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HomeMy WebLinkAboutMiscellaneous - 55 PILGRIM STREET a► - Town of North AndoverM°RT#1 Office of the Zoning Board of Appeals Community Development and Services Division � i +x 27 Charles Street "' .• - .w.�° ' 1.°I+ North Andover,Massachusetts 01845 'ss„«,uus� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 55 Pilgrim Street NAME: John Callamaro HEARING DATE:December 9,2003 ADDRESS: 55 Pilgrim Street PETITION: 2003-042 North Andover,MA 01845 TYPING DATE: 12/11/03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,December 9, 2003 at 7:30 PM upon the application of John Callamaro,55 Pilgrim Street,North Andover,MA, requesting a Variance from Section 7,Paragraph 7.3 and Table 2 for a side setback,and a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw to extend a non-conforming,pre-existing structure on a non-conforming lot in order to add a family room and a bulkhead.The said premise affected is property with frontage on the North side of Pilgrim Street within the R-4 zoning district. Published in the Eagle Tribune on November 3 & 10,2003. Only the legal notice was heard at the November 18,2003 meeting. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. winiam J.Sullivan chaired but did not vote. Upon a motion by John M.Pallone and 2nd by Ellen P.McIntyre,the Board voted to GRANT a Variance from Section 7.3 and Table 2 for relief of 1' on the north side setback,6'from the rear setback,and 3' from the front setback;and GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to construct a family room,and a ground-level bulkhead on a pre-existing,non-conforming structure on a non-conforming lot per Plan of Land location 55 Pilgrim Street,North Andover,MA prepared for John Callamaro,Date:October 8,2003,[by]Frank S.Giles 11,P.L.S.#49793,Scott L.Giles Frank S.Giles Surveying,50 Deermeadow Road,North Andover,MA 01845 and Renovations to 55 Pilgrim Street North Andover,Massachusetts,9.23.2003 A2 Schematic,7.19.2003 A3 Draft,and 7.19.2003 A6 Draft on the following condition: 1. The proposed addition's height will be no greater than the existing dwelling's 18'height. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J. Byers. r The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zarring Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate the intent and purpose of the Zoning Bylaw because the proposed addition requires 1'of Variance;and - satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extensiolv6r :Z r` alteration shall not be substantially more detrimental than the existing structure to the neighborhood> c''" Pagel of 2 -1 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover a NORT►� Office of the Zoning Board of Appeals Community DevelopmefiftWServices Division • 27 Charles Street North Andover,Massachusetts 01845 c►wgEt 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 Iapse,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, LI — William Jivan,Chairman Decision 2003-042 M31P44. 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 �oRrH Oftt Eo`�1k Office of the Zoning Hoard of Appeals Community Development and Services Division 27 Charles Street 4 ,w North Andover,Massachusetts 01845 ss04 CH�s D. Robert Nicetta Telephone(978)688-95 Building Commissioner Fax (978)688-9: Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01 845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a ariance S tial P t Comprehensive Permit (40B) Finding P �> �.J for property located at: D STREET: LO = ` TOWN: V I �I ���(�e✓ yr TO MEETING DATE(S): 6 e c e �Lov NAME OF PETITIO R: ___ n C g M Q r D Signed: P titi er (or petitioner's representative) WAIVER 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 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(abutte rs) and be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is notified that the legal notice has been-prepared and the prior to the first public hearing. failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPERIPARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the C)ffce requirements listed in the Zoning BoardRules 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 jhe 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 