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HomeMy WebLinkAboutMiscellaneous - 39 ADAMS AVENUE • TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Variance v Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty QQJ 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 dismi dismifete. 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 fora 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 j BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf,or be Petitioner completes an application form to petitlon 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 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 certification of Appeals secretary. the decision and any accompanying pians at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES 1N 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). r C= c-- c> IMPORTANT PHONE NUMBERS: -' a r D :co 978-688-9541 Zoning Board of Appeals Office > 978-688-9501 Town Clerk's Office ' ' 978-688-9545 Building Department w Page 2of4 Application for a VARIANG pp E Zoning Board of Appeais E 1. Petitioner: Name, address and telephone number: x M A W Atmel tQiORIA Amoovelz, t ccns *The petitioner shall be eritered on the legal notice aril the decisft as entered above. sso- 2. Owners of Land: Name, Address and Telephone number and number of yearn under this ownership: DyIE�. a v MAtai I Years Owned Land: 3 5 3. Location of Property: p a. Street: MS Zoning District_ R b. Assessors: Map numberW5 CX Lot Number. 18 c. Registry of Deeds: Book Number Page Number__33P t 4. Zoning Sections under which the petition for the Variance is made. 7,,SLFE a r � *Refarto the Peretti Oenhd and Zoning By-Law Plan Review as supplied by the Building Carmtissioner S. Describe the Variance request Sips s '�)&TBPC-K or 31(4, - 6005Ca PAIDD ITIO W ` .. IDF S or ` ft- - ut S i kj oyciA 11 *The abovedOS&Wm shall be used for the purpose of the legal node and oeciaon. A more dntaikd description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to cieudy die the r may result In a decision that does not address the Intent of the applicant. The decision will be limbed m the request by the applicant and wig not Involve additional items not Included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that win 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 Bank Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A % 1 j, d I r Page 9 Application fora VA14/ANCE 0 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 B Rear 10.00 UP- 14 % i oa 1+ 39.5 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 8 Rear 16poo 15, 0 _� % 100 a 12 - 39,5 d. Required Lot: (As required by Zoning By taw) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" r Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear t a,5oo •A % oo t� 15a T 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building" 3 '88 _i3 REStDeWTikL 'Reference Uses from the Zoning By-Law.State number of units in building. -b. Proposed Buildings: Ground Floor Number of TotalUse of Square feet Floors Sq.feet Building* 415 ro 'Reference Uses from the Zoning By-law.State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Variance shag be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be tiled with the Town Clerks Office. It shall be the responsibility of the petitioner to furnish as supporting documentation with this application. The dated copy of this application received by the Tonin 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 the Zoning Board of this application as incomplete. Signature , / 1 n4dj?A�- Type above name(S) here MA t t m4 PAGE 4 of 4 VARIANCE yaw�, 9. WRITTEN DOCUMENTATION Application for a variance must be supported by legibly written or typed memorandum setting forth in detail all facts relief!upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE NdDICATED 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 rd 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 S 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 S. Title of Pian is sought,, S. Names/addressestphone 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 100. 