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HomeMy WebLinkAboutMiscellaneous - 40 MARBLERIDGE ROAD Town of North Andover N°RrM Office of the Zoning Board of Appeals �? •`a * ''°°p Community Development and Services Division t 27 Charles Street North Andover,Massachusetts 01845 'ss�cNusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 13"'of January, 2004 at 7:30 PM to all parties interested in the appeal of Robert C. & Susan I Kochalaan,40 Marbleridge Road requesting a Variance from Section 7, Paragraph 7.3 &Table 2 for a side setback; and a Special Permit from Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw in order to construct an addition and deck to a pre-existing dwelling on a pre- existing, non-conforming lot.. The said premise affected is property with frontage on the East side of Marbleridge Road within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on December 29, 2003 &January 5, 2004. v Cry Legalnotice 2003-045 M37AP31 �- __j t Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 F Town of North Andover f �►ORTH o �*..° , wv Office of the Zoning Board of Appeals F? _ ._,. . °A Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'SSACNusEt 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 2004 date of filing of this notice in the office of the Town Clerk. Property at: 40 Marbleridge Road NAME: Robert C.& Susan V.Kochakian HEARING(S): January 13,2004 :! w ADDRESS: 40 Marbleridge Road PETITION: 2003-045 ct� North Andover,MA 01845 TYPING DATE: 1/14/04 lU The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,the 13'h of January 2004 at 7:30 PM in the Senior Center, 12OR Main Street,North Andover upon the application of Robert C.&Susan J Kochakian,40 Marbleridge Road requesting a Variance from Section 7, Paragraph 7.3 &Table 2 for a side setback;and a Special Permit from Section 9,Paragraphs 9.1 &9.2 from the Zoning Bylaw in order to construct an addition and deck to a pre-existing dwelling on a pre- existing,non-conforming lot. The said premise affected is property with frontage on the East side of Marbleridge Road within the R-1 zoning district. Published in the Eagle Tribune on December 29,2003& January 5,2004. The following members were present: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard D.Byers. Upon a motion by Joseph D.LaGrasse and 2d by Ellen P.McIntyre,the Board voted to GRANT a Variance from Section 7,Paragraph 7.3 and Table 2 for relief of the South side setback of 5.31' in order to construct the proposed 2 story addition and deck;and GRANT a Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to construct the proposed 2 story addition and deck onto a pre-existing dwelling on a pre- existing,non-conforming lot per Plan of Land in North Andover,MA.Prepared for owner/applicant Robert &Susan Kochakian,40 Marbleridge Road,North Andover,MA,Date:December 1,2003 by Stephen E. Stapinski,R.L.S.#29876,Merrimack Engineering Services,66 Park Street,Andover,Massachusetts 01810 and Addition&Renovations to:Kochakian Residence,40 Marbleridge Road,North Andover,MA 01845, by Daniel J. Parker,A.I.A., 115 Colby Street,Bradford,MA 01835,[undated revision showing 32'addition height],pages A4&A5. Voting in favor:Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard D. Byers. 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,and satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood,as stated in the applicant's petition signed by several abutters. Page 1 of Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover t NORTp , Office of the Zoning Board of Appeals F? • °A Community Development and Services Division r; 27 Charles Street n° North Andover,Massachusetts 01845 c►iugEt D. Robert Nicetta Telephone(978)688-9541 Building 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-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, Walter F. Soule,Acting Chairman Decision 2003-045 M37AP31 Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover tRr� Office of the Zoning,Board of Appeals L Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 ''Sg,K ,sL D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 CT L. Any appeal shall be filed Notice of Decision = _ within(20)days after the Year 2004 �r- = c; date of filing of this notice r in the office of the Town Clerk. Property at: 40 Marble Road � NAME: Robert G&Susan V.Kocholdan HEARIlVG(S): January 13,2004 ADDRESS:40 Marbieridge,RoadPETFI` ON: 2003-045 U j North Andover,MA 01845 TYPING DATE_ 1/14/04 The North Andover Board of Appeals held a public hearing at its regular meeting m Tuesday,the 13`h'of January 2004 at 7:30 PM in the Senior Center, 12OR Main Street,North Andover upon the application of Robert C.