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HomeMy WebLinkAboutMiscellaneous - 75 CROSSBOW LANE TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS r PROCEDURE oR ANDOVER and REQUIREMENTS STEP 6: SCHEDULING O E I AW tl: 4b for FILING an APPLICATION for PREPARATION OF LEG i . The office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters)and be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attomey. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9• DECISION: as required in items 1 through and including 11 shall be ' After the hearing, a copy of the Boards decision will be completed. � j sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch.40A sec. 17,within twenty(20)days cited in item 10 page 4 of this form. after the decision is filed with the Town Clerk. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) original of all the required PLANS. information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification.of The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex 'j certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest(abutters). f r i , IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office J PAGE 2 OF 4 Dat e8 Ti CElVEO TOWN CLERKAW m„M NORTH AND Application for a SPECIAL PERMIT -1 I A II: 41 North ANDOVER ZONING BOARD OF APPEALS N12- 1. Petitioner:i Name, address and telephone number: (an z 5 5nbow I.Q✓I q-7 -(-1(�(o *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: + Jac o to danL 7 .5 C.ya 55 bn J Lane, 17 9 (P 8 ! l -1(e 1�> 13 Years Owned Land: 3. Location of Property: a. Street: r (A) La Kc Zoning District K1 b. Assessors: Map numberB 9 Number: I c. Registry of Deeds: Book NumlPeY /Sa,;i Page Number: 1 -7 4. By-Law Sections under which the petition for the Special Permit is made. 9 �.z *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: A .5 —1. ck Il p o n r rrl cel tr7-f. � cX q+z l'1C� � l.�t./ � i u.Se YL�7�YYIII e)4, *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. I, i i I� 1 a { Page 3 of 4 k Application for a SPECIAL PERMIT r NORTH ANDOVER ZONING BOARD OF APPEALS i 6.a 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 % ?yl' 3' 35S b. 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 x.56 3 q6, 473 3-9 % c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear -1, fab NA 1 YA % 30 30 30 3�( 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units I � ;0S 91f15t&V►-ho-C *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* / of Units T58 0 *Reference Use Code numbers and Uses from the Zoning Ordinance. 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 filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature II Type above name W here NQ k-)fv PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 1. North point 2. zoning district(s) and P 9.2 Special Permit Granting Authority shall be clearly identified and factually supported: Addressing each of the 3. names of streets 4. wetlands to be shown on plan (if applicable) below points individually is required with this application. 5. abutters of property,within 300 foot radius 6. location of buildings on adjacent properties within 1, The particular use proposed for the land or structure. 50'from applicants proposed structure 7, deed restrictions, easements 2. The specific site is an appropriate location for such B. Legend 8 Graphic Aids: use, structure or condition. 1. Proposed features in solid lines 8 outlined in red vehicles or pedestrians.3. There will be nuisance or serious hazard to 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Pian the proper operation of the proposed use. . Title of Plan. S. The use is in harmony with the purpose and intent of 55Names addresses and phone numbers of the the zoning by-law. 6. Specific reference and response to the criteria applicant, owner of record, and designer or required by the particular special permit for which this surveyor. application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal Major Projects shall requirements). 1 1 require that in addition to the above features, plans must show detailed utilities, soils, and 10. Plan of Land topographic information. A set of building elevation and Each application to the Zoning Board of A interior of building plans will be required when the ppl g Appeals shall be application involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor be submitted with this application to the Town Cleric's projects including decks, sheds,&garages shall be Office and ZBA secretary at least thirty(30)days prior to included with a side view depicted on the plot plan, the public hearing before the Zoning Board of Appeals. which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major projects are those which involve one of the following A. Notification Fees: Applicant is to send by certified whether existing or proposed: a)five or more parking mail all legal notices to all abutters, and then spaces, b)three or more dwelling units,and supply t is c) 2000 square feet of building area. to supplyostamps (appropriateof of g ricurrent postaA secretary. ge)for Minor projects that are less than p p g ) p 1e an the above limits shall require only the plan information as indicated with mailing of decisions to all parties of interest as identified in MGLA ch. 40A in sec. 11 as listed on the asterisks (*) in some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one (1)set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application. b) Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2)years if not exercised and a new petition must be submitted. TOWN OF NORTH ANDOVER VARIANCE -_, � ZONING BOARD OF APPEALS Rc-u IVSD )a*YcE sRaos .. T LER •I ,� KO Procedure & Requirements 2001 'UN 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 PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters)and incomplete. for publication in the newspaper. The petitioner is I notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: f 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 2: VARIANCE APPLICATION FORM: The petitioner.should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner, the Board shall decide on the matter by using completed. the information it has otherwise received. 