fort to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information I as required in items 1 through andincluding 11 shalt be STEP 9: DECISION: completed. After the hearing, a copy of the Board's decision will be sent to all patties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may tie 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 tO: RECORDING CERTIFICATE OF DECISION STEP 4: SUBMIT APPLICATION: PLANS. Petitionersubmits one (1)original of all the required The petitioner is responsible for recording certification of information and 10 xerox copies to the ZBA Secretary_ the decision and any accompanykV plans at the Essex ` The original will be stamped by the Town Clerk 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 shalt complete the Certification of [ Appeals secretary. Recording forrrii and forward it to the Zoning Board of Appeals acid the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST.- Once NTEREST:Once the petitioner submits all at the required information,the petitioner requests.from the Assessors Office a certified list of Parties in Interest(abutters). ag IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department OCT 2 3 2003 978-688-9541 Zoning Board of Appeals Office BOARD OF APPEALS PAGE 2 OF 4 gate&Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONINGBOARD OF APPEALS —_ 1. Petitioner: Name, address and telephone number: CC Jo H N C A t.t KA QX S' Pl L.G&I M ST"e r N ora -H AKD 0 UP O t. P,qs' 918-cps t0 - to a63 The petitioner shall be entered on the legal notice and the decision as entered above. f. Owners of Land: Name, Address and Telephone number and number of years under this amership: JOHN C a-11 a K,a►rD 65 P1 Lu e.iNl STrzc€-' No&T" AwooOe e. Iq 4 Ot564. Mears Owned Land: Location of Property: a. Street: 5 Pf L0,P-1 M .S-r Zoning District R 4 b. Assessors: Map number j Lot Number: Lj q c. Registry of Deeds: Book Number H 9-7-`/ Page Number 2Z.6 i By-Law Sections under which the petition for the Special Penrdt is made. M6LA o., R &C- to fer to the Permit Denial and T_orung By-Law w P"W Re*ww as wed by the Buimwa camnissiew. Descfta dw Sprciat�Penv*request 56!� .sok i4-rw�llt Rt!o%),TA Foy pa► ce< <s a bit.-Q,�cr�`�-,,�.d �1c�.i Ct���°fr wn�,nr•, i above description shall be used for the purpose of the legal notice and decision. A more detailed description is ired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. 8 Page 3 of 4 Application for a SPECIAL PERMIT t �"�Jr'.�-���.,�c,.s; .�; �,.vr«' ��'sa'•. H x - .. ,; _ �:.a. � ';�r � .�az'��K NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sa�Ft. Co'e,�age Feet Spaces Front Side A Side B Rear ?isoN N % 76.LI !r —Ir 10 k % 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 % 76 ZS a -27 iS �y Zy 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 12,5-00 �� % 7S Z 3o .5 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Buitding' of Emits $ O 3 /?00t`s�/��ni ri�tC... CJ *Reference Use Code numbers and Uses front the Zoning By4.aw€ Sh to number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Finis Sq.feet Boifding'. of Unft 23 y 3 20ge"s torr ai.�t..- / *Reference use Code numbers and Uses from the ZoningOedicmme. Safe number o€units in:buildic . 8 P�eti�ionalltd Lal�d�ls Euer}r app ion for a speq�Pert-.s be atn the f is t ojficW f0=of t?W Zrnit sr of Appeals. Ev ' a r i ef. I , nertc� ppe cry pptication shah"bei Tam cam= s rtr, furnish all supporting documentatiort vii this applicatfDa. The dated.copy ofh�s`tapplication received by the Town Gterk 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 resultin a dismissal by the Zoning Board of this application as incomplete. Si nature Type above-name (s} here j H lU C.A UL,,A 20 PAGE 4 OF 4 Application for as P E C LA L PER-M-IT w 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 of a Special Permit when the following points, based on A. Site Orientation shall include: MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 1" North Pow 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 below points individually is required with this 4- wetlands to be shown on plan (if applicable) application. 