Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 12 MINUTE AVENUE
F NORTFf °, �`" M •~ n Clerk Time Stomp RECEN o <� •b" gq g�s AUG —3 P • 5 'q �:�..ti. Gg �SSACHUS ZONING BOARD OF APPEALS NORT Community Development Division ' `"' y Any appeal shall be filed within Notice of Decision (20)days after the date of.filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Property at: 12 Minute Avenue NAME: Kevin&Colleen Hamel-Porter HEARING(S): April 11,May 10,June 13,&Jul 18,2006 ADDRESS: 12 Minute Avenue PETITION: 2006-015. North Andover,MA 01845 TYPING DATE: July 28,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 12OR Main Street,North Andover,MA on Tuesday,July 18,2006 at 7:30 PM upon the application of Kevin&Colleen Hamel-Porter,12 Minute Avenue(Map 60.C,Parcel 31),North Andover requesting a dimensional Variance from Section 2,Paragraph 2.37.1 of the Zoning Bylaw for relief from the requirement for Family Suite gross floor area to be no greater than 25%of the existing single-family dwelling,for a Special Permit from Section 4.121.17 for a Family Suite,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure,on a pre-existing,non-conforming lot. Said premise affected is property with frontage on the North side of Minute Avenue within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S.Braese. The following non-voting members were present: Joseph D.LaGrasse and Richard M. Vaillancourt. Upon a motion by Richard L Byers and 2°d by Albert P.Manzi,III,the Board voted to GRANT a dimensional Variance from Section 2,Paragraph 2.37.1 of the Zoning Bylaw for relief for 735 additional sq.8.,from the requirements that a family suite be 251/6,or 375 sq.ft.,of the gross floor area of the existing single-family dwelling;and upon a motion by Richard J.Byers and 2`d by Albert P.Manzi,III,the Board voted to GRANT a Special Permit from Sections 4,Paragraph 4.121.17 and 9,Paragraph 9.2 of the Zoning Bylaw in order to allow a pre-existing,non-conforming dwelling to be extended by a rear Family Suite addition on a non-conforming lot per: Site: 12 Minute Avenue,No 60.C,Parcel 31),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,owned by Kevin&Colleen Hamel-Porter Date(&Revised Dates): 7/11106 Registered Professional Scott L.Giles,R.P.L.S.#13972,Scot L.Giles,RP.L.S.,Frank S.Giles, Land Surveyor R.P.L.S.,50 Deer Meadow Road,North Andover,Mass. Building Plan by G.J.Bruno Associates,Residential Designers,28 Berkeley Road,N. Andover,MA 01845 Date: [Received Jul 10,20061 Sheet/Drawing: [2 sheets] Page 1 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.towoofnorthandover.com r f IaORTH q �= bb�tto �6-6~OOL'A Tpt d iwTime Stamp G 4 � C ZONING BOARD OF APPEALScf I it Community Development Division '`U with the following 5 conditions: 1. The Family Suite shall not be occupied by anyone except Donald or Susan Guthrie,parents of Colleen Hamel-Porter,one of the residing owners of the dwelling unit; 2. The Special Permit shall expire at the time that Donald&Susan Guthrie cease to occupy the Family Suite; 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership,trust,corporation or other entity; 4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit,grants the Building Inspector or his lawful designee the right to inspect the premises annually. 5. The applicant shall plant a variety of alternating evergreen screening shrubs and trees within 10' of the North side setback. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S. Braese. The Board finds that circumstances relating to the shape of the 12 Mutate Avenue parcel,the shape of the single- family 1920 era dwelling,and its location on the land,specifically affect this land and structure but does not affect generally the R-3 zoning district in which it is located. A literal enforcement of the provisions of Section 2, Paragraph 2.37.1 would involve substantial hardship,financial and otherwise,to the petitioner. The Board finds that there was no written or spoken opposition to the revised building plans. The Board finds that the revised- addition building plan maintains the character of the existing structure and is within the R-3 setbacks. The Board finds that desirable relief may be granted in this instance without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Sections 4,Paragraph 4.121.17 and 9, Paragraph 9.2 of the Zoning Bylaw and that the granting of this Special Permit,for a Family Suite at 12 Minute Avenue,is an appropriate location for a rear Family Suite addition The Board finds that this use,as developed by the revised building&site plan,will not adversely affect the neighborhood. Also,the applicant has agreed to screen the north side abutter. There will be no nuisance or serious hazard to vehicles or pedestrians because there is off-street parking available for 4 vehicles. Adequate and appropriate facilities are provided to the existing single-family dwelling and will be for the provided for the proper operation of a Family Suite. The proposed addition will not be substantially more detrimental than the existing structure to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com a k NORTH C!eNOf�i�:o b�N �j 3? be.t# M •e OCL ( -oime stamp ZONING BOARD OF APPEALS (ommunity Development Division Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building odes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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, �—�& P A4"' Ellen P.McIntyre,Chairman Decision 2006-015. M60.CP31. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com /1-07 E pORTF1 O OoRECF'Vi�rn(lark time Stomp TOW114C ;(`S OFFICE 2006 AUG -3 PM Z' 55 '�i► wwno�`yt°� 'sSAGHust'( TOWN GF ZONING BOARD OF APPEALS NORTH ANDOV7- (ommunity Development Division tASSAC 4 TO Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, 17 at: 12 Minute Avenue NAME: Kevin&Colleen Hamel-Porter HEARING(S): April 11,May 10,June 13,&Job 18,2006 ADDRESS: 12 Minute Avenue PETITION: 2006-015. North Andover,MA 01845 TYPING DATE: July 28,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center,12OR Main Str(et,North Andover,MA on Tuesday,July 18,2006 at 7:30 PM upon the application of Kevin&Calken Hamel-Porter,12 Minute Avenue(Map 60.C,Parcel 31),North Andover mpxsting a dimensional Variance from Section 2,Paragraph 2,37.1 of the Zoning Bylaw for relief from the reqs for Family Suite gross floor area to be no greater than 25%of the existing single-family dwelling,for a Special Permit from Section 4.121.17 for a Family Suite,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure,on a pre-existing,non-conforming lot. Said premise affected is property with frontage on the North side of Minute Avenue within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on Manch 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S.Braese. The following non-voting members were present: Joseph D.LaGrasse and Richard M.Vaillancourt. Upon a motion by Richard J.Byers and 2°1 by Albert P.Manzi,III,the Board voted to GRANT a dimensional Variance from Section 2,Paragraph 2.37.1 of the Zoning Bylaw for relief for 735 additional sq.ft.,from the requirements that a family suite be 255/%,or 375_sq,ft.,of the gross floor areaofthe existing single-family dwelling,and upon a motion by Richard J.Byers and 2°d by Albert P.Manzi,III,the Board voted to GRANT a Special Permit from Sections 4,Paragraph 4.121.17 and 9,Paragraph 9.2 of the Zoning Bylaw in order to allow a pre-existing,non-conforming dwelling to be extended by a rear Family Suite addition on a non-conforming lot per: Site: 12 Mimme Avenue,Q&V 60.C,Parcel 31),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,owned by Kevin&Colleen Hamel-Porter Date(&Revised Dates): 7/11/06 Registered Professional Scott L.Giles,R.P.L.S.#13972,Soot L.Giles,R.P.L.S.,Frank S.Giles, Land Surveyor R.P.L.S.,50 Deer Meadow B2A North Andover,Mass. Building Plan by G.J.Bruno Associates,Residential Designers,28 Berkeley Road,N. Andover MA 01845 Imo: Jul 10,2006 Sheet/Drawing: sheets] Page 1 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 .Fox 978.688.9542 Web www.townofnorthandover.com AORTtl r e.'"eO :`•f~� Time Stomp o� �Ct * - * TOM MFRECS OFI"ICS Aj� AUG 5 4 ~SsgGFHlS!( ��r� ZONING BOARD OF APPEALS t4QRTH AHD tj"-i': Community Development Division MASSACH S!7 ` with the following 5 conditions: 1. The Family Suite shalt not be occupied by anyone except Donald or Susan Guthrie,parents of Colleen Hamel-Porter,one of the reading owners of the dwelling unit; 2. The Special Permit shall expire at the time that Donald&Swan Guthrie cease to occupy the Family Suite; 3. The Special Permit shall expire at the time the premises are conveyed to any person, Partnership,trust,corporation or other entity; 4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit,grants the Building Inspector or his lawful designee the right to inspect the premises URMMy. 5. The applicant shall plant a variety of alternating evergreen screening shrubs and trees within 10' of the North side setback, Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albeit P.Manzi,III,Thomas D.Ippolito,and Daniel S. Braese. The Board finds that aminstances relating to the shape of the 12 Minute Avenue parcel,the shape of the single- family 1920 era dwelling,and its location on the land,specifically affect this land and structure but does not affect generally the R-3 zoning district in which it is located. A literal enforcement of the provisions of Section 2, Paragraph 2.37.1 would involve substantial hardship,financial and otherwise,to the petitioner. The Board finds that there was no written or spoken opposition to the revised building plans. The Board finds that the revised- addition building plan maintains the character of the existing structure and is within the R-3 setbacks. The Board finis that desirable relief may be granted in this instance without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Sections 4,Paragraph 4.121.17 and 9, Paragraph 9.2 of the Zoning Bylaw and that the granting of this Special Permit,for a Family Suite at 12 Minute Avenue,is an appropriate location for a rear Family Suite addition The Board finds that this use,as developed by the revised building&site plan,will not adversely affect the neighborhood. Also,the applicant has agreed to screen the north side abutter. There will be no nuisance or serious hazard to vehicles or pedestrians because there is off-street parking available for 4 vehicles. Adequate and appropriate facilities are provided to the existing single-family dwelling and will be for the provided for the proper operation of a Family Suite. The proposed addition will not be substantially more detrimental than the exiling structure to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Mossathusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com ,�I �O tt`ao � FSP • ,, }3, •. r O'A TOO,CLERK`S to AA �,ssRGHUs��� � t) 1,44 0r ZONING BOARD OF APPEALS MASSr- (ommunity Development Division AVU Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Denis,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Forthermom,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, P A71EIW Ellen P.McIntyre,Chairman Decision 2006-015. M60.CP31. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofnorthandover.com o* NoRTjJ ,~o n Clerk time Stomp 3, o F - ;� TQ'tRECEIci vSOFFICE s ,e OWN C'�- #,, ' ZONING BOARD OF APPEALS NORTH ANON -'; Community Development division MA'SSACFIt�S rT 10 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, 17 at: 12 Minute Avenue NAME: Kevin&CoMeaen Hamel-Porter HEARMG(S): April 11,May 10,June 13,& 13,2006 ADDRESS: 12 Mute Avenue PETITION: 2006-015. North Andover,MA 01845 TYPING DATE: 28,2006 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,July 18,2006 at 7:30 PM upon the application of Kevin&Colleen Hamel-Porter,12 Minute Avenue(Map 60.C,Parcel 31),North Andover requesting a dimensional Variance from Section 2,Paragraph 2.37.1 of the Zoning Bylaw for relief from the requirement for Family Suite gross floor area to be no greater than 255/9 of the existing single-family dwelling,for a Special Permit from Section 4.121.17 for a Family Suite,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure,on a pre-existing,non-conforming lot Said premise affected is property