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HomeMy WebLinkAboutMiscellaneous - 58 GLENWOOD STREET IV E � Abutter to Abutter( ) Building Dept. ( ) conservation ( ) Zoning ( ) T I- 2007 JUL 17 PM 3. 08 €��IF�. REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, NORTH ,„h ^,•j abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within R H }n(ice tt y three hundred(300)feet of the property line of the petitioner as they - t i s'U c..t 1,; pettt ey appear on the most retard 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 7 10 Hossein Ghamary 58 Glenwood Street North Andover,MA 01845 Abutters Properties Man Parcel Name Address 6 49 John Lauretani 34 Glenwood Street North Andover,MA 01845 6 52 Josephine Dipietro 43 Glenwood Street North Andover,MA 01845 6 53 David Webster 116 Mablin Street North Andover,MA 01845 6 54-0050.0 Diane Kincaid 50 Femwood Street North Andover,MA 01845 6 54-0052.0 Diane Kincaid 52 Femwood Street North Andover,MA 01845 7 1 Leonard Foote 58 Femwood Street North Andover,MA 01845 7 2 Town of North Andover 120 Main Street North Andover,MA 01845 7 3 Town of North Andover 120 Main Street North Andover,MA 01845 7 4 Virginia William 55 Glenwood Street North Andover,MA 01845 7 5 Kenneth Peschier 45 Glenwood Street North Andover,MA 01845 7 6 Debra An Depetrillo 8 Arbor Lane Plaistow,NH 03865 7 7-00001 Ralph Tufano 94 Mablin Ave North Andover,MA 01845 7 7-OOOO.R Vincent Parrino 96 Mablin Ave North Andover,MA 01845 7 8 Debra Didonato 45 Harwood Street North Andover,MA 01845 7 9 Jamie Landry 56 Glenwood Street North Andover,MA 01845 7 11 Hossien Ghamary 58 Glenwood Street North Andover,MA 01845 7 12 Hossien Ghamary 58 Glenwood Street North Andover,MA 01845 7 13 Debra Depetrillo 8 Arbor Lane Plaistow,NH 03865 7 14 David Marinelli 55 Harwood Street North Andover,MA 01845 7 15 Stephen Chiara 88 Mablin Ave North Andover,MA 01845 7 16 Steven Williams 25 Harwood Street North Andover,MA 01845 7 19 Mary Timony 52 Harwood Street North Andover,MA 01845 7 20 Mary Timony 52 Harwood Street North Andover,MA 01845 7 21 Paul Timony 52 Harwood Street North Andover,MA 01845 7 22 Victoria Defusco 940 Great Pond Road North Andover,MA 01845 7 25-0061.0 Nell Jean-Jaques 61 Inglewood Street North Andover,MA 01845 7 25-0063.0 Kevin Smith 63 Inglewood Street North Andover,MA 01845 Date 7/5/2007 This certifies that the names appearing on the Page t of 1 records of the Assessors Office as of J41V! x i, 3 007 Certified by: Date 7 S r'7 Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS R ^F'IVED r Albert P.Manzi 111,Esq.Chairman Ellen P.McIntyre, Lice-Chairman Q* Vk0R'rFj Richard J.Byers,Esq.Clerk -%.q" uwo "- .. %16v 0 JUL 17 PH 3. Joseph D.LaGrasse 0 David R.Webster 0- Associate Members T Thomas D.Ippolito f ORTH kCly,`��`­:' Richard M,Vaillancourt "00 Tao MASS ACHIJ'�L'ET Daniel S.Braese,Lsq. SSACHU Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals Will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 14th of August, 2007 at 7:30 PM to all parties interested in the application of Kevin Stack 0 Berry Street(Map 106D, Parcel 50), North Andover, MA requesting a dimensional Variance from Section 7,Paragraphs 7.1 (Lot Area), 7.2(Street Frontage), 73 (Yard Setback), and Table 2 of the Zoning Bylaw for relief of lot area, street frontage, and front and side setbacks in order to construct a single-family dwelling. Said premise affected is property with frontage on the West side of Berry Street within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover,MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, ][[I, Chairman Published in the Eagle-Tribune on July 23 & 30, 2007. Legalnotice 2007-016. M106.DP50. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofLiordmdover.com Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS Albert P.Manzi Ill,Esq.Chairman Ellen P.McIntyre, i zee-Chairman t NORT11 q ��Lao ie ti Richard O and 3.Byers,Esq.Clerk o2007 JUL 17 PM 3: 09 Joseph D.LaGrasse o David R.Webster I- 7D —"t t t,,_ Associate Members 4 i '� f rq LI e h , Thomas D.Ippolito +� o .,«. ,� � r*�i `, Richard M.Vail lancourt �s9°°+,r.o►*"�.�°� 1 � .3iva !'E Daniel S.Braese,Esq. 9SSACHUS�� Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 14th of August, 2007 at 7:30 PM to all parties interested in the application of Hossein Ghamary,58 Glenwood Street(Map 7,Parcels 10, 11, & 12), North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of building height in order to elevate the single-family dwelling above the 100 year flood boundary. Said premise affected is property with frontage on the South side of Glenwood Street within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday during the hours of 8.30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle-Tribune on July 23 &30, 2007. Legalnotice 2007-015. M7Pi0,11,&12. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com ' f 7 q Zoning Bylaw.Review Form t, `" 16 "o Town Of North Andover i -EI ,r p Building Department '{ 1600 Osgood Street, Building 20, Suite 21 - 17 P y* North Andover, MA. 01845 � CS �SSACHUS�� Phone 978-688-9545 Fox 978-688-9542 Street: 58 Glenwood Street " of f Ma /Lot: M7/10, 11, 812 A S- "°" Applicant: Hossein Gharnary Request: Raise existing single-family dwelling foundation above 100 year flood zone Date: 7-6-2007 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies X 3 1 Lot Area Complies X 3 1 Preexisting frontage 4 Insufficient information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed X G Contiguous Building Area NA 2 Not Allowed 1 Insufficient Area 3 1 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 I Height Exceeds Maximum X 2 Front Insufficient X 2 Complies 3 Left Side Insufficient X 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage NA 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign NA 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 I More Parking Required 2 Not in district X 2 Parking Complies 3 Insufficient Information X Remedyfor 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 H-1 Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit Special Permit Pre-existing,Non- Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the o file.You must file a new building permit application form and begin the permitting proc ss. 7// 7 6 ? Building Department Official Signature Application Received App ication 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 building permit for the property indicated on the reverse side: H-1 A variance for relief from 7.4 and Table 2 is required from the Zoning Board of Appeals in order to raise the foundation above 100-year flood zone. Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenial2000 i Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS ' ° r ' !� Albert P.Manzi 111,Esq. (10a rman Ellen P.McIntyre, l iee C%arrman C NORT#t � Richard J.Dyers,Esq,Clerk d�?``� :°., o 201 AUG 1 ; E� Joseph D LaGrasse 3� b",' oL David R.Webster' Fes- - e•l,t,eRCta6 lBmbf.'P,f * * 1 she.x r Tbomas D.Ippolito •" Hot S44 �1 1 4 ,: �,: Richard lei. Vaillancourt '� o1go ig* � c,W l� D utiel S. liraese,Fsq. �9SSAtHU`��� Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A,§17 at: 58 Glenwood Street NAME: Hossein Ghamary HEARING(S): August 14,2007 ADDRESS: 58 Glenwood Street PETITION: 2007-015 North Andover,MA 01845 TYPING DATE: August 20,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,August 14,2007 at 7:30 PM upon the application of Hossein Ghamary,58 Glenwood Street(Map 7,Parcels 10, 11,& 12),North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.4 and Table 2 of Zoning Bylaw for relief of building height in order to elevate the single-family dwelling above the 100 year flood boundary. Said premise affected is property with frontage on the South side of Glenwood Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on July 23&30,2007. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,David R. Webster,and Thomas D.Ippolito. The following non-voting member was present: Daniel S.Brame. Upon a motion by Joseph D.LaGrasse and 2 'by David R Webster,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of 2.8'from the 35'maximum building height requirement in order to wet proof the structure by elevating the single family dwelling above the 100 year flood boundary;per: Site: 58 Glenwood Street 7,Parcels 10, 11,&12),North Andover,MA 10845 Site Plan Title: 58 Glenwood Street,Plot Plan of Land,located in,North Andover, Massachusetts,(Essex County),prepared for,Hossein Ghamaiy Date(&Revised Dates): July 13,2007 Registered Professional Scott L.Giles,R P.L. S.