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 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 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) Pian 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 SPECIAL PERMIT ZONING BOARD OF APPEALS , PROCEDURE and REQUIREMENTS STEP 6:SCHEDULING OF HEARING AND f01' FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules I 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 for publication in the newspaper. The petitioner is be submitted thirty (30}days not later than noon 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 j prescribed may result in a dismissal by the Zoning STEP 7:DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be After the hearing, a copy of the Board's decision will be completed. sent to allarties in interest. An 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). r_ C:) -i-< rte- soca -, x�- M IMPORTANT PHONE NUMBERS. o'T' �� 978-688-9501 Town Clerk's Office mx= p 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office 4= PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT e• .,�, ~�,_. .. S -r °'+ia¢!>'au North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: A -Gssa *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: S- M NN W� &t)kmn kyle Years Owned Land: 3. Location of Property: a. Street: "59 AQW5 Zoning District R4 b. Assessors: Map number j: Lot Number: IS c. Registry of Deeds: Book Number Page Number: 4. By-Law Sections under which the petition for the Special Permit is made. S E,:-C-T 10 1.4 1� *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Pennit request: f E�TeQ'&10ut (% A PR&eA1STIi 6 Noll •C�u�OKMII�IC� ST RUCT UR1& Olt P% PRe e\L l5T t M6 KWM C.6"5oKMtN-G L�A-T. *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 P1:,E"R"M'1,T1­ 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 4 000 6�� �4 _ a _ s�� _}r.• r.� 0� 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 !olooa Q,_�1 l$ % tc� a. 33 ta.- 14- 39.5 °� c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces front Side A Side B Rear ta_,n?S0 rte % 160 30 .5 22-1:2 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units F *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. F B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units A *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 famish 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 the Zoning Board of this application as incomplete. Signature Type above names here M A. i PAGE 4 OF 4 Application fora SPECIAL PERMIT S. 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 retied 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 and P 9.2 Special Permit Granting Authority shall be clearly 2. zoning district(s) identified and factually supported: Addressing each of the 3. names of streets 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 1. The particular use proposed for the land or structure. 50'from applicants proposed structure . 7, deed restrictions, easements2. 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 nuisance or serious hazard to 2. Existing features to be removed in dashed lines vehicles or ped estrians. 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Pian the proper operation of the proposed use. S. The use is in harmony with the purpose and intent of 5. Title of Plan the zoning by-law. 6. Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer or required by the particular special permit for which this surveyor. application is made (i.e. Earth Removal Special Permit respond to criteria and submittal 10 D. FURTHER REQUIREMENTS: requirements). Major Projects shall 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 Board of A interior of building plans will be required when the . Each application to the Zoning 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 Cleric'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 r 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 .* •. o Office of the Zoning Board of Appeals A" /F Community Development and Services Division 27 Charles Street 2") A _ 58 North Andover,Massachusetts 01845 a8nc,n,s 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 2002 date of filing of this notice in the office of the Town Clerk. Property at: 39 Adams Avenue NAME: James Mahan DATE: July 16,2002 ADDRESS: 39 Adams Avenue PETITION: 2002-033 North Andover,MA 01845 HEARING:. 