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HomeMy WebLinkAboutMiscellaneous - 80 PEMBROOK ROAD Ff£iRTI TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS LI)U/162 TIF(A NAME "0' 'c�.; �f R ADDRESS OF APPEAL { 4 9SSA=„,,, Procedure & Requirements for "``" XY an Application for a Special Permit Ten (10) copies of the following information must be. STEP 6: SCHEDULING OF HEARING AND submitted thirty (30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the lege Zoning Board of an application as incomplete. notice for mailing to the parties in interest (abutters) C 1The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and tt Regulations and is not meant to supersede them. The cost of the Party in Interest fee. Rggtq0gLLAdlI complete items that are underlined. i STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner piclres up the legal notice from the Office receivers a.Permit Denial form completed by the Codes of the Zoning Boatd of Appeals and delivers the legal E Administrator. notice to the local newspaper for publication. i STEP 2: SPECIAL PERMIT APPLICATtGN FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING G 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 including 11 shall be represented by an agent or attorney. In the absence a completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by usin STEP 3• PLAN PREPARATION: the information it has otherwise receiver 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: sent 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 after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one (1)original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISIOP of all the required information to the Town Clerk's Office PLANS• to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification o 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., 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. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services o 01 V,��, t�n7 27,Charles Street North Andover, MA 01845 978-688-950 , Towrl Clerk's Office :.A f Office 978-688-9542 fax for Community Development offices D � . s 978-688-9545 Building Department €I3A1a 978-688-9541 Zoning Board of Appeals Office JUN 1. � � PAGE 1 of 4 SOARD OF APPEALS PAGE 2 OF 4 Date & Time Stamp i Applicationifor a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Village Realty Trust - Paul St. Hillare, Trustee 51 Thistle Road, North Andover, MA 01845 (978) 258-9173 '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: Richard N Spinelli and Kristy A Spinelli (husband and wife) _ 80 Pembrook Road North Andover MA 01845 Years Owned Land: 10 years 3. Location of Property: a. Street: 80 Pembrook Road Zoning District_ R.4 b. Assessors: Map number Lot Number 28 C. Registry of Deeds: Book Number 4306 Page Number: 89 L By-Law Sections under which the petition for the Special Permit is made. Section 4.122 Residence 4 District - Subsections 14b 14c and 14.4 and Section 10.3 - Special Permit and Table Ii Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. Describe the Special Permit request: AWlicant seeks to uhdiyid an existing oversized lot in an R' 4 zoning district into two (2) lecfal conforming lots, and remove the existing house and construct a two-family dwelling (duplex) house on each new lot, which will be in conformity with all zoning r7irr�ncinnal r�rrtiircmani c , he above description shall be used for the purpose of the legal notice and decision. A more detailed description is juired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. i i i j i i Page 3 of 4 Application for a SPECIAL PER I1 NrJRTH.ANDOVER ZONING BOARD �P 6.a ExistiAPPEALSng 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 25.165 n/a n/a % 204 n/a n a n/a F b. Proposed Lot (S): i 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 Lot 9A _12,62.7 n/a n/a % 1021 ° n/a 31' 19' 27' 34 ' Lot' 10AA n/a n/a °k 102' n/a 30' gyp, _9A, i C. Required Lot: (As required by Zoning By-Law) i ! Lot Area Open Space Percent Lot Frontage Parking * MinimumLot set Back E { Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12,500 n a n a 1 1 � / / gr, 100 n/a 30 15 15 30 7. a. Existing Buildings: To Be Razed. Ground Floor Number of Total Use of Number rSquare feet Floors Sq.feet Building* of Units k { I *Reference Use Code—numbers and Uses from the Zoning