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HomeMy WebLinkAboutMiscellaneous - 27 HEWITT AVENUE TOWN OF NORTH ANDOVER VARIAI :I.F-.�1K , 03FIVE ZONING BOARD OF APPEALS 2006 MAY 10 FM 1: SO NAME: ADDRESS OF APPEAL: ;;,jT,yq Aeric Time Stamp 131 Ati'[rV I M ASSACI a s r r Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the ` periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Board of an application as incomplete. for mailing to the parties in interest(abutters)and for The information herein is an abstract of more publication in the newspaper. The petitioner is notified specific requirements listed in the Zoning Board that the legal notice has been prepared and the cost of Rules and Regulations and is not meant to the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO r that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office of STEP 1: ADMINISTRATOR PERMIT DENIAL: the Zoning Board of Appeals and delivers the legal notice The petitioner applies for a Building Permit and receivers to the local newspaper for publication. a Zoning Bylaw Denial form completed by 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 petition, the Board shall decide on the matter by using completed. the information it has received to date. 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 cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A 17, within twenty(20)days after STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:. § The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10• RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1)original and ten (10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time and Common St., Lawrence MA, and shall complete the date of filing. The original will be left at the Town Clerk's Certification of Recording form and forward it to the Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals and to the Building Department. Zoning Board of Appeals secretary. .. ........ ... IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. &Services 120 Main Street 400 Osgood Street, North Andover,MA 978-688-9501 Town Clerk's Office 01845 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department PAGE 1 of 4 978-688-9541 Zoning Board of Appeals Office PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Plass compis0 ail Itufis I-Ifbdoyr. 1. Petitioner: *Name, *Address and telephone number: *The petitioner shall be entered on the legal notice and the decision as entered above. { i 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: w r v���iJ �" IS - l i o c4-�-- P-y\do 1. vy)�- D 1 C-Y S` Years Owned Land: (© `jam 3. Location of Property: a. Street: 7 4 e"3 Y�VIQ- Zoning District: l� b. Assessors: Map number: o C Lot Number: (o c. Registry of Deeds: Book Number: 1-1 1 d& Page Number: LIj 4. Zoning Bylaw Section(sr under which the petition for the Variance is made. (� S '�(_'�- \D✓\ �- - � l v...�r��^i n�G.� C''C' �u 1 rP ln..-P ✓l'>� O� 7 �►�Ol *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. S. Describe the Variance request: 10 The above description shall be used for the purpose of tiw Ispat notice and decision. A more detailed description Is required pursuant to the Zoning Hoard Rules and Regulations as cited on papa 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address tis intent of the applicant. The decision will be limited to the request the applicant a will n'e4 tel► ppl caM nd n not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are 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 B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC 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 7L[ &3�i 7 ►o 21 -3 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 � C? ta2S P,C) o�C3J0 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units"* TGA _ _��--- X3'9 157,3(o �FStc �y\'4 164 _ *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"* 14 Ll 3 4 I *Reference Uses from the Zoning Bylaw&Table 1. ° "State number of units in building(s). t 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 tate Zoning Board of this application as incomplete. Signature: Type above names here: w � Q CAe,- k PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION •10. B.*Plan Specifications: Application for a Variance must be supported by a A size of plan: Ten (10 ) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance bn One(1)Mylar. from the requirements of MGLA ch.40A, Sec. 10.4 and up Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5) ZBA signatures and date indicated on the supported. All points,A-F,are required to be Mylar. addressed with this application. '10 C. 