HomeMy WebLinkAboutMiscellaneous - 104 MIDDLESEX STREET rx
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TOWN OF NORTH ANDOVER SPECIAL I
ZONING BOARD.OF APPEALS -PERMIT
NAME " 14 1L.,j Rt.A * rwi—
ADDRESS OF APPEAL to greet- r � /--r,dtive,r.. " o , f ;'
StSMD
Procedure;& Requirements for _ °9 ` '
do AO—Pl datidn fd'r.`a`Special
Permit
Ten(10)copies of the following information must be
STEP 6:SCHEDULING OF HEARING,AND
submitted-thirty30 days prior to the first public hearing.
PREPARATION OF LEGAL NOTiCL•
Failure to submit the required.information within the timeI
periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules the
Zonin Board of an a lication.as incomplete, applicant for a hearing date and.prepares.the legal
notice for mailing-to the.parties in•interest(abutters)and
E The information herein is an.abstract of more specific for publication In the newspaper. the' petitioner Is
requirements listed in the Zoning Board-Rules and notified that-the le al�rofice•has:bepen•'rdared and the
Regulations and,is riot meant to supersede them.The cast of the early in Interest fee.
petitioner will complete items that are underlined.
STEP?: DELIVERY OFLEGALNOTICE TO
STEP't:ADMINISTRATOR PERMIT DENIAL•:- NEWSPAPER
The petitioner applies for a Building-Permit and�receivers The petitioner picks'up the-legal notice from the Office of
a Zoning Bylaw Denial form completed by the the Zoning Board of Appeals and delivers the legal notice
Building Commissioner. to the local-newspaper for publication.
STEP 2: SPECIAL,�ERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE'THE ZONING
Petitioner completes-an application form to petition the BOAiRD'OF APPEALS: !
Board of Appeals fora Special Permit. Ali information as The petitioner should appear in hislher behalf,.or be )
required in items 1 through and inducting 11.shgl be represented byan agent or attorney:In fhe apsence of �
completed. any appearance-without due cause on behalf of the
petition,the Board shall-decide writhe matter by using :
STEP 3:' PLAN PREPARATION: the information it has reoelved to date. i
Petitioner submits all of the'required plan information as
cited in Section 16 page 4 of this form. STEP 8: DECISION:
After the hearing,a copy ofthe Board's decision will be.
STEP 4: UST OF PARTIES IN INTEREST: seat#a all parties in interest. Any appeal-of the Board's
The petitioner requests the Assesgors.Office to compile decision may be made pursuant to Massachusetts-
a certified list of Parties in interest(abutters). General Law ch.40A'sec. 17,within twenty(20)days
after the decision is filed with the Town Cleric.
STEPS: SUBMIT APPLICATION: ,
Petitioner submits one(1)original and 10 Xerox copies STEP 90: -RECORDING THE DECISION ANI]PLANS.
of all the required information to the.Town Clerk's Office The petitioner Is responsible*recording certification of
to be certified by the Town-Clerk with the time and date the decision, Mylar,and any accompanying plans at the
of filing. The original will be left.at the Town Clerk's Essex County North Registry of Deeds, 384 Merrimack
Office, and the 10 Xerox copies will be left with the- St.,Lawrence MA 0184.3,and shall complete the .
Zoning Board of Appeals secretary. Certification of Recording form and forward it to the
Zoning Board of Appeals and the Building Department.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. &Services Town Hall
1500 Osgood Street 120 Main Street I
Building 20,Suite 2-36 North Andover,Massachusetts 01845
978-688-9542 fax for Community Development-offices 97M88-9501 Town Clerk's Office
978-688-9545 Building Department 978-688-9566 Assessor's Office
9T8-688-9.541 Zoning Board of Appeals office
PAGE 9 of 4
MAR 2 5 X00
BOARD OF APPEALS
i
PAGE 2 OF 4 Date&Time .
Stamp
North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
1. Petitioner: *Dame, *Address and telephone number..
Tr%161 .k. u Qr'%v%Sj SStr*y '- 0.S 1ok% MN okQ bTt 1)
,J5c aCol yr r- �t 1r✓►eu+ A-vvc ern MA �1 "le
tt C>
.5 h ...__�rw e ria _.� � � S b t CcL
I,
*The petitioner shall be entered on the legal notice and the decision at'entered above.