By-Law. State number of units in building. f B. Proposed Buildings: g ; Ground Floor . Number of Total Use of Number Square feet Floors Sq.feet Building* of Units 1 f(1R(l 2 1�g17 Residential L=Jas 2 s 1.080 2 1,817 Residential Duplex 2 t Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. i t 8. Petitioner and Landowner signature (s): Every application fora 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 Tovi n 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 Clerl I or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application l as incomplete. Signature Paul St. Hillaire, Trustee of Village Realty Trust by his attorney Type above name S here Domenic J. Scalise Esq. 89 Main Street North Andover, MA 01845 I (978) 682-4153 PAGE 4 OF 4 SPECIAL PERMIT 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"x17", preferred scale of 1"=40' Permit from the requirements of MGLA ch. 40A, and the H) One(1) Mylar. North Andover Zoning By-laws, all dimensional Mo 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) ii 4.Adequate and appropriate facilities es 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. S. Specific reference and response to the criteria E0 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 applica rit, owner or record, and designer or be accompanied by the following described plan. Plans suNeyor• must be submitted with this application to the Town 10 D. MtrRor Projects Clerk's Office and ZBA secretary at least thirty(30)days prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages, appeals. shall require only the plan information on as indicated with an. asterisks(*). In some cases further information may A set of building elevation plans may be required be required when the application Involves new construction/conversion/and/or a proposed change 11. APPLICATION 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 class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the I)five or more parking spaces, abutter's list for the legal notice check. Also, the II) three(3) or more dwelling units, applicant shall supply first class postage stamps 1H)2000 square feet of building area. (currently 37$)z the#of parties of interest on the abutter'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 1x2-5/8 (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 granted by the ZBA will lapse in 2 (two)years if not exercised and a new petition must be submitted. t 4 of,,OPT,, Town of North Andover Town Clerk Tune Stamp 3? Community Development and Services Division O 2 o =: Office of the Zoning]Board of Appeals REcCEIRECEIVEDM,'tS�CH1Jbt� 400 Osgood Street TQC bf r- 6„P"K'3 qFi 11+ North Andover,Massachusetts 01845 '2005 OCT 25 PK 11: ®b Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 j Any appeal shall be filed within Notice of Decision NORTH (20)days after the date of filing Year 2005 HA S S A c €j< 3 , of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A,§17 Property at: 80 Pembrook Road NAME: Village Realty Trust,Paul St.Hilaire, HEARING(S): July 12,August 9,& Trustee,51 Thistle Road, October 11,2005 ADDRESS: 80 Pembrook Road PETITION: 2005-015 North Andover,MA 01845 TYPING DATE: October 19,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday,October 11,2005 at 7:30 PM upon the application of Village Realty Trust,Paul St.Hilaire,Trustee,51 Thistle Road,for premises at:80 Pembrook Road, North Andover requesting a Special Permit from Section 4,Paragraph(s)4.122.14(b),4.122.14.1,and Section 10,Paragraph 10.3 of the Zoning Bylaw in order to construct 2 duplex dwellings. Said premises affected are property with frontage on the East side of Pembroke Road within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune on June 27&July 5,2005. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and Richard M.Vaillancourt. The following non-voting members were present: David R.Webster,Thomas D.Ippolito,and Daniel S. Braese. Upon a motion by Richard J. Byers and 2"d by Richard M Vaillancourt, the Board voted to the DENY the Special Permit from 4.122.14.1. In making its decision,the Zoning Board has considered the following criteria of Section 4.122.l: "I. Consistency with the North Andover Master Plan's section titled 'Housing and Residential Development” ...."#2.Maintain the character of existing neighborhoods by preserving landscape features, development patterns,density and scale in new growth." ....3. The degree to which the application addresses the following design standards: i.)Achieve compatibility with the established pattern of uses in the district.The Residential 4 District consists primarily of single-family dwellings near the Stevens Memorial Library Area and off of Massachusetts Avenue....New construction or substantial alteration of buildings must compliment and reinforce the design features of these neighborhoods. ii.)Achieve design compatibility with architectural features and exterior materials of surrounding structures." The Board finds that the proposed two two-family dwellings,averaging 30'in height,are not consistent with the existing neighborhood of one-story ranch style single-family dwellings,averaging 17'in height,between Mifflin Drive and Greene Street on Pembrook Road. The Board finds that the applicant's proposal has not satisfied all the criteria of 4.122.1, Special Permit Granting Criteria for Two-Family Dwelling and One-Family to Two-Family or Multi-Family Conversions. Voting for denial: Ellen P.McIntyre,Joseph D.LaGrasse, Richard J.Byers,and Albert P.Manzi,III,and Richard M.Vaillancourt. Town of North Andover Board of Appeals, Cwt. it/k/ h di Ellen P.McIntyre, Chair Decision 2005-015. M32P28. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 M°RTh Town of North And over Town Clerk Time Stamp Community Development and Services Division c- ` �Office of the Zoning Board of Appeals T0 � CLERKS 0FF"il; ;.-gam 400 Osgood Street Raymond Santilli, North Andover,Massachusetts 01845 1065 SEP IS P ; S l Interim Community Telephone (978)688-9541 Development Director Fax (978)688-9542 TOWN OF Mg-R;H ANDOVE I ACHUSEIN, Date -1 f3 05 TO: Town of North Andover Zoning Board of Appeals 400 Osgood 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 forro ert located at: p p Y STREET:_ M l0 Ir A0 c MAP: aZ PARCEL: oZ TOWN: N f Tyl I ltleu f TO MEETING DATE(S): NAME OF PETITIONER: t f; ,00"'LGO1y Signed: r Petition (orpetition ' rKres(e�n�tat�ive) SEP c 5moos-05- 4 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 0At r n Town of North Andover f NORTp O �"%v" ti Office of the Zoning Board of Appeals 0 4�. �A Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date 4 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street Fell . 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 pecial Perrnrt Compre ensive Permit(40B) Finding for property located at: STREET: 4W PC ti 6 r4 I& 5frOe MAP: PARCEL: 9.13 TOWN: AnLt-r TO MEETING DATE(S): ',�'-?e P 1'34 oZS NAME OF PETITIONER: V Signed: PAkIoner(or petiti is representative) WAIVER i(' Board o&peals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 HeaM 978-688-9540 Planning 978-688-9535 U�J AUG 4 .., 2'005 80An r .- of".°07""ryo Town of North Andover Town Clerk Time stamp Community Development and Services Division Office of the Zoning Board of Appeals "SSACH�S t 400 Osgood Street North Andover Massachusetts 01845 tt �' A ill D.Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 UJj uj, Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 12th of July,2005 at 7:30 PM to all parties interested in the appeal of Village Realty Trust,Paul St. Hillaire,Trustee, 51 Thistle Road,for premises at: 80 Pembroke Road,North Andover requesting a Special Permit from Section 4,Paragraph(s) 4.122.14(b),4.122.14(c), and 4.122.14.1, and Section 10,Paragraph 10.3 of the Zoning Bylaw in order to construct 2 duplex dwellings. Said premises affected are property with frontage on the East side of Pembroke Road within the R-4 zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street,North Andover,MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on June 27 &July 5,2005. Legalnotice 2005-015. M32P28. Board of Appeals 978-688-9541 Building 97&688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 e 3 REGEIVE0 FORM A OYCt DSHA f APPLICATION FOR APPROVAL NOT REQUIRT♦rf' MS JUN -8 A 1D 2 DATE: (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: Address: 2.Location and Description of Pro rty[include Assessor's Map andLot and ZoningDistrict(sA: ,9,ft 3.Deed Reference: Book *�' ,P Page, h 9 or Certificate of Title: 4. Name of Surveyor: 4 Address: Signature of Owner(s): Address:—.4� a, L t either A B C or D,not a combination)on which you believe your plan not to be e indicate the rounds ( , Pleas g a subdivision. A. Each lot on the plan meets one of the following criteria: 1. s the frontage,lot area,and lot width required under the Zoning By-law on: a) a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: r JOYCE ADS CLERK U d on accompanying plan: 2R A of Planning Board ar P Notice to APPLICANT/TOW N CLERK of g e 1 The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. me North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, North And��overr Planning Board Date: i REUIVED A YGE BRAD SHAW TOWN GUM ZOOS JUN 2P A 8. 28 June 27, 2005 Mr. Scott Giles 50 Deer Meadow Road North Andover, MA 01845 Reg: 80 Pembrook Road,North Andover, MA Form A Dear Mr. Giles: As you are aware,the Planning Department received a Form A plan on June 8, 2005. The purpose of a lot line change for property located at 80 Pembrook Road, Map 32, Lot 28 and Lot 29 in the R-4 zoning district is to divide the existing two parcels so that both parcels will constitute two individual buildable lots. The lot line change will create a proposed lot for Map 32, Lot 28, Lot#9 "A"with an area of 12,547 s.f.; and Map 32, Lot 29, Lot#10"AA"with an area of 12,503 s.f. The process will allow the lot line change between two existing lots as shown on the Plan of Land dated 6/14/2005, as drawn by Scott L. Giles, R.P.L.S. #13972, 50 Deer Meadow Road,North Andover, Ma. The Plan has been reviewed and endorsed. Sincerely, / Lincoln Daley, Town Pdinner Cc: Planning Board Mr. St. Hilare s — � i a RECEIVED FORMA JOYCE 811-AI)SNAW ERK APPLICATION FOR APPROVAL NOT REQUI���1�N CLERX , €-� p P DATE: 2005 .JUN _8 A Jf. 2 1 (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Appllcapt:-,O�", Address: � 2.Location and Description of Pro rty(include Assessor's Mapes andLot and ZoningDistrict(s)l: 9— 3.Deed Reference: Book *x'30 Page 9 or Certificate of Title: 4.Name of Surveyor: Address: r Signature of Owner(s): Address: 1? r J Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: 'as the frontage,lot area,and lot width required under the Zoning By-law on: a) a public way,or b) a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book _ Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said Pn soa su ivisi bdia don Control efined by G.L.c.41,s. 81-Land must therefore be re submitted to i _approval Law. Very truly yours, , North Andover Planning Board By: Date: i LOT#2 PLAN#1780 N.E.R.D. PLAN OF LAND BEA UCHESNE n IN tJ�J NORTH ANDOVER MASS. OWNED BY LOT#11 VILLAGE REALTY TRUST PLAN#1780 N.E.R.D. SCALE.- V'=40' DATE.519/2005 MCGONIGLE 512312005 �9 w 0' 40' 80' 120' LOT#3 EEI PLAN#1780 N.E.R.D. ANDRIOLO Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L.S. X52 LOT#10`AA� 50 Deer Meadow Road 12,538 S.F. North Andover,Mass. W. 23 oPose9 NOTE. SEE DEED BOOK#4306 PAGE#89. p 1 pd�e��`n 3 SEE PLAN#1780 N.E.R.D. THE ZONING DISTRICT IS R-4. cs: > 0� Q � 1 d �,0 / °� LOT#4 � of 630�1'1 , N PLAN#1780 N.E.R.D. ® , N 1Q' w PIANTIDOSI b Q0 .13972 EC'S a�° 12092 S.A c LOOM rnN 3 p + � �' � posed - � .51 cs? �,�, �ep�n9 se p ap$yin9 N LOT#6 O w PLAN#1780 N.E.R.D. O ARMANO LOT#8 PLAN#1780 N.E.R.D. FORMERLY MYLOTT N O O O 0 O� V` LOT#7 �V PLAN#1780 N.E.R.D. THIS 1S TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER BOARD OF APPEALS DATE OF FILING: DATE OF HEARING: DATE OF APPROVAL: 0✓�r�>NL No�TM ,"''•'"° Zoning Bylaw Denial Town Of North Andover Building Department �. North Andover .IVV Osgood St N ! MA. 01845 Phone 8784NWI-8545 Fax 576.888.6542 Street: g e m ra® Ma Lot: aj a licant: A v/ 51, //i/a j r �- i[ch a •� Kr�S ;Sp/N !/� Request v'.baro Ae- / /,of tN4o Q Lo+S —'a ter 1 d 02 Do Alex 17ivel/[ tibS Date: 6- /cg o 5-- Please Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning - Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexists 2 Frontage Complies H s 3 Lot Area Complies es 3 Preexistingfrontage 4 Insufficient Information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed G Contiguous Budding Area 2 Not Allowed 1 I Insufficient Area 3 Use-ProexistiW 2 1 Complies `1 S 4 Special Permit Required 4 --5 3 1 Preexists CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexists setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 1 Coverage Complies `I C3 D Wllatershed 3 Coverage Preexisting 1 Not in Watershed u C-S 4 Insufficient Information 2 in Watershed j Sign A 3 Lot-Pnor to 10/24/94 1 S' n not allowed 4 Zone to be Determined 2 1 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 yes 2 Parking Complies e S 3 Insufficient Information 13 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item s Special Permits Planning Board Item s Variance Site Plan Review Special Permit Setback Varian e Access other then Frontage Special Permit Parking Variance Frontage Exception Lot SpecudPermit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for-S' n Continuing Care Retirement Spear Permit Special Permits Zoning Board Ind t Elderly Housing i Permit Speciai Permit Non-Confo min Use Zig► Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Developmot District Spec-ad Spec-adPermit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconforming Watershed Special Permit 8-`( SPec[a! Pax in i f. The above m ww and attached vpWrwlion of such m based an the plans and informsban=&nilred. No derirAM review and or advice shah be based on verbal by the A*kcw t nor*W wch vwW w9loolimn by the apphm t warm to proOde defmlive anwors Is the above rweons for DENIAL. Any inaccuracies,miskieding k*rmlion,or other subeaquat changes to the informoon wbridWid by the applicant shall be graabs for this wAswto be voided at the discwtion of the Brrl*V Daparbrw t.The alta*W docrww t tilled"Pian Review NerrabW dM be as ctod Mrsto and incorporated harsin by mferwm The b dgwl nait velli rown ami plrrs and doer nwmiaon for the wxmo 1k.You mast file anew buildkV pwft application,form and begin ft par�rilkrp procpas. S— fluildifig Departmen tJfficW Signature Application Received Application Denied Denial Sent: If Footed Phone Number/Date: Pian Review Narrative The following narrative is provided to further explain the reasons for denial for the app ksuory permit for the property indicated on the reverse side: `V l. 14, P.-elMs w/ ��e rfvire rot � 4e D.),RW m A A02:4 IS JC COn�S��vCTco!� Q no bS��f oZ r-(c-) a S e c bo x�, D, 3 O ` ice APPO&Vt GO/// reclutre 9 )x:o/,w A /-- R VV`mrl q4ttQ P(AIVIUtNC :ZCti(ti `y'l1 Le- Av �o c>2 )-,e a v Ps 6o4 4 S W 1 hkp v r v f f e IPS ICd'O nJ7`a c— y 5,--MA I Referred To: Fire Health Police >C Zonmu Board Conservation pgwbTwvt d Public Works Planning Historical Commission Other BUILDING DEPT Pe � trR,T-1im,N'[11avE NORTH&60AC SS. MAP 32 VILLAGE REALTY TRUST LOT 16 SCALE. I"=40' DATE.5/91!2005 BEA UCHESNE 511912005 513112005 MAP 32 0' 40' 80' 120' LOT30 cn MCGONIGLE ��� wO0 MAP 32 w Scott L. Giles R.P.L.S. �G LOT 17 Frank. S. Giles R.P.L.S. 006 ANDRIOLO 50 Deer Meadow Road 0 North Andover, Mass. NOTE: SEE DEED BOOK#4306 PAGE#89. SEE PLAN#1780 N.E.R.D. LOT#10'AA' THE ZONING DISTRICT IS R-4. 12,538 S.F. i MAP 32 ii of LOT29 % OR 00 0����� 139 y o_ /�, � MAP 32 E* LOT18 cNp PIANTIDOSI o � LOT#9'A' f� 12,627 S.F. -p 'o MAP 32 o LO T28 o_ 7� i 4-B p f 03 MAP MAP 32 �W S LOT25 •w ARMANO o (31 -o - MAP 32 n m LOT27 o FORMERLY MYLOTT N O O O p• V� LOT#7 PLAN#1780 ME.R.D. THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE THE PLANNING BOARD'S ENDORSEMENT THE C.B.A. ON BOTH LOTS IS 1 REGISTERS OF DEEDS IN PREPARING THIS PLAN _ OF THE PLAN AS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW IS NOTA DETERMINATION AS TO CONFORMANCE WITH THE TOWN OF NORTH ANDOVER ZONING BYLAW AND REGULATIONS. APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED. NORTH ANDOVER PLANNING BOARD DATE: MEMORANDUM APPLICANT: Paul St. Hillaire, Trustee Village Realty Trust 51 Thistle Road North Andover, MA 01845 PURPOSE: Application for Special Permit from the North Andover Zoning Board of Appeals PROPERTY: 80 Pembrook Road North Andover,MA 01845 The Applicant seeks a Special Permit from the Zoning Board of Appeals in order to subdivide an existing oversized residential lot into two (2) legal lots in an R-4 district and construct a two (2) family dwelling on each lot. The Applicant wants to demolish the existing older residence on the site and construct a two family dwelling(duplex) on each new lot. This is an allowed use in an R-4 district by Special Permit from the Zoning Board of Appeals (Section 4.122, Subsection 14b) and each new two (2) family dwelling will be in conformity with the dimensional requirements of the Zoning By-Law. The use will be in harmony with the general purpose and intent of the Zoning By- Law. E , lnblwar. ,v8Kof ,- 4306 PG 85 ox /�� 1, Jeanne C. Brien Of North Andover, Essex County,Massachusetts in consideration ofTw�Cs Hundred Thirteen Thousand Five Hundred and no/100 ($213,500.00) D61.lars G" grant to Richard N. Spinelli and Kristy A. Spinelli, husband and wife, as tenants by the entirety of 80 Pembrook Road, North Andover, MA with quitclaint roog anto A certain Parcel of land, with the buildings thereon, situated .in North Andover, Essen County, Massachusetts, and being shown as Lot numbered nine (9) and the greater portion of lot numbered ten (10), Section C on plan of land entitled „Platt and Profiles of Mifflin Park, North Andover, Mass., Charles E. Cyr, C.E., October 1946," recorded with North Essex Registry of Deeds as Plan No. 1780, said Premises being bounded and described as follows: SOUTHWESTERLY: by Penbrook Road, two hundred two (202) feet; NORn WESTERLY: by the retraining 7portion of said Lot numbered ten (10), one hundred fifteen. and 06/100 (115.06) feet more or less; NORTHEASTERLY: by-part of lot numbered three (3) and all of lot numbered four (4), twa hundred forty-one and 85/100 feet; and SOUT7iEASTERLY: by lot numbered eight ro 9h( 8 }, as shown on said1an, one hundred twenty-four and 88/100 (124.88) feet. Being the same premises c4nve gr y t yed to the grantor b deed of Karen M. Bouchard dated August 25, 1972 and recorded with the Essex North Registry of Deeds at Hook 1200 Page 592. c Said premises are conveyed subject to restrictions of record insofar as the same are now in force and applicable. 1 C p U) C Executed as a sealed instrument this day of July 19 95 t Jeanne C. Brien t ii iyi .y y+ GL _ i� ».I... `'- 05 C()12 II Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 32 28 Richard Spenelli 80 Pembrook Road North Andover,MA 01845 Abutters Properties Masa Parcel Name Address 21 2 Stephen Long 72 Mifflin Drive North Andover,MA 01845 21 3 Colin Lahey 45 Pembrook Road North Andover,MA 01'845 21 4 Patrick Whitley 1794 Salem Street North Andover,MA 01845 21 25 Lena D'Agata 63 Mifflin Drive North Andover,MA 01845 21 26 Joseph Dangelo 71 Pembrook Road North Andover,MA 01845 21 27 George Nussbaum 55 Mifflin Drive North Andover,MA 01845 21 28 Ann Tremblay 76 Putnam Road North Andover,MA 01845 21 29 Eric Davidson 84 Putnam Road North Andover,MA 01845 21 31 Valteir Rosa 103 Putnam Road North Andover,MA 01845 21 32 Edwin Miller 85 Putnam Road North Andover,MA 01845 21 33 Richard Lee 75 Putnam Road North Andover,MA 01845 32 6 Anthony Troia 88 Mifflin Drive North Andover,MA 01845 32 7 Michael Collura 82 Mifflin Drive North Andover,MA 01845 32 12 Alfred Matthews 97 Mifflin Drive North Andover,MA 01845 32 13 Reno Orlando 50 West Woodbridge Road North Andover,MA 01845 32 15 Sally Gioia 83 Mifflin Drive North Andover,MA 01845 32 16 Stephen Beauchesne 51 West Woodbridge Road North Andover,MA 01845 32 17 Glenn Acciard 41 West Woodbridge Road North Andover,MA 01845 32 18 Peter Piantidosi 311 Dale Street North Andover,MA 01845 32 19 N.L.&A.J.Lamontagne 34 Tyler Road North Andover,MA 01845 32 20 Donna Sullivan 5 Woodbridge Road North Andover,MA 01845 32 23 Ross Caswell 27 Tyler Road North Andover,MA 01845 32 24 Peter Dugan 19 Tyler Road North Andover,MA 01845 32 25 Michael Armano 24 Tyler Road North Andover,MA 01845 32 26 Natalie Ballard 4 Tyler Road North Andover,MA 01845 32 27 Paul St Hilaire 90 Pembrook Road North Andover,MA 01845 32 30 Kathleen McGonigle 70 Pembrook Road North Andover,MA 01845 32 31 Robert Kingsley 75 Mifflin Drive North Andover,MA 01845 32 39 Joseph Kattar 42 West Woodbridge Road North Andover,MA 01845 32 40 Haraya Realty Trust 34 Woodbridge Road North Andover,MA 01845 32 41 Sandra Disalvo 18 West Woodbridge Road North Andover,MA 01845 32 46 Edward Clark 27 West Bradstreet Road North Andover,MA 01845 32 47 James Brown 43 West Bradstreet Road North Andover,MA 01845 33 6 Nancy Norton 110 Pembrook Road North Andover,MA 01845 33 7 Janet Eichler 11 Tyler Road North Andover,MA 01845 33 8 Janet Pickles 63 Pleasant Street North Andover,MA 01845 33 9 Louise Coniti 111 Pembrook Road North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Ufice as of ro Certified by: Date: / 80 Pembrook Road North Andover To Whom It May Concern: We are the current owners of the above referencedroe and we hereby allow Paul St. Hilaire to file an Application for Special Permit from the North Andover Zoning Board of Appeals. p AriSpinelli Richard Spinelli