&Susan J.Koebaluan,4*Marbleridge Road requesting a Variances from Section 7, Paragraph 7.3&Table 2 for a side setback;and a Special Permit from-Section 9,Paragraphs 9.1 &9.2 #. from the Zoning Bylaw in order to construct an addition and deck to a pre-existing dwelling on a pre- existing,non-conforming lot. The said premise,affected is property with frontage on the East side of Marbleridge Road within the R-1 zoning district. Published in the Eagle Tribune on December 29,2003& January 5,2004. The following members were present: Walter F.Soule,Ellen P.McIntyre,Joseph D_LaGrasse,Jae E. Smith,and Richard D.Byers. Upon a motion by Joseph D.LaGrasse and 2°d by Ellen R McIntyre,the Board voted to GRAFT a Variance from Section 7,Paragraph 7.3 and Tablet for relief of the South side setback of 5.31'in order to construct the proposed 2 stony addition and deck;and GRA Nr a-Special Permit from Sec>9,Paragraphs . 9.1&92 in order to construct the proposed 2 story addition and deck onto a pig dwelling on a pi-e- existing,non-conform mg lot per Plan of Land in North:Ate,MAA..Prepared hr owner/applicant Robert &Susan Koc«hakian,40 Marbleridge Road,North Andover,MA,Dam December mbear 1,2003 by Stephen E.. Stapinski,R-L_S.#29876,Mw-imack Engineering Services,66 Park Street Andover,Massachusetts 01810 and Addition&Renovations to-K chalu m Residcvcc�40l6rbierxlge Road,Nc>ffib Andover;MA 01845, by Daniel J_Parker,A.I.A, 115 Colby Stmt,Bradford,MA 01835,[uudatel revision showing 32'addition height],pages A4&A5. Voting in favor.Walter F_ Soule;Ellen P.MchAyM Joseph D LaGwasse;Joe E.Smith,and Richard D. Byers- The Board finds.that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the grating of this Variance,will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw,and satisfied the previsions of Section 9,Praph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detruncu al than the existing structure to the neighborhood,as stated in the applicant's petition signed by several abutters. Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9534 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 Telephone(978)688-9541 D. Robert Nicetta Fax(978)688-4542 Building Commissioner Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commented,it shalt lapse and may be re-established only after notim and a new hearing. s Town of North Andover Board of Appeals, Walter F.Soule,Acting Chairman Decision 2003-045 M37AP31 Page 2 of 2 I E 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: t 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 fora 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 1 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 bythe 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 attomey. In the absence of Board of Appeals for a Variance. All information as any'appearance without due cause on behalf of the i 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. r 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 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 Q#ice. Office a certified list of Parties in Interest (abutters); C7 r. t > IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department Page 2 of 4 Application for a VARIAN C E r � r Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Robert C Kochakian and Susan V.-Kochakian 40 Marbleridge Road, North Andover, MA 01845 978-688-6079 *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: Robert C Kochaki a_n and Susan V Kochaki a 40 Marbleridge Road, North Andover, MA 01845 978-688-6079 Years Owned Land: 6 Years ( 1997 3. Location of Property: a. Street:40 Marb1 eri dae Road Zoning District R-1 b. Assessors: Map number 37A Lot Number: 31 c. Registry of Deeds: Book Number 4915 Page Number: 250 4. Zoning Sections under which the petition for the Variance is made. Section 7, Paragraph 7.3 Yard Setback and Table 2 of the Zoning By-law 'Refer to the Permit Denial and Zoning By-Law Phan Review as supplied by the Building Commissioner 5. Describe the Variance request Applicants will seek a variance from the required side line set back i in order to'construct a 2 story addition and deck on their existing single family residence. *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.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 lots 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. 