2. Owners of Land: Narne, Address, telephone number and number of years under this
ownership:
d, Utt"i Sec l Tr +-
1yl-t Mwk aL k&sN St r`s - X-A ut
ar MA, gIEZ"IT
C`l`ot) `in -`-1`tn__ Years Owned-Land: Lj
3. Location of Property:.
a. Street: '-10-'-ki �4k 1z � Vw w /�vt Kv
5 e, zoning District: 'R`"A
b. Assessors:- Map Number AjU f oL.,J.0 Lot Number. 001
c. Registry of Deeds: Book Number 16°SSS Page.Nbmber 11
4. Zoning Bylaw Section(s)tunder which the petition,for the Special Permit is made.
stcha.h 14- \1211. 04 A.t- Ll. 1?:2. t'1'� 1A. 11-.2 t4 A-L- 10 .3 . Yke. i
' rcZLwS � co�.d�+'yc�-�c�+. a�'- c,,. '�w.a $��-►.�1�, d�ysall.��.c
*Refer to the Permit Denial and Zoning Ordinance Pian Review as supplied by the Building Commissioner.
5. Describe the Special Permit request: i
R�,z,c� �.x�S 1-i w5 �o �...i iti C�1we.L� l_,_, ��T. c,.►� c9ks i,�ct- h�..,� �o f
w
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 an page
4, section 9 of this application.
ti
To: North Andover Zoning Board of Appeals
f
From: John R. Pierog
Susan A. Colehower
104 Middlesex Street
North Andover, MA 01845
Date: 3/23/09
Section 9—Special Permit Application, points 1 -6
1. The particular use proposed for the land:
We are requesting a Special Permit for the construction of a two family
dwelling to replace the existing two family dwelling at 40/42 Highland View
Avenue
2. The specific site is an appropriate location for such use, structure or condition:
The existing two family dwelling on the site is old and in need of extensive repairs. The
cost of repairing and upgrading the existing dwelling is economically unfeasible when
compared to the cost of razing the existing structure and constructing a new two family ;
dwelling. A new two family dwelling will represent an enhancement to the property and j
neighborhood.
3. There will be no nuisance or serious hazard to vehicles or pedestrians.
The construction of a two family dwelling will not create a hazard or nuisance
to vehicles or pedestrians. Proper care and clean up of the site will take place
daily.
4. Adequate facilities will be provided for the proper operation of the proposed use
I
The construction of a new two family dwelling will not require any new public
facilities. The site will use existing water and sewer utilities from the existing two
family dwelling. j
r
5. The use is in harmony with the purpose and intent of the zoning by-law.
The existing two family dwelling on the site was constructed in 1909. The t
placement of a two family dwelling on the site is consistent with the current j
use of the site. It is also consistent with other dwellings in the neighborhood.
The replacement of the existing dwelling will provide an improvement and
enhancement on the property with improved utilization of the land over
existing yard setbacks on the site.
6. Specific reference and response to the criteria required by the particular
special permit for which this application is made.
The special permit being requested for the construction of a two family
dwelling is consistent with the Town's Master Plan,furthers the Town's
interest in providing a range of housing types, and minimizes changes to the
existing property's vegetation.
i MAR 2 D ZUQ
r
BOARD OF APPEALS
Page 3of4.
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SFfE .CIAL PERMIT
6A. Existing Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
.Sq. Ft. Sq.Ft. Coverage % F �,, Spaces Ff Side A Si0e,B Rear
613. Proposed Lot(s):
Lot Area. Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq.R. Coverage Feet Spaces FrQnt Side A Side B Rear
%
6C. Required Lot: As.required by Zoning Bylaws&Table 2))
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback I
1 q.Ft Sq.Ft. Coverage Feet Spares
F Side A Side B Rear
pe+e t I
7A. Existing Building(s):
Ground Floor Number of Total use of Number
Square feet Floors Sq.feet Building" of Units`* I
*Reference Uses from the Zoning Bylaws&Table 1.
**State number of units In building.
i
7B. Proposed Building(s):
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Bp'liding* of units:"
t is a,t? S3
*Reference Uses from the Zoning Bylaws&Table 1.
**State number of units in building. I
S. 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 tilled 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`peffloner shall be responsible for all expenses for filing and legal I
notification. Failure to comply'with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal t Zonipg$fid of this application as incomplete.
Signature
Type above name(s) here
I
l
• �vc •tvr
srtUAL PERMIT
9. WRITTEN DOCUMENTATION IIn Pian shall be prepared,stamped and certified by a
Application for a Special Permit must be supported by a Registered Professional Land.Surveyor. Please note
legibly written or typed memorandum setting forth in that plans by a Registered Professional-Engineer,
detail all facts relied upon. When requesting a Special Registered Architect, and/or a Registered-Laridscape,
Permit from the requirements of MGLA ch.40A, and the Architect may be required for Major Projects.
