HomeMy WebLinkAboutMiscellaneous - 24 ROSEDALE AVENUE Town of North Andover N°RTI, Office of the Zoning Board of Appeals r\ ` 4T eA o A Community Development and Services Division ti • 27 Charles Street r North Andover,Massachusetts 01.845 'ss^CNug�` 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 2003 date of filing of this notice in the office of the Town Clerk. Pro at: 24 Rosedale Avenue NAME: J.KJ.Realty Trust,David Mermelstein, HEARING(S): 9/9/03 Trustee,98 Main St.,North Andover,MA ADDRESS: 24 Rosedale Avenue PETITION: 2003-031 North Andover,MA 01845 TYPING DATE: 9/15/03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,the 9`''of September,2003 at 7:30 PM in the North Andover Middle School Auditorium,495 Main Street,North Andover upon the application of J.KJ.Realty Trust,David Mermelstein,Trustee,98 Main St.,North Andover,MA, for premises at 24 Rosedale Avenue,North Andover,MA requesting relief for a dimensional Variance under Section 7,Paragraphs 7.1 (Lot area)and 7.2(Street frontage)and Table 2;and a Special Permit from Section 9,Paragraph 9.1 &9.2 of the Zoning By-law in order-to raze an existing single family structure on a pre-existing,non-conforming lot and replace it with a new single family structure on a pre- existing,non-conforming lot. The said premise affected is property with frontage on the West side of Rosedale Avenue within the R-3 zoning district. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P. McIntyre,Joseph D.LaGrasse and Joe Edward Smith. Upon a motion by Walter F.Soule and 2°d by John M.Pallone,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.1 &9.2 of the Zoning Bylaw in order to raze an existing single-family structure on a pre-existing,non-conforming lot and replace it with a new single-family structure on a pre-existing,non- conforming lot per Plan of Land in North Andover,MA.Prepared for owner/applicant,Milton Long c/o David Mermelstein,JKJ Realty Trust,98 Main St.,North Andover,MA,Date:June 13,2003,Rev:August 12,2003 by Stephen E. Stapinski,R.L.S.#29876,Merrimack Engineering Services,66 Park Street,Andover, Massachusetts;and 24 Rosedale Ave North Andover,Ma.By Damar C.Design,Architectural Design& Building,98-100 Main Street,North Andover,MA 01845 Date:6-4-03. 1. The existing house will be razed and removed. 2. The existing garage will be razed and removed. 3. The old septic system on the Maplewood Avenue side will be removed and filled according to the Building Commissioner's instructions. Voting in favor: William J.Sullivan,Walter F. Soule,John M.Pallone,Joseph D.LaGrasse and Joe Edward Smith. Ellen P.McIntyre recused herself Upon a motion by Walter F.Soule and 2nd by John M.Pallone,the Board voted to allow the petitioner to WITHDRAW THE PETITION FOR THE VARIANCE WITHOUT PREJUDICE. Voting in favor of the withdrawal: William J. Sullivan,Walter F. Soule,John M.Pallone,Joseph D.LaGrasse,and Joe Edward Smith. Ellen P.McIntyre recused herself. Page 1 of 2 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 a N°oTM Office of the Zoning Board of Appeals ? Community Development and Services Division 27 Charles Street `"+.• .'i North Andover,Massachusetts 01845 CHU D. Robert Nieetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 The Board finds that the applicant has satisfied 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. 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, William I Sul livan,Chairman Decision 2003-031. M60CP45 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 Town of North Andover t NORTH Office of the Zoning Board of Appeals : • ' °°A community Development and Services Division « « k` 27 Charles Street . _ ---•.4�" North Andover,Massachusetts 01845 Roberticetta 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 North Andover Middle School, 495 Main Street,North Andover, MA on Tuesday the 9t'of September, 2003 at 7:30 PM to all parties interested in the appeal of J.K.J.Realty Trust, David Mermelstein, Trustee,98 Main St.,North Andover, MA, for premises at 24 Rosedale Avenue,North Andover, MA requesting relief for a dimensional Variance under Section 7, Paragraphs 7.1 (Lot area)and 7.2(Street frontage)and Table 2; and a Special Permit from Section 9, Paragraph 9.1 &9.2 of the Zoning By-law in order to raze an existing single family structure on a pre-existing,non-conforming lot and replace it with a new single family structure on a pre-existing,non-conforming lot. The said premise affected is property with frontage on the West side of Rosedale Avenue within the R-3 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 August 25 & September 1, 2003. Legalnotice 2003-031. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 k J TOWN OF NORTH ANDOVER - VA RIAN.Ci, 1 F (Jr fi0kS ZONING BOARD OF APPEALS v Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters) and incomplete. for publication in the newspaper. The petitioner is noted that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. items that STEP T: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY iN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completedby the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf,or be Petitioner completes an application form to petition the represented by an agent or attorney. in the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed• the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be r cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20) days k; Petitioner submits one (1) original of all the required after the decision is flied with the Town Cleric. 'k information and 10 xerox copies to the ZBA Secretary. ' The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. r copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence E p STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts,and shall complete the Certification of Once the petitioner submits ail© thei required Rec ordipg forth and forward.if to the n9 Zoni Board of information;the petitioner reque #othe Assors i0. aie;�lrlcl=tfie��iiltling E]epe[rtnOffice: Office a certified list of Parties in Interest-(abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: y I %7 �J 7& 7 23. >4 *The petitioner shag be entered on the bo rwtice and the decision as encored above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Years Owned Land: 1125 1'2- 3. 23. Location of Property: a. Street: 2A- 9-oeaz:,�LF_ &WE.- Zoning District R-� b. Assessors: Map number CxOc Lot Number. -Z-2- c. 2c. Registry of Deeds: Book Number 1&(04 Page Number 4. Zoning Sections under which the petition for the Variance is made. c=Fs 7\br4 �,... SE/-7 *Refer to the Pennd DenW and Zoning By-Law Ply►Renew as supplied by the Bufng commissioner 5. Describe the Variance request -1 t,, L-67 �S .?c\s71 r d-, 1-0-T W t-TCA -Doig 467 HM7 TO 'h°`�S OIL- gE:T The Move descdpdm shall be used for the pwpese of the legal nodce mW dedsmL A more dkaftd dis"Um is reqWred purmwd to the _'oning:Board,Redes and Regubdons as cNed on page4 of Ws appffcaffom FaRme by the to de */deme the re may ream b r dedshm that dopsoxit thkappffanvL Thesdrelsiar wlg be lmfted to#w request py I e app0 -'antl VM nof'rroive j ddWonai auris net inchrded Move. is Difference front Zoningq By-Law requirements: indicate the dimerfsiorts that will not meet current ' '(ming By-Law Requirements. (A and B are in the case of a tat split) of Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage FeetSpaces Front Side A Side B Rear< l ,AA U_. M i % ►U r--.LL �t 20 % LL$53 t-Afn�htc. C�5 a Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft, Coverage Feet Spaces Front Side A Side Rear 10,C) X94 lbs.-� 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 13141 11 96 CoQ 2 50 3O ZD 3d r t d. Required Lot: (As requiredby 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 8 Rear 2 30 2D 2..0 3 0 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* I 1 2� e2— -V SAN 1. i�l T �,O U 'Reference uses from the Zoning By-taw.State number of wAs in budging. b. Proposed Buildings: Ground Floor ' Number of Total Use of Square feet Floors Sq.feet Building• /ah11 �1 tea. C - 'Reference Uses from the Zoratg By,L=w. I"'fi 0 et brills kn`b`lrpdfng, k 8. Petitioner and Landowner signature=-(s) Every application for a Variance shag be made on Oft form wtffeh is the official form of the Zoning Board of Appeals. Every bion shag be feed wM the Town Cork's Office. It shall be the responsibly of the peter to famish all suppm g docurnerftfion with tiffs motion. The dated copy of Bois application received by the Town Clerk or the Zoning Board of Appeals does not absolve the appkmt from this respor►Wafty. The peikioner strap be I responsible for all expenses for filing and legal notification. Faikue tc comply with application ion requirements,as cited herein and in the Zoning Board Rules and Regulations may resuft in a dism' the 5Zrd of tiffsas imeompiete. .�.. 