#13972,&John D. Sullivan,Registered.Professional Land Surveyor Civil Engineer#41586,Sullivan Engineering Group,LLC,22 Mount Vernon Road,Boxford,MA 01921 Sheet/Drawing: Sheet No. 1 of 1 Building Plan Title: Residence for,Hossen Ghamary,58 Glenwood Street,North Andover& Detail Extension of Existing,Foundation Wall By: G.J.Bruno Associates,Architectural Resigners,28 Berkeley Road,No. Andover,MA 01845&Lawrence H.Ogden,P.E., 198 East Main Street, Geor own,MA 01833 Date: 9-21-06&6-3-07 Sheet/Drawing: Al&F1 With the following condition: 1. The foundation height increase shall not exceed 2.8 feet for a maximum building height of 37.8 feet. PagQ i of 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-wwvw.townofaordmdover.com 6 Town of North Andover Town c ejk Tic Stamp ZONING BOARD OF APPEALS T .'filbert P.Manzi 111,Esq. chairman �(t'' Even P.'4lclntt rt rliev-clwivmart NORTH Richard J.Byers,Esq. Ciera �°4<t�°' ;6;;"0 2001 AUG 2 1 PHi ioseph D.LaGrasse. o - O� David R,Websteryti� t Thomas D.1ppohto "? Richard A VaUlanconrt -rev Daniel S.Braese,Esq. �SSwtKus�� Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,David R.Webster,and Daniel S. Braese. The Board fords that specific circumstances relating to the soil conditions and topography of the land and structure especially affect the 58 Glenwood Street(Map 7,Parcels 10, 11,& 12)land and structure but not does not affect the Residential 4 zoning district,generally,in which it is located. The Board finds that the single-family dwelling was flooded in May 2006 and April 2007. The Berard finds that the Conservation Attachment to 58 Glenwood Street Building Permit Application[#322 issued 10-20-061 states"No ground disturbance proposed or approved. All work shall remain within the existing building footprint as proposed..." The Board finds that the July 12,2007 correspondence from Jack Sullivan states that the Proposed Top of Foundation needs to be at 109.3 feet in order for the single-family dwelling to be above the 100 year flood plain but that would result in a building height of 37.79'. The Board finds that a literal enforcement of the provisions of Paragraph 7.4&Table 2,and Section 10,Paragraph 10.4 would involve substantial financial hardship to the petitioner in the purchase of costly flood insurance. The Board finds that there was no written or spoken opposition. The Board finds that the foundation height increase is less detrimental to the neighborhood than a flood-vulnerable structure. The Board finds that owing to the above findings,desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the gram, 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. Andover Appeals Bert P.Manzi, Esq.,Chairman Ellen P.McIntyre, Vice Chairman Joseph D.LaGrasse David R Webster Associate Member Thomas D.Ippolito Decision 2007-015. M7P10, 11,&12. Page 2 of 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-1541 Fax-978-688-9542 Web-www.townofnorthandover.com To: North Andover Zoning Board of Appeals From: Hossein Ghamary 58 Glenwood St Date: 07-05-07 Subject: Section 9-Variance Application A.My particular Variance request for the proposed use of the structure is to increase max height. B.The particular circumstances of my lot relating to soil conditions are not interfering,changing or Altering in any way with any other abutting property and will not alter the soil conditions provided the Zoning variance is granted The particular circumstances of my lot relating to shape are not applicable The particular circumstances of my lot relating to topography,or to structures especially affecting the Property for which the variance is requested to increase max height allowed which do not affect the rest Of the this zoning district and will not change the topography in a negative way of either our property Or the abutters property. C.Due to flood of May 2006 and again on April of 2007 I and my family have been have not been able to move back to our home.The entire house is located in the flood zone.FEMA and flood insurance Require that first level of the house to be above 100 year flood plain.It would cause us extreme hardship If a variance is not granted to exceed 35 feet max height.We would have to live with fear of being Flooded and loose everything again.It would also be extremely hard to purchase required flood insurance at very high premiums. D.The fact that we live in the flood zone and we are closest house to Shawsheen river will support a finding That the relief sought will be desirable and without substantial detriment to the public good. E.The fact that a max of 2.5 feet is requested beyond the 35 feet limit will support a fording that the relief Sought may be given without nullffying or substantially derogating from the intent or pwlwse of the zoning bylaw. F.This variance is not for contiguous buildable area therefore RDA from the conservation is not required as Part of this