North-Andover Zoning By-taws,all dimensional " *10 C. *Required Features On Plan:
requirements shall be clea6?1dentified.-and factually
Wil Site Orientation shalt include:
supported, All points,/-6,are required to be 1. north point
addressed with this application. 2. zoning districts)
3. names of streets
I.The particular use proposed for the land or structure. 4. wetlands(if applicable) .
2.The specific site is an appropriate location for such 5. abutters of property,within 300'radius
use, structure_ or condition. 6. .locations of buildings on adjacent properties "
3. There will be no nyrisande or serious 7zard to within 50'from applicants proposed structure
vehicles or PAa mans Q-C 1�i 7. deed restrictions, easements. 111
4.Adequate and appropriate facilities will.-be provided M Legend-&Graphic Aids shall include:
.'for the proper operation of the proposed use. 1. Proposed features in stolid lines&outlined in red
5.The use is in harmony with the purpose and intent of t 2. Existing features to be removed in dashed lines
Zoning Bylaw. 3. Graphic Scales
6.Specific reference and response to the criteria. 4. tate of Plan
required•by the particular Special Permit for which 5. Title of Plan.
this application is made(i.e.the Earth Removal 6. Names addresses and phone numbers of the i.
Special Permit has unique criteria and submittal `applicant,'owner of record,and land surveyor:
requirements.). 7. Locus.
90. PLAN OF LAND 10 D. Minor Projects
Each application to the Zoning Board of Appeals steal!be Minor projects,such as decks,sheds,and garages,
accompanied by the following described plan. Plans shall require only the plan Information as indicated with
must be submitted with this application to the Town an."asterisks(`). in some cases"further informatie:r may
Clerk's Office and ZBAsecretary at least thirty(30)days- be required
prior to the public hearing before the Zoning Board of
appeals• 11. -APPLICATION FILING FEES 1
A. Notification fees:Applicant shall provide a chebk
A set of building elevation pians by a Registered or money order to:'Town of North Andover for the cost
:Architect may be required.when the application of first class, certified,retum receipt x#of all parties in
Involves new construagonla conversion/and/or a . interest identified.in MGLA ch.40A§11 on the abutter's
proposed change in use: iist.for the Legal notice check. Also theli
a cantsha ll
pp
supply first class postage stamps xthe#of parties of
10 A. Major Projects interest on the abutter's list for the decision mailing.:
Major projects are those, B. Matting labels:Applicant-shall f
1 e,which involve one of the arwree wr•(4)
following whether existing or proposed: se#s;¢f malting labels la er than 1"x2=5/S"(3 copies
1)five or more-parking spaces, . _ for the Legal malling•and one copy for the Decision
11)three(3)or more dwelling units, malting). •-
itM 2000 square,feet of building area. C. - - See 2005 Revised Fee Schedule.
Major Projects shall lid®A Special Permit once granted by the ZBA wilt
features tans m require that in addifion to the above lapse in 2(two)years if not exercised d•
P must show detailed utilities, an anew.
iffes, soils and
topographic information. petition must be submitted. 00
*10. B.*Plan Specifications: '
n Size of plan: Ten(10)paper copies of a plan not
to exceed 11'x17',preferred scale of 1"=4o,
11) One(1)Mylar,with-one block for Registry-use �
Only, and one block-for five(5)ZBA signatures and date.
31v1-I
ao.c•�1'
� � I
TOWN OF NORTH ANDOVER VARIANCE. f T F,
ZONING BOARD
OF APPEALS
NAME: �� �K�R c S P 1-9: 3.1
ADI3lrZE$S F PEAE.: a4
"Al 1 xtl,� Sirs 1� �I.,-�, A�►�l�,�e�- M<} Town irk T t a
�
0ILis-
Procedure
� id
Procedure &`Requirements
for ars .Application fora.Variance
Ten.(10)copies of the foiiouving1nformation must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty W days prior to the first public healing. PREPARATION OF LEGAL-NOTICE.'
Fallure.to submit the required"information within.the time The Office-of ft Zi hing Board'aIf.Appeals schedules the
periods prescribed may result in a-dismissal-by,ft applicant for a.hearing date and prepares the'iegal notice 1
Zoning Board of an application as ink o mpiete.. for malting to the parties in interest(abutters)and for " !