'Features To Be Indicated On Plan: A. The particular use proposed for the land or 1) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50' from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions 10 Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Fads relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Dale of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief S. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or recons, and designer of substantially derogating from the intent or purpose surveyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minot per,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an.asterisk(*). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans 1 must be submitted with this application to the Town 11.A. Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1780-4841"for the cost of first class, certified, i appeals. return receipt($4.42 as of November 2003) x#of all parties in interest identified in MGW ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 370)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.B. Meiling labels: Applicant shall provide four(4) -Major projects are those, which involve one of the sets of mailing labels no larger than 1"x2-5/80 (3 copies following whether existing or proposed: for the Legal, and one copy for the Decision mailing). 1) five (5) or more parking spaces, 11.C. See 2005 Revised Fee Schedule. 11)three (3)or more dwelling units, 111)2,000 square feet of building area. t A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 108 8 1 (one)year if not exercised and a new petition must 10C features,that the plans show detailed utilities, soils, be submitted.4 and topographic information. ) NORT#1 of �" Project: Town Of North Andover Building Department p 400 Osgood Street * ° '� 27 Hewitt Avenue y' "" ' Map'60.C,Parcel 46 978-688-9545 „ ,S ' s S�cHusE Zoning District R-3 APPLICANT Edward&Cheryl Gillen RE proposed garage&family_room above DATE:, April 20,2006 Title of Plans and Documents: Plan of LandLProposed Addition,&Building Permit Application Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Skin exceeds requirements X Violation of Setback Front Side X-Rear X Insufficient Lot Area Insufficient Parkin Violation of Building Coverage Insufficient Open Space Use re uirea permits prior to Building Permit Sign requires permits prior to Building Permit Form U not complete by other departments Not in conformance with Growth By-Law Other SEE EXPLAINATION BACK SIDE Remed for the above is checked below, X Dimensional Variance Special Permit for Watershed Review Special Permit for Site Plan Review Special Permit for sign Complete Form U sign-offs Copy of Recorded Variance X Information indicating Non-conforming status Copy of Recorded Special Permit Other Other Plan ReVIOW The plans and documentation submitted have the following inadequacies : 1.Information Is not provided,'2.Requires additional information, 3.Information requires more clarification 4. Information is incorrect. 5.All of the above. # # Foundation Plan Plumbing Plans Subsurface investi ation Certified Plot Plan with proposed structure Construction Plans 116 Affidavit Mechanical Plans and or details Plans Stamped by proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan Roofing Footing Plan Plans to scale Utilities Site Plan Water Supply_ Sewage Disposal Waste Disposal Other ADA and or ABBA requirements Administration The documentation submitted has the following inadequacies 1.Information Is not provided.2.Requires additional information. 3.Information requires more clarification.4. Information is incorrect.5.All of the above. # I I # Water Fee State Builders License Sewer Fee Workman's Compensation--- Building om ensationBuildin Permit Fee Homeowners Improvement Registration Building Permit Application Homeowners Exemption Form Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative”shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the4bo e file.You mustf le a new building permit application form an begin the permitting process. vr1/ D,h Building epartment Official Signature Applica'on Received Application Denied If Faxed Denial Sent Referral recommended: Health Fire Police X Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT cc: ZBA Revised 12.13.05 Form Denial Master I i Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: to( Rsyyapt 1• -T x e{� on r ;2 ZONING SECTION 7 - DEMENSIONAL REQUIREMENTS OF 7.3 AND TABLE 2 BY-LAW R-3 REQUIREMENTS: AREA-25,000 S.F., FRONTAGE 125 FEET, SETBACK REQUIREMENTS -FRONT- 30 FT, SIDE-20, REAR- 30 PROPERTY IS PRE-EXISTING