with frontage on the North side of Minute Avenue within the R-3 zoning disrrkt. Legal notices were sent to all names on the abutter's list and were published in the Eagle-ThUne,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S.Braese. The following non-voting members were present: Joseph D.LaGrasse and Richard M.Vaillancourt. Upon a motion by Richard L Byers and 20d by Albert P.Manzi,III,the Board voted to GRANT a dimensional Variance from Section 2,Paragraph 2.37.1 of the Zoning Bylaw for relief for 735 additional sq.ft.,from the requirements that a farcy suite be 25%,_or 375_sq,ft.,of the gross floor area of the existing single-family dwelling and upon a motion by Richard J.Byers and 28d by Albert P.Manzi,III,the Board voted to GRANT a Special Permit from Sections 4,Paragraph 4.121.17 and 9,Paragraph 9.2 of the Zoning Bylaw in order to allow a pre-existing,non-conforming dwelling to be extended by a rear Family Suite addition on a non-conforming lot per Site: 12 Minute Avenue, 60.C,Parcel 31),North An&er,MA 10845 Site Plan Title: Plan of Land in North Andover,owned by Kevin&Colleen Hamel Porter Date(&Revised Dates): 7/1106 Registered Professional Scott L.Giles,R.P.L.S.#13972,Scot L.Giles,R-P.L.S.,Frank S.Giles, Land Surveyor RP.L.S.,50 Doer Meadow Road,North Andover,Mass. Building Plan by G.J.Bruno Assc�Residential Designers,28 Berkeley Road,N. Andover MA 01845 Date: Pteceived Ju110,2006 Sheet/Drawing: 2 sheets] Page 1 of3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com E raORTly � ,Jq�y ( FC tiY Time Stomp 2 TOWS i; :h ' ' OFFICE 2006 AUG -3 PM 2: 55 sNGN�1s TOS 14 OF ZONING BOARD OF APPEALS tiQRTH AHDGY Community Development Division MASSACHt1SF with the following 5 conditions: 1. The Family Suite shall not be occupied by anyone except Donald or Susan Guthrie,parents of Colleen Hamel-Porter,one of the residing owners of the dwelling unit; 2. The Special Permit shall expire at the time that Donald&Susan Guthrie cease to occupy the Family Suite; 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership,trust,corporation or other entity; 4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit,grants the Building Inspector or he lawful designee the right to inspect the premises annually. 5. The applicant shall plant a variety of alternating evergreen screening shrubs and trees within 10' of the North side setback. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S. Braese. The Board finds that circumstances relating to the shape of the 12 Ngnute Avenue parcel,the shape of the smee- family 1920 era dwelling,and its location on the land,specifically affect this land and structure but does not affect generally the R-3 zoning district in which it is located. A literal enforcement of the provisions of Section 2, Paragraph 2.37.1 would involve substantial hardship,financial and otherwise,to the petitioner. The Board finds that there was no written or spoken opposition to the revised building plans. The Board finds that the revised- addition building plan maintains the character of the existing structure and is within the R-3 setbacks. The Board finds that desirable relief may be granted in this instance without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Sections 4,Paragraph 4.121.17 and 9, Paragraph 9.2 of the Zoning Bylaw and that the granting of this Special Permit,for a Family Suite at 12 Minute Avenue,is an appropriate location for a rear Family Suite addition The Board finds that this use,as developed by the revised building&site plan,will not adversely affect the nein Also,the applicant has agreed to screen the north side abutter. There will be no nuisance or serious hazard to vehicles or pedestrians because there is off-street parking available for 4 vehicles. Adequate and appropriate facilities are provided to the existing single-family dwelling and will be for the provided for the proper operation of a Family Suite. The proposed addition will not be substantially more detrimental than the existing More to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com E pORT1y i t�`tD ,•.gooIEIDime St mP REC TO�q at r �►c1u1g�t fs s E TflOF cr, ZONING BOARD OF APPEALSe_ (ommunity Development Division MASS Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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, Ellen P.McIntyre,Chairman Decision 2006-015. M6O.CP31. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 81845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS F'� -DV E 3 _'�_, Albert P.Manzi ICS Esq,Chairman 1 0 :... �.t�� ' M w° . Ellen P.McIntyre' P-ice-Chairman f NORTH Richard J.Byers,Esq-ClerkO007 JUN 2 9 PM ; tV, Joseph 1).I_aGrasse o - David R.Webster ~ A C Associate Members Thomas D.IppolitocoP 1�n * NORTH AMON'— r Richard M.Vaillancotut �s `°•r,,.o,�°`.�g MASSA HIE} + Daniel S.Braese,Esq, 9SSACHus�� June 15,2407 Kevin Hamel--Porter 12 Minute Avenue North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension of your Variance 2006-015: Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at 12 Minute Avenue(Map 60.0 Parcel 31)7 North Andover,Massachusetts. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2406-015 decision to and including February 23,2008(without the extension,the variances mould expire on August 23,2007, -one year and 20 days atter the filing in the Town Clerk's office,taking into account the appeal period.)at the regular June 12,2007 meeting upon a motion by Richard 1.Byers and 2`d by Ellen P.McIntyre. Mals.Gen..L.,ch. 40A,§10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D. Ippolito,and Daniel S.Braese. ,ZNo Andover Zoning of Appeals P.Manzt Ell,E .,Chairman IP.McIntyre, rice Chairman Richard L Byers,Esq.,Clerk Associate Members Thomas D.Ippolito Daniel S.Braese,Esq. cc: Town Clerk Kevin&Colleen Hamel-Porter ZBA file 2006-015 M60.CP31 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com N°or qti Town of North Andover Town Clerk Tme Stamp Community Development and Services Division RECEIVE0 t1 Office of the Zoning Board of Appeals TOWfN0'7rjr ScHuse 1600 Osgood Street,Building 20,Suite 2-64 North Andover,Massachusetts 01845 2005 MAY 12 V!, 10: 24 Gerald A. BroNNn Telephone (978)688-9541 T OVi,`i' 0 1' Inspector of Buildings Fax (978)688-9542 $ 0.R T H A'N@ 0' MASSAC Date 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 ScialPe et Comprehensive Permit(40B) Finding for property located at: STREET: MAP: C, PARCEL: TOWN: +"' A V, d poer TO MEETING DATE(S): L4 v,e- NAMEOF PETrrioNER: )c-cwjA) 7 LLo�I—L cmz Signed: "._- Petitioner(or petitioner's representative) T�W E 1 0 Z006 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 APPEALS t►ORT#1 1 t<�•� 6, 'bp Town Clerk Time Stomp 'A RECEIVFD M Nrep 2006 JUN 14 AH 10: 13 ." 