The information herein is an abstract of more publication in the newspaper The.petitioner is"potified
spec requirements listed in theZoning Board that the legal notice has been prepared and the cost of j
Rules-and Regulations and is not meant to the Party in Interest'fee, i
supersede them. The Petitioner will comniete items SSP 7: I?F_LIVERY OF LEGAL NOTICETO
that are underlined NEWSPAPER
The petitioner picks up-the legal notiice from the Office of-"
STEP 1: ADMINISTRATOR PERMIT DENIM» the Zoning Darr!-of Appeals and deIlws the legal notice
The petitioner applies for a Building 06rm1t and-receivers to the local newspaper for publication. i
a Zoning Bylaw Denial_form completed"by the Building
Commissioner. STEP 8: PUBLIC HEARING"BF.FORE THE ZONING
BOARD OF APPEALS.-"-
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear In hisTher:behalf;or be !
Petitioner completes an application form to petitim.4he represented by an agent or attornay. in the,absence of
Board-of Appeals for a Variance. All information as any appearance Without dine cause an behalf of the
required in hems I-through and including 11 shall be petition,the Board shag.decide on the matter by using
completed. the information it has received to date.
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 deeision.will be
cited in page 4,section 10 of i fag-►. 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,milthin twenty(2Q)days after
The petitioner requests the Assessor's •Office to compile the decision Is filed with the'Town Cleric. I
a certified list of Parties in Interest(abutters).
STEP 9It: 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,384
Office to be certified by-the Town Clerk.with the Haire and Merimacc St.Suite#304,Lawrence MA,01843 and
date of filing. The original viwilt be left at the Town Clerk's shall.complete the Certification of Recording form and
Office,and.the 10 Xerox coples will lie-left.with.the, forward lila the Zoning Board of Appeals and to the
Zoning Board of Appeals secretary. Building Department.
IMPORTANT PHONE NUMBERS: North Andover Town Hall
978-BPB-8533 Office of Community Dev.&Services 120 Main Street
1600 Osgood St.,Bldg.20,Suite 2-36 978-W8-9501 Town Clerk's Office
North Andover,MA 01845 978-688-9566 Assessor's Office
978-688-9542 fax for Community Development offices
978-688-9545 Building Department - PAGE 1 of 4
97&688-9541" Zoning Board of Appeals office f
I
MAR 2 ,� 2009
BOARD OF HPPEALS
PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application fora VARIANCE
P(sai�e-cofn'T 1'°'` p r 4 - fy,. _ 77
1. Petitioner. *Name, *Address and telephone number.
Ptea-o e oxl �1 C 3n
S�S� F _ _
• 'l iv �.. t c.•1rU l•cw f:, n11 r1 o Mo CRIT) l.-i:1-W1
*The petitioner shall be entered on the legal notice and the-dedsion as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership: .
�-4, kt4,.ti weld Rt.-k -Tvvs
kok M a t)c QQ
1-ID) -5-V;-4103
Years Owned.Land:
3. Location of Property:
a. fteet: 4 2—k Z, 4v!i h"ck V1-tw Avv-vw t Zoning District
b. Assessors: Map number._._ a !oyi-v Lot Number. ao 1�A
c. Registry of Deeds: Book Number to m5 Page Number: 11"1
4. Zoning Bylaw S�ecfio�t 1 ny(s+1j*utter which( the petition for the Variance is•a>lade.
P ( ,
ii� L{l _k:r 14 Q (I 1L i-�Z 1 Q. A
*Refer to the Zoninglaw Denial and Plan Re�rie�w r
BY .• t�arra4ve form as supplied by the S Commissioner.
5. Describe the Variance request: f
�W Nyck-+c,.t c@. ra+�r► 1 1 C.l•c�i- l e.�1 Stre.�t
The above description shag be riled for as ptapo"W ire leW noBce and decision. A more dedled'deacri;Won is requbad pursuant to the
Zoning Board 11111a6 and Regulations as dW on pie 4,ndlon•9 of fhs appticatlod.Fallure by dw-appkant to describe flue request dearly =
may result in a decision dot toes not address the hrtefd of the.appticatrt. The decision will be resold toft nquest by the applicant and wig
not involve addillonai hems not included above.