NON-CONFORMING TO AREA, FRONTAGE,A E, LEFT SIDE&FRONT SETBACKS. A Variance from Section 7.3 &Table 2 of the Zoning Bylaw for the right side setback on the proposed addition is required from the Zoning Board of Appeals. A Special Permit from Section 9.2 of the Zoning Bylaw for the extension of a pre-existing, non-conforming structure on a pre-existing, non-conforming lot is required from the Zoning Board of Appeals. I I Written-Documentation- TO:. North.Andover Zonmg Board of Appeals. FROM; Edward.and Cheryl Gillen 27 Hewitt Avenue DATE: May 10, 2006 SUBJECT: Section 9-Variance Application-Points A-F A. Our particular variance request for the proposed use of adding a single stall garage with family room above. B. The particular circumstances of our lot relating to soil conditions are not interfering, changing or altering in any way with any other abutting property and will not alter soil conditions provided the Zoning variance is granted. The particular circumstance of our lot relating to shape is that our lot does not have enough room on any side to build without a variance of a setback requirement, We chose to put a single stall garage instead of two stall garage so that it would only be a 13 foot setback, so as not to disturb the abutters. This is only 7 feet less than the 20 feet required. The particular circumstance of our lot relating to topography is that there will be no change, in that no trees or stumps will be removed from said area.With this said, this will not affect the rest of the Zoning area. C. Due to the shape of our lot and the placement of our foundation,prior to the purchase of our property,placing the garage and family room would need a variance as well seeing that we only have 8 feet on the left of our house and 31 feet in the back of our house. D. Granting of this variance will allow a less cluttered appearance by allowing us to house a car and outdoor equipment in proposed garage, that wouldnormally been left outside. It also adds to more conformity to our neighborhood, whom all have garages. E, Approval of the proposed addition is desirable because it will not change the surrounding topography and will still be 13 feet from the abutting property allowing access to the rear of the house without interfering with abutting properties. It will add value to the house as well as value to our family as it will allow us to have family gatherings as our rooms now are too small and the new family room will give us a room of 16 feet by 28 feet to entertain. F.N/A Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listina REQUIREMENT: MGL 40A,Section 11 states in part"Paries in Interest as used in this chapter shall mean the petitioner. abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town," Subiect Property: MAP PARCEL Name Address 60.0 46 Edward&Cheryl Gillen 27 Hewitt Avenue North Andover,MA 01845 Abutters Properties Mau Parcel Name Address 59 41 Joanne Mermelstein 41 Chestnut Street North Andover,MA 01845 59 93 Edward Rogers 45 Chestnut Street North Andover,MA 01845 60.0 7 Robert Gartside 31 Longwood Avenue North Andover,MA 01845 60.0 28 Benjamin Hollins 75 Chestnut Street North Andover,MA 01845 60.0 29 Judith Brasseur 5 Longwood Avenue North Andover,MA 01845 60.0 31 Kevin&Colleen Hamel-Porter 12 Minute Avenue North Andover,MA 01845 60.0 39 Kevin Foley 52 Hewitt Avenue North Andover,MA 01845 60.0 40 William Canty 42 Hewitt Avenue North Andover,MA 01845 60.0 41 Nishit Oza 30 Hewitt Avenue North Andover,MA 01845 60.0 42 Judith Harridan 24 Hewitt Avenue North Andover,MA 01845 60.0 43 Frank Elander 67 Chestnut Street North Andover,MA 01845 60.0 44 Madeline Marie Hennelly 53 Chestnut Street North Andover,MA 01845 60.0 45 Kenneth Keen 21 Hewitt Avenue North Andover,MA 01845 60.0 47 Gary Ford 31 Hewitt Avenue North Andover,MA 01845 60.0 48 Sebastian Patane 39 Hewitt Avenue North Andover,MA 01$45 60.0 49 Robert Ryan 57 Hewitt Avenue North Andover,MA 01845 60.0 57 Ronald Moody 28 Hewitt Avenue North Andover,MA 01845 47 4 Breenmore Realty Trust 15 Lorraine Avenue North Andover,MA 01845 47 5 Donald Rokes 67 Hewitt Avenue North Andover,MA 01845 47 83 Vincent D'Alessandro 142 Berkeley Road North Andover,MA 01845 Date 3!17/2006 Page t of 1 This certifies that the names appearing On the records f the Assessors Office as Of Certified by: Date PLAN OF LAND IN LOCUS:NO SCALE NORTH ANDOVER, MASS. OWNED BY EDWARD S. AND CHERYL A. GILLEN �\�c SCALE. I"=20' DATE.'4/412006 tiFsT�� 4/1212006 LOCUS X T ST 0' 20' 40' g ui � Q THE ZONING DIST. IS R-3 Scott L. Giles R.P.L.S. w 125 FRONTAGE Frank. S. Giles R.P.L.S. w MINUTE 25, S.F.AREA 50 Deer Meadow Road = AVE. 30'FFRRONT SETBACK 20'SIDE SETBACK North Andover, Mass. 30'REAR SETBACK LOT#3 LO T#3 PLAN#12586 N.E.R.D. PLAN#12586 N.E.R.D. COSTELLO ROGERS 75.00' ASSESSORS MAP 60C PARCEL 47 LOTS 222,223,224 ARTONE PLAN 0360 N.E.R.D. t. 7925 S.F. Cl) ASSESSORS MAP 60C ASSESSORS MAP 60C PARCEL 46. PARCEL 45. KEEN EXISTT, GAR. 0 0 0 eEXIST112 STY P sPO E EXIST. HSE. a) g- E. DWELL. GARAGE o) FND. ND FAMILY DOM ABO, #21 13' HSE.