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Miscellaneous - 66 HEWITT AVENUE
!S TOWN OF NORTH ANDOVER VARIANCE -"- . ZONING BOARD OF APPEALS . ....,, ._s�--�. a„,4�,i g ._s�_.�";.�;,x'�s nt„rte_ .,..:�'r h>a._ �.r F2 .4, e. � � .♦ -kc ov- Procedure & Requirements For an Application for a Variance 1 Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty (30) days prior to the first public PREPARATION Of LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. i requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP T DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building i 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. fi 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 i decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days 1 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 i certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying pians at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES 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 DepartmentOf 0-68 . _ r Office a certified list of Parties in Interest(abutters). -3 r: r �7, r =' CID,x�:3" .,,. ,. dry -_ . . , IMPORTANT PHONE NUMBERS: 1 .- - 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office J 978-688-9545 Byrdi�ng De rtment SEP 112093 Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: J-0 4 Al� _ r 'The petiti ner 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: VOL) Years Owned Land: 3. Location of Prope a. Street: 66 Zoning District 3 b. Assessors: Map number6o C Lot Number. c. Registry of Deeds: Book Number 038" `! Page Number. D308 4. Zoning Sections under which the petition for the Variance is made. SSC -7 C 7: 3 *Refer to the Permit Denial and Zoning By-Law Plan,Review as supplied by the Building Comnrissioner 5. Describe the Variance request r h6uESILIA1G- /9 [/AR 15,t=�64_ 010- 1010rx1 S liAfit MOUS/F15 /6iPC'� '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 lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % 5 B. % €r I I I Page g Application fora VARIANCE_ i ya ,... , _.._.._ .3 I Zoning Board of Appeals i 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 i /ao` .i1.1 3 `8� c. Proposed Lot (S): l 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 /D6D /UR, Nfi. 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 Asp /V/ - >as30` go, Vo, 30, 7. a. Existing Buildings: Ground Floor Number of Total Use of f Square feet Floors Sq.feet Building* *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* 30 is �,rco�o *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 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 the oning d of this appli as incomplete. Si nature �� Type above name(s) he 'JEa PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upo i. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the Nath 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. 6. Names/addresses/phone numbers of the D. Facts relied upon to supporta finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks, sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 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. i 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. b. Zoning Bylaw Review Form �i Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: {-�- Map/Lot: G Applicant: _'X-C> Request: 14 i i o o e-`E L's,4-t &0 Cc. 5 v� Date: r7 Please be advised that after r view of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning 'R-13 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting j 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage e 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 S 4 Special Permit Required e S 3 Preexisting CBA 5 insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient y eS 2 Complies 3 Left Side Insufficient 3 Preexisting Height Z-- S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback{s} ro 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 1 Not in Watershed LjeS 4 insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item# Variance Site Plan Review Special Permit ('- a Setback Variance Access other than Frontage Special Permit Parking Variance Fronts e Exception Lot Special Permit Lot Area Variance Common Drivewav Special Permit Height Variance Congregate Housing Special Permit 1 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 S ecial Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Si n R-6 Density Special Permit Special permit for preexisting Watershed Special Permit nonconformin I'I The above review and attached explanation of such is based on thelans and information submitted.ted. 