7/9/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 9,2002 at 7:30 PM upon the application of James Mahan,39 Adams Avenue,North Andover,MA requesting relief of a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for right side setback of an existing porch and left side setback for a proposed garage;and for a Special Permit from Section 9,Paragraph 9.2 for the extension of a pre-existing,non-conforming structure on a pre- existing,non-conforming lot within the R-4 Zoning District. The following members were present: William J.Sullivan,Walter F.Salle,Scout A.Karpinski, Ellen P.McIntyre„George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Walter F.Soule and 2°d by Ellen P.McIntyre,the Board voted to allow the petitioner to WITHDRAW HIS PETITION WITHOUT PREJUDICE,and resubmit for the August 13,2002 meeting. Voting in favor of the withdrawal: William J.Sullivan,Walter F.Soule, Robert P.Fad,Scott A.Karpinski,and Ellen P.McIntyre. Town of North Andover Board of Apy eals, William J.St flivan,Chairman Decision2002-033 BOARD OF APPEALS 688-9541 BLTILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t of at NORTH ANDOVER 2001 JUL I I A 9: 4 3 OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,1443SACHUSETTS 01845 FAY(973)6$3-9542 Date: TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone# 978-688-9541 fax# 978.-688-9542 Please be advised.that i wish to withdraw my petition without pre udice from the Zoning Board of Appeals agenda for property located at: STREET: TOWN: YI 1 NAME OF PETITIONER: Signed: pe itioner (or petitioner's representativ mWariance EC.-.iv 0F.--PPE.-1-LS 903-95-; BLILDi\GS 6SS-9543 CONSERVATION 683-9530 HE.' TH 533-9540 PL aINMNG 683-933: : .w SO DEEROAD NORTH ANDOVER, MA. 01845 E MAIL`Frank-GilesSurvey{a ediao�i-te.r�et TEL.(978)683-2645 (378)683-3924 SUR VBYING LAND PLANNING ` CONSULTING MAY 30, 2002 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES,F.L.S. ICE: SPECIAL PERMIT APPLICATION from IVIGLA ch. 40A B-4 SECT.y Site: 39 ADAMS AVE This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Special Permit application. 1. The particular use is existing as a Single Family Residential and remains as such. 2. The use nor conditions shall change;however, the structure is being increased by an amount consistent with the other structures in the area. 3. The abutters may voice whether a nuisance as the addition being built may not meet their approval. The vehicles and pedestrians are in no proximate area to this structure and therefore are of no hazardous condition. 4. The facilities are not a necessary concern with this proposed addition. 5. The use is to remain the same and is in harmony with the purpose and intent of the zoning bylaw. 6. The criteria for this Special Permit being requested for the extension of a non conforming structure is basing our appeal on a hardship of existing conditions on a financial situation of not being able to purchase a larger house for a growing family. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS f , � T t4c Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty30 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 at STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be com0eted by the Town. NEWSPAPERIPARTY 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: i STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be i Petitioner completes an application form to represented y.' In the absence of ppl' petition the by an agent or attorney. 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 shalt be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 8: DECISION: Petitioner submits all of the required plan information as After 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 certification 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). r*s rrl IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office w CD m o M 978-688-9501 Town Cler'k's Office < �' 978-688-9545 Building Department M 0 Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: f 35 ADAMS AVE-,KU 1�oRu Awr�oV�iZ M � ta � Ccm �a -�� 'The petitioner shag be eritered on the legal notice and the as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: -D 'V�• 4 MA dIS4 5 6-7 -�LOQ) Years Owned Land: 4eoa f-S 3. Location of Property: D a. Street: M5 Zoning District_ R b. Assessors: Map number Lot Number. 18 C. Registry of Deeds: Book Number 5'11"3 Page Number 130 4. Zoning Sections under which the petition for the Variance is made. t i 'Refer to the Permit Denial and Zoning By-Law Pian Review as suppled by the Building Commiasioner 5. Describe the Variance request SIDS 5&T5PCK or- 3'(4, spa LTA ti! • RICIAT IDS SFMACK Or- I' (-i+.)