#37 W N O .47 w 75.00' 273'+/--TO CHESTNUT ST. HEWETT AVE. THIS IS TO CERTIFY THAT 1 HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER BOARD OF APPEALS THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. 3 DATE OF FILING. 3972 +� GISTER�O DATE OF HEARING. 4L LAKO su DATE OF APPROVAL: ¢����Z060 r' TOWN OF NORTH ANDOVER SPECIAL PERMJT`, ; S OFFICE NAME ZONING BOARD OF APPEALS 2006 MAY 10 PM 1: 50 ADDRESS OF APPEAL d UaMFIJ4lime Stamp Procedure & Requirements for Ai, S_ an Application for a Special Permit Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. aetitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO- STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). -_ _ General Law ch. 40A sec. 17,within twenty(20)days after the decision is filed with the Town Cleric. STEP 5: SUBMIT APPLICATION: i Petitioner submits one (1) original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Cleric with the time and date the decision, Mylar, and any accompanying plans at the j of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common F Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department.. i IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for all Community Development offices 978-688-9545 Building Department 978-688-9501 Town Clerk's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessors Office PAGE 1 of 4 I PAGE Z OF 4 Date&Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: 3 1 a 7 "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: F'CyW Atr_ rQ ('V-,Q 4`4 ccq`7 Years Owned Land: (0 V-S 3. Location of Property: a. Street: ,Z'? �A e Zoning District 3 b. Assessors: Map number o C Lot Number:- q6 c. Registry of Deeds: Book Number tLL2 Page NumberaS(0 4. By-Law Sections under which the petition for the Special Permit is made. o'i Q PE-P :E rzc �+%�Q ,-;�r"_ *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: I "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. JJi 1 i i i J I Page 3of4 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 7125 635-2 k % 75 _ z T g 31 % 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 71LT ) 7 % 71S 02c 1-73 1 % 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) f Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback I Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear I s�7G� % ISS' �O0t� 3a 7A. Existing Building(s): k Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units*" es Ck *Reference Uses from the Zoning Bylaws&Table 1. "State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units" l 9 *Reference Uses from the Zoning Bylaws&Table 1. I **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 with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal byt a Zein and o h' application ag incomplete Si nature ' Type above name(s) here L caw PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Special Permit must be supported by a I) Size of plan: Ten (10 ) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special In One(1) Mylar. Permit from the requirements of MGLA ch. 40A, and the III) Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points, 1-6,are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: I) Site Orientation shall include: 1. The particular use proposed for the land or structure. 1, north point 2. The specific site is an appropriate location for such 2. zoning district (s) use, structure or condition. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 300' radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure 5. The use is in harmony with the purpose and intent of t 7. deed restrictions, easements_ Zoning Bylaw. in Legend& Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines & outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e. the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10, PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans must be submitted with this application to the Town 10 D. Minor Projects Clerk's Office and ZBA secretary at least thirty (30) days Minor projects, such as decks, sheds, and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an. asterisks(`). In some cases further information may be required A set of building elevation