9SSACHUS�� ZONING BOARD OF APPEALS Community Development Division MA ���F;t :z Date 13 -- o(e Zoning Board of Appeals 1600 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 Permi omprehensive Permit(40B) Finding for property located at: STREET: MAP: l0 PARCEL: TOWN: Opr�k h o t)e TO MEETING DATE(S): 00 NAME OF PETITIONER: Signed: -----A Petitioner(or petitioner's representative) 1 1600 Osgood Street,North Andover,Massachusetts 01845 BOAIR-, Or APPEALS Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com °pTN Town of North Andover Town Clerk Time Stamp Community Development and Services Division ' Office of the Zoning Board of Appeals Rclyo xi r �'"•'• ''�° 400 Osgood Street TOWN l�l.,l RK S l�I'F10E North Andover, Massachusetts 01845 Tele 2006 APR ' Telephone (978)688-9541 59 Gerald A. Brown p Inspector of Buildings Fax (978)688-9542 TOWN OF NORTH A DO`dET MASS ACHUS . Date 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 o 'a Variance S ecial Permit Comprehensive Permit (40B) Finding for property located at: tUe�Y1 STREET: MAP: y ( ' PARCEL: 11 TOWN: nen//it alai TO MEETING DATE(S): to NAME OF PETITIONER: Signed. Petitioner(or petitioner's representative) 1 2006 , Boardrof'kppeads 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-C,88-9540 I'Ltnning 978-f88--9535 pf NCRTy'iq. Town of North Andover Town Clerk Time stamp Office of the Zoning Board of Appeals 4 p Community Development and Services Divis'�9iy PrLi K E OFFICE 400 Osgood Street�CHUgEfj North Andover,Massachusetts 01845 7006 MAR 22 AM10. 45 Gerald A. Brown Telephone (978)688-9541 FnAi Fax 978 688-9542 i A Inspector of Buildings ( ) , �t, flO �.i ' V, 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 11th of April 2006 at 7:30 PM to all parties interested in the application of Kevin & Colleen Hamel-Porter, 12 Minute Avenue(Map 60.C, Parcel 31), North Andover requesting a dimensional Variance from Section 2, Paragraph 2.37.1 of the Zoning Bylaw for relief from the requirement for Family Suite gross floor area to be no greater than 25% of the existing single-family dwelling, for a Special Permit from Section 4.121.17 for a Family Suite, and for a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non-conforming structure, on a pre-existing, non-conforming lot. Said premise affected is property with frontage on the North side of Minute Avenue within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 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 March 27&April 3, 2006. Legalnotice 2006-015. M60.CP31. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 ^`` .. to ✓v'i- 44164Zw _ RM TOWN OF NORTH ANDOVER SPECIAL PE EIVE0 ZONING BOARD OF APPEALS ` °� ` i4 '^ NAME �,�,�,�; 'tow!G n r0tamp ADDRESS OF APPEAL _- C, T AN` Procedure & Requirements fors_ : an Application for a Special Permit .. must be STEP 6: SCHEDULING OF HEARING AND Ten (10) copies of the following information submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: als schedules Failure to submit the required information within the The Office of the Zoning Board of Appe time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is the It requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared Regulations and is not meant to supersede them.The cost of the Party in Interest fee. petitioner Witt 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 Of the Zoning Board of Appeals and delivers the legal receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper for publication. Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: Petitioner completes an application form to petition the The thio should appear in his/her behalf, or be Board of Appeals for a Special Permit. All information In the absence of as required in items 1 through and including 11 shall be represented by an agent or attorney anyappearance without due cause on behalf of the completed. petition, the Board shall decide on the matter by using the information it has received to date. 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 i STEP 4: LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests the Assessors Office to compile General Law ch. 40A sec. 17,within twenty (20)days a certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. STEPS: 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 c of all the required information to the Town Clerk's Office the decision,Mylar, and any accompanying plans at the to be certified by the Town Clerk with the time and date Essex County North Registry of Deeds, 381 Common of filing. The original will be left at the Town Clerk's St., Lawrence MA, and shall complete the Certification Office, and the 10 Xerox copies will be left with the of 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 North Andover Town Halt 400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688 $� fax foror�►munity Development offices g$$'' 978-688-9501 Town Clerk's Office j*8=G 45 Building Department 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office 3A PAGE 1 of 4 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: - Kc-V iki I-ACIe I e - Por-rL-Oz 1a. 1-( 1A7Jrr Aujt q-7P� -(.0E)o� 0teRq *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: I� L'yrAj g rnA L-I a me L. - Pc'2 rN q tirv� /�vL s ) —0t'9 Y Years Owned Land: Y--egr5 oN -5//;j 3. Location of Property: a. Street: MZoning District R 3 b. Assessors. Map number_Lot Number: C. Registry of Deeds: Book Number 21--79 Page Number: 3 0 4. By-Law Sections under which the petition for the Special Permit is made. q. Z Pre--exlsnn'- Norj- Con (�ryvj 1 4C, L0 T' *Refer to the Permit Denial and Zoning By-1-aw Plan Review as supplied by the Building commissioner. 