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HomeMy WebLinkAboutMiscellaneous - 82 BEAVER BROOK ROAD Town of North AndoverOg 00RTFj ►. s*,.eo e'NOL70 Office of the Zoning Board of Appeals * ` Community Development and Services Division •i •� 27 Charles Street `y+.o�Anp�,;n• ' North Andover,Massachusetts 01845 'sswc►a>s 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 2002 date of filing of this notice in the office of the Town Clerk. Property at: 82 Beaver Brook Road NAME: Thomas&Kathy Murphy DATE: 4122/02 ADDRESS: 82 Beaver Brook Road PETITION:2002-015 North Andover,MA 01845 HEARING:419/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,April 9, 2002at 7:30 PM upon the application of Thomas&Kathy Murphy,82 Beaver Brook Road,North Andover,MA,requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of right side&rear setbacks of an existing un-permitted shed and right side setback of an existing un- permitted pool house within the R-2 zoning district. The following members were present: Robert P.Ford,Walter F.Soule,Ellen P.McIntyre,_George M. Earley and Joseph D.LaGrasse. Upon a motion made by Walter F. Soule and 2°d by Joseph D.LaGrasse,the Board voted to GRANT a dimensional Variance of 7.2 feet relief of the right side setback for the existing un-permitted pool house; and for relief of 23.2 feet right side setback and 20.1 feet rear setback for the existing un-permitted garden shed upon the condition that the garden shed be less than 14 feet high. In accordance with the Plan of Land to accompany a Variance petition as drawn for Thomas&Kathy Murphy February 19,2002 prepared by Paul J.DeSimone,Registered Land Surveyor#30466,D&A Survey Associates,Inc., l i Touro Ave., Medford,MA 02155. Voting in favor: Robert P.Ford,Walter F. Soule,Ellen P.McIntyre,George M. Earley and Joseph D.LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10,Paragraph 10.4 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. 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,'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,and may be re-established only after notice,and anew hearing. Town of North Andover f Appeals Q Robert P.RorkActing Chairman �o� -.� r-7 rT wwc> INJ Decisions2002-015 00 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover E NORTl Office of the Zoning Board of Appeals JOY Community Development and Services DivisioR, Heidi Griffin, Division Director 27 Charles Street 10Q1 MAN :� North Andover,Massachusetts 01845 D. Robert Nicetta Te lep ne( 541 Building Commissioner Fax(978)688-954.2 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 9m of April, 2002, at 7:30 PM to all parties interested in the appeal of Thomas&Kathy Murphy,82 Beaver Brook Road,North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 of Table 2, for relief of right side&rear setbacks of an existing un- permitted shed and right side setback of an existing un-permitted pool house. Said premises affected is property with frontage on the North side of Beaver Brook Road within the R-2 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 J. Sullivan,Chairman Published in the Eagle Tribune on March 25 &April 1, 2002. Legalnotice2002-015 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ti t TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS ✓ `3ed Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING,OF HEARING AND be submitted thirty(30) days prior to the first public PR.EPARA_'i'ION 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 m dismissal by the Zoning Board of an application as notice for mailing to the parties interest(shutters)and dismissal fete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the information herein is an abstract of more specific Cost of the Party in Interest fee. irements listed in the Zoning Board Rules and RSTEP 7• DELIVERY OF LEGA egulations and is not meant to supersede them. items that L.NOTICE TO We underlined will be completed by the Town. NEWSPAPERIPARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 3: 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 shaft decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required 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 decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1)original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts,and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information,the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). Q OM r'T'i IMPORTANT PHONE NUMBERS: cr c->� ®C — rnom 978-688-9541 Zoning Board of Appeals Office D m 'x `D 978-688-9501 Town Clerk's Office 978-688-9545 Building Department Wage Tof 4 Application for a VARIAN C E Y Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: f� Z. The petitioner shag be entered on the legal notice and the decision as errtered above. 