plans by a Registered Architect may be required when the application 11. APPLICATION FILING FEES involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841'for the cost of first class, certified, 10 A. Major Projects return receipt ($4.42 as of November 2003) x#of all Major projects are those which involve one of the parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the following whether existing or proposed: applicant shall supply first class postage stamps !)five ormore parking spaces, (currently 37c) x the#of parties of interest on the ll)three (3) or more dwelling units. or the decision mailing. tll) 2000 square tact of building area. abutter's list f B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies Major Projects shall require that in addition to the above for the Legal mailing and one copy for the Decision {� atures, plans must show detailed utilities, soils, and mailing). !upographic information. C. See 2005 Revised Fee SchedWe. 4444 A Special Permit once granted by the ZBA will lapse in 2(two) years if not exercised and a new petition must be submitted. Ff-FF- I i f NORTH Town Of North Andover �°t`."`° Project: Building Department *�e ," � 27 Hewitt Avenue 400 Osgood Street pPg4 Map 60.C,Parcel 46 978-688-9545 CH �Ss.�c►+ug Zoning°District 8-3 APPLICANT Edward&Cheryl Gillen REarag ro osed e&family_room above DATE: April 20,2006 p p garage Title of Plans and Documents: Plan of LandLProposed Addition,&Building Permit Application Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Si n exceeds requirements X Violation of Setback Front Side X Rear X Insufficient Lot Area Insufficient Parking Violation of Buildin Covera e Insufficient Open Space Use requires permits prior toBuildin Permit Sign requires permits prior to Building Permit I I Form U not complete by other departments Not in conformance with Growth By-Law Other SEE EXPLAINATION BACK SIDE Remedy for the above is checked below. X I Dimensional Variance Special Permit for Watershed Review Special Permit for Site Plan Review S ecial Permitfor sign Complete Form U sign-offs Copy of Recorded Variance X Information indicating Non-conforming status Copy of Recorded S ecial Permit Other Other Plan Review The plans and documentation submitted have the following inadequacies : 1. Information Is not provided,2.Requires additional information, 3. Information requires more clarification,4. Information is incorrect. 5.All of the above. # # Foundation Plan Plumbing Plans Subsurface investigation Certified Plot Plan with proposed structure Construction Plans 116 Affidavit Mechanical Plans and or details Plans Stamped by Proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan Roofing Footing Plan Plans to scale Utilities Site Plan Water Supply Sewage Disposal Waste Disposal Other ADA and or ABBA requirements Administration The documentation submitted has the following inadequacies : 1. Information Is not provided.2.Requires additional information. 3.Information requires more clarification.4. Information is incorrect.5.All of the above. # # Water Fee State Builders License Sewer Fee Workman's Compensation Buildin Permit Fee Homeowners Improvement Re istration Buildinq Permit Application Homeowners Exemption Form Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form an begin the permitting process. Building epartment Official Signature Appiica ion Received Application Denied If Faxed Denial Sent Referral recommended Fire Health Police X Zoning Board Conservation Depart of Public Works Planning Historical Commission Other BUILDING DEPT cc: ZBA Revised 12.13.05 Form Denial Master Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Refw"Clo ZONING SECTION 7 - DEMENSIONAL REQUIREMENTS OF 7.3 AND TABLE 2 BY-LAW R-3 REQUIREMENTS: AREA-25,000 S.F., FRONTAGE 125 FEET, SETBACK REQUIREMENTS - FRONT- 30 FT, SIDE- 20, REAR- 30 PROPERTY IS PRE-EXISTING NON-CONFORMING TO AREA, FRONTAGE, LEFT SIDE & FRONT SETBACKS. A Variance from Section 7.3 & Table 2 of the Zoning Y right Bylaw for the t side � setback on the proposed addition is required from the Zoning Board of Appeals. A Special Permit from Section 9.2 of the Zoning Bylaw for the extension of a pre-existing, non-conforming structure on a pre-existing, non-conforming lot is required from the Zoning Board of Appeals. Written Documentation TO: North Andover Zoning Board of Appeals FROM; Edward and Cheryl Crillen 27 Hewitt Avenue DATE: May 10, 2006 SUBJECT: Section 9- Special Permit Application-Points 1-6 1. My particular Special.Permit request for the proposed use of adding a single stall garage with family room above. 