HomeMy WebLinkAboutMiscellaneous - 24 EAST WATER STREET Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street ' �► =�-• ' '`
North Andover, Massachusetts 01845 1as�crwgrt`
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 2001
date of filing of this notice
in the office of the Town Clerk. Property at: 24 East Water Street
NAME: Richard T. & Nancy C. Robinson DATE: 10/10/01
ADDRESS: 24 East Water Street PETITION: 023-2001
North Andover, MA 01845 HEARING: 9/18/01& 10/9/01
The North Andover Board of Appeals held a public hearing at its regular meeting on
Tuesday, February 13, 2001 at 7:30 PM upon the application of Richard T. & Nancy C.
Robinson,24 East Water Street, North Andover,MA 01845 as to allow for a Special
Permit from Section 9, Paragraph 9.1 &9.2 to allow for a proposed addition of a 3rd
dwelling unit with a 2 stall garage underneath, and to alter an existing deck on a pre- G2 CD
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existing non-conforming structure. am
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The following members were present: William J. Sullivan, Walter F. Soule, Raymonrt' x r-><
brn
Vivenzio, Robert Ford, George Earley, Ellen McIntyre and John Pallone. c:'`n,
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Upon a motion made by Raymond Vivenzio and 2°d by Walter F. Soule the Board vot
to GRANT the Special Permit to allow for the 3rd dwelling unit with a 2-stall garage ch
underneath as shown on pians dated July 26, 2001. In accordance with the Plan of Land
by: Scott L. Giles, P.L.S. #41713, Scott L. Giles&Frank S. Giles Surveying, 50
Deermeadow Road,No. Andover, MA 01845 dated: 7/26/01. Voting in favor:
WJS/WFS/RV/JP/RF
The Board finds that the applicant has satisfied the provisions of Section 9, Paragraphs
9.1 &9.2 of the zoning bylaw and that such change, extension or alteration shall not be
substantially more detrimental than the existing structure to the neighborhood.
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
n Board of Appeals,
s
i
William J. Sullivan
BOARD Or APPEALS 688-951 BL'ILDI vG 688-9545 CONSERVATION 688-9530 HEALTH 688 954t? PLANNING 688-9535
TOWN OF NORTH ANDOVER SPECIAL PERMIT
ZONING BOARD OF APPEALS
PROCEDURE
and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND
for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
a S® f'f L rDC ®917 the Applicant for a hearing date and prepares the legal
Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters) and
be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
prior to the first public hearing. Failure to submit cost of the Party in Interest fee.
the required information within the time periods
prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO
Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE:
The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office
requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal
Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication.
are underlined will be completed by the Town
STEP 1:ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING
The petitioner applies for a Building Permit and BOARD OF APPEALS:
receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be
Building Commissioner. represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner, the Board shall decide on the matter by using
Petitioner completes an application form to petition the the information it has otherwise received.
Board of Appeals for a Special Permit. All information STEP 9• DECISION:
as required in items 1 through and including 11 shall be After the hearing, a copy of the Board's decision will be
' completed.
sent to all parties in interest. Any appear of the Board's
Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts
Petitioner submits all of the required plan information as General Laws ch.40A sec. 17,within twenty(20)days
cited in item 10 page 4 of this form. after the decision is filed with the Town Clerk.
STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION
Petitioner submits one (1) original of all the required PLANS.
information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of
The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex
certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence
copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of
Appeals secretary. Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
STEP 5: LIST OF PARTIES 1N INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest(abutters),
4 &
IMPORTANT PHONE NUMBERS:
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
PAGE 2 OF 4 Date &Time -
StaCEIVED
JOYCE BRADSHAW gpplication for a SP-ECTAL PERMIT
TOWN CLERK
liQRTf ANDOVER
North ANDOVER ZONING BOARD OF APPEALS
1. Petitioner: Name, address and telephone number:
t
*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
ears under this ownership:
,c , cc -C- � oCq C �A,uSOP l��Lai� �8�-�
WAT4 SC IMA�ls 0-11
Years Owned Land: �L�
3. Location of Property:
a. Street: `�- 24;T� ` � zoning District
b. Assessors: Map number Lot Number: Tq
c. Registry of Deeds: Book Number 105 Page Number:
4. By-Law Sections under which the petition for the Special Permit is made.
i
I
*Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner.
5. Describe the Special ermit req st: !1iu tlIA(-A'%4-, i Tik
At
i�
`A cry ilT,AIA tk.ial.-re,rA-rio U of Au eXtS'11 NC .
"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 as cited on page 4 of this application.