2. owners of Land: Name, Address and Telephone number and number of years under this ownership: Years Owned Land: (o 3. Location of Property: a. Street:y 66W K Zoning District 1c�,J b. Assessors: Map number_&f�Lot Number: d3Y c. Registry of Deeds: Book Number Page Number: „:1) 4. Zoning Sections under which the petition for the Variance is made. � _%_e)Aj T. Z"3 a T8s� a 'Refer to the Permit Denial and Zoning By-Law Plan Review as suppled by the Building Ca nisi ester 6. Describe the Variance request .5Gjt-OC./,� t1 'The above descrilpfibn shalt be used for the purpose of the legal notice artd decision. A more detalled descrlptl on is rid pursuard to the Zoning Board Rules and Regulations as cited on page 4 of this application.Faf m by the appbca d to clearly describe the rem awy result in a decision that does not address the intent of the applicant. The decision will be limited to the regWst by the applicant and Will rot involve additional items not included above. 6a, Difference from Zoning By-Law requirements: indicate the dimensims that will not meet current Zoning By4.aw 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. % 110� 0_ f ooL l�dtl5 " wPage 3 of 4 Application for a VARIAI of CE 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 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 .�• r�3�G d. Required Lot: (As required by zoning By-Law) Lot Area Open Space Percent Lot Frontage Panting Minimum Lot set Back Sq. Ft. Sq./Ft,. Coverage Feet Spaces Front Side A Side B Rear , 0 50 ,✓ 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 'Reference Uses from the Zoning By-Law.State number of units in bung. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 3 1 a•Y two©G xbll— "Reference Uses from the Zoning By-Law.State number of units in bung. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zang Bard of Appeals. Every application shy be filed with the Town Clerk's Office. it shall be the responsibiMy of the petitioner to furnish all stating documentation with this application. The crated cnpy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applon 1fromthisresponalMy. The petfiionm shallbe responsible for all expenses for filing and legal notification. Faiture to comply with appkation reqWwrienis,as ceed herein and in the Zoning Board Rules and Rens may result to dismissal by the Zoning Board of this application as . ftnature Type above name(s) here J ,�/ PAGE 4OF4 VARIANCE 9- WRITTEN DOCUMENTATION Application for a variance must be wriften or hyped memorandum Setting forth in de acts reported by a eliedupon. VVtmy retesting a variance from the requirements of MGLA hall of the North gnabver ZoningB ',,i ff 10 C. FEATURES TO BE INDICATED ON PLAN: Y-�aw all dimensional re�irerrretitS shall be dearly identified and factually su)ported and addressing A- Site Orientation shalt include: each of the following points individually is required s 1• North point Mplicatpon. WWF this 2. zoning district(s) 3. names of streets A. The particular use proposed for the land or structure. 4- wetlands to be shown on an if applicable) B. The circumstances relating to soil conditions, sha 5. abutters of to Cus property,within ce foot erne topography of such land or structures especiallype or 6. location of pwppriings on adjacent properties within affecting the property for which the variasought 7. deed restrictions,which do not affect generally the zoning district in50'from applicants k structure easements which the property is located. B- Legend&Graphic Aids: C. Facts which make up the substantial hardship, 1' Proposed features in solid lines&outlined in red financial or otherwise,which results from literal 2. Existing features to be removed in dashed lines enforcement of the applicable zoning restrictions with 4. Graphic aae of Plan respect to the land or building for which the variance S. Title of pian is sought. D. Facts relied upon to support a finding that relief sought 8. applicant,amWaddfe phone numbers of the Will be desirable and without substantial detriment to surveyor. mer of record, and designer or the public good. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Pro' derogating from the intent or purpose of the zoning features ! shall mire that in addition to the above bylaw. n9 , plans must show detailed utilities,soils,and Submit RDA from Conservation Commission when graphic information' A set of building elevation and Continuous Buildable Area is a application interior of building pians shall be required when the application. applied for in ZBA application involves new constructi Wconversion/and/or a Proposed change in use. Elevation plans for minor d. Plan of Land Projects including decks,sheds,&garages shall be included with a side view depicted on the plot plan, ach application to the Zoning Board of Appeals shall be which includes a Gcompanied by the following described plan. Plans must ground level elevation. D submitted with this application to the Town Clerk's 11.APPLICATION FILING FEES 'ffice and ZBA secretary at least thirty (30)days prior to A. Notification Fees: A e public hearing before the Zoning Board of Appeals, ce Pplicarrt is to send by rdfiedmai!al!legal notices to all abutters, and l A.Major Projects then supply proof of mailing to the ZBA secretary. ajor projects are those which involve one of the followingApplicant is to supply stamps(appropriate tether existing or proposed: a)five or more parking current postage)for nailing of decisions to all rices, b)three or more dwelling units,and1es in interest as identified in MGLA ch.40A, 3000 square feet or more of building area. sec. 11 as listed on the application ZBA Secretary inor projects that are less than the above limits shallwill compute number of stamps. B. quire only the pian information as indicated with an Applicant is to supply Otte(1)set of addressed terisks(*). In some cases further information ma be !abets of to ZBA Secretary who will mail quired y decisions to abutters and parties in interest. C. Administrative fee of$50.00 per application. B.Plan Specifications: Size of plan: t 7) copies of a plan not - - r - - to exceed 11"x17", preferred scale of 1"=40'. * A Variance once granted by the ZBA will lapse Plan prepared by a Registered Professional Engineer one 1 in g ( }Year'if not exercised and a new petition a - petit n must and/or Land Surveyor, with a block far five 5 ZBA be submitted. i { ) t»nitted. signatures and date indicated on Mylar. M Narrative for Variance Thomas and Kathy Murphy are asking the Board of Appeals to grant a variance for a pool house and a garden shed on our property at 82 Beaver Brook Road. The variance for the shed is for 23.2 feet for the side setback and 20.1 feet for the rear setback. The shed is currently in the farthest right rear cornet of the property as one looks at the property from the street. This corner of our property abuts the State Forest. The placement of this shed was designed to keep the structure as far away from our neighbors on Beaver Brook as possible. We are further asking for a variance for a pool house on the right hand side of the pool as one looks at the property from the street. The variance for the pool house is for 7.2 feet for the side setback. This side of our property abuts the State Forest. The placement here was also designed to be as attractive as possible to our neighbors and to be as far away from their property as is physically possible given that its purpose is to be used as a pool house. The reason that it cannot be placed on the back side of the pool or on the left side of the pool is due to the topography of the back yard. The land slopes dramatically on the left and rear sides of the pool. The land on the right side of the pool, closest to the State Forest is relatively flat. We have collected signatures from all our abutters on Beaver Brook Road for a petition that asks the Board to grant this variance. In the event that the board grants us the variance for the pool house but not the garden shed, we plan on ripping down or moving the shed in order to comply with the setback requirements. Respectfully yours, Tom and Kathy Mu by a; 1' L) 82 Beaver Brook Road North Andover, Ma 01845 (978) 557-1131 r Petition We, the undersigned, petition the Board of Appeals to grant a variance to Thomas and Kathy Murphy of 82 Beaverbrook Road for the setback requirements on the long side of their property touching the State Forest. Tom and Kathy have explained to us that the pool house is designed to impact the neighborhood as little as possible and is situated as far away from the property lines of abutters as possible. They have further explained to us that topographical issues (the slope of their back yard) preclude the placement of the pool house on the back side of their pool. They also explained that they did not place it on the side of the pool closest to the Ritchie property in order to present the best side (see photo below)to the Ritchies, rather than have them looking at the plain back of the pool house. They have shown us a photo of what the poolhouse(see below)will look like and we feet that it will not impact property values in a negative way. Name (Printed) Address Signature -� ��.