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 1. The articular use 50'from applicants proposed structure p proposed for the land or structure. 7. deed restrictions, easements 2. The specific site is an appropriate location for such use, structure or condition. B. Legend$Graphic Aids: 3. There will be no nuisance or serious hazard to 1. Proposed features in solid lines&outlined in red vehicles or pedestrians. 2. Existing features to be removed in dashed lines 4. Adequate and appropriate facilities will be provided for 3. Graphic Scales the proper operation of the proposed use. 4. Date of Plan 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, of recon, and designer or required by the particular specialsurveyor. 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 shalt 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 interior of building Each application to the Zoning Board of Appeals shall be application involves new connsttrucction/conversioneand/or a accompanied by the following described plan. Plans must l�p�cha esubmitted with this application to the Town Clerk's in Enation plans for minor )ffice and ZBA secretary at least thirty(30)days prior to Projects including dears,sheds,&garages shall be re public hearing before the Zoning Board of Appeals. included with a side view depicted on the plot plan, which include a ground level elevation D A. Major Projects 11.APPLICATKNII Flt MIG FEES ajor projects are those which involve one of the following ,)ether existing or proposed:a)five or more parking A. Notification Fees:Applicant is to send by certified ►aces, b)three or more dwelling units,and mail all legal notices to all abutters,and then 2000 square fleet of building area. supply proof Of madlk to ZBA secretary. Applicant is inor projects that are less than the above limits shall to supply stamps(appropriate current postage)for wire only the plan information as indicated with mailing of decislom toall parties of interest as terisks ) in some cases further information may be identified ire MGLA ch.40A in sec. 11 as fisted on the iuired_ pPk2tion-ZBASeer wig Sewith compute number of stamps B. Applicant is to supply one(1)set of addressed B. Pian Sped:ifications: labels of abutters to ZBA Secretary who will mag Size of plan: Ten (10)copies of a plan not to exceed decisions to abutters and parties in interest. 11"xi 7", preferred scale of 1"=4W C. Administrative fee of$50.00 per a kation. 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. .Mor+rM A - _ �. Zoning Bylaw Review Form L Town Of North.Andover Building Department oct 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-5542 Street: , If Map/Lot: Ap licant: o N C a 11.2••"ai 0 O Re nest: i b' KaS' S'ct.� r1 i+i"oN Date: I. - -Q-0 3 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 A Lot Area Notes F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting e 5 2 Frontage Complies 3 I Lot Area Complies 3 Preexisting frontage e S 4 Insufficient Information 4 Insufficient Information E; Use 5 No access over Frontage 1 j Allowed G Con iguous Building Area 2 1 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required y t S 3 Preexistin CBA e 5 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 e 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks) S 1 Covera a exceeds maximum 7 1 Insufficient Information 2 Coverage Complies D I Watershed 3 Coverage Preexisting y S 1 Not in Watershed e S 4 Insufficient Information 2 In Watershed j Sign 14A —1-- 11 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 1MA More Parkin Required 2 Not in district eS 2 Parkin Complies 3 In Information 3 Insufficient Information 4 Pre-existin Parkin Remedy for the above is checked below. Item# Special Permits PlanningBoard Item# Variance Site Plan Review S ectal Permit Setback Variance Access other than Frontage Special Permit Parkin Variance Fronta a Exce tion Lot S ectal Permit lot Area Variance Common Driveva S eclat Permit Hei ht Variance Con re ate Housin S ecial Permit Variance for Si n Continuing Care Retirement Special Permit Inde endent Elderl Housin S ectal permit Special Permits Zoning Board S ecial Permit Non-Conformin Use ZBA Lar a Estate Condo Special Permit Earth Removal S ectal Permit ZBA Planned Development