7 Si nature .JIType above name (s) here � 1'i PAGE 4 OF 4 VARIANCE x In xrff 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the re0rements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Lary all dimensionalirements � A. Site Orientation shalt include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district(s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of butidings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which resutts from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record,and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use.Elevation plans for minor projects including decks,sheds, &garages shall be 10. Pian of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must f, be submitted with this application to the Town Clerk's 11.APPLICATION FILING FEES Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant,is to send by the public hearing before the Zoning Board of Appeals. certified mail all 16 gal notices to all abutters,and: then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate j Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a}five or more parking parties in interest as identified in MGLA ch.4oA, - l spaces, b)`three or-more,-dwelling units,and sec. 11 as listed#a tete application. ZBA Secretary C)2000 sgva feet cst-j1 atbuiiding.area. will compute n . 4f slam p& piq Minor projects that are less than the above limits shall B. Applicant is to supone(Iij set of addressed require only the plan information as indicated with an labels of abutters,to ZBA$ecxetary,who will mail` asterisks ('). in some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Pian Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. + A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor, with a block for five (5)ZBA be submitted. signatures and date indicated on mylar. I AUTHORIZATION August 13, 2003 Town of North Andover Zoning Board of Appeals North Andover, MA 01845 RE: 24 Rosedale Avenue,North Andover HAND DELIVERED with Application 1, Milton E. Long,hereby authorize JK T REALTY Trust, David Mermelstein—trustee,to proceed with application for a special permit and variance before the North Andover Board of Appeals for the property located at 24 Rosedale Avenue,North Andover. Milton IL Long August 13, 2003 OVERVIEW TO: Town of North Andover Zoning Board of Appeals FROM: JKJ REALTY TRUST, David Mermeistein Trustee On behalf of Milton E. Long DATE: August 13,2003 RE: 24 Rosedale Avenue, North Andover 01845 Applicant seeks to obtain from the North Andover Zoning Board of Appeals a Special Permit pursuant to Section 9 for a non-conforming structure/lot and a Variance from Section 7 for Lot Area& Frontage. Applicant intends to demolish old non-conforming single family structure and construct a new single family residential structure which will be in compliance with all current zoning set backs. APPLICATION FOR VARIANCE TO: Town of North Andover Zoning Board of Appeals FROM: JKJ REALTY TRUST, David Mermelstein Trustee On behalf of Milton E. Long DATE: August 13, 2003 RE: 24 Rosedale Avenue, North Andover 01845 Application for Variance 5. Describe the Variance Request Applicant seeks a variance from Section 7 of the North Andover Zoning Bylaws— paragraph 7.1 (LOT AREA)and paragraph 7.2(STREET FRONTAGE)and Table#2 of the North Andover Zoning Bylaws. t ,,, Ej�' - B K 18 6 4 rI�y L ;k"! MA{GACHUORTTS QUITCLAIM DRRD•HORT FORM (INDIVIDUAL) 881p)j ��- g'F, - IIF FJ IIP g {{ P ;1 I, Ruth C. Long of North Andover, Essex Count}'.bfassachusetts, ' being tmma►Tird,for consideration paid,and in full consideration Of LESS THAN ONE HUNDRED E Is DOLLARS ($100.00) 29 Rosedale Ave. oofto Milton E. Long oYN&rth Andover, Massachusetts and Palmer J. Long f Martinsburg, West Virginia as Tenants in Common J I Ih { € with guttriatm rmrruaute )- Excepting and Reserving however a Life Estate to me, Ruth C. Long I�tj'I' t x. the land in. f �I 1 � IDy_� 3 q i tlCrIp1IOD r,nd eDcumbnDcsa,It»]I � F SSS Said North Andover, being lots numbered 112, 113, 1.14, 115, 116, 117, 118 on f A'lJii a plan of land known as "Klondike Park" originally recorded in the North District of Essex Registry of Deeds Book 231, Page 600.— Lt,. ` Being the same premises conveyed to myself and my late husband, Palmer Long, by deed of Rocco Longo dated July 31, 1945 and recorded in the North Essex N Registry of Deeds, Book 675, Page 496. The said Palmer Long died in North Andover, Massachusetts on May 1, 1972. For title received by Rocco Longo see deed of James T. Long dated September x° a) _ 19, 1912 and recorded in the North Essex Registry of Deeds, Book 322, Page 41 a a and deed of James T. Long, dated Augast 3, 1910 and recorded in the North Essex Registry of Deeds, Book 294, Page 481. No title search requested or performed. ill b * 1(I I �i2ures " MY hand and seal dw _ 7th ____day of September :19_84 i� .............................................. -:�..C.'