variance application. MSN Hotmail-Message http://byl 18fd.bayl18.hotmail.msn.com/cgi-bin/getmsg?msg OBFA.. MSN Home I My MSN I HotmaN I Shopping I Money I People&Chat Out. )Web Search: Hotmail Today I Mall Calendar Contacts Options I Help parsvideo@msn.00m IIII !!! {{{ Free Newsletters kRp Reply 10 Reply All { Forward I X Delete I[ Junk I'7S Put in Folder.I E-4 Print View I Save Address From: <jacksull53@comcast.net> VD Inbox Sent: Thursday,July 12,2007 4:57 AM To: "hossein ghamary"<parsvideo@msn.com> Subject; Re:Hossein 58 Glenwood St-Fkwdpialn Hossein; Here is the info.you need. Existing Top of Foundation(per my plan) 105.W Proposed Tap of Foundation(to be above 100 year flood) 109.3' Per archltect:Top of foundation to roof 30.17' Therefore if foundation raised to 1093,roof would be at 139.47' Average grade plane around house(per my plan); 101.68' Therefore building height(139.47'-101.68')=37.79>3S'per Zoning You will be requesting a variance to allow a building height of 37.8'(2.8'greater than max.height allowed by right). Hope this helps. Let me know if you need a revised plan copy. Jack Sullivan Sullivan Engineering Group,LLC 22 Mount Vernon Road Boxford,MA 01921 978-352-7871 Phone+Fax -----Original message From:"hossein ghamary"<prsvideo@msn.cmn> >Hello and I hope you are having a good time away from the usualJack there >was an email you had sent to Allison Mckay in regards to 100 year flood >plain and your survey work sheet.Would you well a copy to me as well.Just >to update you everything is on hold untM board of appeal meeting scheduled >on >August 9th.We need to find out exactly low high we need to be in order to be >in compiiance.As you know we have permit for 1.5 feet and with grading may >be 2 feet.Please heipppppppppp.I wait to hear from you. Co l l .i•1 I)C l inbox Get the latest updates from MSN MSN Home I My MSN I Hotmail I Search I Shopping I Money I People&drat Feedback i Help m 2007 Microsoft TERMS OF USE Advertise TRUSTe Approved Privacy Statertrmt GetNetwise Anti-Spm Policy 1 of 1 7/12/2007 5:45 AM ' L = k �y s TOWN OF NORTH ANDOVER VARIA ZONING BOARD OF ,APPEALS` ; NUL 13 PM 4: 21 NAME: E !ADDRESS OF APPEAL: �"_ „�. : town clerk Time Stamp NWITH Aa OU4 , , MASSAC ; 1• T T Procedure & Requirements for an Application for a Variance Ten(10) copies of the following information must be STEP 8:SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares;the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)an4 The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the F Rules and Regulations and is not meant to of the Party in Interest fee. supersede them. The Petitioner will complete items STEP 7•DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER 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 notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: 6 Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be i cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board! decision may be made pursuant to Massachusetts STEP 4. OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Cleric. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS STEP 5• SUBMIT APPLICATION: The petitioner is responsible for recording certification c 'k ;petitioner submits one(1)original and ten(10)Xerox the decision,the Mylar, and any accompanying plans A copies of all the required information to the Town Cleric's the Essex County, North Registry of Deeds, 381 f Office to be certified by the Town Cleric with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Cleric's Office,and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building bhe .Zoning Board of Appeals secretary. Department. ................................................................................ ..........................,.............................................. .�.._... . ...__.. APORTANT PHONE NUMBERS: 378-X388-3533 Office of Community Dev:&1-3ervi,es North Andover Town Hall 1800 Osgood Street, 120 Main Street North Andover, MA 01845 978-888-95001 Town Cleric's Office 378- 38-9542 fax for Community Development cffices 97"8&9566 Assessor's Office 978-388-9545 3uilding Department F 373-688-9541 -loping Board of Appeals Cffice PAGE '1 of 4 j PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all items:t-10 below.- 1. elow:1. Petitioner: *Name, *Address and telephone number: _ Sob S stn ite a�� s4 - - te,.