5. Describe the Special Permit request: ��' R- 19 7N—G4►v SU '� rv►u IN-C �4ws Dc�NAC.I� 141 SvSWw L—VTAP 16- YhnvE FR�4c lL-sc5 N +lr ►�rrv, L,4 {LFa 'T 4��V Liv * 1VL wv�,C L3\v%F:S -z- ;e ,�,� �., c.� 3 lx►� s ID IV 5 *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Cover a Feet Spaces Front Side A Side B R�a�r _ I % /00 - °�o 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 1(-P _LTBio /o L) 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq.. Ft. Coverage Coojv�erraage F% 'eCet Spaces Front Side A Side B Rear ?5 oLc 30 Z v 3 i 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units** Sir7R-f011Li 1-4o,�vie 1 *Reference Uses from the Zoning Bylaws&Table 1 f **State number of units in building. 7B. Proposed Building(s): { ' Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units*" Co Lo ( nl L4 VQ S U r 4 j *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be respons' le for all expenses for filing and legal ° notification. Failure to comply with application requirements, as cited herein and in the onin Board Rules and Regulations may result in a dismissal by he Zoning Board of this application as incomplete. Si natur F Tytae above name(S) here �--aN iN ,y�rn � jl\�PP,r1rAVY�P� f SAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Special Permit must be supported by a 1) Size of plan: Ten (10 ) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17". preferred scale of 1"=40' detail all facts relied upon. When requesting a Special H) One(1)Mylar. Permit from the requirements of MGLA ch. 40A, and the im) Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points, 1-6,are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: I) Site Orientation shall include: 1. The particular use proposed for the land or structure. 1. north point 2. The specific site is an appropriate location for such 2. zoning district (s) use, structure or condition. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 300 radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. ,vithin 50'from applicants proposed structure 5. The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. in Legend & Graphic Aids: e to the criteria 1. Proposed features in solid lines & outlined in red 6. J e cific reference and response , p t removed in dashed tines required by the particular Special Permit for which 2. Existing features .o be e this application is made (i.e. the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4.. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or surveyor. Each application to the Zoning Board of Appeals shall he accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Minor projects, such as decks, sheds, and garages, Clerk's Office and ZBA secretary at least thirty (30) days shall require only the plan information as indicated with prior to the public hearing before the Zoning Board of an. asterisks('). in some cases further information may :appeals. be required A set of building elevation plans by a Registered 11. APPLICATION FILING FEES Architect may be required when the application A Notification fees: Applicant shall provide a involves new construction/a conversion/and/or a check or money order to: "Town of North Andover- proposed change in use. X22-1760-4841" for the cost of first class, certified. return receipt ($4.42 as of November 2003) x#of all 10 A. Major Projects parties in interest identified in MGtA ch. 40A §11 on the Major projects are those which involve one of the abutter's list for the legal notice check. Also, the following whether existing or proposed: applicant shall supply first class postage stamps 1) fide or more parking spaces, (currently 37e) x the#of parties of interest on the if) three (3) or more dwelling units. abutter's list for the decision mailing. 1)1) 2000 square Leet ref building area. B. Mailing labels: Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8" (3 copies Major Projects shall require that in addition to the above for the Legal mailing and one copy for the Decision f r atures, plans must show detailed utilities, soils, and mailingj. �opUyr,;rpi?ic information. C. Sv.e 2005 Revised r=ep, Sched!fle- 4444 A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and a new petition must be submitted. <-<- ' I PLAN OF LAND LOCUS:NO SCALE IN y�. NORTH ANDOVER, MASS. OWNED BY c KEVIN AND COLLEEN HAMEL- PORTER y�sTti�r SCALE. 1 20 DATE:2113/2006 sr 31712006 U 0' 20' 40' 60' THE ZONING DIST. IS R-3 Scott L. Giles R.P.L.S. 125'FRONTAGE Frank. $. Giles R.P.L.S. MINUTE o 25,000 S.F.AREA 50 Deer Meadow Road _ —A-VT. 3 30'FRONT SETBACK North Andover, Mass. 20'SIDE SETBACK MAP 60C PARCEL 29 Q 30'REAR SETBACK N/F BRA SSEUR 100.00, ASSESSORS MAP 60C PARCEL 31 LOTS 156-161 INCLUSIVE MAP 60C PARCEL 41 OF PLAN 0360 M E.R.D. N/F OZA 15,000 S.F. m 01 0 0 0 o a o 26.33' © .c/).� MAP 60C PARCEL 40 C N!F CANTY PROP. P. rn ADDITION DECK 29' <SHED 20' m FARMERS PORCH Z EXIST. HSE. FND. EXIST. GARAGE 2 SPACES GAR. 2 SPACES #72 • 100'TO 100.00, HEWETT AVE. MINUTE AVENUE THIS IS TO CERTIFY THAT HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER THE PROPERTY LINES SHOWN ARE THE BOARD OF APPEALS LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. K of N 3972 DATE OF FILING: FCISIER�� DATE OF HEARING: t LAO§ DATE OF APPROVAL: -33/�i �o Mar 11 06 09: 23a NORTH ANDOVER 9786889542 p. 2 ATN Zoning Bylaw Denial Town Of North Andover Building Department 400 Osgood St North Andover,HIAA.01845 Phone 97&-sii-9645 Fax 97648541542 Shat: 7-7-777-77 liAa 1 60-C/31 Applicant Kevi Kaqq!st: Family suite addit-Jan Date: 3-10-06 Pl�se be advOat at attar review of your llpplication and Plans that your Application is DENIED for the following Zoning Bylaw masons: toning R-3 Ilam Notes liem Notes A Lot area F Frontage I Lot area Insufficient 1 Fro a Insufficient 2 Lot Area Preexisli e S 2 Fron a Com fes 3 Lot Area Compass 3 Pmxmd frontage 4 Insufficient Information 4 Inti ficiard Information use 5 tW access over Frontage 1 Allowed 6 Contiguous Building Anew 2 Not Allowed i insufficient Area 3 Use Prae 2 Complies 4 Special Permit Required vp 3 Prnexisfi ICBA e s 5 Insuftident intimation 4 Insufficient Intonation C Setback H Building Height 1 All setbacks comply i Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Silo Insufficient s Preexists 4 R!et Side lrtsulftcient 4 Insufficient information b Rear Insufficient Building Coverage 6 Preexists setbacks yes 1 coverage exceeds maximum i Insufficient Information 2 Coverep Com iss D Waumbed 3 Coverage Preexietirrg e s 1 Not in Watershed Ves 4 Insufficient Information 2 In Watershed j Sign N A 3 Lot pnor to 1 W24A4 t Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 insufficient information 3 Insufficient Information E Historic District K Parking N I A 1 in District review fequkvd i More PaWnq Required 2 Not in district yes 2 Farki Com 3 Insufficient infornation 3 Insufficient Information 4 Pre-existing Park' RGW*dY for the above is checked below. 