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HomeMy WebLinkAboutMiscellaneous - 28 BERKELEY ROAD Page 2 of 4 Application for a VARIANCE A Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: o a c� CD C-) Q5 r The petitioner shall be entered on the legal notice and the decision as entered above. _ r� C> �yG. 2. Owners of Land: Name, Address and Telephone number and number of D aC) years under this ownership: N t3 d3 � A-14 ce- o N rx . Years Owned Land: 3, Location of Property: s a. Street:_Afi 6erke-lei gel• Zoning District - y b. Assessors: Map numbersZ Lot Number:_ �Z c. Registry of Deeds: Book Number IK 5 5 Page Number: 4. Zoning Sections under which the petition for the Variance is made. j �--- *Refer to the Permit Denial and Zoning By-Low Pian'AevkWas supplied by the Build Commissioner 5. Describe the Variance request *The above description shall be used for the purpose of the legal notice and decision. A more detatkd description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the Intent of the applicant. The decWm wits be limited to the request by the applicant and will not involve additional Items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements, (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A-7500 % it �J 5 f t B. L % SE 9 — 2002 D®ARD OF APPEAL F f I TOWN OF NORTH ANDOVER VARIANCE ` ZONING BOARD OF APPEALS 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 notified 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 7• 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 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 petitioner, the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: SVP 9: DECISION: Petitioner submits all of the required plan information as Aft the hearing, a copy of the Board's decision will be 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 Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. 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. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording,eed!fication of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). 0 W, M-, ---,o r CD IMPORTANT PHONE NUMBERS: C-1)---,D 2,71 978-688-9541 Zoning Board of Appeals Office "R�-- ornor,i 978-688-9501 Town Cleric's Office 978-688-9545 Building Department , _> i i I Page 2 of 4 Application for a VARIAN C E Zoning Board�of Appeals 1. Petitioner: Name, address and telephone number: ���•� -0: /3rvnn 9 78 - 6 8 3 A 'S 13 e"�-'ka/e� AU. i Iva . ,✓4do v�Y , /1?a • O l S y5 I. `The petitioner shall be entered on the legal notice and the decision as entered above. i 2. Owners of Land: Name, Address and Telephone number and number of years under this Rwnership: t3-e.rq td tl, /�rwrr D 9 7 :9 - 6 S 3 - // 53 I Years Owned Land: i 3. Location of Property: a. Street: At &ej- [e-le_,i Aal• Zoning District_ A - y i b. Assessors: Map number W Z Lot Number: 7 c. Registry of Deeds: Book Number IS 5 .5 Page Number: A 7 4. Zoning Sections under which the petition for the Variance is made. Sc.c. 9 - c l-te-d on De."� f'rwn► S� a `Refer to the Permit Denial and Zoning By-Law Plan Review as stippled by the Building Commissioner 5. Describe the Variance request *The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is required Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the pursuant to the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A.7500 AVA 1111A so, C2 y It I 1/ B. % Page 3 of 4 Application for a VARIANCE f Y C 3p 3 f Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back j Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5000 .+c 0 1 o J ® t of , 42 L8► 11 ! /I E ! 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 to sa lrr k d. 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 ��`�' CXcx �?h 7-3 5000 1U % AA 1 AO i 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* *Reference Uses from the Zoning By- State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* / 0? J+ I q ma *Reference Uses from the oning By-Ate number of units in building. 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 Clerks 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 dismissaLp* oning Board of ibis applicatio as incomplete.. Si natureeaZ Type above name (s) here �/y/� i I i I PAGE 4 OF 4 VARIANCE 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 requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall 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 buildings 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 results 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 supporta 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. Plan 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 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's 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 legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate 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. 