6 A. Difference from Zoning Bylaw requirements: indicate the dimalmion(s)that will not main f
current Zoning Bylaw Requirements (Lines A and 8 are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Palling
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side-B Rear
$.
fii
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E
1
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 Logs), I
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
. i
- i
1
i
6 D. Required Lot,..(As required by.Zoning Bylaw&Table 2) s
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback-
Sq. Ft Sq.Ft. Coverage Feet Spaces Front Side A Side 8 Rear -
1 Sao 100 . 1 '- 15
7A. Existing Building(s): 'TSL-1e )Jd�e
Ground Floor NLnnbar 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).
7B. Proposed Building(s):
Ground Floor .Number of Height Total Use of Number
Square flet Floors Sq.fed Building" of Units"
'Reference Uses from the Zoning Bylaw&Tape 1.
"State number of uriits in building(s). . lI
- - I
- t
S. 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 61'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 applicatior-L 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 shalt 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 pf this application as incomplete.
Signature: F
f
Type above name(s) here: \,Th'h 'tZ N-r oo f
i
PAGE 4 OF 4
VARIANCE
9. WRITTEN DOCUMENTATION 1) size of pian: Ten(10)paper copies of a-pian not
Application for a Variance must be supported by a legibly to exceed 11"x1 T, preferred scale of 1"=40'
written or typed memorandum si setting forth- detail all >� One(1)Mylar,with one block for R
facts relied e9�y'Use
upon. When requesting a Variants;from the Only,and one block for five(5}ZBA signatures&date.
requirements of MGLA ch.40A,Sec.10.4 and the North IH) Plan shall be prepared, stamped and certified by a
Andover Zoning By-laws,all dimensional requirements Registered-Professional Land Surveyor. Please note
shalt be-clearly identified and faoWaily supported. An that plans by.a Registered Professional Engineer,
points,A-F,are required..to be:addressed with this Registered Architect,and/or a Registered Landscape
application. -Archkect:may be required for Major Projects.,
A. The-
*10 d. "Required Features On Pian:
'culatuse
l� proposed.- p t� for the land or
structure. . n Site Orientation shall include•
B. The circumstances relating to s011 conditions,shape 1. north point .
or to ra to�such
tm9 ph�C land ir sbv
2
affecting the property.-for clul�'espeaatiy zing district(s} .
g. P party fo which the Variance is 3. names of streets
sought which do not affect generally-the zoning 4. wetlands IN applicable)
district in which the property Is'located. 5. abutters of property,-within 300'radius
C. Facts which make up the substantiat hardship, 6. locations of builsfings on adjacent properties
- financial or ofhew tse,which results from liberal within 50'from applicants proposed.structure
enforcement of the applicable zoning restrictions with 7. deed restrictions, easementa.
respect to the land or bullding for which the variance 'In - Legend A Graphic Aids shall Include:
is sought. 1. Proposed features in solid fines&outlined In red
Q. Facts retied upon to support a finding that relief 2. Existing features to be removed in dashed lines
sought will be destrable-and without substantial 3. -Graphic Scales
detriment to the public good. 4. Date of Plan
E. Fads relied upon to support a finding that relief 5. - Title-of Plan
sought may be given.without nullifying or• •6. Names addresses and phone numbers of the -
substantially derogating from the Intent or purpose of apple,owner or record,and land surveyor.
the Ordinance. .71 Locus .-.
F. Submit RDA-from Conservation Commission when 10 P.Minor Projects
Continuous Buildable Area is applied for in ZBA Minor projects,such as docks,sheds,and garages,
application. shafl require only the plan information as indicated with.
an.asterisk(*). In some cases further information may
142._ PLAN OF LAND be required. i
Each application to the Zoning Board,of Appeols-shaN be
accompanied by the following descrtbed plan. Pians APPLICATION RUNG.FEES
must be submitted with this applicatiorr to the Town 11-,A .Notification fees:Applicant shall provide a check
Clerk's Office and ZBA secretary at least thirty(30y days or money order to "Town of North Andover"for the cost
prior to the public hearing before the Zopin Board of of first class;certified,return receipt x#s f all parties in
appeals. Qk1l;&*identified in MGLA ch.40A§11 on the abutter's {
list forthe legal notice ciMIL Also,the applicant shag
A suet of tiuilding elevation plans 4 a RegistWW supply first class-postage stamps x the#of parties of
Architect may be required when the appiiaation interest on the abutter's fist for the decision mailing,
involves new constniction/conversiont and/or d' 17•B. Malting labels:Applicant shall provide four 14)
proposed change in use. sets of mailing labels no larger than 1"x2-518"(3 copies
for the Legal,
P�one cepy for the Decision mailing).1E.A. Major Projects 11.C.-
� shag
provide a check or money Order
MajOr.proiects are those,which involve one of the to:"Town of North Andover"per 2005 Revised Fee
following whether existing or proposed: Schedule.