��n �n�eyti , Ma e1r6yS *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: 05 a h a� o •9�f.1.do1 G Ien u,c*-.1 S¢ �i Jf eif in Ana t/ All4ss Ot FYC Years Owned Land. 3. Location of Property: a. Street: '513 G-l.e_nwr Zoning District: P,14 b. Assessors. Ma number: _ '� 14 Map Lot Number: t d , � t, �a, c. Registry of Deeds: Book Number: X7.5 Page Number: Fr 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 'Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the BuildingCommissioner. mrssioner. 5. Describe the Variance request: n dry r �1Lt5hr oTj� 91Js a6oVG 3s , N-1' to �taJQ 1ST 1=1car abO � COCO 4ar The above description shall be used for the purpose of the legal notice and decl*m A more daulled description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the may remit in a decision that does not address the intent of the applhmnt. The decision vhf bs Nmtisd to the request chrarly not involve additional items not included above. req by the applicant and vW 6 A. Difference from Zoning Bylaw requirements: Indicate the dimensions 1 that wtu not most current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 4 Front Side A L Side RA Rear A. oda B. % * 4,* �► rage s OT 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 00 1 f5V 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear se 6D. Required Lot: (As required by zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking '��� Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building' of Units" k "Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Buildings Ground Floor Number of Height Total Use of Square feet Floors f Number Sq.feet Building of Units" 7. r �L_ 'Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 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 po ty 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: ( �) <-�� Type above names here: o ss a„n PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION t,q0.B. 'Plan Specifications: Application for a Variance must be supported by a A size of plan: Ten(10)paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11°x17", preferred scale of 1"=40' detail all fads relied upon. When requesting a Variance Iq one(1)Mylar,twith one block for Registry Use from the requirements of MGLA ch.40A, Sec. 10.4 and Only,and one block for five(5)ZBA signatures&date. the North Andover Zoning By-laws,all dimensional EM Plan shall be prepared,stamped and certified by requirements shall be dearly identified and factually a Registered Professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans by a Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the laird or *10 C. 'Required Features On Plan: structure. 1) site Orientation shall include: B. The circumstances relating to soil conditions,shape 1. now point or topography of such land or structures especially 2. zoneg district'(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wetlands(if applicable) district in which the property is located. 5. abutters of property,within 300`radius C. Facts which make up the substantial hardship, S. locations of buildings on adjacent properties financial or otherwise,which results from literal wither 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the In Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines s outlined in red D. Fads relied upon to support a finding that relief 2. Fisting features to be removed in dashed tines sought MR be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Fads relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose appbard, owner or record, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission waren 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Mirror per,such as mks•sheds,and garages, application. shall require only the plan inforfnation as indicated with an. asterisk(*). In some cases further information may 10. PLAN OF-LAND be required. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans - 11. APPLICATION FILING FEES must be submitted with this application to the Town 11.A Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: `Town of North Andover- prior to the public hearing before the Zoning Board of 4022-17604841'for the cost of first Gass, certified, appeals. retum receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch.40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the 'Architect may be required when the application applicant shall supply first class postage stamps involves new constructioniconversion/and/or a ,currently 39$)x the#of parties of interest on the Proposed change in use. abutter's list for the decision mailing. i 