34,967 n/a n/a % 8.3' n/a OK OK 5.31 OK (Addition) �r ado 3.39 OK (Deck) Page 3 of 4 Application for a VARIANCE n � 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 52,153 -- -- % 166.70 - 217.4 30.3 24.69 150+/- (Addition) 26.61 (Deck) C. Proposed Lot (S): NOT APPLICABLE 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 E I t I d. Required Lot: (As required by zoning By-Law) Lot Area Open Space Percent tot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear € 87,120 n/a n/a % 175 n/a 30 30 30 30 i 7. a. Existing Buildings: I Ground Floor Number of Total Use of E Square feet Floors Sq. feet Building" 2286.5 ft2 2 4573 ft Residential *Reference Uses from the Zoning By-Law.State number of units in building. I b. Proposed Buildings: Ground Floor Number of Total Use of Square feet FloorsSq.feet Building" Addition 386.80 ft 2 773.60 ft2' Residential Deck 282.50 ft 1 282.50 fty Residential '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 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 ail 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 dis i the Zoning Board of 's application as incomplete. Signature 4�; /�a2 Type above name ( here -89 some N&Ana1ax,MA tn80 PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for 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. g 9 Names/addnesses/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: Major may be given without nullifying or substantially Ma j 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 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. G 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) 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. to I?- Zoning Bylaw Review Form stir^ na Town Of North Andover Building Department lqPPL1e4kA- 27 Charles St. North Andover, MA. 01845 a"RVTsc hip,.�� AC67[956K Phone 978=688-9545 Fax 978488-9542'' Street:. . Q q 2 lel2 r ,.. _. . Ma /Lot: a9 Pv I Applicant: a i vest: 1`Z' c �r�{- �- .�s .+� Re q Date: I Please be advised that after review of your Application and Plans that your Application is DENIED for tw4ollowing Zoning Byla*reasons: Zoning " Item Notes Item.., Notes A Lot Area F - Frontage` 1 Lot area Insufficient 1 ; Frontage=Insufficient 2 Lot Area Preexisting - `i v—P s 5 2' -Frontage'Complies 3 Lot Area Complies " 3 Pre6xistj- "frontage 3. Ll e S 4 Insufficient Information 4 Insufficient Information B Use 5 " Na access'over Frontage 1 Allowed K G Corlltiguous Building Area a` 2 Not Allowed 1 '. Insufficient Area 3 Use Preexisting 2 '` Complies 4 Special Permit Required a S`" 3 1 Preexisting CBA K Si 5 Insufficient"Information 4 1 Insufficient`Information C Setback R' 'Building Height 1 All setbacks comply P Y 1 Height Exceeds Maximum 2 Front Insufficient 2' Complies' 3 Left Side Insufficient 3 Preexisting Height �{ S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient tie S ` 1 Building Coverage 6 Preexisting setbacks) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient'Information 2 In Watershed [ C, j Sign A 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked- below. Item # Special Permits Plannin ;Board Item* Variance Site Plan Review Special Permit Setback'Variance Access other than Frontage Special Perrihif Parking Variance. ...Frontage Exception LotSpecial Permit Lot Area Variance Common DrivewaySpecial Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retiremeint'Special Permit Special Permits Zoning Board --Independent Elderly Housing Special Permit Sp ecial Permit Non-Conforming Use ZBA Large Estate Condo S ecial Permit Earth Removal Special:Permit ZBA Planned Development District S ecial Permit Special Permit Use not-Listed but Similar Planned Residential Special Permit Social Permit for Sian R-6 Density Special Permit Special permit for preexisting �--o� Watershed Special Permit nonconforming 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 Any inaccuracies,misleading information,orother subsequent Builds g Department.The attached document titled"Plan Review Narrat' r this review to be voidedere at the discretion of the by references to e. The information department wiby ll retain retainl'all�lans and documshall be snt�e"shall be attached hereto and incorporated herein y n9 P p e.w tion for the'above file.You must file a new permit application form and begin the permitting process. uil mg Department Official Signatfe Application Received A lication enied PP Plan Review Narrative The following narrative is provided to further explain.the„rea;ons for DRNIAL for the APPLICATION for the property indicated on the reverse side: n 7—h Po vq Gj -c c ?`Zoe C` 5 e t,et j 7-�5 Ole v /A Ntir ^--5. t3 c� e4 W 1 r N 7`'Tt 1.