10em 5 S lit Permits Planning Heard item a variance Silo Pian Review Special Permit Setback Variarce Aeeeas other than Ftontage Sp=W Permit PaWng Variance Frontage Lot Special Permit Lot Arca Vatiarwa Common—106mmay Special Permit N ' Vaidence F Housi 5 ' Permit Variance for Si n ng Care Radrement Spacial Permit S Permits Zoniin ent Ektari Hwui Parmit S ' Pemrit Non-Comormin Use ZBA tate Condo sal Permit Earth Rarrtowel I Permit 2TA ant District S Permit Permit Use not Listed but Similar Residential Parent B-4 PwMit for Permit spw4ai Permit remstin nonconforming watershed Special Permit The above MMM ad aVadnd*whoeiian d such is bawd an Vee plane and k+fomuNM OUIXn ed. No deraiewe Wvlew and a advice OW be beeed an voW wq, ...rw by ft uppicw t nor etre much varW aipb obwo by the appkw t enve to Pouide debeltw wwmm b aw above sworn kr DEMAL Any irwoaraciee,eieleeOV rn1' "'ort a acme subsegtwrt ' dn.`gee to(kn itMaparfbrt eabrrieed>>y tln appNar�t Atoll be Dra+ria roe anl.teWewb w vddad ar tln aYeaetlon d see BWft DMwrhnerd.Tie alt dW doearM9 tiled Tim Reelaw NmTxi a ahali be Wadwd' - and incopaaied howin by retwo The Waft p depuhnerrtwo main d pian and dwwwboon for Cov abow Ift you moat Ilia a naw b A&V Pooh eiPPOC1°on tam and begin On Building Deparhneht official SignB we Application Received Application Denied I'mial Rnnt If Faved Phone HrfmberilTete• Mar lq 06 09: 23a NORTH ANDOVER 9786889542 p. 3 Pian Review Namstitve The following narr*ve Is provided to further explain the reawns for denial for the applicationt permit for the properly indicated on the reverse side: IIer11 ftmm o 1m Dot" B-4 A Special Permit through-the Z is recruired for a family suitp- in-g—i pa, 4.121J7 f the ZOe g Bylaw for a pre-existing, -non-conforming pre- existing, non-conforming 'in ox—der trn_build prvpnsed family Referred To: Fire hkstth Pdiac Z�r►i 13aard Conservation d Pu41lc Woriac Piannin HWbric.d Commission Other BUILDING DEPT Abutter to Abutter( ) 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." SgLh ect Property: MAP PARCEL Name Address 60.0 31 KEVIN HAMEL-PORTER 12 MINUTE AVENUE,NORTH ANDOVER,MA 01845 Abutters Properties Map Parcel Name Address 60.0 44 Madeline Hennelly 53 Chestnut Street,North Andover,MA 01845 60.0 45 Kenneth Keen 21 Hewitt Avenue,North Andover,MA 01845 60.0 46 Edward Gillen 27 Hewitt Avenue,North Andover,MA 01845 60.0 47 Gary Ford 31 Hewitt Avenue,North Andover,MA 01845 60.0 48 Sebastian Patane 39 Hewitt Avenue,North Andover,MA 01845 60.0 49 Robert Ryan 57 Hewitt Avenue,North Andover,MA 01845 60.0 37 Danile Artone 66 Hewitt Avenue,North Andover,MA 01845 60.0 38 Edward Manchenton 58 Hewitt Avenue,North Andover,MA 01845 60.0 40 William Canty 42 Hewitt Avenue,North Andover,MA 01845 60.0 39 Kevin Foley 52 Hewitt Avenue,North Andover,MA 01845 60.0 41 N&N Oza Family Trust 30 Hewitt Avenue,North Andover,MA 01845 60.0 57 Ronald Moody 28 Hewitt Avenue,North Andover,MA 01845 60.0 42 Judith Hamden 24 Hewitt Avenue,North Andover,MA 01845 60.0 43 Frank Elander 67 Chestnut Street,North Andover,MA 01845 60.0 28 Benjamin Hollins 75 Chestnut Street,North Andover,MA 01845 60.0 29 Judith Brasseur 5 Longwood Avenue,North Andover,MA 01845 60.0 32 Janice Coady 11 Minute Avenue,North Andover,MA 01845 60.0 33 Robert Sciaudone 18 Rosedale Avenue,North Andover,MA 01845 60.0 7&26 Robert Gartside 31 Longwood Avenue,North Andover,MA 01845 60.0 25 Joseph Doherty 39 Longwood Avenue,North Andover,MA 01845 60.0 23 Robert Dawe 55 Kent Lane,Apt H307,Nausha NH 03052 60.0 5 Donald Smith 87 Chestnut Street,North Andover,MA 01845 60.0 6 Charles Ouellet 16 Longwood Avenue,North Andover,MA 01845 60.0 8 David Lanzoni 2 Longwood Avenue,North Andover,MA 01845 60.0 11 Thomas Mannion 44 Longwood Avenue,North Andover,MA 01845 60.0 12 Robert Garside 50 Longwood Avenue,North Andover,MA 01845 60.0 27 Deborah Cowan 113 Chestnut Street,North Andover,MA 01845 60.0 52 Edmund Hyder 18 Chestnut Court,North Andover,MA 01845 60.0 53 Farldeh Tayarani 28 Chestnut Court,North Andover,MA 01845 47 5 Donald Rokes 67 Hewitt Avenue,North Andover,MA 01845 59 93 Edward Rogers 45 Chestnut Street,North Andover,MA 01845 This certifies that the names appearing n pp g on the records of the Assessor Office as of Certified b Date fECEIVED TOWN OF NORTH ANDOVER VARIANCE` r; ; `' ' ZONING BOARD OF APPEALS 2006 MAR 16 PM 4: 22 NAME: ADDRESS OF APPEAL: SS r Procedure & Requirements R for an Application for a Variance Ten(10)copies of the following information must be STEP 8: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 time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Board of an aeplication as incomplete. for mailing to the parties in interest(abutters)and for The information-herein is an abstract of more publication in the newspaper. The petitioner_is notified specific requirements listed in the Zoning Board that the legal notice has been prepared and the cost of Rules and Regulations and is not meant to the Party in Interest fee. supersede them. The petitioner will complete items STEP 7 DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office of STEP 1: ADMINISTRATOR PERMIT DENIAL: the Zoning Board of Appeals and delivers the legal notice The petitioner applies for a Building