�.S�Pj cue CV) y I � �d`an� [l (Y1a(�a . �� QQuer t3rcic l.o� 1' Town of North Andover, Zonin Board of Anneals Parties of Interest I 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 I +� -kOMLs . kt( q(j.pr took ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS Jv� v► '�'., f .� �211 a3 v v AQz& . An R'1 1 u k IV. Dv-V �- srN k, 6 v - 3 7 d tr P4 X, 14K THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND. CERTIFIED BY THE ASSESSORS OFFICE BY DATE SIGNATURE PAGE OF ow fle Date w D B of Ass or N Andover Received by Town Clerk : FORM A NDSHAW Alii ' APPLICATION FOR ENDORSEMENT OF P49 BELIEVED NOT TO REQUIRE APPROVA JUL 08 ' May 9 1996 To the Planning Board of the Town of North Andover .* The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approva is not required for the following reasons : 1. The division of land shown , on the accompanying plan isnot a sub- division because every lot shown thereon has the amount of frontage required by the North ' Andover Zoning By Law and is on a public way , namely , o'r . a private way , namely , Beaver Brook Road - Lots 15A and 16A being land bounded as follows : N/F of Commonwealth of Massachusetts and DECM Essex, Inc. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Lot line change, nonew lots created 1087 314 3. Title reference North Essex Deeds , Book 2901 Page 13 or Certificate of Title No . Registration Book i Page Applicant ' s Si nature : Owner' s signature and address if not the applicant : Al Coui f for DECM Essex Inca Appli nt s Address : 660 Rogers St, Lowell MA 01852 Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : Andover Planning Board has determined that said plan 1 . The North dov g 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 plan shows a subdivision , as defined by G. L . c. 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOAR By : i Date Received by Town Clerk : FORM AREB '{VD � Y �E.ER APPLICATION FOR ENDORSEMENT OF Rt.all, QiE BELIEVED NOT TO REQUIRE -APPROVAL „ I9 '9 May 9 1996 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approva` is not required for the following reasons : 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public ways namely , , or a private way , namely , Beaver Brook Road - Lots 15A and 16A bei;ng I and bounded as fol lows N/F of Commonwealth of Massachusetts and DECM Essex, Inc. 2 . The division of land shown` on the accompanying plan is not a' sub= division for the following reasons Lot line change, no new lots created 1087 314 3. Title reference North Essex Deeds , Book 2901Page 13 or Certificate of Title No . , Registration 'book ; Page Applicant ' s Si nature : Owner ' s signature and address if not the applicant : Al Coui �/ for DECM Essex Inc. Appl nt s Address : 660 Rogers St. Lowell MA 01852 Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : I . 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 . Trhehndover Planning r has determi d tha said plan ssubdivision , as defined G . L . c . 1 , s , 81 and mo a be re-s mitted to it for ap roval and r the S ntrol w. Very truly yours NORTH ANDOVER PLANTING BOAR By : Date --d21% o � w N34°8 42'WZONING BOARD _OF APPEALS N _ 204.82 D.H. FND. 10.9 DATE / UNLIMITED/ - SH LAND USE/ I " � ED X02 s/3°OS �EASEMENT/� � �o�,F • //AREA Y %2 a LOT 16A /2 Vol. , A= 1.03 Ac.* - f , / Aon WOOD FRAME Z POOL SHED ioH. UNDER CONSTRU iON) .F N D. ? 15. 1 ground level ,n LIMITED ` •,9 LAND USE go POOL .SHED .EASEMENT j ...:.4,0.0' AREA o\ o` ELEVATIONr NROUroD /f; 0,NOT TO SCALE j j j , SOL, © Zg• , m / 1 P r. l / 1��°y� SEPTIC 15.1 Z 01 TANK o ro g p / `� CK o, DE > 1 � N N L O T 15 A 3I:4 2 sTORY z� P� co > RESIDENCE o. No LOT N/F DON a ABBIE .p I � N0, RITCHIE14 � N, A. UTILITY & w 9�` ACCESS EASEMENT .t5p.76 1pQ ZUI ilo o U r No SB/D 0/0 Ho�, FND. 9 SB/DH a' FND. O Qom. P 0� 8RO LOT 17 N/F BRIAN a FRAN ' 'E /��� ani s ; sq� HEALEY LOT 19 N/F DON a MARLEEN � N/ WiLKESn ,� F� a�; F C-IND,Y & MICHAEL LUNDEEN { , NOTES: FLAN OF 1... AND L THIS 'PLAN WAS PREPARED FROM AN TO AC C`O(UI PA N Y A INSTRUMENT SURVEY., VARIAI`lCE PETITION 2. PLAN REFERENCE: BEING LOT 16A SHOWN ON' 1N 1 A PLAN BY CHRISTIANSEN a S0RG1 INC. DATED: - NORTH ANDOVER, E APRIL 30, 1996 (REVISED SEPT. 4, 1996) AND RECORDED WITH ESSEX NORTH DISTRICT AS DRAWN FOR REGISTRY OF DEEDS AS PLAN NO. 12919. THOMAS a 'K'ATHY MURPHY f 3. LOCATION OF SUBSURFACE DISPOSAL SYSTEM F;Ec p BRp U~n R 't TAKEN FROM AS-'BUILT PLAN BY CHRISTIANSEN a �/ 1 '� 0 SORG1 DATED NOV. 20 , 1996. 0 ` 40 80 120 4. ZONING DISTRICT' R-2 RECORD OWNERS: SCALE: ( = 40 THOMAS a KATHY MURPHY PREPARED BY 82 BEAVER BROOK ROAD D a A ; SURVEY ASSOCIATESINC. NORTH ANDOVER, MA , 978-557-1131 11 TOURO AVE: MEDFORD, MA 02155 DEED AEF BOOK 459€3 PAGE87 (781)324-9566 (781I~321-2501 (FAX)