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 Cleric. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Cleric 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). l IMPORTANT PHONE NUMBERS: t i 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department Page 2 of 4 REHIVcD JOYCE SRADSHAW Application for a VARIANCE i^ X Zoning Board of Appeals lggi JUN L { A W 48 1. Petitioner: Name, address and telephone number: Nomc V Plan;L 75 crozs av) i-ane C176- &B *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: Nancy W l'acob Flan-IL- 75 Crossbow LQAQ. q�g•�g1-17lnlO Years Owned Land: 1 3 N ea rs 3. Location of Property: a. Street: tftss lit LANE Zoning District R i. b. Assessors: Map number lo6-B ao8 Lot Number: r7 c. Registry of Deeds: Book Number 1$22 Page Number: 171 4. Zoning Sections under which the petition for the Variance is made. *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request A maes-1 ayai6twt m *v- She sed-&ck divenstl� Rea.utrernetnl• dor 1*,e- pa -P V o - CM-,S nuc-haq aA add'►+io,r,. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. B. % i I i i Page 3 of 4 Application for a VARIANCE A a y � Zoning Board of Appeals k 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 ya,553 �t1,�g3 a.6 % 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 %5 53 %1613 3A % 15D r 15(a a'93` d. Required Lot: (As required by Zoning By-Law) (Recwtty kfICIISti-eted) 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 $'1,120 OJA Jjg�% 115 30 30 30 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 1 aB o a o N5t1&yh]L 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 140 Iz b?>0 Riad Cl.,btax+�1 tC.loset� *Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si nature Type above name (s) here NANcy FLAN PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for av/anance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines = financial or otherwise,which results from literal 3. Graphic Scales i'` -q1, ' <— enforcement of the applicable zoning restrictions with 4. Date of Plan - respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks,sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one (1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks (*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10 1 copies of a plan not to.exceed 11"x17", preferred scale of 1"=40'. ✓�� A variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor,with a block for five (5)ZBA be submitted. signatures and date indicated on mylar. Town of North Andover µOR= ��°°;;YC . � , cSP. V Office of the Zoning Board of Appeals JOYCE t✓� iltrit�JiiF'+s'S ►. p TO=y CL Community Development and Services Division . E` TA,k:D 0 V y� 27 Charles Street �f°►��==�•w�'� �fy '+wren North Andover,Massachusetts 01845 ��gcwus� 2001 JUL { 8 A q: 41 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 2001 date of filing of this notice in the office of the Town Clerk. Property at: 75 Crossbow Lane NAME: Nancy Flanz DATE: 7/11/2001 ADDRESS: 75 Crossbow Lane PETITION: 018-2001 North Andover,MA 01845 HEARING(s)7/10/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 10, 2001,at 7:30 PM upon the application of Nancy Flanz,75 Crossbow Lane,North Andover,requesting a dimensional Variance from Section 7,Paragraph 7.3 for relief of a side setback in order to construct a library,closet,&basement and for a Special Permit from Section 9,Paragraph 9.2 to extend and alter the use of a structure on a non-conforming lot,within the R-I zoning district. The following Board members were present: William J.Sullivan,Walter F.Soule, John Pallone, Scott Karpinski,&George Earley. Upon a motion made by Walter F. Soule and 2nd by John Pallone the Board voted to GRANT a dimensional Variance for relief of an East side setback of 12.6'in order to construct a library,closet& basement in accordance with the Plan of Land by: James E.Franklin,PLS,#37045,New England Engineering Services,Inc.60 Beechwood Drive,North Andover,MA.,dated:5/31/2001. The Board finds that the petitioner has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Within the same motion the Board voted to GRANT a Special Permit to allow for the said addition of 880 s.f. (equal to 38%) in order to alter the use of a structure on a non-conforming lot.,in accordance with the above mentioned Plan of Land by: James E.Franklin,PLS,dated 5/31/2001.The Board finds that the applicant has satisfied the provision of Section 9,Paragraph 9.2 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. Voting in favor: WJS/WFS/JP/SK/GE. 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 AppIsUL. William J.S Iivan,Chairman Ml/Decisions200 1/20 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEAL H 688-9540 PLANNING 688-9535