+. ©f,oA 'The above shall be used for the purpose of the legal notice and dedsImL A more detailed descNption 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 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 tot 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 -% B. % 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 B Rear 40--06tad 39.5 c. Proposed tot(S):' Lot Area Open Space Percent Lot Frontage Parking " Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Bide B Rear o�oov �is� % loo a jp� _ 39.5 d. Required Lot: (As required by Zoning By-Lav) 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 M500 A 1L.;A% 100 ?mss 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors 'Sq.feet Building* 3Z8RESt17 { ITII�L *Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet _Floors Sq.feet Building* 415r t G�ARA *Reference Uses from the Zoning By-Law.State 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 Appals. 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 Tonin 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 the Zoning Board of this application as incomplete. Signature /1 922 Type above name (s) here J AM � I PAGE a 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. VVhen 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 dearly 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 (d applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 That radius B. The circumstances relating to soil conditions, shape or 6• location of buildings on adjacent properties within t 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 Pian ' respect to the land or building for which the variance 5. Tette of Plan is sought. S. Names/addressestphone numbers of the rt 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 supporta 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 twilling plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed charge 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 j require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail 1 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. 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 45G, 18 JAMES MAHAN 39 ADAMS AVE.NORTH ANDOVER,MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 45B 7 DARRYL MESSIER 14 MARTIN AVE. NORTH ANDOVER, MA 01845 45B 10 DANIEL STROM 35 ADAMS AVE. NORTH ANDOVER, MA 01845 45G 55 BRUCE DEFILIPPO 30 MARTIN AVE. NORTH ANDOVER, MA 01845 45G 19 DEBRA LONG 51 ADAMS AVE. NORTH ANDOVER, MA 01845 45G 17 GABRIEL DIFILLIPO 30 MARTIN AVE. NORTH ANDOVER, MA 01845 45G 33 PATRICIA ANN MANOS 52 ADAMS AVE. NORTH ANDOVER, MA 01845 45G 34 SEAN BURKE 38 ADAMS AVE. NORTH ANDOVER, MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE: SIGNATURE PAGE: OF JEANNE FOGARTY ASSESSOR Typed Alarm and TitleLA Cmd tBof 4 Date S D Page_I_of_1_ rser No Ando r YN g v SC 0 Tr.fid. GILES, P LS 50 DEERMEADOW ROAD NORTH ANDOVER,;MA 01845 E-MAIL FrankGiles%MLey@Lnediaone.net TEL. (978)683-2645 (978)683-3924 SURVEYING LAND PLANNING CONSULTING MAY 15, 2002 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, P.L.S. RE: VARIANCE APPLICATION from MGLA ch. 40A Sec. 10 Sect. 7 Table H(C 3&4} Site: 39 ADAMS AVENUE This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Variance application. A. The particular use is existing as a Single Family Residential and remains as such. B. The soil conditions, topography shall not be altered or erected. C. The hardship is a pre-existing non conforming situation and with a growing family needing more room to function properly. D. The proposed addition will be small and consistent with conditions in the immediate area. E. The zoning is meant to protect the public health, safety conditions, traffic overcrowding conditions do not derogate the purpose. This allows the family to maintain a level of housing for the level of income F. There are no wetlands on this property or within any jurisdictional distance to warrant a RDA. Please call me for any questions you may have in this matter. Thank you S Frank S. Giles P.L. p°xrk 4-0 �O ok E> v-e✓' Zoning Bylaw Denial Town Of North Andover Building Department o 27 Charles St. North Andover MA. 0 845 P xsaCH°SE Phone 978=688-9545 fax 978-688-9542 street: 3 Map/Lot: Y6' G, J Applicant: �T a m M ,4,k R /V Request: L(•11-9oZ 13, Dater -l Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons:' Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting e!b 2 Frontage