2. This particular site is an appropriate location for this structure as it makes:our house more conforming to our neighborhood. 3. There will be no nuisance or serious hazard because it is setback 30 feet from the street, which is conforming to our front setback. It is also 13 feet from our abutters yard so it will let us access our backyard without imposing on our abutters property. 4. Adequate and appropriate facilities will be provided for.the proper operation of the proposed use by already having four accessible parking spots in the driveway so that they will not have to park on the street, Further more, we are only accessing electric and telephone which can be done from existing house. No new lines will have to be run from the street, Our town water, town sewer, and gas line will not be affected. 5. This use is in harmony with the purpose and,intent of the Zoning bylaws because when the house was built, it was built on a conforming lot. When the town rezoned it made the lot nonconforming, as many lots in our neighborhood are. 6. NIA Abutter to Abutter( J Building Dept. ( } Conservation ( ) zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part"Parues in Interest as used In this chapter shall mean the petitioner, abutters,owners of land directly opposheon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." - Subject Property: MAP PARCEL Name Address 60.0 46 Edward&Cheryl Gillen 27 Hewitt Avenue North Andover,MA 01845 Abutters Properties Mar Parcel Name Address 59 41 Joanne Mermelstein 41 Chestnut Street North Andover,MA 01845 59 93 Edward Rogers 45 Chestnut Street North Andover,MA 01845 60.0 7 Robert Gartside 31 Longwood Avenue North Andover,MA 01845 60.0 28 Benjamin Hollins 75 Chestnut Street North Andover,MA 01845 60.0 29 Judith Brasseur 5 Longwood Avenue North Andover,MA 01845 60.0 31 Kevin&Colleen Hamel-Porter 12 Minute Avenue North Andover,MA 01845 60.0 39 Kevin Foley 52 Hewitt Avenue North Andover,MA 01845 60.0 40 William Canty 42 Hewitt Avenue North Andover,MA 01845 60.0 41 Nishit Oza 30 Hewitt Avenue North Andover,MA 01845 60.0 42 Judith Hamden 24 Hewitt Avenue North Andover,MA 01845 60.0 43 Frank Elander 67 Chestnut Street North Andover,MA 01845 60.0 44 Madeline Marie Henneily 53 Chestnut Street North Andover,MA 01845 60.0 45 Kenneth Keen 21 Hewitt Avenue North Andover,MA 01845 60.0 47 Gary Ford 31 Hewitt Avenue North Andover,MA 01845 60.0 48 Sebastian Patane 39 Hewitt Avenue North Andover,MA 01$45 60.0 49 Robert Ryan 57 Hewitt Avenue North Andover,MA 01845 60.0 57 Ronald Moody 28 Hewitt Avenue North Andover,MA 01845 47 4 Breenmore Reality Trust 15 Lorraine Avenue North Andover,MA 01845 47 5 Donald Rokes 67 Hewitt Avenue North Andover,MA 01845 47 83 Vincent D'Alessandro 142 Berkeley Road North Andover,MA 01845 Date 3/17/2006 Page 1 of 1 This certifies that the names appearing on the records the Assessors Office as of Certified by: bate PLAN OF LAND IN LOCUS:NO SCALE NORTH ANDOVER, MASS. OWNED BY , EDWARD S. AND CHERYL A. GILLEN SCALE. 1 20 DATE414/2006 �Gr LOCUS X 0' S+� ZO' 40' 601 Q THE ZONING DIST. IS R-3 Scott L. Giles R.P.L.S. 125'FRONTAGE Frank. S. Giles R.P.L.S. 25,000 S.F.AREA �, MINUTE 30'FRONT SETBACK 50 Deer Meadow Road s A 79 20'SIDE SETBACK North Andover, Mass. 30'REAR SETBACK LOT#3 LOT#3 PLAN#12586 PLAN#12586 N.E.R.D. N.E.R.D. 75.00' ASSESSORS MAP 60C PARCEL 47 LOTS 222,223,224 ARTONE PLAN 0360 N.E.R.D. 7125 S.F. ASSESSORS MAP 60C ASSESSORS MAP 60C PARCEL,46. PARCEL 45. KEEN EXIST GAR. OO EXIST 1 1/2 STY PROPOSED Ld EXIST. HSE. rn 8, WOOD FME. DWELL. GARAGE FND. AND FAMILY OOM ABOVE 13' #27 w N O 75.00' '273'+/- TO CHESTNUT ST HEWETT AVE. THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER BOARD OF APPEALS THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. N Of Q. -O 1 H DATE OF FILING: 972 TE DATE OF HEARING: oy�L LR1i0 Sv DATE OF APPROVAL: 1�� � NORTH Of t``D ' lawn Clerk Time Stam 6'�6 0 P O aye_ w A #, TOWN C! RK'S OFF 1173 2006 MAY 16 PM 4: 18 caug's ZONING BOARD OF APPEALS ��qpq¢.H°� 'N }j};��']}�{}' {y, �*9j� , Community Development Division ASSA HUSE 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 top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 13'r'of June, 2006 at 7:30 PM to all parties interested in the application of Edward & Cheryl Gillen,27 Hewitt Avenue(Map 60.C,Parcel 46),North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief from the requirements for the right side setback in order to construct a proposed one-stall garage and family room above, and for a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non- conforming structure on a pre-existing, non-conforming tot. Said premises affected is property with frontage on the Northwest side of Hewitt Avenue within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 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 May 22 c&29, 2006. Legalnotice 2006-018. M60.CP47. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnarthandaver.com f NORT#1 ° ,«E o 'a�'►'o Town Clerk Time Stam 0 RECEIVED 7q lOc [ MKay` 2006 JUN 2 7 PH : 1 SSACHU`�� ZONING BOARD OF APPEALS l'ORTi illi '°r'v Community Development Division M SSA Csill` 7 ` => Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A,§17 Pro at: 27 Hewitt Avenue NAME: Edward&Cheryl Gillen HEARING(S): June 13,2006 ADDRESS: 27 Hewitt Avenue PETITION: 2006-018 North Andover,MA 01845 TYPING DATE: June 26,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 13,2006 at 7:30 PM upon the application of Edward&Cheryl Gillen,27 Hewitt Avenue(Map 60.C,Parcel 46),North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief from the requirements for the right side setback in order to construct a proposed one-stall garage and family room above,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure on a pre-existing,non-conforming lot. Said premises affected is property with frontage on the Northwest side of Hewitt Avenue within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on May 22&29,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R Webster. The following non-voting members were present: Thomas D.Ippolito,and Richard M. Vaillancourt,and Daniel S.Braese. Upon a motion by Joseph D.LaGrasse and 2nd by David R Webster,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 2.0' from the right side setback in order to construct an attached 1-stall garage and family room above;and upon a motion by Joseph D.LaGrasse and 2nd by Albert P.Manzi,III,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to allow a pre-existing,non- conforming structure to be extended by a one-stall attached garage and family room above on a pre- existing,non-conforming lot per: Site: 27 Hewitt Avenue,North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Mass.,owned by Edward S.and Cheryl A. Gillen Date(&Revised Dates): 4/4/2006,4/12/2006 Registered Professional ScottL. Giles,#13972,Scott L. Giles R.P.L.S.,Frank S.Giles RP.L.S., Land Surveyor 50 Deermeadow Road,North Andover,Mass. Building Plan Title Proposed Addition,Hewitt Ave.,N.Andover,MA. By: Victor E.Hagen Jr.,58 Regent Ave.,Bradford,MA 01835 Date: [no date Sheet/Drawing Sheets 1-8. Page 1 of 2 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofnorthandover.com NORTy Of 19 ID Town Llerk Time Stamp y6 oRECEIVED g7to 2006 JUN 27 PI 4: 16 7 p6R �� 9SSACH�1`-'�� ZONING BOARD OF APPEALS T ,"3'1 OF Community Development Division $ f1�, .1 MASS ,a, x f� � Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R. Webster. The Board finds that owing to circumstances relating to the shape of 27 Hewitt Avenue and the placement of the single family dwelling on the parcel especially affects 27 Hewitt and the structure but does not affect generally the R-3 zoning district in which it is located,a literal enforcement of the provisions of Paragraph 7.3&Table 2 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that one direct abutter spoke in favor and wrote a letter of support;the other direct abutters wrote a letter of support,another abutter,directly across the street,also wrote a letter of support. 13 abutters signed a petition in favor of the appeal. There was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the zoning bylaw and that the Board may grant this Special Permit because 27 Hewitt Avenue is an appropriate location for the addition of an attached family room above a single stall garage to a single-family dwelling. The Board finds that the use as developed will not adversely affect the neighborhood since it will conform to other Hewitt Avenue properties by housing a car and outdoor equipment. There will be no nuisance or serious hazard to vehicles or pedestrians. Adequate and appropriate facilities are provided for the proper operation of the proposed use. The Board finds that the use is in harmony with the general purpose and intent of this Bylaw,and that this extension of a pre-existing single-family dwelling shall not be substantially more detrimental than the existing structure to the neighborhood. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. 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 of Appeals, -1 4 . qvieen P.McIntyre,C airman Decision 2006-018. M60.CP46. Page 2 of 2 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofnorthandover.com