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 Review Narrative'shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and begin the permitting process. Building Department Official Signatyro Application Received Application Denied - 1 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: n �_. Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other [2..;1,4;ng Department September 8, 2003 Town of North Andover North Andover, MA 01845 To Whom It May Concern: RE: Request for Variance; John DeVecchia A. The particular use proposed for the land or structure: I am requesting a variance on the front set back dimensional requirement for the purpose of constructing an addition. B. The circumstances relating to...conditions...affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. I am desirous of building an addition. The existing house was built in 1925 (prior to the existence of any zoning by law). The front of the house is 20'3"feet from existing street. A 5'3"by 16' porch exists on the front of the house; also, a set of stairs 47"by 7'3" exist leading to the porch leaving a 10'9" front set back. All other set backs for the addition meet the present zoning requirements. C. Facts which make up the substantial hardship,financial or otherwise,which results from literal enforcement of the applicable zoning restrictions... My present intention is to build an addition on to the present home. In order to obtain financing for the addition, I have been advised that I must obtain the requested variance. My lot is a legal non-conforming lot. The non-conformity has existed since 1925. Granting the variance for the front setback will not make the lot more non-conforming than it is presently. Because of the present lot size and set back requirement relief can only be obtained by the granting of the variance. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to public good. LEMFile: IDevecchia,variance reg.doc The present structure is located in a neighborhood that has a history of owners increasing the size of homes constructed in the 1920 through 1950. There is presently an addition being added to a home in the neighborhood. It appears that the majority of homes with new additions have had the same problem that exists on my lot. Lot size and the front set back. Some houses have stair landing on the existing sidewalk while others did not and cannot have met the present zoning by-laws set backs. The addition proposed would improve the appearance of the present house and have little or no impact on the neighborhood and it would improve the neighborhood's standards. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning by- law. When the house was built in 1925, the existing porch and stairs were part of the home. They have been in existence for 78 years. The non-conformity that exists would not change and the rest of the house and addition will meet the present zoning by-laws set backs on both sides and the rear. The present non-conformity will not be extended. F. Submit RDA from Conservation Commission when ... LEMFile: IDevecchia,variance req.doc Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: J �J/' O v '• / _ > o0L - A /V A"Iyge *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: T Years Owned Land: 3. Location of Property: a. Street:_ _L6 IV Zoning District b. Assessors: Map numberCo C Lot Number: c. Registry of Deeds: Book Number (339'-/Y Page Number: 0308 4. Zoning Sections