Complies 3 Lot Area Complies : 3 Preexisting frontage 4 Insufficient information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area l� 2 Not Allowed 1 I Insufficient Area 3 Use Preexisting 2 1Complies 4 Special PermitRequired y S 3 Preexisting CBA 5 Insufficient-Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 1 Complies y e S 3 Left Side Insufficient e 3 Preexisting Height 4 Right Side Insufficient q e-5 4 Insufficient Information 5 Rear Insufficient I Building Coverage N A 6 Preexistin setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 1 Coverage Complies D Watershed 3 1 Coverage Preexisting 1 Not in Watershed 4 e.5 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information - 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 4 e-!5 2 Parking Complies y e s 3 Insufficient Information 1 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C-3 Setback Variance Access other than Frontage Special Permit Parldrig Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Inde endent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit I Earth Removal S ecial Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Dens i Special Permit Special Permit preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations 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 ttte 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 and begin the permitting process. ilding Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: -e C,( IC- S�t J I /19UN^ CU�v irt�niti ! v c1 l6 i� -'V ,U-COiv At MJn>c l I EA—s,:?�1 - I de MIk a - n ![ y,�eP�- SIOPe. aA�CQ a k C I i Referred To: Fire Health Police Zoning Board Conservation D rtment of Public Works PlanningHistorical Commission Other BUILDING DEPT TOWN OF NORTH ANDOVER SPECIALPERMIT ZONING BOARD OF APPEALS {, PROCEDURE and REQUIREMENTS STEP 6:SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a 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 for publication in the newspaper. The petitioner is be submitted thirty (30) days not later than noon 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 incom tete. 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: The petitioner should appear in his/her behalf,or be receivers a Permit Denial form completed by the represented by an agent or attorney. In the absence of Building Commissioner. any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9• DECISION: as required in items 1 through and including 11 shall be After the hearing, a copy of the Board's decision Will be completed, sent to all parties in interest. Any appeal of the Board's - decision may be made pursuant to Massachusetts Step 3: PLAN PREPARATION: General Laws ch.40A sec. 17,within twenty(20)days F Petitioner submits all of the required plan information as 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 Massachusetts, and shall complete the Certification of p office of Zoning Board of Recording form and forward it to the Zoning Board of Appeals secretary. ". Appeals and the Building Department Once. k STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required -71 information,the petitioner requests from the Assessors a,r� Office a certified list of Parties in Interest(abutters). w n< t IICDMC:)M C:)::ocn® M A' 0 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 North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: KID El V4 P A A '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: A S H WN NVI b Years Owned Land: I 3. Location of Property: a. Street: "51 AQW5 NV5- Zoning District RA b. Assessors: Map number 4 ._Lot Number. Is c. Registry of Deeds: Book Number Page Number: 4, By-Law Sections under which the petition for the Special Permit is made. StcT 10 05 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. C 5. Describe the Special Permit request: f':�TeWI&I(DR nt= A PW•r'-YtSr1gG Was •C��.1�o(ZM�t�C� ST RUCT URE OW P% PRe e\USTI M6 IJotit C_6v-ar-oRMtN� *The above description shall be used Torr 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. i Page 3 of 4 Application for a SPECIAL PERMIT JS 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 % _ a 2ta 3-.!5r— b. Proposed Lot(S): t' Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back* Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side Side B Rear 14- 3g.5 c. Required Lot: (As required by Zoning By-Law) 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 s 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units *Reference Use Code numbers and Use 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 AC15(0 *Reference Use Code numbers and Uses from the Zoning Ordinance.State number of units in building. S. 