.:az°z ..................•............... A , .................................................................. ......Ruth..��....o .............................................. I� i .......................................................................... ............................................................................ Ar I9omuraumra1t4 of Ma"arlluertis 1 ESSEX ss: September 7 1984 $'' 4 Thea personally appeared the above named. Ruth C. Long ` ' ) �V^l° 9 N lad admowledged.the foregoing mstmment to be her flea ad and deect.bi*;fore r�tS' K s.y , �'•E x ul � K � III ,�(� � ��• Notarv.P{tb�fC=t��6fcQit�eau t r' ��' Felicita hbnteiro 1. P;. DI)o°mmEuiDD a ptra 13 i .. '19 4 Recorded Se t.10 1 4 at 10:18AM #17310 3/21/84' 8 ec P . 98 �� ., I� IIIIIl1 I f I Irl ° - ii' :fir • a. ilP. 4�` F Ill�F t' i Town of North Andover, Zoning Board of Anneals Parties of Interest f Abutters Listing �t 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 opposite on any public or private street or 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, notwithstanding 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." Applicant's property,list by map, parcel,name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS 2-2- ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS c F47644f... 5!045 tel 14SW ITT ,�. 2 5� :WA, THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTHUD BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE OF .3 tutified*Asseorth Dade 31t 3/6-3 BoAndover Town of North Andover Zoning nen Board of Appeals — � DU Parties of Interest/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 opposite on any public or private street or 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, notwithstanding 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 Zity or town." Applicant's property,list by map,parcel,name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS Z2 24 w� ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS cobs- lro —LSF-?14 L-64koV kET ACpCo ���. � V La � MdA1.�Ie.IGUD A►v� THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE 4of PAGEOF��3 /0/ �Owtified Date �Boe r North Andover Town of North Andover Zoning Board of Apipeais Parties of Interest/Abutters Listing t 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 opposite on any public or private street or 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, notwithstanding 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." Applicant's property,list by map, parcel,name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS L*4 c-A ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS �..►Ar t� xtx�c�t.� fir- w Ax-Nut VL S� b1 , Z I Ht�'R. 4-7 L 2n 47 35 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY TRE ASSESSORS ONCE BY: DATE Cutil�db' I ATtTRE PAGE� OF� Outif Boar f Ass r rth Andover TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE r � � and REQUIREMENTS STEP 6: S JEOU IM9 OAI4I15Ak6YG AND f01' FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant fora 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. z 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. F 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 attomey. 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 Sha!! be After the hearing, a copy of the Board's decision will be completed. sent to all parties in interest. Any appeal 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 IN 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). 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 Stamp Application for a SPECIAL PERMIT vw North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: 1 �8 "b,-IT-4 S'C ' r4bo t1A k41>0N&Y2-- "Jtt 0154 rn, 45 7872, *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: M t a'j Years Owned Land: 3. Location of Property: a. Street:?.4 RoSFz�LF— Zoning District b. Assessors: Map number CoO C.Lot Number: 7—T 7 Registry of Deeds: Book Number Page Number: 7 4. By-Law Sections under which the petition for the Special Permit is made. I� *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request_:t I t NL% R-Er`J1GF.,., C4 cauxt4T � LS:A 0)0. t4QAALN BUL>r�cm *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 Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear I t % t ! �� ,101'1 