40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary 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. Plan 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. Town of North Andover, Zoning Board of Appeals Parties of Interest i 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 ofeOery abutting city or town." Applicant's property,list by map,pared,name and address(please print clearly; and use black ink.) MAP PARCEL NAME ADDRESS ABUTTERS PROPERTIES MAP PARCEL NAXIE ADDRESS �t:eAetd, G.o�e1�Y�G a ? w//Svc �'i . NO• �('� ' - A )j .14 y d.. Yy�Lf�l, Ie &,&�r1y'� ty✓m X15-�To`//a./ ��/ /, A � G/ ✓�" T�7UaHAS lse� V"r,5 `/ 7 50 S6�Ilc rte. ?QMIa,4 ht-vs .91 'e �et� �c/ 13 //-T �° To//a heal d. V0 Y �''_ .�/,�x� v z, �a /3 W/&O!,, ad " :Z 50 - ►.�-,-gid( , A�4 0��, � 5 ! �nnJ a� /�r/ 6 101 b/t°,. .d•�,�an n Cr V Glo//` .�.� �Y '�Gy ��(- XI® yo,4. y `1tJi//a wrSq A / qaP aY+ d. v r�J' Yo�S fat- r AOf /,`. �/QIh j so OWGS �® �� � /VO• hell• A� vsa� C /3y �I� ' /gal• Ivo ,�l�,al, TMSIW 1IIVIATIO WAS OBTAINED AT TssEssORS Ori CERTWF�D BY O C AAN)Q DATE S1 ATURE PAGE ( OF 2- 9/� v 'own of North Andover, Zoning Board of Aimeals Parties of Interest/Abutters Listin REQUIIt mea MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mea 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,pared,name and address(please print dearly and use black ink.) MAP PARCEL NAME ADDRESS 417 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 417 7 q /gin �/�2� , ���. � ��'� '�� /3�.vlZ�J.t��- /UQ •®(�rcQ Yb& /< 1-/ 7 >� 7T�►�5�Gkrrs�'� ,,��a�►S �� �- „c, d• /1�0,.ltic( Y r 1G'rcti - // av tel—el- q 7 /3 a/c�h�,ai.d.GciGf:�c 1'3lr/d� aacld C {J/ 3 5 c. C�3nGt l.• /1,106 0.s�•,�f���hcrG��t ' r S-A ren Ig r & l � �'S 5�►�iv� L17 /02 �o d e O y � 85007Q/3ra;► lyee MCA THl S IlVF 4 T TI WAS tIBTAI'NED AT THE ASSESSORS OFFIC'l�AND � ���!4 CERTII♦IEIyyt� ASSESSORS OF[�E'E B - �- Y: DATE _ ;IGNATLTRE PAGE ty t TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE j and REQUIREMENTS STEP 6: SCHEDULING OF NEARING AND for FILING an APPLICATION for PREPARATION of LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT 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 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 shall be After the hearing, a copy of the Board's decision will be completed, sent to allAn arties in interest. p y 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): � eti,C,: N C)--I-< c C)C-) ,-- xgM t11 > 11 >�w M c:)M C) rn IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office f I PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT { North ANDOVER ZONING BOARD OF APPEALS ---------------------- 1. Petitioner: Name, address and telephone number: C 53 &e,o.ld'� zT: 13•runo c' 76- 63 - Its /.3Gr/U.-1ey /ZCR ' /1!0 • �Ohdo NO, . O 18 4/5 "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: G-e,v%;; ld rJ: /3rymo q79 - 6 '93 - // 53 a8 /3 e►-/ce/Gy Ad - /Uo. �Hc�OyG Y, /Yf o, Years Owned Land: /6 3. Location of Property: a. Street: A 8 8 c.-ke1Q /Zoe• Zoning District A — y b. Assessors Map number1/ 7 _Lot Number: 7 c. Registry of Deeds: Book Number /6-6.T _Page Number: A 4. By-Law Sections under which the petition for the Special Permit is made. S e efio" 9 • C/ ) C Z'?e;bwi /3 *Refer to the Permit Denial and Zoning By-law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: S.P-e. &a eesty.�. vyl �r�e.Xls��g /�Clr) c©� (royr•�,h� *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 z 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. Covera a FeetSC> Spaces �Fro�ntl� Side A Side B Rear % 611 1,Q /'W b. Proposed Lot (S): I Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back F Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear '10 -%f c. Required Lot: (As required by Zoning By-Law) i t i 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 r ,rr/aY'j AIIX % 50+ a� c9© M 14 a,© I F ..dppli�,ble. 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units 7A® �CS/C�C IIt�1 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 Building* of Units *Reference Use Code fiumbers aes from the Zoning Ordinance. State number of units in building. 9 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 expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board les and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature Type above name (s) here i i I 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 of streets identified and factually supported: Addressing each of the 4 wetlands to be shown on plan (if applicable) below points individually is required with this 5. abutters of property,within 300 foot radius application. 6. location of buildings on adjacent properties within 50'from applicants proposed structure 1. 