District special Permit Planned Ragidential$nnripl pf+r!Rit c ecial Permd Use not Listed but Similar ne!ial R-6 Density Special Permit Perm@ for Si. n Special permit for preexisting Watershed S ecial Permit nonconformin The above review and attached a lana xp bon of such is based on the plaits and.in anon submitted No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verberb al explanations by the applicant serve to provide definitive answers to the above reasons for changes to the information submitted by the applicant shall be grounds fAny inaccuracies. �r misleading�information,at �retionsubsequent Building Department.The attached document tilled'Plan Review Namitive"shatlbe attached hereto in and incorporated here by reference. The building department will retain all plans and documentation tar the above file.You must foe a new d here application ftheirm and begin//e permitting process. a yre d413-Bwldtng Department Official Sign Apli /:,�-3ion eceived y Application Denied 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: ky� K?r ",.�K, � '"4 w+.^wx r- S xr.:,r �e�'+"'�'r.�" �t"�'�-.���.. :Via,�..,V•s „�, AV 'T" 7(/��J..^.'7`✓I�Y•L' 16 e> Urn!`>� - `�Ij/`o✓ Li �h� �ary,.,,,e a el:� e A p P/PAlS Referred To: Fire Police Health Conservation �` zoning-Board Plannin De artment of Public Works Other Historical Commission Buildin De artment i SCOTT L. GILES P.L.S. FRANK S. GILES, P.L.S. 50 DEERMEADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL FrankGilesSurvgy@mediaone.net TEL. (978)683-2645 (978)683-3924 SURVEYING LAND PLANNING CONSULTING OCTOBER 14, 2003 To: NORTH ANDOVER ZONING BOARD OF APPEALS From- FRANK S. GILES, P.L.S. RE: SPECIAL PERMIT APPLICATION from MGLA ch. 40A Sec. 10 Site- 55 PILGRIM ST 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 residential facilities are not a being altered 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, 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 thel 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 31 -44 JOHN J&DONNA R CALLAMARO 55 PILGRIM ST NO ANDOVER,MA 01845 ABUTTERS PROPERTIES MAP-PARCEL NAME ADDRESS 31-30 TANNER'',VERONICA B KATHRYN M TANNERT NIANG 35 MILTON ST NO ANDOVER MA 01845 31-31 DI NUCCIO,FRANCIS L J LYNN ANN DINUCCIO 39 MILTON ST NO ANDOVER MA 01845 31-32 GABRIEL,DAVID G JUDITH H GABRIEL 47 MILTON ST NO ANDOVER MA 01845 31-33 THOMAS J MARILYN C LICCIARDELLO 99 MIDDLESEX ST NO ANDOVER MA 01845 31 34 JOHN J GAIL E MUNRO 105 MIDDLESEX ST NO ANDOVER MA 01845 31-36 ZELITCH,BERNARD D&KAREN S ROWER 50 PILGRIM ST NO ANDOVER MA 01845 31-49 EAIZLEY,GEORGE M 125 LYMAN R NO ANDOVER MA 01845 I THIS INFORMATION WAS OBTAINED AT THE ASSESSSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE: SIGNATURE PAGE: 1 OF Certified b Dt�te m Z3 p? rd`of Assesso . orth Andover 1 i c 1 I i , >r` r' �� � 1'� .._..►.�....-i�,......t ► +irk's. Mom Aw. Bosun •— �u,. las■% i Jill 1�Ni mimitmw IN PAPT t•,,b INS ME i 1 i i o I li DINING I 15'-5" I - i i, FAMILY ROOM N � I r, KITCHEN ' � I I I 1 PORCH option 7.19. 2003 Renovations to 1st floor PARMMON 55 Pi Ig ri m Street LAYOUT Nnr-i+ An�nver- Massachusetts 3/16,=1 6' r% n A =T r - _ - - - - - - - - - - - - - CD r KNEEWALL CABINETS- 3'f AFF CABINETS- 4'-2"f AFF KNEEWALL CABINETS- 3' MIN. HEIGHT cD Oo N f 89 sf sloped area -- — — -_j OPEN AREA EDGE OF SLOPED CEILING 0 _ _ _ _ _ _ _ �, WOOD BANNISTER & +{ — BALUSTRADES TO MATCH a N l EXISTING— 36" A.F.F. 0 219 sf room total -r (at 5' min. ceiling height) i 4' " CLOS T � i 2'_O" EMMA'S BEDROOM MAX'S ROOM- ; 1 co , LOSE {- - -7rnrrnr - - - - - - - - - L2-_8" - - - - - - - - - - - - J DGE OF DORMER Cli OF ROOM AT 24"t FROM GABLE INTERIOR WALL DORMER OVER END. EXISTING ROOF Renovations to 2nd floor PARTITION 9.23.2003 55 Pilgrim Street LAYOUT A2 North Andover, I"lassachusetts /Ibv=1. SCHEMATIC EDGE OF DORMERS EXISTING CONSTRUCTI6N INE OF NEW CONSTRUCTI, SECOND FLOOR \•, 7 I d I, FIRST FLOOR ------ ------------ BASEMENT 25-8 1/2" 7.19. 2003 Renovations to SECTION 55 Pilgrim Street North Andover. MG1ssachusetts 3 16' 61 D RA F T TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty 30 days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and p incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO C are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required pian 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 Cleric. 