1)five(5)or more parking spaces,
-II)three(3)or more dwelling.units, . ► A Variance once granted by the ZBA will lapse in 1
2 p (one) r if not exercilse
f10 rare f ' - Y� d and a new
>� eat a b
s4 of-building etition
n area� p must
be submitted.t
Major Projects shaft require,that in addition to the 10B&
10.0 features,that the plans show detailed ulfilties,soils,
and topographic information.
*10:B.'"Flan Specifications.-
To: North Andover Zoning Board of Appeals
From: John R. Pierog
Susan A. Colehower
104 Middlesex Street
North Andover, MA 01845
Date: 3/23/09
Subject: Variance
Section 9—Variance Application, points A-F:
A. My particular Variance request is for the construction of a two family
dwelling to replace the existing two family dwelling at 40 -42 Highland
View Avenue.
B. The 40—42 Highland View Avenue site is configured as an irregular
shaped lot. The configuration of the lot predates the establishment of the
current zoning requirements. The existing two family dwelling is sited on
the property in a non conforming manner. The proposed construction of
the new two family dwelling is sited for improved utilization of the site the
irregular shaped site challenges the design; of an economically acceptable
conforming dwelling.
C. If the literal enforcement of the Zoning Bylaw section 7.1, 7.2, 7.3, i
4.122.14B.b/d and table 2 on this site occurred a significant financial
hardship would result in the use of the property based on the configuration
of the site. The repair and upgrade of the existing two family dwelling is
challenging with potential undeterminable repairs and expenses required
prior to initiating repairs on the dwelling making the option economically
challenging with unforeseen risks.
D. The granting of the variance will allow an improved appearance and
enhancement in the neighborhood by replacing the existing two family
dwelling and garage The replacement of the existing two family dwelling
with a new two family dwelling will support a finding the relief sought will
be desirable for the property, surrounding properties and an enhancement
to the neighborhood without substantial detriment to the public good.
F. The approval of constructing a replacement two family dwelling is
desirable, as it will improve the appearance and enhancement of the
neighborhood. The construction will not devalue the abutting properties
character or value. The approval will support a finding the relief sought
may be given without nullifying or substantially derogating from the intent
or purpose of the Zoning Bylaw.
F. NA
MAP
2 ,52009
BOARD Or APPEALS
FORM A ;
APPLICATION FOR APPROVAL NOT REQUIRED
DATE: r
(Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the
Planning Board.)
To the Planning Board:
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,
does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for
a determination and endorsement that the Planning Board approval under the Subdivision Control
Law is not required.
1.Name of Applicant: Gerard E. Welch
Address: 130- Middlesex St, North Andover, MA 01 845
2.Location and Description of Property[include Assessor's Map Re s i de nt i a 1 District __
B9
andLot and ZoningDistrict(s)]: Map 8 5, Parcel 3 5,
3.Deed Reference: Book
5076 page 252
or Certificate of Title:
4.Name of Surveyor: Andover Consultants
Address: 1 East River Place
et MI A 1 44
Signature of Owner(s):—:
Address: 1 30 --- Sfi N Andover, MA
Please indicate the grounds (either A,B,C or D,not a combination)on which you believe your plan not to be
a subdivision.
A. Each lot on the plan meets one of the following criteria:
1. Has the frontage, lot area,and lot width required under the Zoning By-law on:
a) a public way,or
b) a way which the Town Clerk certifies is maintained&used as a public way,or
c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control
Law,recorded in Plan Book _ Plan ,or
d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the
Board finds adequate for the way's proposed use,or
e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
B. Each Lot has been clearly marked on the plan to be either:
a) joined to and made part of an adjacent lot,or
b) labeled"Not A Building Lot".
C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision
Control Law.
D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described
above.
Received: Town of North Andover Town Clerk(date stamp):
Signature of Town official receiving this application:
� �� L x I S NoT A /3v)L )QA2� � LOT f WILL 0?C' "A1iu
PA
� tj o wA�Ej2: 1i 10 o
Notice to APPLICANUTOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law,and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan show a subddivision,nder the a defined
by
G.L.c.41,s. 81-L and must therefore be re-submitted to it forpp
roval Control
Law.
Very truly yours,
North Andover Planning Board
By:
Date: