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Home My WebLink AboutMiscellaneous - 76 GREENE STREET Town of North Andover °f N°RTM Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'ss�cHusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 76 Greene Street NAME: David A.&Christina M.Logan HEARING(S): March 9&May 13,2004 ADDRESS: 76 Greene Street PETITION: 2004-007 North Andover,MA 01845 TYPING DATE: 05-17-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday,May 13,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of David A.& Christina M.Logan,76 Greene Street,North Andover,requesting a Variance from Section 7,Paragraph 7.3 &Table 2 for the rear setback;and a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure by constructing proposed 1 story addition for kitchen,'/ bath,and breakfast nook on a pre-existing,non-conforming lot. The said premise affected is property with frontage on the East side of Greene Street within the R-4 zoning district. The legal notice was published in the Eagle Tribune on February 23&March 1,2004. The following members were present: Walter F. Soule,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 a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback of 17' in order to construct a proposed 1 story addition for kitchen,'/2 bath,and breakfast nook;and GRANT a Special Permit from Section 9,Paragraph 9.2 in order to extend a pre-existing structure on a pre-existing,non- conforming lot per Plot Plan of Land,location 76 Greene Street,North Andover,MA prepared for David A.& Christina M.Logan,date: October 22,2003 by Frank S.Giles II,PLS#49793,Scott L. Giles,Frank S.Giles Surveying,50 Deermeadow Road,North Andover,MA 01845.Voting in favor: Walter F. Soule,Ellen P. McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. The Board finds that the applicant's agreement to run the proposed drain pipe(dotted line)from the left front corner of the existing house to the Greene Street catch basin satisfies the provisions Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 13oard 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 °f N°RTN Office of the Zoning Board of Appeals Community Development and Services Division « « 27 Charles Street + <_-<--• North Andover,Massachusetts 01845 'SSACMusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals Walter F. Soule,Vice Chairman Decision 2004-007. M43P25. Page 2 of 2 a Board of Appeals 978-688-954I Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development meet and Services Division � r 27 Charles Street •° � - - Qj unATMp. North Andover,Massachusetts 01845 '�s�c►+us�` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date 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 ariance Special Permi Compre ensive Permit (40B)' _ Finding for property located at: STREET: Cr-r-e e n s s f�,e f f TOWN: V\h oyey' TO MEETING DATE(S): . J 3 NAME OF PETITIONER: ��Ui d � s + �� ► �-D h Signed: "/ ,�n Petitioner(or petitioner's representative) �,00 q- oD7 VA WAIVER O BUf eals 978 6 —9 Conservation Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 P n arms BOARD OF APPEALS Hpr 13 04 01 : 15p NORTH ANDOVER 9796899542 P-3 Town of North Andover Office of the Zoning Board of Appeals Development and Services I?ivision Community 27 Charles ShrtK'.l 'sswaus` North Andover, {VMas`+ai hu%VLLS M8-95-4-- D. Robcri Nicola Fax (iili:tllll'� Cr»rllHi\'.lUT1CP - . Date TO: Tov,-n of North Andover Zoning Board of Appy 37 Charles Street North Andover MA 01845 that I have agreed to waive the time constraints far the North M1' Please be advised thegruntingof a f_ to make a decision regarding r- Board of Appy r- Andover Zoning -- Variance S ecial Pemit ' i - Comprehensive pernut(40B) ; Finding - cr1 for property located at: G STREET: PARCEL: MAP: -------�-- TOWN: TO MEETING DATES) ;NAME OF PETITIONER.:_.)71tionere-S Si<med: ntative) e a Petitioner(or iepres WAiVLR ' iAiudol'?»q�'rh97�•(SS•H.'»l lAiildiuE)7X-GSti.159� Crwwar•ation'i?ti-(•Kt.4j�13 li•u1Sh7.X-tti\.1. Tnn Fib Alfa T. RAi.7qQV -n jPQQ� VQ7. QI:R YVA rb:£T !4n.T. vnisT/IPO Town of North Andover NORTH Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'SSwCNusts D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 91h of March, 2004 at 7:30 PM to all parties interested in the appeal of David A. & Christina M. Logan,76 Greene Street,requesting a Variance from Section 7, Paragraph 7.3 &Table 2 for the right side setback; and a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non-conforming structure by constructing a proposed 1 story addition for kitchen, t/2 bath, and breakfast nook on a pre-existing, non- conforming lot. The said premise affected is property with frontage on the East side of Greene Street within the R-4 zoning district. Pians are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on February 23 &March 1, 2004. a IZ sir Legalnotice 2004-007. -- 0 M43P25. „. r .9 r {D C 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 Office of the Zoning Board of Appeals 0? °`�° °p Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 ''tsACMus�` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 9th of March, 2004 at 7:30 PM to all parties interested in the appeal of David A. & Christine M.Logan,76 Greene Street,requesting a Variance from Section 7, Paragraph 7.3 &Table 2 for the right side setback;and a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure by constructing a proposed 1 story addition for kitchen, 1/2 bath, and breakfast nook on a pre-existing, non- conforming lot. The said premise affected is property with frontage on the East side of Greene Street within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on February 23 &March 1, 2004. Legalnotice 2004-007. M43P25. 00 Cx` N it Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 TOWN OF NORTH ANDOVER SPECIAL PERMIT Ns'"o ZONING BOARD OF APPEALS a00 NAME 4wTro hT`y'l. ADDRESS OF APPEAL Procedure & Requirements for an Application for a Special Permit =� ; -, rr i Ten (10)copies of the following information must be STEP 6-SCHEDULING OF HEARY�NG submitted thirty (30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE. r Failure to submit the required information within the The Office of the Zoning Board of a#sdutes time periods prescribed may result in a dismissal by the the applicant for a hearing date rept file legal Zoning Board of an application as incomplete. notice for mailing to the parties in inWresi:(abutters) and The information herein is an abstract of more specific for publication in the newspaper. Thor petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has bee prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7;DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Permit Denial form completed by the Codes of the Zoning Board of Appeals and delivers the legal Administrator. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and iripluding 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise receive. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: seat to all parties in interest Any appeal of the Board's The petitioner requests from the Assessors Office a decision may be made pursuant to Massachusetts certified list of Parties in Interest(abutters). General Law ch. 40A sec. 17,within twenty (20)days r after the decision is filed with the Town Clerk. STEPS: SUBMIT APPLICATION Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISION of all the required information to the Town Clerk's Office PLANS: I to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of of filing. The original will be left at the Town Clerk's the decision and any accompanying plans at the Essex Office, and the 10 Xerox copies will be left with the County North Registry of Deeds, 381 Common St., F Zoning Board of Appeals secretary, Lawrence MA,and shall complete the Certification of Recording form and forward it to the Zoning.Board of Appeals and the Building Department. Mmm IMPORTANT PHONE NfM€3ERS 978-688-9533 Office of Community Dev&Services 27 Charles Street North Andover, MA 01845 978-688-9501 Town Cleric's Office 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688.9541 Zoning Board of Appeals Office PAGE 1 of 4 1 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: A . � LHLl511WA �-k . 1, z t7BO 91-1e- Lob'3 - H013 q KIO R. a "The petitioner shalt 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: h(:NV ► L A . a�-,A _ LELLS-CILA LnthO V38 - ) 9'O8 DL, S-rp-teT- iA O Lo V ELS. . HA of�3u 5 Years Owned Land: 3. Location of Property: a. Street: `l to C-A�E l°j\i G- Zoning District b. Assessors: Map number L 3 Lot Number: a 5- c. Registry of Deeds: Book Number 5,;k q-1) Page Number: a S 8 4. By-Law Sections ureter which thepetition for the Special Permit is made. 'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit : l,' D nI - )E�)S !ll A /L12AT1 �' iQ� T71V 67 NMI-- C-DAJ En k M i L)6-- 1 o T AIJ 6 ST E L n f" ,E "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. i I �f 1 Page 3 of 4 Application for a SPECT PERMIT q AL PE NQRTH ANDOVER ZQNING BOARD OF APPEALS 6.a Existing Lot. Lot Area Open Space Percent Loot Frontage Parking �` Minimum Lot set Back q �Ft. Covgryge Feet°� a 3 Spaces7,00 -13o Front Side A Side B Rear lA% b. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Ping * Minimum Lot set Back Sq. Ft. 5q. Ft. Coverage Feet Spaces Front Siete A Side B Rear - - - N1A % R 3 ;Z— a-7 o �� Q:3.0 13J) C. Required Lot: (As required by Zoning 9y4Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Bade• Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side B Rear O o2- /d a. ,3D,0 5�0 1,g-, a 3-6 . 7. a. Existing Buildings: G Ground Floor Number of Total Use of { I Number Square feet Floors Sq.feet:`, Building. of Units 4-40 G-AP v-C 1 Reference Use Cotte numbers and Uses from the Zoning By-lar►►Stake number of emws in bwidirxg• B. Proposed Buildings: Ground Floor Number of Total Use of Ntenber Square feet Floors Sq feet Building' of Units, -- _ 3t� RSGIISE& ,AL AL iT70�j I ,hL_ I A r NI k � �K-I TZJ ' lk. BAT14 -% � FA bA K ST— N10(09 , Reference Use Code numbers and Uses from the Zoning Ordinances State rw *"of units in f - 8. Petitioner and Landowner signature is): Every application for a Species 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 respons"W of the petitioner to furnish all supporting documentation with this application. The dated copy of the apowation received by the Town Clerk or the Zoning Board of Appeals does not absolve the appbeant from this responsibility- The petitioner shalt be i responsible for all expenses for Ming and WJal notification- Failure to comply with application rec0remerits, as cited herein and in the Zoning Board Rules and Regulations eg may result in a mat by the Zoning Board as incomplete. of this application Signature batJ I Type above names here 1 A V 1 4 PAGE 4 OF 4 SPECIAL PERMIT i I 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in I) Size of plan: Ten (10) paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 11"x1711, preferred scale of 1"=40' Permit from the requirements of MGLA ch. 40A, and the In One(1)Mylar. North Andover Zoning By-laws, all dimensional IIID Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. Each point, 1-6 individually, is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: 1. The particular use proposed for the land or structure. 1) Site Orientation shall include: 2.The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district(s) 3.There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties 5.The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria I1)Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements_). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and designer or be accompanied by the following described plan. Plans surveyor. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10 D. Amor Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds, and garages, appeals. shall require only the pian information as indicated with an. asterisks(*). In some cases further information may A set of building elevations plans may be required be required when the application involves new construction/conversion/and/or a proposed change 11. APPLICATIC1 FILING FEES in use. A. Notification fees:Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841"for the cost of first loss, certified, Major projects are those which involve one of the return rept($4.42 as of November 2003)x#of all following whether existing or proposed: pales in interest identified in MGLA ch.40A§11 on the abutter's list for the legal notice check. Also, the I)five or more parking spaces, applicant shall supply first class postage stamps 1Hthree(squaa more dwelling units,re feet of building area. (currently 37¢)x the#of parties of interest on the III)2000 sqabutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels: Applicant shall provide four(4) features, plans must show detailed utilities, soils, and sets of mailing labels no larger than 1"x2-5/8"(3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. ►►►► A Special Permit once grated by the ZBA will lapse in 2(two)years if not exercised and a new petition must be submitted. t �011ln I + � 9 Bylaw Review Form }}r7 ► ';B r ' �4� at Town Of North Andover do Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Pax 978-688-9542 Street: ) lP G Map/Lot: 3 a 5- `F. Applicant: q ID q- e r,1S l� �� ra Re uest: ( Co yc, of t - L< c Date: Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning - item Notes Item A Lot Area Notes 1 Lot area InsufficientF Frontage 1 -Frontage Insufficient 2 Lot Area Preexisting y e 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage e 4 Insufficient Information 4 1 Allowed Insufficient Information B Use 5 No access over Frontage 2 Not Allowed G Contiguous Building Area Insufficient Area 3 Use Preexisting 9 Complies 4 Special Permit Required ct e S -1 'e S 5 Insufficient Information 3 Preexistin CBA C setback Insufficient Information H Building Heigh# Front Insufficient 1 All setbacks comply 1 Height Exceeds Maximum 2 2 Complies 3 Left Side Insufficient 4 Right Side Insufficientotr A �o� 3 Preexistin H ht 4 Insufficient Information 5 Rear Insufficient ( Building Coverage 6 Preexisting setback(s) `fie s 1 Covera a exceeds maximum. 7 Insufficient Information 2 Covera a Complies p Watershed `��s 3 Coverage Preexisting 1 Not in Watershed �{ s 4 Insufficient Information 2 In Watershed j Sign :F Lot prior to 10/24/94 4 Zone to be Determined 1 Sign not allowed. 5 2 Insufficient Information 3 nIn n Complies sufficient.Information E Historic District K Parking 1 In District review requiredA) A 1 More Parkin Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existina Parkin Remedy for the above is checked below. Item # Special Permits.Planning Board Item # Variance Site Plan Review Special Permit C- Setback Variance Access other than Fronta e S ecial Permit n Variance. Frontage Exception Lot Special Permit Parki Common DrivewaySpecial Permit Lot Area Variance Con re ate Housin S ecial permit Hei ht Variance Continuing Care Retirement Special Permit Variance for Sion Independent ElderlyHousingspecial Permit S ecial Permits Zoning Board Special Permit Non-conformingUse MA Lar e Estate Condo S Special Permit Earth Removal special Permit ZBA Planned Develo merit District special Permit _ Planned Residential Special Permit Special Permit Use not Listed but Similar R-6 Density Special Permit Special Permit for Sign Special permit for preexisting Watershed S ecial Permit nonconformin 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 b the applicant Y pp scant nor shall such provide definitive h verbal explanations ve answers to the above reasons for misleading nt�y the applicant serve to changes to the information submitted by the applicant shall be gro nds for thiserev ew to be Voide at the discretion of he subsequent 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. BW 41diDepartment Official Si ria f /J~/� �� / y�� g .,e 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: ImMx Hill Ale 47 Al vP-0 cv.v ,�.� S ��v c Uhf o ti a d . lq w c- 4, A /, Y10 11D aS�o�, �3 EE ---------- Referred To: Fire Police Health Conservation Zonis Board Plannin De artment of Public Works Other Historical Commission Buildin De artment 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 PAR. NAME ADDRESS 4325 DAVID A CHRISTINE LOGAN 76 GREENE ST. N.ANDOVER,MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 43 6 SMEDILE, JAMES S & ROSEMARY 65 GREENE ST. N.ANDOVER,MA 01845 4322 'GAROFOLI NOMINEE P V&P B 15 BRADSTREET RD. N.ANDOVER,MA 01845 4323 W aRCHOL,JOYCE A 9 BRADSTREET RD N.ANDOVER,MA 01845 4324 ROMANO,ERNEST F&ANTOINETTA 64 GREENE ST N.ANDOVER,MA 01845 4326 DIRESTA,DAVID M 10 WOO BRIDGE RD N.ANDOVER,MA 01845 43-418 ROHN,PHILIP W 18 WOODBRIDGE RD N.ANDOVER,MA 01845 43 30 DANIEL F ELEANOR P CAHILL 11 WOODBRIDGE RD N.ANDOVER;MA 41845 43 31 COSTELLO,JOHN 88 GREENEST N.ANDOVER,MA 01845 33 2.1 RALLO,SALVATORE J&BETTY L 36 PARKER ST N.ANDOVER,NIA 01845 32 14 LAFOND,PETER J&DIANE L 75 GREENE ST. N.ANDOVER,MA 01845 THIS INFORMATION WAS OBTAINED AT TBE ASSESSSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE: SIGNATURE PAGE: 1 OF 1 �I Dee q of 4ASse or orth AndOer /�/ B Town of North Andover North Andover, MA 01845 To Whom It May Concern, Re: Special Permit Written Documentation 1. The particular use proposed for the land or structure: We are requesting a variance on the rear set-back dimensional requirement for the purpose of building an addition to our home. The addition will be used as a kitchen, half bathroom and breakfast nook(one floor only). Our existing kitchen will become a family room. 2. The specific site is an appropriate location for such use,structure or condition. We are desirous of adding a more functional kitchen, located on the North side of our house, which falls within the definition of"Pre-existing non-conforming." Our present kitchen is fairly small,with four doorway openings, and very little workspace. It makes the most sense to add onto this side of our house, as it is closest to our garage, and it will least impact our neighbors. We also plan to add a half bathroom, as our home currently has just one full bathroom. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. This land is set back from the road, away from vehicles and pedestrians. Proper care and clean up of the site will take place daily. 4. Adequate facilities will be provided for the proper operation of the proposed use. The proposed kitchen will take the place of the existing kitchen. A half bathroom will be added to better accommodate our family, but there should be little additional stress to the water or sewer system as no additional people will be using or living in this house as a result of the work to be done. 5. The use is in harmony with the purpose and intent of the zoning by-law. It is our understanding that the intent of the rear set-back requirement is to provide sufficient distance between dwellings in the zoning district. The relief we are seeking does not substantially denigrate or impose upon our neighbors, who border us on the East side. The part of our house currently facing those neighbors is thirteen feet from our lot line, so we are not seeking to go any closer to them. A six foot fence divides our property line near this location as well, so visual impact will be minimal. 6. Specific reference and response to the criteria required by the particular special permit for which this application is being made. The criteria for this special permit being requested for the extension of a pre-existing non-conforming structure is based upon our appeal on a hardship caused by living/space conditions. The house was originally built to comply with zoning requirements. Since the time of construction those set-back requirements have increased such that our existing kitchen falls within the 30 foot rear set-back requirement. 1.) Built as a kitchen at the time of original construction in 1930,the current room is impractical as such, in that it has four doorway openings in the room, making appliance and cabinet layout difficult. We have less than 10 feet of cabinet and counter space, which provides very little storage and work space. 2.) Our home has only one bathroom, located on the second floor. The addition of a half bathroom is for convenience and added privacy. 3.) Since we bought our home five years ago,our children have grown to 13 and 8 years of age, necessitating our having a family room, which currently does not exist. The proposed addition of a more workable kitchen would allow the use of our current kitchen as a family room. We would like to address these three issues altogether by adding a new addition,to include a kitchen, half bathroom and breakfast nook. Sincerely, David A. Logan Christina M. Logan 76 . TOWN OF NORTH ANDOVER VARIANCE of�oerh Sm ,e 1�A ZONING BOARD OF APPEALS NAME: c ADDRESS OF APPEAL: � Y Procedure & Requirements for an Application for a Variance Ten(10) copies of the following information must be o submitted thirty(30)days prior to the first public hearing. STEP 6:SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a diissal by the The Office of the Zoning Board of Appel_ schedules ZoningBoard of an application as incom fete. the applicant for a hearing date and prei the legal pyres M The information herein is an abstract of more notice for mailing to the parties in intere (a and specific requirements listed in the Zoning Board for publication in the newspaper_ The ptitiorae '" notified legal has prepar d that the ll notice hKrar#the Rules and Regulations and is not meant to P >cost . supersede them. The petitioner will complete items of Party in interest fee. CD,-"�F r '°res cy that are underlined STEP 7:DELIVERY OF LEGAL NOTICE T& NEWSPAPER r; STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal noticeqlom the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the local newspaper publication. Building Commissioner. f STEP 8: PUBUC HEARING BEFORE THE ZONING f STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form#o petition the The petitioner should appear in his/her behalf,or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the information it has otherwise receive. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17, within twenty(20)days certified list of Parties in Interest'(abutlers)_ after the decision is filed with the Town Cleric. E STEP 5: SUBMIT APPLICATION: Step 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Cleric's Office the decision and any accompanying plans at the Essex to be certified by the Town Cleric with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building,Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev&Services 27 Charles Street, North Andover, MA 01845 978-688-9501 Town Cleric's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner. Name, address and telephone number- a Kio A N M A -The peWioner shah be entered on the legal race&W the decmm as entered above 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: cu. � �+ >✓t�C- STrz -r Years Owned Land: 3. Location of Pr a. Street: `�6 N E Ste. Zoning District 94 b. Assessors: Map number s3_Lot Number: a_ c. Registry of Deeds: Book Number 5 a�-0 Page Number---Q5-0 4. Zoning Sections under which the petition for the Variance is made. SE LTi' o A-1 3 atA.-.L -7—A 'Refer to the Perfv*Denial and Zoning By-Lahr Plan Review as suppied by the BuI&V commoner 5. Describe the Variance request RE/9(�. � � u b I L 6/ 7-7 o ry . Jr- ill�l ��-✓L�T7 I� "The above description st"be usW fw!be purpose of Me M9W notice and decision. A mere detailed Zo w +aye the ►nneJ i�arr!Rides and Regulations as cited on paged of this application.Failrre by the applicant kr clearly describe tl*request may remit in a decision#W does not address me bditrt of the applicant. The decision wo be anited to the request by the appUcark and WN not kwolve additional#erns not included above_ 6a, Difference from Zoning By-Law requirenx4 tS: Indicate the dimetwkwn 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. a Feet S j Coverage paces Fnxrt Side A Side B Rear A._a7qj_�C) t. N�� % B. n1_ l 01A % �Db7 �� 8i2A1--1 Tf��I`E 1 OF- TonlN o (_ w0eT1-t A lj W V U,. Zo ala t o (r G'j o W Page 3 of 4 Application for a VARIANCE 511 }_. .. W "IN ._ ml 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 , L -�-- a n 5�,o a 3.0 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 ,vl A N�H L11 % d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space P� Frontage Parking Minimum Lot set Back" Sq. Ft Sq. Ft_ Feet Spaces. Front Side A Side B Rew AJI J M 1.4- % / a0.(D 30, 0 7. a Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq_fent Budding kPAJT-I qqb i oflA c k 'Reference Uses from the Zo"By 4AW State trcrrrrber of W*s in W"V. b. Proposed Buildings: Ground Floor Number of Total use Of Square feet Floors Sq.feet Budding" '3& R SI -ti /� A n o ti k�TZHr✓ tubi V)H 'Reference Uses from the Zoning By l wv State number of urMs in Mrfidn9: 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form which is the official form of the Zoo M Board of Appeals. Every appkeafion shall lx Beef with the Town ClerVs Office. tt shall be the resPorrsibrNY d ftre PeMiww 10 furrah ant supporting dDeurrrentatim with this:ppkafton. The dated copy of this application received by the Town Clerk or the Zorrng Board of Appeals does absolve the applicant from this responsib ty- The petitioner shall be r possible for all expenses for fik g and mal notification_ Fa"e to corn*n*wit r appkatm reyuirernerrts,as cited herein and in the Zoning Board Rules and egulations may result in a dismissal by the ZonitV Boar4 of itis applicatim as irroornplefe. SignatureALI Type above name (s) here hs A v i Is f� r {�0 &-A N H lL l&7-7 UA- 1'x-1 . PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Pian Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten (10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x1T', preferred scale of 1"=40' detail all facts relied upon. When requesting a variance 11)One(1) Mylar. from the requirements of MGLA ch_ 40A, Sec_ 10.4 and III) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be dearly identified and factually five(5)ZBA signatures and date indicated on the supported. Each point,A-F individually, is required Mylar. to be addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or I) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if appkable) sought which do not affect ' g generally the zoning 5. abutters of property, within 300 radius district in which the property is located. 6_ locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions II)Legend &Graphic Aids: with respect to the land or bWlding for which the 1. Proposed features in solid lines&outlined in red variance is sought 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3_ Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan i E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer or substantiallyfrom the intent o surveyor. ? derogating Purpose of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is died for in ZBA Mkxw projects,such an decks,sheds,and garages, � application. shall require only the plan information as indicated with an. asterisks(*). 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 FLING FEES must be submitted with this application to the Town A. Notification fees: Applicant shall provide a I 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 #022-1760-4841-for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all panties 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 requWed when the application applicant shall supply first class postage stamps involves new construction/converslon/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1'x2-5/8" (3 copies Major projects are those,which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I)five or more parking spaces, C. Administrative fee of$50.00 per application. II)three(3)or more dwelling units, III) 2000 square feet of building area. ►► A Variance once granted by the ZBA will.lapse in 1 (one)year if not exercised and a new petition Major Projects shall require that in addition to the above must be submitted.t features, plans must show detailed utilities, soils, and topographic information. �Zoni g n Bylaw Review Form Town Of North Andover Building 27 Department Charles St. North Andover, , MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: Ma /Lot• � r\e e.� e -�. � 3 Z A licant: �L ID g e niS VV -Request: f ( �c °� • _ k`+G.. A 4 Date: _ 1 - 03 i t o Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin - ------------- Item Notes A Lot Area Item Notes 1 Lot area Insufficient Frontage Frontage a Insufficient 2 Lot Area Preexisting �e;J2 3 Lot Area Complies Frontage Complies 3 e --i---Insufficient Information Preexisting frontage 4 Insufficient Information B Use Allowed 5 No access over Frontage 1 2 Not Allowed G Contiguous Building Area 1 Insufficient Area 3 Use Preexisting 2 Complies Ll e 4 Special Permit Required i- 55 s 5 Insufficient Information 3 Preexistin CBA C Setback 4 Insufficient information H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 3 Left Side Insufficient 2 Complies 4 Right Side Insufficient oN A ,oma 3 PreexistingHeight 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks ITP___n 1 Covera e exceeds maximum 7 Insufficient Information D Watershed 2 Coverage Complies 3 Coverage Preexisting 1 Not in Watershed Ll e s 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 A 4 Zone to be Determined 1 Sign not allowed 5 Insufficient Information 2 Sign Complies 3 insufficient Information E Historic District K Parking 1 in District review required N 1 More Parking Required 2 Not in district S 2 -Parking Complies 3 Insufficient Information 3 Insufficient Information 4 PTe-existing Parkin Remedy for the above is checked below. Item # Special Permits.Plannincil Board Item # Variance Site Plan Review S ecial Permit Access other than Fronta e S ecial Permit C..- Setback Variance --Frontage Exce tion Lot Special Permit Parkin Variance. Common Drivewa S ecial Permit CEarthRemoval riance Con re ate Housln S ecial Permit ance r Sion Continuing Care Retirement Special Permit Inde endent Elderl Housln S ecial Permit rmits ZoningBoard Large Estate Specialmit Non-Conformin Use Z Co BA Condo S ecial Permit val special Permit Z13A Planned Development District Special Permit S ecial Permit Use not Listed b!�t Sim' Planned Residential liar S ecial Permit —S ecial Permit for Si n R-6 Density Special Permit Special permit for preexisting Watershed special Permit nonconforming The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading Information,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. 2 _ Building Department Official Signat.tir Application Received Application Denied s 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: ung r �` V acid 1 �O n�- CCI�t-� ,f a r�i•c, S 7��l> G (/y�� 0 A) a CIL-114e,"\A41 cS\- c... l EEE i Referred To: Fire Police Health Conservation Zonin Board Plannin De artment of Public Works Other Historical Commission Buiidin De artment _Town of North Andover, Zoning Board of Appeals Patties 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 w=ithin 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 PAR. NAME ADDRESS 4325 DAVID A CHRISTINE LOGAN 76 GREENE ST. N.ANDOVER,MA 01845 ABUTTERS PROPERTIES NLA-P PARCEL N." E ADDRESS 43 6 SMEDILE, JAMES S & ROSEMARY 65 GREENE ST. N.ANDOVER,MA 01845 4322 `GAROFOLI NOMINEE P V&P B 15 BRADSTREET RD. N.ANDOVER,MA 01845 4323 WARCHOL,JOYCE A 9 BRADSTREET RD N.ANDOVER,MA 01845 4,324 ROM ANO,ERNEST F&ANTOINE-ITA 64 GREENE ST N.ANDOVER,MA 01845 4326 DIRESTA,DAVID M 10 WOO BRIDGE RD N.ANDOVER,MA 01845 4,328 ROHN,PHILIP W 18 WOODBRIDGE RD N.ANDOVER,MA 01845 43 30 DANIEL F ELEANOR P CAHILL 11 WOODBRIDGE RD N.ANDOVER,MA 01845 43 31 COSTELLO,JOHN 88 GREENEST N.ANDOVER,MA 01845 33 21 RALLO,SALVATORE J&BETTY L 36 PARKER ST N.ANDOVER,MA 01845 32 14 LAFOND,PETER J&DIANE L 75 GREENE ST. N.ANDOVER,MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE: SIGNATURE PAGE: 1 OF 1 DaleOe � Wfied b of Asse or orth And B 3 Town of North Andover North Andover, MA 01845 To Whom It May Concern, RE: Request for Variance A. The particular use proposed for the land or structure. We are requesting a variance on the rear set back dimensional requirement for the purpose of building an addition to our home. The addition will be used as a kitchen, half bathroom and breakfast nook(one floor only). Our existing kitchen will become a family room. B. The circumstances relating to soil conditions,shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. We are desirous of building an addition. Our land is wide and not very deep. It would be unrealistic to add onto either the Front(which faces Greene Street),the Rear(which is already closer to our neighbor than the zoning allows for),or Side B (as this space is furthest away from our kitchen and dining room). In order to build out towards our garage, leaving 40 feet to our neighbor in that direction(Side A), it affects our neighbor to the Rear, by being within the 30 feet required in R4. C. Facts which make up the substantial hardship,financial or otherwise,which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Because of the way our house is situated on our lot, we have few options in trying to build an addition. Upon consulting an architect to come up with a plan for renovating our kitchen while adding a half bathroom and family room, this plan seemed most in keeping with the style of our home while still fitting in with our neighborhood and meeting our space requirements. A Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The addition we propose is in keeping with the original architecture of the house. Some homes in our neighborhood have added on. By adding a half bathroom and a new kitchen, our house will be improved to meet the growing neighborhood standards. d Our proposed addition is on the North side. Our neighbor in that direction is over 40 feet away, well over the set-back requirements. Our homes are also separated by both of our driveways and detached two car garages. Our neighbor to the East should be minimally affected, as our properties are divided by a 6 foot fence and we are not attempting to build any closer to them than we already are. 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. It is our understanding that the intent of the rear set-back requirement is to provide sufficient distance between dwellings in the zoning district. In our case, our addition is not going any closer to our neighbors on the side we are seeking a variance from. Our current kitchen is 13 feet from our neighbors to the East, and our proposed addition will also be 13 feet from our neighbors to the East. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. Not applicable. Sincerely, Lo gg—� David A. Logan Christina M. Logan