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 flied 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 the Zoning Board of this application as incomplete. Signature T e above names here A PAGE 4 of a 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 Special Permit when the following Q. Site Orientation shall include: of a S P 9 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 shalt 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 1, The particular use proposed for the land or structure. 50'from applicants proposed structure 2. The s 7. deed restrictions, easements specific site is an appropriate location for such B. Legend&Graphic Aids: use, structure or condition. � 3. There will be no nuisance or serious hazard to 1. Proposed features in solid lines&outlined in red vehicles or 2• Existing features to be removed in dashed lines 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 6. Namess P addresses and hone numbers of the the zoning by-law.' 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 requirements). Major Projects shall 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 application imrblves 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 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 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 hstain s (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 (*) to some cases further information may be application.ZBA Secretary will compute number of required. stamps. �. Applicant is to supply one(1)set of aid 10 B. Plan Spec cations: 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 r 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 bythe ZBA will lapse signatures and date on mylar. in two(2)years if not exercised and a new petition must be submitted. 1 J 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 45G, 18 JAMES MAHAN 39 ADAMS AVE.NORTH ANDOVER,MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 45B 7 DARRYL MESSIER 14 MARTIN AVE. NORTH ANDOVER, MA 01845 45B 10 DANIEL STROM 35 ADAMS AVE. NORTH ANDOVER, MA 01845 45G 55 BRUCE DEFILIPPO 30 MARTIN AVE. NORTH ANDOVER, MA 01845 45G 19 DEBRA LONG 51 ADAMS AVE. NORTH ANDOVER, MA 01845 45G 17 GABRIEL DIFILLIPO 30 MARTIN AVE. NORTH ANDOVER, MA 01845 45G 33 PATRICIA ANN MANOS 52 ADAMS AVE. NORTH ANDOVER, MA 01845 45G 34 SEAN BURKE 38 ADAMS AVE. NORTH ANDOVER, MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE: SIGNATURE PAGE: OF I JEANNE FOGARTY ASSESSOR Typed Name anis Title GRifi b ;� INgAndo) Wei ate S 4.1 Page—i—�f—I_ B d of Asse r s �Y. 4� M SCOTT L GILES, P LS 50 DEERMEAI:DOW ROAD NORTH ANDOVER., MA t11845 E-MAIL Frank-0-ilesSi mediaot-te.r�ct TEL.(978)683-2645 (978)683--3924 SURVEYING LAND PSG CONSULTING MAY 30, 2002 To: NORTH ANDOVER.ZONING BOARD OF APPEALS From: FLANK S. CrIL:ES, P.L.S. RE: SPECIAL PEP.MI f APPLICATION from MGLA ch. 40A B-4 SECT. 9 Site: 39 ADAMS AVE This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Special Permit application. 1. The particular use is existing as a Single Family Resideniiat and remains as such. 2. The urse noconditions shall change;however, the structure is b ing increased by an amount consistent with the other structures in the area. 3. The abutters may voice whether a nuisance as the addition being built may not meet their approval. The vehicles and pedestrians are in no proximate area to this structure and therefore are of no hazardous condition. 4. The facilities are not a necessary concern with this proposed addition. 5. The use is to remain the same and is in harmony with the purpose and intent of the zoning bylaw. 6. The criteria for this Special Pen nit being requested for the extension of a non conforming structure is basing our appeal on a hardship of existing conditions on a financial situation of not being able to purchase a larger house for a growing family. Please call me for any questions you may have in this matter. Thank you Frank S. Giles,P.L.S. NdHTk c1.