Permit and receivers to the local newspaper for publication. ' a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner hould�appear in his/her behalf, or be i Petitioner completes an application form to petition the represente&b�an,agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,, the Board shall decide on the matter by using completed. the information it has received to date. i 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 page 4, section 10 of this form. sent to all Parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1)original and ten(10)Xerox the decision,the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time and Common St., Lawrence MA and shall complete the date of filing. The original will be left at the Town Clerk's Certification of Recording form and forward it to the Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals and to the Building Department. Zoning Board of Appeals secretary, IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. &Services 120 Main Street 4;'-Osg6bd Str*et, North Andover, MA 978=688-9501 Town Clerk's Office 801 4 978-688-9566 978-688-9566 Assessor's Office 978-688-054 x..for,(:;QR tjhity Development offices i978-689rtment PAGE 1 of 4 978-688-9541 Zoning Board of Appeals Office �� r"A ti n Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. ' Coverage Feet Spaces Front Side A Side B Rear is m i A I I.m3 Uv zo _z.q -�- 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear a 5 000 AJ/A AJ/A l C)-:5 3c;� 2-0 -Z v 3.0-- 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units*" was a 1yaCo s ►nw Ie cRtfMl�--r t4aoW ya,5 ( - 4 Zs *Reference Uses from the Zoning Bylaw&Table 1. 'State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units *Reference Uses from the Zoning Bylaw&Table 1. *'State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town CleWs Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zonin B and Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete, Si 'R Type above names) here: m PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all items 1 .10 Wow 1. Petitioner: *Name, *Address and telephone number: _ j< �,•1 a �, C0 t !f e^j r-)-q vn-e L - Por-zer t a ► ,1, ur-s- Aai.^ oucl q *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: 1<E Col f-e�P A/ 1-�a�.e� (�or- i a. "7 Years Owned Land: _ 3. Location of Property: a. Street: /v u R A✓i Zoning District: jq 3 b. Assessors: Map number: Lot Number: C. Registry of Deeds: Book Number: 8-7-7 ft Page Number: 3 o 1--r- 4. r4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Z 13 i EL(m iL; SQ room~ A0o1 n,,� ice' C/, C c)F f=JCI ";ink 5T�'VL�\x`P�• *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: �ofzL lTr2eY+7C-}Z -r1- ^/ 2-5-Vu ofn - q' brwSs L,v;P ' The above description shall be used for the purpose of the legal notice and decision."Amore detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section H of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant The decision will be limited to the request by the applicant and Viii not involve additional items not included 664_ 6A. bove:6A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements..:{t.ines A and B are in case of a lot split) ALL iJ i M e^j 5 I t)Q- Owl e T- Lot Area .Open Space Percentage,LotFrontage Parking Sq. Ft. -Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. B. % PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan 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"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance In One(1) Mylar., from the requirements of MGLA ch.40A, Sec. 10..4 and Ell) Plan prepared by a Registered Professional the NorthAndoverZoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F,are required to be Mylar, addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or 1) 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 applicable) sought which do not affect 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 f0 Legend&Graphic Aids: with respect to the land or building 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 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 of substantially derogating from the intent or purpose surveyor. of the Ordinance. _ F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. , shall require only the plan information as indicated with an.asterisk(*). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 11.A. Notification fees:Applicant shalt provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: °Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841°for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects -, 11. B. Mailing labels:Applicant shall provide four(4) -'-Major projects are those,which involve one of the sets of mailing labels no larger than 1"x2-5/8" (3 copies following whether existing or proposed: for the Legal, and one copy for the Decision mailing). 1) five(5) or more parking spaces, 11.C. See 2005 Revised Fee Schedule. II)three (3)or more dwelling units, III)2,000 square feet of building area. ► A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 10B & (one}year if not exercised and a new petition must 10C features, that the plans show detailed utilities, soils, 1 I (submitted. and topographic information. be Mar 14 06 O9: 23a NORTH ANDOVER 9786889542 p. 2 Zoning Bylaw Denial ` Town Of North Andover Building Department 400 Osgood 5t North Andover.