Page 3 of 4
Application for a SPECIAL PERMIT
NORTH ANDOVER ZONING BOARD OF APPEALS
6.a Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
S Ft Sq. Ft. Coverage Fe t Sp es Front Side A Side B Rear
% IJA 5` �� Iris,s �,'�..5
k Bio
b. 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
%1'10 % ` t� (0
%
c. Required Lot: (As required by Zoning By-Law)
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
01 % IW 01 tSl �0f
7. a. Existing Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq,feet17
ing* of Units
*Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building.
B. Proposed Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet B .ding* of Units
1710
*Reference Use Code numbers and Uses from the Zoning Ordinance. 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 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 nses for filing a legal notification. Failure to comply with application requirements, as cited
herein and in th onin Board Rules ndRegulations may result in a dismissal by the Zoning Board of this application
as incomplete.
Si nature
Type above name W here
PAGE_4 OF 4 _ Application for a SPECIAL PERMIT_
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9. WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN:
detail all facts relied upon. This is required in the case A. Site Orientation shall include:
of a Special Permit when the following points, based on 1 North point
ch. 40A, sec. 9 of the North Andover Zoning By-Law 2, zoning district (s)
and P 9.2 Special Permit Granting Authority shall be clearly 3. names of streets
identified and factually supported: Addressing each of the
below points individually is required with this 4. wetlands to be shown on plan (if applicable)
application. 5. abutters of property,within 300 foot radius
6. location of buildings on adjacent properties within
1. The particular use proposed for the land or structure. 50'from applicants proposed structure
7. deed restrictions, easements
2. The specific site is an appropriate location for such B. Legend&Graphic Aids:
use, structure or condition. 1. Proposed features in solid lines&outlined in red
3. There will be no nuisance or serious hazard to 2. Existing features to be removed in dashed lines
vehicles or pedestrians. 3.
4. Adequate and appropriate facilities will be provided for Graphic Scales
the proper operation of the proposed use. 4. Date of Plan
5. The use is in harmonywith the u 5. Title of Plan
purpose and intent of
the zoning by-law. 6. Names addresses and phone numbers of the
S. Specific reference and response to the criteria applicant,owner of record, and designer orsurveyor.
required by the particular special permit for which this
application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS:
Permit respond to criteria and submittal MaProjects shall
requirements). 1 1 require that in addition to the above
features, plans must show detailed utilities, soils, and
10. Plan of Land topographic information. A set of building elevation and
Each application to the Zoning Board of Appeals shall be interior of building plans will be required when the
accompanied by the following described plan. Plans must application involves new construction/conversion and/or a
be submitted with this application to the Town Clerk's Proposed change in use. Elevation plans for minor
Office and ZBA secreta at least thin 30 da projects including decks, sheds,�garages shall be
secretary y{ )days prior to included with a side view depicted on the plot plan,
the public hearing before the Zoning Board of Appeals. which include a ground level elevation
10 A. Major Projects
11. APPLICATION FILING
Major projects are those which involve one of the following FEES
A
whether existing or proposed: a)five or more parking A. Notification Fees: Applicant is to send by certified
spaces, b)three or more dwelling unite, and malt all legal notices to all abutters, and then
c) 2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is
Minor projects that are less than the above limits shall to supply stamps(appropriate current postage)for
require only the plan information as indicated with mailing of decisions to all parties of interest as
identified in MGLA ch.40A in sec. 11 as listed on the
asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of
uir
req ed.
stamps.
B. Applicant is to supply one(t)set of addressed
10 B. Plan Spec cations: labels of abutters to ZBA Secretary who will main
a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest.
11"x17", preferred scale oft°=40' C. Administrative fee of$50.00 per application.
b) Plan prepared by a Registered Professional Engineer
and or land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse
signatures and date on mylar. in two (2)years if not exercised and a new petition
must be submitted.
Town of North Andover,Zoning Board of Appeals
APPLICANT'S PROPERTY: list by map,parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME IAD RESS
us00 :: I S-" (ATP-r ST
ABUTTERS PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME ADDRESS
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THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE
ASSESSOR'S OFFICE:
BY: DATE:
SIGNATURE,ASSESSOR, TOWN OF NORTH ANDOVER
Required list of parties of interest Page one of
Olrrifled byDate
Bo *AssesnsAndo er
TOWN OF NORTH ANDOVER
LIST OF PARTIES OF INTEREST: PAGE OF
SUBJECT PROPERTY
MAP PAR # NAME ADDRESS
ovizo N AST U ATA r C�7
ABUTTERS:
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CERT. BY :
DATE:
July 20, 2001
APPLICATION FOR SPECIAL PERMIT FOR
Richard T. Robinson and Nancy C. Robinson
24 East Water Street
North Andover, MA 01845
1. We are requesting permission to build an addition to our duplex as a family suite for
our parents, Vincent and Verana Carroll, They are in their 80's and have health
problems preventing them from maintaining their own home and require them to have
increased supervision and assistance from us.