�/A- eR S A S � . Is � 3 f, .. Referred To: Fire Health Police Zonin' Board Conservation De artment A Public Works Planning Historical commission Other Building Department,- MEMORANDUM Applicants: Robert C. and SusanV. Kochakian 40 Marbleridge Road North Andover, MA O1845 The Applicants, Robert C. Kochakian and Susan V. Kochakian husband and wife, reside in the single family residence located at 40 Marbleridge Road, North Andover, MA which they purchased on December 11, 1997. The Applicants want to construct a two (2) story addition along with a first floor wood deck on the rear side of their residence. The existing house is a pre-existing non-conforming structure resulting from an increase by the Town of North Andover, of the required area and frontage in an R-1 zoning district. The applicants seek a Special Permit for the pre-existing non- conforming structure as well as a Variance of approximately 5.31 feet (addition) and 3.39 feet (deck) from the sideline requirement of the Zoning By-Law in order to construct the addition and the deck. The use is in harmony with the general purpose and intent of the Zoning By-Laws and desirable relief may be granted without substantially derogating from the intent or purpose of the Zoning By- Law BK 4915 PG 250 DIED -David A. Kindred, -Trustes of .Tho 40 Karbler-idge Road Trust, formerly The -Kindred r1mily Trust, u/d/t dated September 23, 1982 and -recorded with the Zssex North District Registry -of Deeds, Book 16100 Page 75 FOR CONSIDMtATION PAID, and in full consideration of Four Hundred Eighty-Five Thousand and 00/10-0 Dollars ($485,008.00) GRANTS TO: -Robert C. •Kochakian and Susan y. Kochakian, husband and wife as tenants by the entirety of 1-45 Forest Street, North Andover, Massachusetts wjTS QUITCLAIK COVEKhVTS The land with the buildings thereon situated on V*arbleridge Road in North Andover, Essex County, commonwealth of Massachusetts -and shown -as Lot 7A -on a plan entitled "Plan of lAnd in North Andover, Mass. , for Marbleridge Ilevelopsent Corp.", Scale 1"-401 , dated July 2, 1984, -which is recorded with the Essex North District Registry of Deeds as Plan No. 9509 and to which said plan and the reference thereto reference is hereby made for a more complete description of said -Lot 7A. Being the sane premises convexed to the Grantor by deed of David A. Xindred and Brenda Kindred dated April 5, 1985 and recorded with sab Registry -of Deeds, Book 1960, Page 195. WITNESS my hand and seal this 11th day of December, 1997. -The 4-0 Marbleridge Road Trust V o � By: KlIngreca, Truse COMMONWEALTH OF MASSACHUSETTS ESSEX, as: December 11, 1-397 .6 Then personally appeared the above-named -David A. _Kindred, Trustee -of The 40 *arbleridq oad Trust and acknowledged the foregoing ins t .be hi$ free act and deed, before as phi-liI p -Mea, Notary Public My 3comnission expires: 8/23/-2002 _. ,. . .. DEC PA KOKE.D/A r,r•r•tiY� ff i'W;r i �{ Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing 3EQU/REMENT• MGL 40A,Section f t states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property MAP PARE NamedA dress 037-A 31 Robert Kochakian 40 Marbleridge Road No Andover, Ma 01845 Abutters Properties Maw Parcel NamedA dress 37-A 10 JMB Realty Trust 325 Great Pond Rd No Andover, MA 01845 37-A 11 Luis Lopez-Algarra 2 Marbleridge Rd No Andover, MA 01845 37-A 12 Roger La Fauci 16 Marbleridge Rd No Andover, MA 01845 37-A 14 Barbara Young 55 Marbleridge Rd No Andover, MA 01845 37-A 30 Anthony Longo 28.Marbleridge Rd No Andover, MA 01845 37-A 32 Paul Theberge 52 Marbleridge Rd No Andover, MA 01845 37-A 33 David Hudson 143 Castlemere Place No Andover, MA 01845 37-A 41 Robert Cuomo 45 Castlemere Place No Andover, MA 01845 37-A 42 Daniel Loranger 65 Castlemere Place No Andover, MA 01845 37-A 43 Mario Cavallaro 89 Castlemere Place No Andover, MA 01845 37-A 44 Paul Calvo 115 Castlemere Place No Andover, MA 01845 37-C 11 Kingfish Trust 11 Marbleridge Rd No Andover, MA 01845 37-C 12 Stephen Lannan 41 Marbleridge Rd No Andover, MA 01845 37-C 51 Lawrence Rentz 71 Marbleridge Rd No Andover, MA 01845 37-C 56 Kingfish Trust 0 Great Pond Road No Andover, MA 01845 Date Page of Corti Board esso North Andover TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE and REQUIREMENTS STEP 6:SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a 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 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 8: PUBLIC HEARING BEFORE THE ZONING STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and BOARD OF APPEALS::. receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be After the