11.B. Mailing labels:Applicant shall provide four(4) 10. A. Major Projects sets of mailing labels no larger than 1"x2-518"(3 copies Major projects are those,which involve one of the for the Legal,and one copy for the Decision mailing). following whether existing or proposed: 11.C. Applicant shall provide a check or money order to:}Town of North Andover"per 2005 Revised Fee t) five(5)or more parking spaces. ! H)three(3)or more dwelling units, Schedule. W).2,000 square feet of building area. -w A Variance once gramed by-(he:ZBA•;vill ?apse m Major Projects shall require,that in addition to the 1 n:B s 1 (one)yew N not exercised and a new petition frust 1 GC features,that the plans show detailed utilities,soils, '"e submitted.4 :and topographic information. -," , 71 9 r.. X.� ��0 4 RECEIVED a _ AUG 15 2006 -� � --'' PLANNING DEPARTMENT Town of North Andover Planning Department 1600 Osgood Street North Andover, Massachusetts 01845 Phone: 978-688-9535 Fax: 978-688-9542 September 6, 200E Mr. Hossein Ghamary 58 Glenwood Street North Andover, MA 01845 Dear Mr. Ghamary, As you are aware, the Planning Department received a Form A plan on August 9, 2006 proposing lot line changes for property located at 58 Glenwood Street North Andover, MA 01845, Map 7, Lot 10, 11, & 912. Said parcel is lactated within the R-4 zoning district,North Andover, MA and contains 15,000 sq. ft. The process will allow the combining of three parcels into one, per the Plan of Land prepared by Sullivan Engineering Group, LLC, 22 Mount Vernon Road, Boxford, MA 01921, dated August 7, 2006,by John Sullivan, P.E. Your plan as been endorsed and approved. Please take the signed mylar to the Registry of Deeds and have it recorded then bring back 3 paper copies of the plan and proof of recording and submit it to the Planning Department, 1600 Osgood Street,North Andover, MA 01845. Sincerely, a Lincoln Daley, Town Planner Attachment 7-7 EIVPE1 C' ` � T 1 FORM A APPLICATION FOR APPROVAL NOT REQ JG -9 V110: 04 DATE: (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned,believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: J40is6v / /J/ KY r Address: J �z Wow 5T r t 2.Location and Description of Property(include Assessor's Map r�55 r andLot and ZoningDistrict(s)]: /I?fJ� :7 3.Deed Reference: Book 417 J Page u� or Certificate of Title: Sw�T Gi ,j 4.Name of Surveyor: 1N ,�'� Address: U 114 UG ✓�'I t1� 1640 1jI j Jl/ 41,�i/lV ,A✓, /�A!OOL 07/,n d1 Signature of Owner(s): �"'" fir✓� ` y +��/ Address: Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: 1. yy Has the frontage,lot area,and lot width required under the Zoning By-law on: ✓� a) a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: (ajoined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: r RECEIVED T Ii"N' CLERK'S 0170-- 2005 SEP 6 PM 4.- 18 Notice to APPLICANTITOWN CLERK of action of Planning Board on accompanying plan: TOY"'il OF 1. The North Andover Planning Board has determined that said plan does not require approval under MRTH ANDOVD' Subdivision Control Law, and the appropriate endorsement has been made upon the same. MASSAC _ + s 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L. c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board Dater RECEIVED w r FORM A 04 APPLICATION FOR APPROVAL NOT J& E RED�9 AM �� DATE: T O Vii';; ' NORTH AM ,a"', MAS CHU (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned,believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 90SEIN" 1.Name of Applicant:_ Address: s 6 6L&V.'Io J T► J���Q7a� 'e2 0 2.Location and Description of Property[include Assessor's Map ) andLot and ZoningDistrict(s)]: /rf,pO /� ��.�l g 2- 3. 3.Deed Reference: Book 6 Z7 Page U(7x or Certificate of Title: 4.Name of Surveyor: �GU 1 �jJjrnJ j� Address: 5 f/ Cl� ✓1`J ✓" �6lyYJ J00y") 'U4VAIII/ Signature of Owner(s): d9Z 1 J Address: 1i Rules aW Regulations Goveming the Subdivision of Land in North Andover,Massachusetts 2.14 EXTENSION An applicant may request an extension to the statutory limits for the Planning Board to take action on an application in order to provide additional time to discuss issues related to an application filed pursuant to these Rules and Regulations. The request shall be made in writing on Form S,giving a description of the application and plan,the date of filing, the statutory deadline for action, any previously approved extensions, the length of the requested extension,and ther sed date p opo a for final action. A copy of the request for an