under which the petition for the Variance is made. *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request Irnuesklf po19 Ck _ O� �Xi S iiuG ovS�S &CA *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 lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % Page 3 of 4 Application for a VARIANCE z s 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 I6,6M W R -NA_% /00` 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 o,0 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 A,5,X0 /V/ A 0� 30` 'do ° o' 30' 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* l &,S101FAd1,09Z *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* Srrcnb 130 sm (AW-4 MMiW - h1'A-XAA) - A�-D ftoS *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 dismissa the oning rd of this a as incomplete. Si nature Type above name (s) he 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 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS w7 y Al, 47 137 NOI 6 • L G U� THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE LAssewo A PAGE OF 0 CKtified b �, ./► /� G� Board o Andover Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters ListinLy 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 ,- r ABUTTERS PROPERTIES MAP PARCEL NAME .ADDRESS 60 C O S FIJI, DJ E013 .�P 7'1 /A//tj- .00 C 3 / �Q n�� ,4[✓C � O c 3. L E Ru F_ / Q R/j sof n►)L�� 0 e- a s autg 1-01)6- P C v C.5 ® � 33 C 6' J2 2 asF L)AL6 d a3q 61 L©hG 0C s' F q v GO 3� 1 r n ,,,5y wi .,�� GOC y® -���Go c Urc 91 - 97 q DutySn 7 ! q7 - c I-VlvCh 6 7 - y 7 34 c - R yy C/M�Cil THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE G OF Ortified' Date Board of Ase ss o Andover iii—_rrwl�► •• �r�rlrrt� \ gnaw ■ �_ —_—_ -- -- ._" --- ._�__��.u_.—�— = _ __!_u!mI..�h"n'ItIu'��n'auuI•n''rIl�'i(ffi1"1uLn1u1,11n.1,p.n �_�r....�Iuliull•■1v01 Nt IliNngn°u �tl' pn�pn�IIyNryM— H11I�I�I nluE �n� in Man, 1I n16 I�6�Wpn(��Itl�NYt1lflIlt•9d0,,11,111��.� � •.•• •. � � _____.._ _.. .... .rr11t� �li�'■I r� � � �_ III r! °ultl,utnriliiow �. I I F Iv ►• - -- ..1z:�•n.�t.tl�r�r�. I�11�I qua .o, I�r�' 4t/�i ��■'� � � 1111 � - �. BMW ■®■ '■d■I =-_= �, Iil 111 '� I I �� MONO= a� �y� GUY MESSIER RESIDENTIAL DESIGN t ito w vtk �LWA loLcra Vt�.M \ab$w' w: �y o 4. cl ' R i __ � +rte•- `'� � � -- �ed a aOleawsp— _f LOOP- d%e GUY MESSIER RESIDENTIAL DESIGN 978.664-3161 148 Park Street 0 Rt.62*North Reading,MA n 4�U.; Vol _t�A+?hiD ..-___. ;os Mss • a .a 9.kl Ir (^7 .�.J 61. y, `i" •..-.610.. . N -� ® 'meq • � ' 4�� ��b 0��. AL f�1� Gj�.�au► �u .yL�k ec6M.., -,J �v t Q t GUY MESSIER RESIDENTIAL DESIGN 978.664.0161 148 Park Street•Rt.62•North Reading,MA 01864 t, i tb rig 5 to b° :® f i g 1144t � 1 —eouG-°Ft.arr s 40 44 i � � xraooa t' ,J 6 0 GUY MESSIER RESIDENTIAL DESIGN 978.66A.0161 148 Park Street 9 Rt.62 0 Nath Reading,MA 01564 ilii j ' .� iriri�l !�■ i ri�>r`� IGS s .... aarr.•a�l��A� r�ri l�/1 11'���� .�..�...� �A�• r.rr -, ••rte flat_ ON BUNION ins so ilUl llililn unw�i'.uor�uua. ulnumrn wsuuu to uu li� ��son lull II C"��waFlllala.11fill lull. ell,n.!a.a,ala{ate .—•l—_ ,�, �■,• � i �iQiui iiia'�IS��c...,�t�rltlllin, uiiis..�..r ..w�_1 7 Olin NlNirii +.u� lolls' r MINN! An OWN R aa�•tatnfaatt "".'r�..� rr.nr.�w S 11115 - wrrirrrr+r�ra>• I���I ��� OUY MESSIER RESIDENTIAL DESIGN i i rl.-mgr;+-ter. AAi2 P+.DOAS - ..�p�w4��bo� 4� > > 4a-4° =1�►�9V( L-17- 4 . 1.bo 16 yyy u+m e. i•i 3 1 �0� iLZ�ea aYcaP�twur,- �irs+o�Y+ �KTCWto � _. -.. L—A-a �-1►w c { cow- 4 4c ioe o. GUY MESSIER RESIDENTIAL DESIGN �M.r 978.664.0161 148 Park Sheet•Rt.62•North Reading,MA 01864 ■' 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: l 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 E' 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 E 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 petitioner picks u the legal notice from the Office The information herein is an abstract of more specific Pe P P e9 requirements listed in the Zoning Board Rules and of the Zoning Board Of Appeals and delivers the legal ,? Regulations and is not meant to supersede them, items that notice to the local newspaper for publication: are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: IR 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 ;j 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. j Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be STEP 9: DECISION: completed. After the hearing,a copy of the Board's decision will be :# sent to all parties in interest. Any appeal of the Board's I 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 r information,the petitioner requests from the Assessors - y z Office a certified list of Parties in Interest (abutters). 7) : as3i§s IMPORTANT PHONE NUMBERS: D (� d � 978-688-9501 Town Clerk's Office [� 978-688-9545 Building Department SEP 1 {ul 978-688-9541 Zoning Board of Appeals Office 1 2003 BOARD OF APPEALS PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: ,To m . D i Vi::-- iq q7F -669-6s-" '9 Sc� not / A/. rq. o/84 '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: 7t)bA 2 P -e r L-1�2 Years Owned Land: 3.` Location of Property: a. Street: 66 �/ cu/7)`-&L Zoning District 93 b. Assessors: Map number 6 C Lot Number. 37 c. Registry of Deeds: Book Number 0 32 Y Ll Page Number: 030 4. By-Law Sections under whi h the petitio for the Special Permit is made. sje:� - - , 2. *Refer to the Permit Denial and Zoning By-lave Plan Review as supplied by the Building Commissioner. S. Describe the Special Permit request: S77 C c `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 a r Application oofor a SPE IAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking �` Minimum Lot set Back S . Ft. V C v ge /FeetJ. S s FVSide A Side B air b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking p P 9 k 9 Mmimum Lot set Back , Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % /Do' IS " ate" 313 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 a % l sf -;L 3a, � 3©' 7. a. Existing Buildings: { Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units ,p - !1 E�/D�It1 AL 1 *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units 13 32iyg. I � JXCan 0EJ:cM ll *Reference Use Code numbers and Uses from the Z ping Ordinance. State number of uni in�buildinga� 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zon' g Bo rd Rul d Regu tions y result in a dismissal by the Zoning Board of this application as incomplete. Signature T e above name s here- /,09 PAGE 4 OF 4 Application for a SPECIAL PERMIT y 4 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on 1, North point MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law and P 9.2 Special Permit Granting Authority shalt be clearly zoning district(s) I identified and factually supported: Addressing each of the 3. names of streets 4. wetlands to be shown on pian (if applicable) below points individually is required with this application. S. abutters of property,within 300 foot radius 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&Graphic Aids: use, structure or condition. 1. Proposed features in solid lines&outlined in d po re 3. There will be no nuisance or serious hazard to 2. Existing features to be removed in dashed lines vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for 3. Graphic Scales 4. Date of Plan the proper operation of the proposed use. -5. The use is in harmony with the purpose and intent of 5. Title of Plan 6. Names addresses and phone numbers of the the zoning by-law. 6. Specific reference and response to the criteria applicant, owner of record, and designer or required by the particular special permit for which this surveyor. application is made(i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS• po Permit respond to criteria and submittal ' requirements). Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and 10. Plan of Land topographic information. A set of building elevation and Each application to the Zoning Board of Appeals shall be interior of building plans will be required when the application involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days prior to Projects including decks,sheds,&garages shall be 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 malt all legal notices to all abutters, and then spaces, b)three or more dwelling units,and supply proof of mailing to ZBA secreta Applicant is c)2000 square feet of building area, ry� pPl to supply stamps(appropriate current postage)for Minor projects that are less than the above limits shall require only the plan information as indicated with mailing of decisions to all parties of interest as identified in MGLA ch. 40A in sec. 11 as listed on the asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one(1)set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten(10,)copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application.--- b) lication.b) Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two(2)years if not exercised and a new petition must be submitted. o t,..fl ti a Zoning Bylaw Review Form Town of North Andover Building Department y ; " 27 Charles St North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: oe w. Ma /Lot: G Applicant: LO JA ;1 77 77 Request: -r tfko 6 4-r u c v�P_ Date: m Please be advised that after r view ofyour.Application and Plans,that your Application is DENIED for the following Zoning Bylaw reasons: Zoning 3 item Notes Item,; Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting Ll 5 2 Frontage Complies 3 Lot Area Complies 3 _Preexisting frontage Lie5 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 ,A S 4 Special Permit Required 3 Preexisting CBA 5 Insufficient information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient y eS 2 Complies 3 Left Side Insufficient 3 Preexisting Height t� S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) ry1 Coverage exceeds maximum 7 Insufficient information 2 Coverage Complies D Watershed 3 Coverage Preexisting 9 1 Not in Watershed L11 e-17 4 Insufficient Information 2 In Watershed d Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 insufficient Information 3 insufficient tnforrriation 4 Pre-existingParkin Remedy for the above is checked below. Item # Special Permits Planning Board Item# variance Site Plan ReviewSpecial 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 HousingS ecial Permit Variance for S' n 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 Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special ecial Permit Special permit for preexisting nonconformin 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 Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and begin the permitting process. Building Department Official Signati,'; Application Received 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: d y I i Referred To: Fire Health Police zo ning Boars Conservation De artment of ublic Works Planning Historical Commission Other Building Dertment September 8, 2003 Town of North Andover North Andover, MA 01845 To Whom It May Concern: RE: Special Permit Written Documentation; John DeVecchia 1. The particular use proposed for the land or structure: We are requesting a special permit of the dimensional requirement for the purpose of an addition to pre-existing non-conforming single family residential structure. 2. The specific site is an appropriate.location for such use,structure or condition. The existing structure was constructed in 1925. (Prior to the existence of by-laws in North Andover.) The front of the house is 20'3"from the street. There is an existing porch and stairs on the front of the house further reducing the front set back to 10'9". All other set back for the proposed addition will meet the present set back requirements. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. There is sufficient land on which to place a dumpster thereby negating any hazard to vehicles and pedestrians. 4. Adequate facilities will be provided for the proper operation of the proposed used. There are an existing connection to town sewer and all other utilities to present dwelling. 5. The use is in harmony with the purpose and intent of the zoning by-law. The subject home as well as most of the homes around it was built prior to the existing of by-laws. The pre-existing non-conforming structure is non-conforming only from the front set back. The whole of the addition will conform with the present by-laws, therefore,there will be no extension of the non-conformity. The relief the petitioner is seeking will not substantially denigrate or impose upon the neighborhood. It arrears that LEMFile: IDevecchia,special permit.doc there has been a number of permits granted for additions in the recent past. There is one addition in progress just down the street from the locus. The lot will be landscaped to add o the visual upgradeproperty. to the 6. Specific reference and response to the criteria required by the particular special permit for which this application is made. The criteria for this special permit being requested for the extension of a pre-existing non-conforming structure is based upon my appeal on a hardship caused by living space and conditions. This home was built in 1925 (prior to the existence of zoning by-laws in North Andover) There is no part of the proposed addition which will inference upon the present zoning by-laws. The present structure is in need of repair and upgrading. I need the new space to provide room for my growing family and my lending institution wants me to provide them with either a special permit or variance to repair the existing property and build the addition. LEMFile: IDevecchia,specialpermiLdoc Residential Property Record Card#1 ARCEL ID: 210/060.C-0037-0000.0 MAP 060.0 BLOCK 0037 LOT 0000.0 PARCEL ADDRESS: 66 HEWITT AVENUE as of:8/12/03 PARCEL INFORMATION Use-Code: 101 Sale Price: 109000 Book: 03844 Road Type: T Inspect Date: 7/8/94 Tax Class; T Sale Date: 9/28/93 Page: 0308 Rd Condition: P Meas Date: 7/8/94 Tot Fin Area: 561 Sale Type: P Cert/Doc: Traffic: M Entrance: X )wner. CARANGELO,CHRIS-MICHAEL Tot Land Area: 0.23 Sale Valid: Y Water: Collect Id: RB Grantor: RAPOSO,MICHAEL Sewer: Inspect Reas: S kddress: 66 HEWITT AVENUE Exempt-B/L% / Resid-B/L% / Comm-B/L% / Indust-B/L%o / Open Sp-B/L% / NORTH ANDOVER MA 01845 RESIDENCE#1 INFORMATION LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 5 ZONE: R3 'tyle: BN Tot Rooms: 5 Main Fn Area: 561 Attic: Seg Type Code Method Sq-Ft Acres Influ-Y/N Value Class 'tory Height: 1 Bedrooms: 2 Up Fn Area: Bsmt Area: 483 toof: G Full Baths: 1 Add Fn Area: Fn Bsmt Area: 1 P 101 S 10000 Y 102228 :xt Wall: FB Half Baths: Unfin Area: Bsmt Grade: Aasonry Trim: Ext Bath Fix: Tot Fin Area: "oundation: CN Bath Qual: T RCNLD: 34078 Kitch Qual: T Mkt Adj: ieat Type: OT Ext Kftch: u'� —�- Sound Value: 'uel Type: G ra Cost Bldg: 34100 'fireplace: Bsmt Gar cap: Condition: G Att Str Val1: DETACHED STRUCTURE INFORMATION :antral AC: N Bsmt Gar SF: Pct Complete: Att Str Val2: Str Unit Msr-1 Msr-2 E-YR-Blt Grade Cond %oGood P/F/E/R Cost Class Att Gar SF: %Good P/F/E/R: /100/100/68 )orch_ype Porch Area Porch Grade Factor W 196 VALUATION INFORMATION SKETCH Current Total: 136300 Bldg: 34100 Land: 102200 MktLnd: 102200 13 Prior Tot: 125100 Bldg: 31300 Land: 93800 MktLnd: 93800 6 PHOTO 8 FM 8 561 Sq.Ft. W `26 Sq.Ft. 21 21 123 i i i i i i I I 14 6 ....... ............. .........................._............................._._..................... 4 I W 17 I5 SI4 t�JII 46 Town of North Andover Zonin Board of Appeals Parties of Interest/Abutters Lison t 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 60C 27 ThN Di V e lig 66 ABUTTERS PROPERTIES MAP PARCEL NAME .ADDRESS 60 365 Jos CI-ti LU F 0 134 7y o-bo hf�lrr�- c 3Y LEVI? U F_ oC as oL_ - v ( 0 C 33 � � � a 3 � 1�ho DPW qcl �oSF to DC sgph 14 F n 31_1-on6-Leff O C 3a fo 0 C 3 nfercJ/ .