIs a ter butdng
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Budding Department Offiasi Signature Reowed Denied
if C---A oti—w.—kMrfrWW
PI Review NWr#Mvr
Thea��natlw is provided to flusher explain Ow nsmm for dwdat for the apokaftV
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9328 PS
MASSACHUSETTS QUITCLAIM DEED
I,Sudershan Chatterjee of 55 South Bradford St.,North Andover,Massachusetts 01845,for'
consideration paid,and in full consideration of FOUR HUNDRED SEVENTY THOUSAND AND
00/100 Dollars($470,000.00)grant to Paul Gates,Individually,of 40 Butman Street,Unit 2,Beverly,
Massachusetts 01915 with qrritdaim covenanb the following property in Essex County,Massachusetts.
The land with the buildings thereon situated on the fly side of Stonington Street in North
Andover,Essex County,and bounded as follows:
Beginning at a point on said side of said Stohington Street one hundred and eighty--five feet soutbwestecly
fi=n the southwest line of Maple Avenue theca running on said line of Said Stonington
Street eighty five feet to land of J.H. Stone, now or formerly; dmw turning at right angles to said
Stonington Street and running southeasday be land now or f+ormarly of J.S. Stone one huadied feet;
thence turning at right angles and running northeasterly by land now or formerly of J.H. Stone eighty five
feet; thence turning at right angles and running nocdrwesbexly by land now or formerly of J.H. Stone one
hundred feet to the point of beginning and containing 8,500 square feet.
Being the some premises conveyed to the heron named or(s) by deed recorded with Es c W- omb
District Registry of Deeds in Book 7858,Page 314. M
V
el o�
Witness my/our hand(s)and seal(s)this.dayo ��►� �q
0 CA
udarshan ChatterJee4.
i� .• i.'t Vii' O
� '' >.5 Ct*
f
COMMONWEALTH 4 `-
Essex,ss.
On this Pf' day of January,2005,before me,the umlersigned notary Public,personally
appeared Sudarshsn Chatterjee,proved to me through satisfactory evidence of identification,
which was/were[Mass.driver's licenses)or[ j to be the.person(s)whose
names)istare signed on the prccStng or attached document,and acknowledged to me that hdshdthaY
signed it vol ' y for its 0
jtdfpml)ose.
BARRY R RNEGM
NOTARY PlJHW
Notary Public- V IWASAMOFNABRACHUNIM
My Commission Expires: s,'oos
PROPERTY ADDRESS: 18 Strnnington Street North Andover,Massachusetts 01945
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
Subiect Property:
MAP PARCEL Name Address
19 49 Sudarshan Chatterjee 18 Stoninc North Andover,MA 01834
Abutters Properties Go Paul Gates
Map Parcel Name Address
20 1 Jose Silveria 31 Dudley Street,North Andover,MA 01845
20 2 James Sherlock 37 Dudley Street,North Andover,MA 01845
20 3 Kathleen Kirkpatrick 45 Third Street,North Andover,MA 01845
20 4 Karen Mulcahy 57 Third Street,North Andover,MA 01845
20 5 John Lyons 65 Third Street,North Andover,MA 01845
20 6 Todd Crane 149 Middlesex Street,North Andover,MA 01845
30 23 Marguerite Lafond 99 Maple Avenue,North Andover,MA 01845
30 21 Scott Nelson 33 Third Street,North Andover,MA 01845
30 22 William Laflamme 90 Maple Avenue,North Andover,MA 01845
30 30 Routhier Irrevocable Trust 88 Maple Avenue,North Andover,MA 01845
30 24 Roman Catholic Church North Andover,MA 01845
30 3194 Stanley Wojcik 94 Maple Avenue,North Andover,MA 01845
30 3196 Bonnie Kanner-Mascolo 96 Maple Avenue,North Andover,MA 01845
19 10-U56 Peter Otis 56 Maple Avenue,North Andover,MA 01845
19 10-U58 Richard D'elia 58 Maple Avenue,North Andover,MA 01845
19 11 Michael Flynn 66 Maple Avenue,North Andover,MA 01845
19 12-U1 Andrew Wright 70-72 Unit 1 Maple Avenue,North Andover,MA 01845
19 12-U2 Thomas Beasley 72 Maple Avenue,North Andover,MA 01845
19 12-U3 Carol Declercq 70-72 Unit 3 Maple Avenue,North Andover,MA 01845
19 34 Adams Realty Trust 125 Central Street,Concord,MA 01742
19 35 John Bransfield 55 Maple Avenue,North Andover,MA 01845
19 36 Sylvia Schofield 11 Mill Street,Manchester,MA 01944
19 37 Stewart Realty Trust 59 Bradstreet,North Andover,MA 01845
19 38 William Brooks 84 Second Strut,North Andover,MA 01845
19 39-U1 Sean Guertin 88 Second Street,North Andover,MA 01845
19 39-U2 Daniel Moriarty 90 Second Street,North Andover,MA 01845
19 40 Robert Dalton 96 Second Street,North Andover,MA 01845
19 62 Wanda Navarro 18 Moms Street,North Andover,MA 01845
19 41 Joseph Donofrio 28 Moms Street,North Andover,MA 01845
19 43 Benjamin Hom 47 Stonington Street,North Andover,MA 01845
19 56 John Cahill 37 Stonington Street,North Andover,MA 01845
19 63 Louis Luciano 33 Stonington Street,North Andover,MA 01845
19 44 Stonington Street RT 31 Stonington Street,North Andover,MA 01845
19 45 Stephen Savino 25 Stonington Street,North Andover,MA 01845
19 46 Robert Moeller 216 Foster Street,North Andover,MA 01845
19 47 13 Stonington Street TR 25 Stonington Street,North Andover,MA 01845
19 48 McEvoy 1996 Family TR 103 Farrwood Drive,North Andover,MA 01845
19 59 Arthur Dufresne 85 Maple Avenue,North Andover,MA 01845
19 54 Everett Woodhouse 9 Dudley Street,North Andover,MA 01845
19 61 Scott Hanley 21 Dudley Street,North Andover,MA 01845
19 53 Robert Kawash 25 Dudley Street,North Andover,MA 01845
19 50 Augustine McDonald P.O.Box 74,Melvin Village,NH 03850
19 51 Stonington RE Prop.LLC 16 Collidge Road,Andover,MA 01810
19 52 Veronica Reed 42 Stonington Street,North Andover,MA 01845
19 66 David Tillman 46 Stonington Street,North Andover,MA 01845
19 60-U14 Valerie Larossa 12 Stonington Street,North Andover,MA 01845