extension,once approved,shall be filed with the Town Clerk. SECTION III. APPROVAL UNDER SUBDIVISION CONTROL LAW NOT REQUIRED 3.1 SUBMISSION Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that the plan does not require approval under the Subdivision Control Law shall submit the following documents and plans: An original and 2 copies of a typewritten`FORM A Application(see Appendix)time stamped by the Town Clerk including a statement of the basis upon which the applicant claims that approval under Subdivision Control Law is not required. One copy of the'application and plan to be submitted to the Town Clerk. An original Mylar of the plan in a form described in Section 3.2 with four (4)contact prints; one print shall be retained in the files of the Board,one print each shall be submitted by the Board to the Building Department and the Town Assessor. 3.1.1 Filing Fee a. Base Filing Fee: A base filing fee of$40,plus$30/lot line changed or$70 per new lot created is required. b. Project Review Fee: If the Board's designee deems necessary,the applicant may have to pay a project review fee if needed. c. Failure to Pay Fees_ Failure to pay all fees listed above in 3.1.1a-b at the time of submission of the definitive plan will result in the plan being denied. I Page 10 Please indicate the grounds(either A,B,C or D,not a combination)on which Y ou believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: i. Has the frontage,lot area,and lot width required under the Zoning By-law on: J�. a) a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) away shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: (a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: INVOICE Invoice 06-101 August 7, 2006 Sullivan Engineering Group, LLC Attn: Jack Sullivan,P.E. 22 Mount Vernon Road Boxford,MA 01921 Hossein Ghamary (978)352-7871 58 Glenwood Street North Andover, MA 01845 Hossein; The following is a breakdown of engineering and survey services provided to date at 58 Glenwood Street,North Andover. Task: 1) Muncipal and Registry Research for property information, Topographical data, and utility information 2) Engage botanist to delineate wetlands 3) Topographical survey of property 4) Prepare Existing Conditions Plan for architect 5) Prepare Registry Plan to combine three(3)parcels into one(1) Total Due: $2,000.00 Please make check payable to:Sullivan Engineering Group,LLC And mail to the above address within 30 days Thank you...the remaining$700.00 will be due in a future invoice once I have added the new house ' T as designed d b g y your architect to my plan. Thank you V 7 LEGEND: 14 S85°15'00"VV 6 13 1 .m. CONC. RET. OVAL - EOP EDGE OF PAVEMENT �` "o . �• s.�> r I x X x C.L.F x — WETLAND RESOURE AREA 3. 09 3# Q9 o ., A_1 L© AREA a:,, A-5 WETLAND FLAG to r 15 000 S F f q �n z . ; 7 Nq iii k ,y � ,37.4t0tX74 NOTE: THE LOCUS PROPERTY IS DEPICTED AS PARCELS C.L.F. CHAIN LINK FENCE MA-SAX / Z 10, 11, & 12 4N THE TOWN OF NORTH ANDOVER Q:) O r ASSESSOR MAP 7. Z 7 TAX MAP (-,-i 4 oO C p 13 LOT # J 0 C7 14 A-2 p -(a -� 99X55 EXISTING SPOT GRADE 102X63 0 -A 1OIX� 1.0OX95 .p 100x16 o o o NORTH ANDOVER ZWNG BOARD QF APPERLS o cn © o 0 o �10 - to DECK #56 6.6 10106 f i EX. 2 5TORY ..� C b WD. FR. STRUCTURE 101X66 EXISTING TOP OF FND = 105.00' . 70P OF FND = 109.3W 99X55 #58 DA TE- ------ / ?111X25 ' — to3X03 102X35 91.8 Ci F ;��A-4 FLOODPLAIN NOTE: �70C THE ENTIRE PROPERTY FALLS WITHIN A DESIGNATED 18.0 FLOODPLAIN AREA AS SHOWN ON THE LATEST F.I.R.M. MAPS. - GRAPHIC SCALE :. N85°15'00"E 150.00' SCALE: 1"--20' JA-5 ZONING INFOR M 770N. FEE T 20 0 10 20 40 1 cOXo6 101x42 Fpp ZONING DISTRICT : R4 RESERVED FOR REGISTRY USE ONLY GLEN WOOD STREET MAX. BUILDI�I HT. 35 FEET Glrr OWNER: BENCHMARK: PLOT PLAN OF LAND PK NAIL IN PAVEMENT LOCATED IN HOSSEIN GHAMARY d ELEVATION = 100.00' f NORTH ANDOVER, MASSACHUSETTS 58 GLENWOOD STREET (ASSUMED DATUM) ��• � � (ESSEX COUNTY) NORTH ANDOVER, MA 01845 ; DEED REFERENCE: 6275168 �� �n:s PREPARED FOR o-� . BUILDING HEIGHT CAL CULA TION: ?' 07 HOSSEIN CHAMARY `N of SCALE: I "=- 20' DATE: JULY 13, 2007 AVERAGE GRAPE PLANE 0 FOUNDATION 101.68' o���A� PREPARED BY PROPOSED TOP OF FOUNDATION : 109.30' G SULLIVE4N ENGINEERING GROUP, LLC TOP OF FOUNDATION TO ROOF = 30.17' (PER ARCHITECT) 1 ES ®. 3972 0 22 MOUNT VERNON ROAD TOP OF ROOF = 139.47 ' GtST�R-� ° BOXFORD, MA 01921 '"siQ, �ANaS . AVG. GRADE PLANE = 101.68' ��t (978) 352-7871 SHEENo. 1 OF 1 BUILDING HEIGHT (139.47'-101.68)= 37.79' > 35' EXCEEDS ZONING)' d� T