�ilA. x'1845 Phone 976-6i>14111W Fax 9764994b42 Barest ma t 60.CJ3i Applicant Kevin u!sd Family suite addition Date: 3-10-06 PkNm be advised that atter'review of your Apprwation and Plans aunt Your Application is DENIED for On following Zoning SYbtw masons: Zonin R-3 Henn NotesTF Item Notes A Lot Mea Frontagei Lot area insufficient Fro a{rfstiffir�etrt2 Lot Area Pfsoxisti e sFron a Com ies 3 Lot Area Com ' FreeXisfingfroWage 4 Insuffictieent Information 4 insufficient infonnstion B use S No access over Frontage 1 Allowed G Contiguous Building Arad 2 Not Allowed i insufficient Area 3 Use Preexisfi Z Com ies 4 Special Permit Required 3 Preexisti CBA es 5 Insufficient Information 4 insufficient Information C Setback H Building Height 1 All setbacks comply -7 Height Exceeds Maximum 2 Fwnt Insufficient 2 Cam les 3 Left Side Insufficient 3 Preexist' He' ht 4 R' ht Side Insufficient 4 InsuftkieM Infonnetlon b Rear losufficient I Building Coverage 6 Preexisting setbacks Yes 1 Cov a exceeds maximurm 7 Insufficjerd Infomration 2 Covera A19 Com les D Waumbed 3 Coverage PreBAstinrg Yes I Not in Watershed yes 4 insufficient Information 2 In Watershed j Sign N A 3 Lot prior to 1 WQ04 1 Slun not allowed 4 Zone to be Detemrined 2 Sign COmPlies S Insufficient information 3 Insufficient Information E Historic District K Parking N i A i In District review required i More Paddng Required 2 Not in district yes 2 Paddng Com 3 Insufficient information 3 irisufftdent linfbirrnation 4 pjj:e)dsij2g Park' Rernedy for the above is checked below. Item>r 1 Special Pumila Planning Board Item N Varitinoe Site Pian Review Special Permit Setback Variance Access other then Fronbee Special Permit Pa Variance ,EMLaLe 9NMEM Lot SPOCAW Permit Lot Area Variance Common Orivenua S Permit H ' M Vavraric Con Hous' S ' Permit Variance i�tEIEP Cor►Unubrg Care Rsumment Speciiii Permit S Zoning Board lnd Elden Housin Special Permit S Pin Use ZBA lar Eatkrte Condo ' Permit 6 .Reeroa+armit ZBA Planned ant District Permit S Permit Use not Listed but Similar Planned ResidrnmW Permit B-4 Permit for R-6 Ownity Special Permit 5pecim Permit preexisting nonconforming Watershed Special Permit 'rhe acinous ravisw and rmdrad aapiarratien a1 such M bared m flus plans rrnd Mrformndon aubrrrlard rro defxxtivs roview ora or sdv;m shall bs basad an votd erpYarraiorra by tw rppiern4 nm amt aueh varbai=0Irrsb—by`ih*aPPbcWd *am to Provide da kWA samara tuft»above rerars rm DENIAL. Ar y kW=n%ci...mhMwav i"..Now or an U600*0011 chuVin to dva irfarmdton wAnftd by llu a;1, *0 be ymkrata far Oris M-' w IS ba voided q 00 dines bm el eke Bu7drap DararNrarrl ttr rtdctrad dooiairrd falad'Pian Rsadraa Nrr .tall be ardr�aad rrralo mrd inaorpMI" ►wein by ratararros.The buVdit daprarbtaMtt vA r4Wn ail p*o and dockr w*bon for fM above eat.You must f W m naw braiding parmlt> farm mrd fyyin fhs parrriaaq p+nows. 4 Budding Depart umt,Officiel Signature Application Received Application Denied ramal Sant If Faved Phnne Namhertf wo` Mar 14 06 09: 23a NORTH ANDOVER 9786889542 p• 3 Pian Review Narrative The following narr*Ne is provided to further explain the reasons for denial for the applicationt permit for the property indicated an the reverse side: f?Iex►t Ilree eek fear Do" B-4 A Special Permit through t1he Zoning is required rfrr% f the Zr3ning_Bylaw for a pre-existing, non-conforming pre- existing, n n-c ' '.r2 .otter 17 _build Referred To: Fim hiaef<h Police Zuni 13oerd ConservationI rmqffqrmnt at Public Wo" Piannin Histaicai Commission other BUILDIPIG DEPT Abutter to Abutter( ) 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 60.0 31 KEVIN HAMEL-PORTER 12 MINUTE AVENUE,NORTH ANDOVER,MA 01845 Abutters Properties Map Parcel Name Address 60.0 44 Madeline Hennelly 53 Chestnut Street,North Andover,MA 01845 60.0 45 Kenneth Keen 21 Hewitt Avenue,North Andover,MA 01845 60.0 46 Edward Gillen 27 Hewitt Avenue,North Andover;MA 01845 60.0 47 Gary Ford 31 Hewitt Avenue,North Andover,MA 01845 60.0 48 Sebastian Patane 39 Hewitt Avenue,North Andover,MA 01845 60.0 49 Robert Ryan 57 Hewitt Avenue,North Andover,MA 01845 60.0 37 Danite Artone 66 Hewitt Avenue,North Andover,MA 01845 60.0 38 Edward Manchenton 58 Hewitt Avenue,North Andover,MA 01845 60.0 40 William Canty 42 Hewitt Avenue,North Andover,MA 01845 60.0 39 Kevin Foley 52 Hewitt Avenue,North Andover,MA 01845 60.0 41 N&N Oza Family Trust 30 Hewitt Avenue,North Andover,MA 01845 60.0 57 Ronald Moody 28 Hewitt Avenue,North Andover,MA 01845 60.0 42 Judith Hamden 24 Hewitt Avenue,North Andover,MA 01845 60.0 43 Frank Elander 67 Chestnut Street,North Andover,MA 01845 60.0 28 Benjamin Hollins 75 Chestnut Street,North Andover,MA 01845 60.0 29 Judith Brasseur 5 Longwood Avenue,North Andover,MA 01845 60.0 32 Janice Coady 11 Minute Avenue,North Andover,MA 01845 60.0 33 Robert Sciaudone 18 Rosedale Avenue,North Andover,MA 01845 60.0 7&26 Robert Gartside 31 Longwood Avenue,North Andover,MA 01845 60.0 25 Joseph Doherty 39 Longwood Avenue,North Andover,MA 01845 60.0 23 Robert Dawe 55 Kent Lane,Apt H307,Nausha NH 03052 60.0 5 Donald Smith 87 Chestnut Street,North Andover,MA 01845 60.0 6 Charles Ouellet 16 Longwood Avenue,North Andover,MA 01845 60.0 8 David Lanzoni 2 Longwood Avenue,North Andover,MA 01845 60.0 11 Thomas Mannion 44 Longwood Avenue,North Andover,MA 01845 60.0 12 Robert Garside 50 Longwood Avenue,North Andover,MA 01845 60.0 27 Deborah Cowan 113 Chestnut Street,North Andover,MA 01845 60.0 52 Edmund Hyder 18 Chestnut Court,North Andover,MA 01845 60.0 53 Farideh Tayarani 28 Chestnut Court,North Andover,MA 01845 47 5 Donald Rokes 67 Hewitt Avenue,North Andover,MA 01845 59 93 Edward Rogers 45 Chestnut Street,North Andover,MA 01845 This certifies that the names appearing pp g on the records of the Assessor Office as of Certified b Date uti _. ZG�-off` .W F PLAN OF LAND LOCUS:NO SCALE IN NORTH ANDOVER, MASS. OWNED BY KEVIN AND COLLEEN HAMEL- PORTER y�sr�Gr SCALE. I"=20' DATE.'211312006 sT 31//2006 ui 0' 20' 40' 60' a a THE ZONING DIST. IS R-3 Scott L. Giles R.P.L.S. 125'FRONTAGE Frank. S. Giles R.P.L.S. w MINUTE p 25,000 S.F.AREA 50 Deer Meadow Road = A VE 30'FRONT SETBACK North Andover, Mass. w 20'SIDE SETBACK MAP 60C PARCEL 29 g 30'REAR SETBACK N/F BRASSEUR 100.00' ASSESSORS MAP 60C PARCEL 31 LOTS 156-161 INCLUSIVE MAP 60C PARCEL 41 OF PLAN 0360 N.E.R.D. N/F OZA 15,000 S.F. m 0 0 d a 26.33' MAP 60C PARCEL 40 n N!F CANTY PROP. PROP. O ADDITION DECK 29' SHED -- 20' m FARMERS PORCH U, _26' _ If EXIST HSE. ~m•. FND. EXIST. GARAGEw GAR. III 2 SPACES 2 SPACES -- 900'TO I 1 100.00' to HEWETT AVE. MINUTE AVENUE THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER THE PROPERTY LINES SHOWN ARE THE BOARD OF APPEALS LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. A OF t 97x DATE OF FILING: ' r g DATE OF HEARING- DATE OF APPROVAL: � - I_ ii ,j i I _ - i r I IA 41 N i ut - r�rC►OI-I 9?�-g; F-- jr _ .. ! j 3 i i..ehi � r oil