19 60-U12 Gina Wakelin 14 Stonington Street,North Andover,MA 01845
This cert -the names ap Baring on the
records >She ;Ass sso Office as of
ADDENDUM TO SPECIAL PERMIT AND VARIANCE-APPLICATION
PAUL GATES 18 STONINGTON STREET,NO. ANDOVER,MA
SPECIAL PERMIT
The Applicant proposes to reconfigure an existing 2-family dwelling to allow for its use
as a 3-unit multi-family dwelling. Except for the addition of a dormer and enclosed
stairway(which leads to an existing landing) as shown of the Plans, no increase in
interior floor area is proposed.
The proposed conversion is permitted by the Zoning Bylaw §4.122 (14, 4.1) subject to
certain conditions. The application satisfies each of the conditions as follows:
1. The Master Plan contemplates that the neighborhood shall be used and developed
for housing in a medium density. The addition of a third housing unit in the
building, as proposed, is consistent with the Master Plan and will have a
negligible impact on density while providing an additional available dwelling.
2. The proposal will provide for an additional housing unit in a neighborhood
specifically designated for housing.
3. The proposal substantially preserves and improves the existing late-19th century
building as well as a large shade tree and yard areas.
4. The parking configuration preserves a large shade trade and yard areas.
5. The applicant will satisfy all building, health and safety codes in connection with
the rehabilitation and improvement of the house.
According to the available records at the Assessor's Office,the lot was layed out and the
building was constructed in 1887 and predates the establishment of zoning in North
Andover. The lot size, frontage and rear setback do not conform to the present bylaw.
However,the house and lot are preexisting non-conforming under G.L. 40A §6 and
Section 9.2 of the Bylaw.
The Bylaw and Statute permit the alteration and extension of a nonconforming use and
building provided that the proposed work and use will not be substantially more
detrimental to the neighborhood than the existing structure and use. As described above,
Stonington Street is a neighborhood of medium density dwellings, including a mix of
single,two-family and multifamily dwellings. The addition of an additional apartment in
the building, the enclosed stairway and associated parking is consistent with the existing
development pattern and architectural design of the neighborhood. Because no
substantial exterior additions are proposed, the exterior of the building will remain
similar to the present conditions except for the exterior painting and other fagade
improvements already pursued by the applicant as of right.
The proposal is consistent with and authorized by the Zoning Bylaw pursuant to §4.122
and is in harmony with the purpose and intent of the Bylaw and Master Plan which
provides for medium density housing in this neighborhood.
VARIANCE
The applicant proposes to satisfy the parking requirements of the Zoning Bylaw by
providing parking as shown on the plan. The applicant could provide parking in a
configuration which would require the destruction of a very large shade tree,the existing
grassed yard area and the installation of paving throughout the lot. This needless
destruction of a mature tree would be required by the literal application of the Bylaw.
The long established Red Maple tree is a `soil condition' which is unique to the lot which
does not affect the neighborhood generally. A substantial financial hardship would arise
if the applicant were to be required to remove the tree,the stump and the related
regrading and paving. The removal of the tree and yard area would create an unnecessary
conflict with Bylaw §4.122 (14.1)(iv)which directs the applicant to attempt to preserve
established, mature vegetation. A hardship arises when the design standards conflict with
the parking standards of the bylaw.
The removal of the tree would have a detrimental impact not only on the property itself
but would also remove a valuable natural buffer between the parking area and the
neighboring properties. The installation of impervious surfaces for parking,by contrast,
will increase runoff and heat and will likely be perceived by the neighbors as more
detrimental than the proposed parking arrangement.
The requested relief can be granted without derogation from the intent and purpose of the
Bylaw and without substantial detrimental impact to the public good. The proposed relief
would result in a parking arrangement which is substantially the same as the parking
arrangements already established as a `de facto' design standard in the neighborhood.
The parking arrangement will not cause undue traffic congestion or delay nor will it
result in an unsightly arrangement of vehicles.
SUMMARY
Request is made that the Zoning Board grant such relief, including but not limited to:
1. a special permit pursuant to §4.122 to permit the creation of a third dwelling unit
2. finding pursuant to §9.2 that the extension of the nonconforming building on a
nonconforming lot will not be substantially more detrimental to the neighborhood
than the existing building and lot and
3. the variances from Section 8.1 -the design standards for parking—to permit
parking in the configuration proposed on Applicant's plan.
all of which are required to authorize the construction,use and occupancy of the building
as proposed in this Application.
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