� (00C 39 F '00C YoL1. U� GOC y� 1AV 3 91 d o y q4U&J�45 �fi7w� U 97 Ll DUNs E� - � t 117 -T 34 - 111 MCIADOW yv jp THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS-OFFICE BY: DATE SIGNATURE PAGE OF JZA drtifi Date Board of Arssess o Andover 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 dist, 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.) NIAP PARCEL NAME ADDRESS ABUTTERS PROPERTIES ivLAP PARCEL NAME - ADDRESS 7 a� of ��II U 'ALF< .9AJ i Ro �Al��/ _ J 1-/ a A.m_L! 1�COISF /p(47 / 3 7 190E 16 L ,G- THIS li iFOkNIATION WAS OBTALNED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGMA PAGE OF Certified by ��y ate Board ofAssemo Andover _ r� iii��.��='� �,._,.I�I�.�I■�� ���1�u■I ��-- ■! -��- - _- r! — ----.—_—.-.-- �:'��� UwYYIIr �uI�j���llll)l�1.���I�!, m I(wuwmunw�Yumull ` Wi1t1Wg1l1 )W1�8111 • g1nI u�� : N@ki, 111111 •uu"�1�► 001211 �. IMP a�u�llolJ MIMI � so ,... ��1�1 I■ - � _ .. - - ..• � � --� ���. �� i ��OIIIIIIIIIIIIIIIII III 1111 fir. � � .�� 1 11111111111 � �1 � � 11� . IIIIIIIII II tI1111111iI1111I111:111 r _ . ■ ���_ _ .�_���1 ili'1I1117111111'.IID I tF--�•- Ali /g/! --""' ■®■I - SHE . U77 ■/. 1 - �/'� ams-.-.�,. �;.•,.,�..1,..�� ... se _.-sr---r—�- ��iq' �'��,It�iO�■Fi I'I�\� � �m •_ GUY MESSIER RESIDENTIAL DESIGN, q�-rs°' � 'Ll�•6u 2lc•u w h.0 _1 Mr J� . rc , _ 110 A Q J L _ f 9 oy tt C i 4 y 'i�it4tr t'�' Rug••= i -- -- - tit - �k"� (Fi 05 GUY MESSIER RESIDENTIAL DESIGN 978.664-0161 148 Park Street•Rt.62•North Reading,MA 01864 31.a" m s � J t, iw7 �7. Mai 7r 0 M t K i �-V t L � GUY MESSIER RESIDENTIAL DESIGN 478,664.0161 148 Park Street•Rt.62•North Reading,MA 01864 t, 1.aa 2'l�.ccK s til•`" 5�^ " v° YO I F n:,� lee ✓ ICq,� - sss stl Jr jI 44 1 _ 3 ' .. .. . - 004 if �3 to K N Wt °a ISN NL l a� R GUY MESSIER RESIDENTIAL DESIGN MNr 97&6640161 148 Park Street•Rt.62•North Reading,MA 01864 ilil �YYYY■Y��Y _ - •� —� LAY ■IY�YY■YYYYI�Y�Y _ � _ ._.�..■-, = == /�■ X11■1 ���i ;' I��I■��►�I� ' - � ,� � ■■■ '111■ ■■■ ---�r-- ■Ir'■ rul .r r•••�i�eriiutf u�ur��i�,�i1�u i�i� 1i�Yiu (i��.�'!�'I II��'I j 1• `;- ■.�`Yson ,■Lfll'.■I■ ■Y�■� �A�',� -MI ll�A/ �El�u�n uw uu� eu nil-u�l�It91!• �u..r.•� ra..Y.wYY �. X1111 Ililili --'-- � � �' RESIDENTIAL Y , �� gttr4T ��1Ntr' ,C -ascus-1e�yt". O1cFe�'[�za �t.1tYr�l.'VEMT 'F'6. 1 ....,2.��9�7.. ,. •61C' Ip �iaYyor,6 SY I i a d _-'t��'/vRt�t.fJr• t1^•b--� 6�-10� 51.b �i 3 eo oleo �d -�...0'�FWWCbi 4"i ' • .. -. `�PAA� '6/i�M1F'�'L`�A$ZM.2l�{yatc,.:. 6 -� -�xarcava� s1 0 V� d' A it Y i IiC f lob • a. GUY I MES R RESIDENTIAL ESIDENTIAI DESIGN •^••`ti 978-6640161 148 Park Street W.62 North Reading,MA 01864 ■'' \\ I Oct 20 03 12: 56p Joseph T. Keyes (978) 664--1291 p.2 Oct 20 03 11: 384 NORTH ANDOVER 9786£3$354z p. 1 'own of North Andover Office of ffie Zoning Board of Appeals 3=• q Community Development anis Services Division 27 Charles Street s : • North Andover,Massachme.ts DI 8.15 D- R�6cn Nic_<tra Telephone(On)688-W41 :I:rrl�•;?g l:Re,ipttccrcnEY Fax (9:8; }$9542 Date ry+e T0: Town of North Andover Zoning Beard of Appeals 27 Charics Strcct E ; Nom h:�nslover,MIA 01 845 �o Please be advised that I have agreed to waive the tirne corsstraints for the North tlndovet Zoring Board of Appeals to make a decision regarding the granting of a Variance gal Perrtut Comprehensive Permit(408) Finding for property located at. STREET:�s_!%^7P �.C+' -�!'4'��/�- TO MEETING DATF,(S): _�rT � NAME Off'PETITIONER: v Signed: Petitioner(or petitioner's repre nt ve) WA]VEK T3oatd of'N,�+wlx 9'7?-6X3-3aA t I�.;;ding:!"';WS3-S<4: Cnnscroa�ion 973.6x£tA530 11taNJt Y,'R•oS8.95iU Pi�miGc�97k•GSR-9531 N Town of North Andover Ot NOR7p Office of the Zoning Board of Appeals F A Community Development and Services Division 27 Charles Street " °+ --• 4c" North Andover,Massachusetts 01.845 'SscNus�t 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: 66 Hewitt Avenue NAME: John DiVecchia HEARING DATE(S):October 14& December 9,2003 ADDRESS: 66 Hewitt Avenue PETITION. 2003-035 North Andover,MA 01845 TYPINCXDATE: 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 DiVecchia,66 Hewitt Avenue,North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of front setback requirements and a Special Permit from Section 9,Paragraph 9.2 of the Zoning By- law in order to allow for the addition of a proposed family room,kitchen,bedrooms and garage to a pre- existing structure on a pre-existing,non-conforming lot. The said premise affected is property with frontage on the South side of Hewitt Avenue within the R-3 zoning district. Legal notices were published in the Eagle Tribune on September 29&October 6,2003. The following members were present: William J. Sullivan,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. Upon a motion by Joseph D.LaGrasse and 2 d by Richard J.Byers,the Board voted to GRANT the Special Permit from Section 9,Paragraph 9.2 in order to construct a new dwelling within the R-3 setbacks on a non-conforming lot per Guy Messier Residential Design, 148 Park Street,North Reading,MA,Job# 1437. Dated 11/14/03,sheets 1-7 and Plot Plan-Owner:John DiVecchia,Location:66 Hewitt Avenue,North Andover,MA,Date:November 28,2003 by Stephen P.Des Roche,PRLS#27699,Engineering& Surveying Services,70 Bailey Court,Haverhill,Massachusetts 01832 in conjunction with Neponset Valley Survey;on the following conditions: 1. The existing dwelling and shed will be razed and removed. 2. The existing foundation will be filled according to the Building Commissioner's instructions. 3. If the old septic system is still on the site,then it will be removed and the area filled according - to the Building Commissioner's instructions. Voting in favor: William J.Sullivan,Ellen P.McIntyre, Joseph D. LaGrasse,Joe E.Smith,and Richard J.Byers. Upon a motion by Joseph D.LaGrasse and 2°d by John M.Pallone,the Board voted to allow the petitioner to WITHDRAW THE PETITION FOR THE VARIANCE WITHOUT PREJUDICE. Voting in favor: William J. Sullivan,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard J.Byers. The Board finds that the applicant's smaller dwelling plan and revised site plan now conform to all R-3 setbacks,and the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning ByJAW that such change,extension,or alteration shall not be substantially more detrimental than the existinon- conforming structure to the neighborhood. Paget of 2 w 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 NORT14 Office of the Zoning Board of Appeals 1- A Community Development and Services Division • 27 Charles Street 0 North Andover,Massachusetts 01845 'ss;,C�„sEt� 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, (n1 JLI William I S llivan,Chairman F Decision 2003-035 M60CP37 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 hoc Town of forth Andover Kusrh Office of the Zoning Board of Appeals Community Development and Services Division 1 27 Charles Street "Rw.eu•r*tC`� s s � u 1 North Andover Massachusetts 01845 c►+ s Q. Rvbe,4,l�cetta. Telephone(978)688-95� Building Commissioner Fax (978) 688-9� Date 1 d �L _o-3 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 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 'Variance Special Permit Comprehensive Permit (40B) Finding for property located at: STREET: 66 14eww'it AVP,4 U f'_ TO": &)Oo-er TO MEETING DATE(S): too — 0-3 NAME OF PETITIONER: �f ►� I/2 C'(1 ►G Signed: Petitioner (or petitioner's re re tative) WAIVER Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 PLOT PLAN OWNER: JOHN DELVECCIA LOCATION: 66 HEWITT AVENUE NORTH ANDOVER, MA DATE: AUGUST 8, 2003 SCALE: 1"=20' HE WE TT A VENUE ZONING DISTRICT: R 3 MINIMUM SETBACKS: TOWN OF NORTH ANDOVER 100.00' FRONT YARD = 30' SIDE YARD 20' BOARD OF APPEALS t f 't o 1 � = y REAR YARD 30' y to I CERTIFY THAT THE DWELLING IS LOCATED ON THE GROUND AS SHOWN. TO BE REMOVED •1 t EXISTING * 21.6' , DOELLING STEPHEN 6 PROPOSED% -► P. -► ��/ Des Roche ADDITION N).2769924.4' o.27699 DATE g 24. IS� .a. LAt� r te; HE PROFES MAL LAS SURVEYO` APPLICANT 24 PROP. DECK 21'/ 1 t DATE: � a TO DE REMOVED PREPARED BY DATE OF FILING AREA-10 000 S.F. w ENGINEERING & SURVEYING SERVICE'S DATE OF PUBLIC HEARING ~- 70 BAILEY COURT 100.00' HAVERHILL, MASSACHUSETTS 01832 TELEPHONE: (978)-815-7835 GRAPM scam c 20 40IN CONDUCTION WITH fN.. a FMT, NEPONSET VALLEY SURVEY I Gab•20 it