hearing, a copy of the Board's decision will be completed. sent to all parties in interest. Any 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- 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 ]J North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Robert C. Kochakian and Susan V. Kochakian 40 Marbleridge Road, North Andover, MA01845 978-688-6079 `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: Robert C, Kochakian and Susan V. Kochakian 40 Marbleridge Road, North Andover, MA 01845 978-688-6079 Years Owned Land: 6 3. Location of Property: a. Street: 40 Marbieridge Road Zoning District R-1 b. Assessors: Map number -�7A Lot Number: -41 c. Registry of Deeds: Book Number 4915 Page Number: 250 4. By-Law Sections under which the petition for the Special Permit is made. Section 9, Paragraphs 9.1 and 9.2--Extension or Enlargement of a Pre-existing non-conforming structure *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Applicants request a special permit in order to construct a two (2) story addition and wood deck on the rear side of their residence. The residence is a pre-existing, non conforming structure due to increase in the Zoning By-Law regarding area and frontage. "The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing`Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 52,153 ft - -- % 166.70 -- 217.4 60 ft 24.69' 150+/- (Addition) 26.61' (Deck) b. Proposed Lot (S): NOT APPLICABLE E Lot Area Open Space Percent Lot Frontage Parking ' Minimum Lot set Back I Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear l c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage ParkingMinimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A ' Side B Rear 87,120 ftp na na % 175 na 30 30 30 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units _2F286.5� 6.5 ft 2 457 ftp Residential *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 Addition 386.80 ft 2 773.60 ft Residential Deck 282.50 ft 1 282.50 ftp Residential *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 farm 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 Bo d Rules and Re ulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature i Type above names here 89 Main Sold A No.Andover,MA 01845 PAGE 4 OF 4 Application for a SPECIAL PERMIT �.. 9. WRITTEN DOCUMENTATION' Application for App 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 based on 1. Northpoint Y MGLA ch. 40A, sec. 9 of the North Andover ZoningBy-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, easements 2. The specific site is an appropriate location for such B. Legend 8 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 vehicles o 2. Existing features to be removed in dashed lines r pedestrians.P 4. Adequate and appropriate facilities will be provided for 3. Graphic Scales4. Date of Plan the proper operation of the proposed use. 5. 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 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. Pians 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$50.00per application. b) Plan prepared by a Registered Professional Engineer SM 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. r �iHrh Zoning Bylaw Review Form '�'� t ��K w try Town Of North Andover Building Department A PPL ICA k,/�- 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: ® A z - to 21 . Map/Lot: a 3 Applicant: -Ro �e r,4-_ o-S s a a Request: 5 Ia+- mar ,a taw4- 1a'-f-:D Date: 01 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 y S 2 Frontage Complies 3 Lot Area Complies 3 1 Preexisting frontage e 5 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building.Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA S • 5 Insufficient information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height t s 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient tie 5 1 Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting t{•e ,S 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign A 3 Lot prior to 10/24{94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking A 1 in District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 insufficient Information 4 I-P— re-existing Parkin Remedy for the above is checked-below. Item # Special Permits Planning Board Item # Variance • Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housin S ecial 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 Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar PlannPri Residential Sbeciel Permit Snpcial Permit for Sinn R-6 Density Special Permit Special permit for preexisting nonconforming �-oZ 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 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 Revs 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 permit application form and begin the permitting process. / a CCS_ 8 ®3 uil ing Department Official Signa* Application Received Application Denied i Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: a _ P F—C/rQ PPS /s -C G zaA.J C- 5- .4r! an,�lc -r— )eea 10 /70 00sed A ad,Ad A J 3©� /s r,-,y n�� S�rve. �o.