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 :�116+ 3oe tot + G0i1t % C. Required Lot: (As required by Zoning By-Law) L&W 7.8 Vlf �► ���� 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 % , 2a 30 , 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of inits 122b 2.112. f *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: F I Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units ALAI *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 fumish 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 egulations may result in a dismissal by the Zoning Board of this application as incomplet+e.. ,� s Signa ure Type above name (s) here PAGE 4 OF 4 Application for a SPECIAL PERMIT 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 MGLA 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 ostreets identified and factually supported: Addressing each of the 4. wetlands to be shown on plan Cf applicable) below points individually is required with this application. ��� 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 1 50'from applicants proposed structure , The particular use proposed for the land or 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 8 outlined in red vehicles or ped 3. There will be pedestrians.nuisance or serious hazard to 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Plan the proper operation of the proposed use. . Title of Plan. the zoning by-law. 5. The use is in harmony with the purpose and intent of 55Names addresses and phone numbers of the 6. 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 Major Projects 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 Prole change in use. Elevation plans for minor Office and ZBA secretary at least thirty(30)days prior to projects including decks,sheds,8 garages shall be the public hearing before the Zoning Board of Appeals. included with a side view depicted on the plot plan, which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major projects are those which involve one of the following whether existing or proposed:a)five or more parking A. Notification Fees:Applicant is to send by certified spaces, b)three or more dwelling units, and mail all legal notices to all abutters, and then supplyproof of mailingto ZBA secretary. Applicant is c)2000 square feet of building area. to supply stems ry pp Minor projects that are less than the above limits shall pP y P (appropriate current postage)for require only the plan information as indicated with mailing of decisions to all parties of interest as e ,� identified in MGLA ch.40A in sec. 11 as listed on th asterisks ( ) In some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one(1)set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 Der 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. APPLICATION FOR SPECIAL PERMIT TO: Town of North Andover Zoning Board of Appeals FROM: JKJ REALTY TRUST, David Mermelstein Trustee On behalf of Milton E. Long DATE: August 13,2003 RE: 24 Rosedale Avenue, North Andover 01845 Application for Special Permit 4. By-Law Sections under which the petition for the Special Permit is made. Applicant seeks special permit pursuant to Section 9 Paragraph 9.1 and 9.2 of the North Andover Zoning Bylaws(NON-CONFORMING USES and ALTERATIONS or EXTENSIONS). 5. Describe the Special Permit Request. Applicant seeks to demolish existing old non-conforming residential structure and construct a new single family residential structure in conformity with all current zoning setback requirements. The parcel of land does not meet the current R-3 zoning requirements for area and frontage—the use will be in harmony with the general purpose and intent of the zoning bylaw. OVERVIEW TO: Town of North Andover Zoning Board of Appeals FROM: JKJ REALTY TRUST, David Mermelstein Trustee On behalf of Milton E. Long DATE: August 13, 2003 RE: 24 Rosedale Avenue, North Andover 01845 Applicant seeks to obtain from the North Andover Zoning Board of Appeals a Special Permit pursuant to Section 9 for a non-conforming structure/lot and a Variance from Section 7 for Lot Area& Frontage. Applicant intends to demolish old non-conforming single family structure and construct a new single family residential structure which will be in compliance with all current zoning set backs. AUTHORIZATION August 13, 2003 Town of North Andover Zoning Board of Appeals North Andover, MA 01845 RE: 24 Rosedale Avenue,North Andover HAND DELIVERED with Application I, Milton E. Long, hereby authorize JKJ REALTY Trust,David Mermelstein—trustee,to proceed with