�V Zoning Bylaw Denial -e Y- a n�•r . s�� Town Of North Andover Building Department 27 Charles St. North Andover` MA. 01845 Phone 978488-9545 Fax 978-688-9542 Street: Map/Lot: Y6— Applicant: Took rV%ef 1.bd11A N.:. Request:' Date: -- Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning - Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area.Preexisting e fD 2 Frontage Complies 3 Lot Area Complies . 3 Preexisting frontage 4 Insufficient Information 4, Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area ro At 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Com lies 4 Special Permit Required y e f> 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies y S 3 1 Left Side Insufficient e- S 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient l Building Coverage A 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 eg 4 Insufficient information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed — 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 in District review required 1 More Parking Required 2 Not in district Li e:!5 2 Parking Complies e s 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item# Special Permits Planning Board Item # Variance Site Plan Review Special Permit Q-3+14 Setback Variance Access other than Frontage Special Permit ParWing Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning,Board Independent Elderly Housin S ecial Permit Special Permit Non-Conforming Use ZBA ` Lame Estate Condo 8 ecial Permit Earth Removal S ecial Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submittal. 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 me a new building permit application form and begin the permitting process. lalvd/#�Z� — 1/1)'- --- ilding Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the applicationf permit for the property indicated on the reverse side: � y�E'--a.� y vrc JAICP -r4 a • r 3' bicFe. aA4 d tile- UA I eu f:e- I t. f I Referred To: Fire Health Police Zonina Board Conservation Department of Public Works Planning Historical Commission Other milli G DEPT Town of North Andover f NORTh ;. ' Office of the Zoning Board of Appeals a �p Community Development and Services Division 27 Charles Street `�"►.,��" �-+,,.� " North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Netioe of Deems within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: 39 Adams Avenue NAME: James Mahan DATE: September 13,2002 ADDRESS: 39 Adams Avenue PETITION: 2002-033 North Andover,MA 01845 HEARING: 8/13/02&9/10/02 'The Nath 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 James Moban,39 Adams Avenue,North Andover,MA requesting relief of a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for right side setback on an existing porch and left side setback for a proposed garage;and for a Special Permit from Section 9,Paragraph 9.2 for the extension of a pre-existing,non- conforming structure on a pre-existing,non-conforming lot to allow for a proposed garage within the R-4 zoning district The following members were present: William J.Sullivan,Walter F.Soule,John M.Pallone, Scott A.Karpinski,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by John M.Pallone and tad by Walter F.Soule,the Burd voted to GRANT the dimensional Variance for relief from Section 7,Paragaph 7.3 and Table 2 of 3'from the west side setback and i'from the east side setback on the condition that the applicant provide a revised plan and mylar indicating the setbacks from the chimney and the covered stairs per Plan of Land 39 Adams Avenue,North Andover,MA prepared for James Mahan by Frank S.Giles II,P.L.S. #41713,Scott L.Giles,Frank S.Giles Surveying,50 Deermeadow Road,North Andover,MA, 41845,Date:June 4,2002,Revisions:Sept. 11,2002. 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.Soule,John M.Patton,Ellen P.McIntyre,and George M.Earley.Upon a motion made by John M.Pallone and T4 by Walter F. Soule,the Board voted to GRANT the Special Permit for relief from Section 9,Paragraph 9.2 for the extension.of a pre-existing,non-conforming structure on a pre-existim non-conforming lot to allow for the proposed garage,per above revised September 11,2002 Plan of Land. Voting in favor: William J.Sullivan,Walter F.Sonde,John M.Pallone,Ellen P.McIntyre,and Geoar _. Earley. ^' ` coo =�C:D C-) > � rn Pa$et 0172 Nrrip w -0 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 s 9 Town of North Andover °f %ORT#t Office of the Zoning Board of Appeals Fr Community Development and Services Division 27 Charles street ` North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 I3uicu'iyrg Commissioner 