2. Our neighborhood is zoned for multifamily homes and will not cause a decrease in the
value of the homes abutting ours. We will not require a zoning variance as our lot meets
the necessary side and back setbacks requirements to build the 24'by 30' addition
planned.
3. There will be no change in the use of the property that would cause a nuisance or
serious hazard to vehicles or pedestrians. The existing driveway will only be
elongated and enlarged to provide off street parking for the tenants now in the home
and parking for the new family suite.
4. The new addition will provide my parents with a three room apartment with a kitchen,
bathroom, and living room. There will be off street parking as mentioned above.
5. This purposed addition will blend well in our neighborhood of multifamily
dwellings as noted above. Our abutting neighbors have no reservations over
this project and have written letters in support.
6. This special permit is being requested under the By-law Sections 4.121 -paragraph 17
and Section 9-paragraph 9.2. We meet the criteria as we are building a family suite
for our parents that is less than 25% of the square footage of our home allowed under
the by-law. The addition is being added to our home on our lot which is non
conforming but has met all requirements and again be not more that the 25% of square
footage allowed under both by-laws. This addition will not lengthen the economic life
of the non-conforming as this is a family suite and as such no economical gains will
be made.
We are requesting this Special Permit firmly believing that we are meeting the
letter and intent of the By-Laws and our neighborhood and neighbors will not be
negatively impacted in any way.
cerely,
Richard and Nancy Robinson
CTS Na nr b'�q.�
}•a , • a� Zoning Bylaw Denial
Town Of North Andover Building Department
.1 ' 27 Charles St. North Andover, MA. 01845
Sa" Phone 978-688-9545 Fax 978-648-9542
Street: 14
Map/Lot: to p
Applicant: 1 C h d r + , q roc .. o
Request:
Date:
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-
9 Lot area Insufficient 1 Frontage Insufficient e S
2 Lot Area Preexisting 4a ca 2 Frontage Complies
3 Lot Area Complies `1 e 5 3 Preexisting frontage LA e-S
4 Insufficient Information 4 Insufficient information
B Use 5 No access over Frontage
1 Allowed
y e S G Contiguous Building Area ,v
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required `-1 e 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 e.S 2 Complies
3 Left Side Insufficientct e.S 3 Preexisting Height
4 Right Side insufficient 4 insufficient Information
5 Rear Insufficient l Building Coverage lA
6 Preexisting setbacks) e 3 1 Coverage exceeds maximum
—
7 Insufficient information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed ties 4 1 Insufficient Information
2 in Watershed j I Sign 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
1 In District review required 1 More Parking Required
2 Not in district e 2 Parking Complies
3 Insufficient Information 3 Insufficient Information He g
4 Pre-existing Parkin
Reined for the above is checked below.
Item # Special Permits Planning Board Item # I Variance
Site Plan Review Special Permit E-a43 Setback Variance
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common DrivewaySpecial Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing S ecial Permit Special Permit Non-Conformina 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 S ecial Permit Special Permit for Sion
R-6 Density Special Permit Special Permit reexistin nonconforming
Watershed S ecial 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
b thea '
6
. cant nor shall
Y P such '
P verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent
changes to the information submitted b theapplicant Y �P shall be grounds for this inview 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 building
permit application form and begin the permitting process.
'Building Department Official Signature Application Received Application Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application)
permit for the property indicated on the reverse side:
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S/P e-jr-!-t
c� v cl Cdr` rht vies
3—fier c /`
eSX/ti N- oti //�1/� /�uCYonY, �v .c
Acct
rti IV W eV A.9/0
�Y- i>�ILl+z/i�� r e7 d/yjt eS fie 7��P.
Referred To:
Fire Health
Police Zonin Board
Conservation De artment of Public Works
Planning Historical Commission
Other BUILDING DEPT
i t ,apRTly
x
r J0 REct -U
To jy� 4 9SHA
j} rnI r
,13
NORTH
ry�+�y-S��'-CNU7ANDOVER G"O( ��P" fT/�1���� V
OFFICE OF a� JL-1 Z /9
THE ZONENG BOARD OF APPEAL,
"'CHART RT--:S S 11 E-2'7
;CE-USIET-'-S 018
,FA:'�(978}683-954
Date:
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: T W AT2� '
TOWN: (\Jo -rk (6Mr, fn►�S�
NAME OF P ITI NER: WIVC,4
Signed:
1 ' $
petitioner (or petitioner's representative)
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 ranted without substantial detriment to the public good
Y
9 P
and without nullifying or substantially derogating from the intent or purpose of this Bylaw.
MI/variance
-?v Cf _ory _- 633 ?:-. B-._DC:GS CGiSER' -7:0N6"„-9.530 :6-) -0 6S 3