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 i 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 Mice. Office a certified list of Parties in Interest (abutters). r4 Ar Al -77 m rr{C IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office _- �Build9 Department it 0 C 1 2 13 2el(? Page 2 of 4 Application for a VARIANCE s� Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: JOHN CAL L Aj4Ar20 5,5- P►L2(ZIM �T2CazT' hong A1'-11a"�w(Z, MA OL 64S 191? - U6 - (0 91,53 *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: �0i",, 1)nj-4 t4#' Chu.'NMaizz 55 Pllb2im No e. rH ANboo e�2 rAA , oJa4S 918 -(asb _ (O$S Years Owned Land: 3. Location of Property: a. Street: 55 PiLAQ-IrA SSOeCr Zoning District y b. Assessors: Map number -3 1 _Lot Number: 4 4 c. Registry of Deeds: Book Number Page Number. 22-Lo 4. Zoning Sections under which the petition for the Variance is nude. 40h SEC_ to SECA i a6(� -S *Refer to the Permit Denial and Zoning By-Lahr Plan Review as supplied by the Building Commissioner 5. Describe the Variance request to (A •10 A Howw 'Tl�•t qx v 0.+ o,of, W�V\ JI ,Av 0. . 4" (�r• *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the — 1 Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result InVal a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ftp; Sq. Ft. Coverage Feet Spaces Front Side Side B Rear A. 2 J I A _% NA I NA 1 �D B. % 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 115o A �a o� I to.2.5 1 15 30 t C. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7 Z i Z`f O� d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 17-5 0� �1 �� % 2- 30 15 i5- 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* _ 3 / -700 /zeSj1-)fgTi4L- *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* l z 3 / 3 Z 08Y AMD F,., -14 L *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 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. S{ nature Type above name (s) here J O M N J C kL'L k Mfr R-O 1 i 1 PAGE a of a VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise,which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Pian is sought. S. Namestaddresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant,owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks,sheds,&garages shall be 10. 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 this11. APPLICATION FILING FEES ' a Clerk's application to the Town Clerk Office and ZBA secreta at least thirty 30 days prior to A. Notification Fees: Applicant is to send by secretary Y ( ) Y 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. Zoning Bylaw Review Form d2&a"-°- L Town Of North,Andover Building Department 27 Charles St. North Andover, MA. 01845 �ssncHus��t- - - Phone 978-688-9545 Fax 978-688-9542 Street: Ma /Lot: 3114 Ap licant: _J o C'a N 1 R Re uest: 1 6' X aS r g.c[.� A Date:. a4—0 3 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin i�- Item Notes Item A Lot Area Notes F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting r-t e s 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage Lile S 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 `-( e S 3 Preexistin CBA e.5 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 e 4 Right Side Insufficient 4 insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks' Ltrz S 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies. D Watershed 3 Coverage Preexisting ye S 1 Not in Watershed e S 4 Insufficient Information 2 In Watershed J 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 Parkin R wired A 2 Not in district e S 2 Parking Com lies 3 Insufficient Information It Insuffrcient Information 4 Pre-existin Parkin Remed for the above is checked below. Item Al Special Permits Plannin Board Item# Variance Site Plan Review S eicial Permit Setback Variance Access other than Fronta e S ecial Permit Parkin Variance. Fronta a Exception Lot S ecial Permit Lot Area Variance Common Drivewa S eclat Permit Hal iht Variance Con r ate -Housing Sp ecial Permit Variance for Si n Continuing Care Retirement Special Permit S ecial Permits