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-establidW only alta 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 Nath Andover Board of Appeals, William I Sullivan,Chairman Decision2002-033 Page 2 Of 2 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 FRANKS. G>LES,P.L.S. DATE: I"OFAfASS �/ JUNE4, 2002 SCOTT L. GILES FRANK _ G REVISIONS: RANK S. GILES ,Ss SUBJECT PROPERTY No.IIS I SURVEYING w MAP 45G, PARCEL18 A9sslo`'P� 39 ADAMS AVENUE �*n suave°� SCALE: I"=20' 50 DEEROW (978) 683-2645 SITE ¢ MAHAN, JAMES 20 NO. AND R, Area-0.23 ac WWW.FRANKGILESSURVEY.COM Book 5919, Page 3 30 JUNE 4,2002 UNITY AVE ZONING DISTRICT R-4 PLAN OF LAND MTN AREA= 12,500 SF LOCATION LOCUS MIN. FRONTAGE = 100 FT NTS MIN. FRONT SETBACK = 30 FT 3 9 ADAMS AVENUE MIN SIDE SETBACK= 15 FT NORTH ANDOVER, MA MIN REAR SETBACK = 30 FT PREPARED FOR z JAMES MAHAN PARCEL 16 045.B-0016 6 MARTIN AVENUE KFOURY,ERIC J GLADI A KFOURY BK. 5058,PG. 119 S 11000'E 100' v100.0' w z 32.5' W PARCEL 34 PORCH 40' MAP 4s.G, 14' PARCEL 34 39 ADAMS AVE BURKE,SEAN Area=0.23 Q Book 5539,Page 297 PARCEL 17 W 045.G-0017 o a 0 ci W o 3 H o C� II p Q 0 MARTIN AVENUE � oo C7 w o 3 Z DIFILIPPO, GABRIEL V d U MARY E DIFILIPPO11 Z � BK. 5922, PG. 334 W a 39 5' 2F.5' z o E—' LOT 129 & 130 � - -- -- --•--- -- - PARCEL 18 - N - AREA=10,000 N 100' 100.0' N 11°00'W w w PARCEL 33 MAP 45G,PARCEL 33 s2 ADAMS nvENUI PARCEL 55 PARCEL 19 H MANOS, 045.G-0055 045.G-0019 z PATRICIA&JAMES 51 ADAMS AVENUE Area=0.34 ac 30 MARTIN AVENUE p Book 3135,Pg. 349 DIF'ILIPPO, GABRIEL V&MARY E LONG,DEBRA ALAWLOR&MICHAEL BK. 3361, PG. 73 BK. 2338,PG. 2 F w 0 0 UNITY AVE PROPOSED ADDITION NORTH ANDOVER i1RE - 456 S [ BOARD OF APPEALS THIS IS TO CERTIFY THAT 1 HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE ,, ISI ING BM -DING REGISTERS OF DEEDS IN PREPARING THIS PLAN ZN REGISTRY OF DEEDS USE ONLY. * PROP. ]IV, G111 = 17 FT THE PROPERTY LINES SHOWN ARE THE EXIST. FIF161 IT 17 TT LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN ADDITION ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO --- - - 1 NEW LINES FOR DIVISION OF EXISTING 17' 11-5' EXISTING; 5, 17' OWNERSHIP OR NEW WAYS ARE SHOWN. BUILDING DATE OF FILING: TiI�ES P.L.S. SIDE VIEW FRANK.. C , NTS DATE OF HEARING: J 1JNE 4 2002 DATE OF APPROVAL: DATE: C:\CLIENTS\MAHAN\VARIANCE.DRG FRANKS. GILES, P.L.S. DATE: vl, NOF"f4ss JUNEa, 2002 SCOTT L. GILES o FRANK _ G REVISIONS: FRANKS GILES MASS w SUBJECT PROPERTY GI No.. 1 MAP 45G, PARCEL18 �q oNSURVEYING r SITE � �9 ADAMS AVENUE � $S1 0� SCALE: 1"=20' 50 DEERMEADOW ROAD No suavE MAHAN JAMES NO. ANDOVER,Area=0.23 ac �� R, MA 01845 (978) 683-2645 Book 5919, Page 3 30 JUNE 4,2002 WWW.FRANKGILESSURVEY.COM UNITY AVE ZONING DISTRICT R-4 PLAN OF LAND LOCUS MIN AREA = 12,500 SF LOCATION NTS MIN. FRONTAGE = 100 FT MIN. FRONT SETBACK = 30 FT 39 ADAMS AVENUE MIN SIDE SETBACK = 15 FT MIN REAR SETBACK = 30 FT NORTH ANDOVER, MA PREPARED FOR JAMES MAHAN PARCEL 16 045.B-0016 6 MARTIN AVENUE KFOURY, ERIC J GLADI A KFOURY BK. 5058, PG. 119 100' S 11000, 1- 100.01 100.0' :;+ w 2 40' _PORCH w PARCEL 34 00 14' ✓ MAP 45.G, PARCEL 34 38 ADAMS AVE Z BURKE,SEAN PARCEL 17 Q a, Area=0.23 Book 5538, Page 297 w 045.G-0017 0 O o Z 0 MARTIN AVENUE o DIFILIPPO, GABRIEL V z C7 N DO 3 Q W ❑ cD 0 3 MARY E DIFILIPPO0 d BK. 5922, PG. 334 a O � Z 39.5' W� 28 5' w 33 w �/ _ o LOT 129 & 130 PARCEL 18- AREA=10,000 100' Cly 100.0' N I 1000, W w Q PARCEL 33 PARCEL 55 PARCEL 19 ¢ MAP 45G,PARCEL 33 52 ADAMS AVENUE 045.G-0055 045.G-0019 MANOS, 30 MARTIN AVENUE 51 ADAMS AVENUE ,� PATRICIA&JAMES DIFILIPPO, GABRIEL V& MARY E LONG, DEBRA A LAWLOR&MICHAEL O Area=0.34 ac BK. 3361, PG. 73 BK. 2338, PG. 2 1 , Book 3135,Pg. 348 E~ w 0 0 UNITY AVE PROPOSED �1�D� 110� NORTH ANDOVER A R L456 S.1'- BOARD OF APPEALS *EXISTING f3l_ li_D1tiG THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE 13SS S.1 F. REGISTERS OF DEEDS IN PREPARING THIS PLAN PROP. 11[ 1(i I_1T 1 7 1:T REGISTRY OF DEEDS USE ONLY. 111:161-1"I' - 17 1- 1 THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXISTING OWNERSHIPS,AND ADDITION THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS 1 1 I OR WAYS ALREADY ESTABLISHED,AND NO 17' j 5' EXISTING117' NEW LINES FOR DIVISION OF EXISTING L BUILDING i l.s OWNERSHIP OR NEW WAYS ARE SHOWN. 16' SIDE VIEW DATE OF FILING. y, NTSDATEOF HEARING: 'FRANK,. GILES, P.L.S. J lE 4 2002 DATE OF APPROVAL: DATE: C:\CLIENTS\MAHAN\VARIANCE.DRG