✓ _/ J s- c- �3 Referred To: • Fire Health Police �G Zoning Board Conservation Department of Public Works Planning Historical Commission Other Building Department MEMORANDUM Applicants: Robert C. and SusanV. Kochakian 40 Marbleridge Road North Andover,MA 01845. The Applicants, Robert C. Kochakian and Susan V. Kochakian husband and wife, reside in the single family residence located at 40 Marbleridge Road, North Andover, MA which they purchased on December 11, 1997. The Applicants want to construct a two (2) story addition along with a first floor wood deck on the rear side of their residence. The existing house is a pre-existing non-conforming structure resulting from an increase by the Town of North Andover, of the required area and frontage in an R-1 zoning district. The applicants seek a Special Permit for the pre-existing non- conforming structure as well as a Variance of approximately 5.31 feet (addition) and 3.39 feet (deck) from the sideline requirement of the Zoning By-Law in order to construct the addition and the deck. The use is in harmony with the general purpose and intent of the Zoning By-Laws and desirable relief may be granted without substantially derogating from the intent or purpose of the Zoning By- Law Bks 4915 PG 250 DEED 'David A. Kindred, Trustee of -The -40 Marbleridga Road Trust, formerly The -Kindrod Family -Trust, u/d/t dated September 23, 1982 and recorded with the Zssex North District Registry Vf Deeds, Book 1610, Page 75 FOR CONSIDERATION PAID, and in full consideration of Four Hundred Eighty-Five Thousand and 00/100 Dollars ($485,0010.00) GRANTS TO: -Robert C. -Koehakian and Susan -'V. Kochakian, husband and wife as tenants by the entirety of 145 Forest Street, North Andover, Massachusetts WITU QUITCLRM COVZOMs The land with the buildings thereon situated on ltarbleridge Road in North Andover, Essex County, Commonwealth of Massachusetts -and shown -as Lot 7A. -on a plan entitled "Plan of lAnd in North Andover, Mass., for Marbleridge movelopment Corp.", scale 1"-40' , dated July 2, 19844 -which is recorded with the Essex North District Registry of Deeds as Plan No. 9509 and to which said plan and the reference thereto reference is hereby made for a more complete description of said -Lot 7A. Being the same premises conveyed to the Grantor by deed of David A. Xindred and Brenda Kindred dated April 5, 1985 and recorded with' sai( Registry -of Deeds, Book 1960, Page 195. WITNESS my hand and seal this lith day of December, -.997. -The 4fl Marbleridge Road Trust By. DWId X. KlIngred, Trustme COMMONWEALTH OF MASSACHUSETTS ESSEX, ss: December il, 1997 %6 Then personally appeared the above-named "David A. D -Kindred, Trustee -of The 40 *arbleridg oad Trust and acknowledged the foregoing ins t .bs his free act and deed, before :me A6a&, o dry Bu c © My 3commiss ion expires: 8/23/-20-02 DEC 12!97 PA KOREJUJM P t 48 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT.• MGL.40A,Section t1 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 037-A 31 Robert Kochakian 40 Marbleridge Road No Andover,Ma 01845 Abutters Properties Map Parce/ Name Address 37-A 10 JMB Realty Trust 325 Great Pond Rd No Andover, MA 01845 37-A 11 Luis Lopez-Algarra 2 Marbleridge Rd No Andover, MA 01845 37-A 12 Roger La Fauci 16 Marbleridge Rd No Andover, MA 01845 37-A 14 Barbara Young 55 Marbleridge Rd No Andover, MA 01845 37-A 30 Anthony Longo 28,Marbleridge Rd No Andover, MA 01845 37-A 32 Paul Theberge 52 Marbleridge Rd No Andover, MA 01845 37-A 33 David Hudson 143 Castlemere Place No Andover, MA 01845 37-A 41 Robert Cuomo 45 Castlemere Place No Andover, MA 01845 37-A 42 Daniel Loranger 65 Castlemere Place No Andover, MA 01845 37-A 43 Mario Cavallaro 89 Castlemere Place No Andover, MA 01845 37-A 44 Paul Calvo 115 Castlemere Place No Andover, MA 01845 37-C 11 Kingfish Trust 11 Marbleridge Rd No Andover, MA 01845 37-C 12 Stephen Lannan 41 Marbleridge Rd No Andover, MA 01845 37-C 51 Lawrence Rentz 71 Marbleridge Rd No Andover, MA 01845 37-C 56 Kingfish Trust 0 Great Pond Road No Andover, MA 01845 Date Page of Citi I b Board e98o North Andover