Zonin Board Inde endent-Elderly Housin S eclat Permit S ecial Permit Non-Confo in Use ZBA Lar a Estate CondoSpecial ecial Permit Earth Removal S ecial Permit ZBA Planned Develo ment District S ecial Permit Plpnned Residential Snerial Permit ecial Permit Use not Listed but Similar R 6 Density Special Permit o''r ial Permit for SJ* n B_q Special permit for preexisting Watershed S ecial Permit nonconformin The above review and attached explanation of such is based on the Plans or advice shall be based on verbal explanations by the 'information submitted. No definitive review and applicant nor shah such verbal explanations by the applicant serve to Provide definitive answers to the above reasons far changes to the information submitted the Any ink'mislwdhg info oration or°�subsequent De pplicant shall be grounds for this review to be voided at the discretion of Builth 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 dilation fame above file.Yaw must file a new permit appli�ca�tion form and begin the permitting process --Building Department Official Sign at e q a �3 pplication eceived Appl" tion Denied 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: _ ax. A cal,'1,d N I N Referred To: Fire Police Health Conservation 4, Zonin Board Plannin D artment of Pubiic Works Other Historical Commission Buildin De artment h ? SCOTT L. GILES, P.L.S. FRANK S. GILES, P.L.S. 50 DEERMEADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL FrankGilesSurvey_gmediaone.net TEL. (978)683-2645 (978)683-3924 SURVEYING LAND PLANNING CONSULTING OCTOBER 14, 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 II (C 3&4 ) Site: 55 PILGRIM STREET This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Variance application. A. The particular uses are and shall be Residential and remain as such. B. The soil conditions, topography shall not be altered or affected. C. The hardship exists in pre-existing non conforming parcel of property. D. The proposed dwelling and lot shall be 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 a 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 Frank S. Giles, P.L.S. 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 31 -44 JOHN J&DONNA R CALLAMARO 55 PILGRIM ST NO ANDOVER,MA 01845 ABUTTERS PROPERTIES MAP-PARCEL NAME ADDRESS ,1-30 TANNER"r,VERONICA B KATHRYN M"rANNERT NIANG 35 MILTON ST NO ANDOVER MA 01845 31-31 DI NUCC IO,FRANCIS L J LYNN ANN DINUCCIO 39 MILTON ST NO ANDOVER MA 01845 31-32 GABRIEL,DAVID G JUDITH H GABRIEL 47 MILTON ST NO ANDOVER MA 01845 31-33 THOMAS J MARILYN C LICCIARDELLO 99 MIDDLESEX ST NO ANDOVER MA 01845 31 34 JOHN J GAIL E MUNRO 105 MIDDLESEX ST NO ANDOVER MA 01845 31-36 ZELITCH,BERNARD D&KAREN S ROWER 50 PILGRIM ST NO ANDOVER MA 01845 31-49 EARLEY, GEORGE M 125 LYMAN R NO ANDOVER MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE; SIGNATURE PAGE 1 OF 1 C1bj? 360 orthAdover� Z3 ©? r 1 + � r, � 1Cu�p'tQl � j�iJul m Aivll �•1 i `r 1,+.l� NOWRam� sem" ►�� � ■.�• % 1o�1� 1�� �a ► �� �� — ��ir was lag xN mum t qL ��� •{ ���a ,. ►moi=�-�+`�.�•l'W-M aw A log i i. j jl i j DINING 15'-5" I i FAMILY ROOM - - - - - - - - - - - j II I i KITCHEN f PORCH option 3 7.19. 2003 Renovations to 1st floor PARTITION 55 Pi Ig ri m Street LAYOUT North Andover, Massachusetts si�b._i, 6 KRAFT 16'—O — '- - - - - - - - - - - - - - - - - - c1:1 r — KNEEWALL CABINETS- 3't AFF CIS CABINETS- 4'-2"t AFF KNEEWALL CABINETS- 3' MIN. HEIGHT (D L L N ; ; I LiLT c) { ; 89 sf sloped area OPEN AREA 1 - — EDGE OF SLOPED CEILING =' 0 — — — — — — — WOOD BANNISTER & o +I — — — BALUSTRADES TO MATCH < N EXISTING- 36" A.F.F. U_ 219 sf room total ; -a o , r (at 5' min. ceiling height) I , ; CLOS�T '-0" N EMMA'S BEDROOM ❑ MAX'S ROOM I ; I ii 00 LOSE I I , I- - - - - - - - - - - - - - - DGE OF DORMER C11 OF ROOM AT EDGE OF NEW 24"t FROM GABLE INTERIOR WALL DORMER OVER END. EXISTING ROOF Renovations to 2nd floor PARTITION 9.23.2003 55 Pilgrim Street LAYOUT North Andover, I"lassachusetts 3'I6 °� -I SCHEMATIC I r EDGE OF DORMERS EXISTING CONSTRUCTION I 1 I I INE OF NEW CONSTRUCT], SECOND FLOOR LO PO I i 1 I) FIRST FLOOR --------7 BASEMENT I 25-8 1/2" 7.19. 2W3 Renovations to SECTION 55 Pilgrim Street North Andover, Massachuse't'ts 3�16�-I �' DRAFT