application for a special permit and variance before the North Andover Board of Appeals for the property located at 24 Rosedale Avenue,North Andover. Milton . Long i,//' August 13, 2003 €iI F �: r r� - � Will -` •`- - ��" ' B K 18 6 4 1 MA66ACNU69TT1 QUITCLAIM D[iD INORT FORM (INDIVIDUAL) Bar - I, Ruth C. Long 75 ' = of North Andover, Essex County,bfassachusetts, r k being smmxTied,for oaosideration paid,and in full consideration of LESS THAN ONE HUNDRED DOLLARS ($100.00) 29 Rosedale Ave. , grant to Milton E. Long oY 1`lorth Andover, Massachusetts and Palmer J. Long if r of,Martinsburg, West Virginia as Tenants in Common • With quttrIatm ranuna28 i Excepting and Reserving however a Life Estate to me, Ruth C. Long ( Iqt the land in [Dauiptlon and mcumbmacm If any] r Said North Andover, being lots numbered 112, 113, 114, 115, 116, 117, 118 on a plan of land (mown as "Klondike Park" originally recorded in the North. jitGl k; District of Essex Registry of Deeds Book 231, Page 600.— In, Being the same premises conveyed to myself and my late husband, Palmer Long, by deed of Rocco Longo dated July 31, 1945 and recorded in the North Essex s Registry of Deeds, Book 675, Page 496. The said Palmer Long died in North f Andover, Massachusetts on May 1, 1972. I�IMt� For title received by Rocco Longo see deed of James T. Long dated September 19, 1912 and recorded in the North Essex Registry ofDeeds, Book 322, Page 41 1 t�[�k��It,� " C and deed of James T. Long, dated August 3, 1910 and recorded in the North. Essex Registry of Deeds, Book 294, Page 481. t ! No title search requested or performed. t211rne my hand and seal chis _ 7th day of Se tember .19 84 ` ... .:rF.:•r••:!S� ................................... ....................................................................... I L.kI h' Y( •T Ruth C. Long .................................................................. ............................. ............................................. .......................................................................... ............................................................................ ,� 1IItis I'damawnmralif} r<t $isnsargllaeiis `� ���i�i��� ,' � '� :' 1�h I��1tY. ESSEX u September 7 1944 Thea personally appeared the above named. Ruth C. Long and acicnowledged the foregoing iastrtunent to be her from act and dl: b4bCf re i6i i SrC.C.GS.L,e_GL:.::✓T!G1.L.4.�?f.�,1� a�:r_ �i I1'ra} .'?F s Now?A b}ic=q�}y& 'enc' Feliciita Monteiro.. Recorded Se t.10 1984 at 10:18 '1 X17310 � � 3/21/84''�, :3 3 1 1954 �I P , 1-31;I u a i 1 I Town of North Andover, Zoning Board of Appeals Parties of Interest/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 opposite on any public or private street or 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, notwithstanding 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." Applicant's property,list by map, parcel,name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS - Cs�c.. ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS "'� `► .l 14SW ITT ,. Rb THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE l OF 3 Certified b Board 6f Asse ` orth Andover Town of North Andover, Zoning Board of Appeals Parties of Interest/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 opposite on any public or private street or 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, notwithstanding 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." Applicant's property,list by map, parcel, name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS �. 2 1.4 .. �. ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS JV--F_ 14 C.6�c v 1 AN o ORE! Mbj.',t CPO<. THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE IGN PAGE OF �--� Outified Date Board of Asse r North Andover Town of North Andover, Zoning Board of Anneals Parties of Interest/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 opposite on any public or private street or 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, notwithstanding 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." Applicant's property, list by map, parcel,name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS cvo C_ 22 1~r 2A ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS cpo� µ1,t2'(" � C� test a m « .`:�►t.,,, a.l „ '7 13"1 "ANA x LCG .I N4 F) COO C. 2-1 HA►I Q ' MI 23 _�� L a IL GN �' J 6 Z ? 12 i � THIS INF O RMA TIONA W S OBTAINED AT ASSESSORS ssoRs OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE I ATURE PAGE OF� CNtif b S/03 Boar f Ass r rth Andover