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&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. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Plan the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of 5. Title Plan the zoning by-law. 6. Namess addresses and phone numbers of the applicant, owner of record, and designer or 6. Specific reference and response to the criteria surveyor. 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 require that in addition to the above requirements). features, plans must show detailed utilities, soils,and 10. Plan of Land topographic information. A set of building elevation and interior of building plans will be required when the Each application to the Zoning Board of Appeals shall be application involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor be submitted with this application to the Town Clerk's projects including decks,sheds,&garages shall be Office and ZBA secretary at least thirty(30)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 FEES Major projects are those which involve one of the following A. Notification Fees:Applicant is to send by certified whether existing or proposed: a)five or more parking mail all legal notices to all abutters, and then spaces, b)three or more dwelling units, and 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 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 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 E �OR711 Office of the Zoning Board of Appeals = Community Development and Services Division _ . z 27 Charles Street North Andover,Massachusetts 01845 '�swcsEt D. Robert Nicetta Telephone(978)688-9541 Budding Commissioner Fax(978)688-9542 Any appeal shall be filed Notice Of Decision within(20)days after the Year 202 date of filing of this notice in the office of the Town Clerk. Property at: 28 Berkele Road NAME: Gerald J.Bruno DATE: September 13,2002 ADDRESS: 28 Berkeley Road PETITION: 2002-039 North Andover,MA 01845 HEARING: 9/10/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,September 10, 2002 at 7:30 PM upon the application of Geral J.Bracy 28 Berkeley Road,North Andover,MA requesting a Variance from Section 7,Paragraph 7.3 and Table 2 for relief from left and right side setbacks, and rear setback in order to enclose an existing 12'x 16'open deck of a non-conforming structure on a non- conforming lot,and a Special Permit for relief from Section 9,Paragraph 9.2(1)in order to extend a pre- existing,non-conforming structure on a pre-existing,non-conforming lot by enclosing an existing 12'x 16' open deck,within the R-4 zoning district. The following members were present: William J.Sullivan,Walter F.Soule,Robert P.Ford,John M.Pallone, Scott A.Karpinski,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Walter F. Soule and 2°d by John M.Pallone,the Board voted to GRANT a request for dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of 2.2'left side setback,2.2'right side setback,and 5.4' on rear setback per Site Platt for Variance in North Andover MA,28 Berkeley Road, prepared for Gerald&Joyce Bruno by James A.O'Day,Registered Professional Engine,Civil#22733,599 Canal Street,Lawrence,MA 01840-1233,dated 7/11/02. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Voting in favor: William J.Sullivan,Walter F.Scale,Robert P.Ford,John K Pallate,and Scott A.Ka<pinskL Upon a motion made by John NL Pallone and 2°d by Walter F.Soule,the Board voted to GRANT the Special Permit from Section 9,Paragraph 9.2 to extend a pre-existing,non-conforming structure on a pre-existing, non-conforming lot in order to enclose an existing 12'x 16'deck for a sewing/sitting room per above Site Plan by James A. O'Day,dated 7-11-02 and Drawing no.Al,Job no.3764,dated 4-14-02 by JB,G.J.Bruno Associates,Architectural Designers,28 Berkeley Road,N,Andover MA 01845. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 ofthe zaning bylaw and dint such crtge, extension or alteration shall not be substantially more detrimental than the existing ane to the neighborhood. Voting in favor: William J.Sullivan,Walter F.Soule,Robert P.Ford,John M.Pallone,and Scott A. Karpinski. Cy. CD - -< cn ;X3 C:)�- Paget oft v c, r; rn C-D N t.e.1 co 5 Conservation 688-9530 Health 688-9540 Planning 688-9535 Board of Appeals 6EE-1541 Building 6EE-�54 Cs t Town of North Andover r6 Office oft the Zoning oar of Appeals Community evelo ent and Services Division * _ 27 Charles Street • <� ° . ' aggrEa wfi�^(5 North.Andover,Massachusetts 01845 ��s,c,+us�� D Iwo ( t -Icetta Telephone(9 78)688-9541 t lt ';';lv;-rmpzissianer Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing Town of North Andover Board of Appeals, William J. Sullivan,Chairman Decision20U2-039 Page 2 of 2 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535