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HomeMy WebLinkAboutMiscellaneous - 125 HEATH ROAD Town of North Andover , NORTh Office of the Zoning Board of Appeals community Development and Services Division • ' si + " 27 Charles Street North Andover,Massachusetts 01845 �'Ss;no t� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Pro at: for premises at:125 Heath Road NAME: William H.Batchelder HEARING(S): 9/9/03 ADDRESS: 125 Heath Road PETITION: 2003-032 North Andover,MA 01845 TYPING DATE: 9/15/03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,the 9*of September,2003 at 7:30 PM in the North Andover Middle School Auditorium,495 Main Street,North Andover upon the application of William H.Batchelder,125 Heath Road,North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of the rear setback requirements of the Zoning By-law in order to add a roof over the existing rear entrance steps. The said premise affected is property with frontage on the South side of Heath Road,within the R-3 zoning district. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P. McIntyre,and Joseph D.LaGrasse. Upon a motion by John M.Pallone and 2nd by Joseph D.LaGrasse,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 2' from the rear setback requirements of the Zoning By-law in order to add a roof over the existing rear entrance steps Plan of Land in North Andover,Mass.owned by William H. and Jane Batchelder,date 8/6/2003 by Scott L.Giles,R P.L. S #13972, Scott L.Giles RP.L.S.,Frank S.Giles R.P.L.S.,50 Deer Meadow Road,North Andover,Mass. Voting in favor: William J. Sullivan,Walter F. Soule John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. 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, William J. ullivan,Chairman Decision 2003-032. M97P37 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 HeaM 978-688-9540 Planning 978-688-9535 TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS -Ac. 5" Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND p 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 for publication in the newspaper. The petitioner is incomplete. notified that'the legal notice has been prepared and the The information herein is an abstract of more specific COSI of the Patty in Interest fee. k 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. NEWSPAPERIPARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. r 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. t " Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as Afterthe hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's ° decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch 40A sec. 17,within twenty,(20) days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION l certifying the time and date of filing.The remaining ten PLANS. f, copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of ifAppeals 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 al#of the�requhvd Repo ding.formand forward:it to the Zoning Board of information,the petitioner requests frolthe Assessorsti �rnd:the Hail+dir Departrit CJffice. Office a certified list of Parties in Interest(abutters). , IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office' `- 978-688-9501 Town Clerk's Office C 978-688-9545 Building Department �' Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: *The petitioner shaft be entered of the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of j years under this ownership: j Vjtiu k� ► 6kTft.yr- 4- .J W G Years Owned Land: q 3. Location of a. Street: lP f Zoning District ' 3 b. Assessors: Map number _Lot Number. c. Registry of Deeds: Book Number D 4L Page Number: 3 4. Zoning Sections under which the petition for the Variance is made. + lie 2 "Refer to the Permit Denial and Zoning By-law Plan Redew as supplied by the BukkV Commissioner . i' v. Describe the Variance request k me, h - maj-. La� h�� 1 The above descripdon shall be used for the purpose of#w legal notice and decision. A more dda W is mpdred p to the !oning:Board gifts and,Regulallons as chert on page 4 of 60 applicaliaL Failure by the appfRm t to describe lire request mai result to i decision OW dam"scift s,ttml nt-def w be f la:fhe reque$E 6 tt app0anE axd will not ininol dditlorul items not Inciddled dove. i ia, Difference from Zoning By-Law requirements: Indicate the dimensions that will not;meet current zoning By4-awl equirement& (A and Bare in the case of a tort split) opt Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % c� i r Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Bach" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 44 " nl/� ' d. Required Lot: (As requiredby zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft Cove ge Feet` Spaces Front Side A Side B Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` I S 2001 &Vw 6Y-13 i i "Reference Uses from the Zoning By-Law.State number of units In bu g. b. Proposed Buildings: Ground Floor` Number of Tata'`" Use of`` Square feet Floors Sq.feet Building' ~Reference Uses from the Zoning By-Law:Ste6e nuiir lin it bung T 8. Petitioner and Landowner slgnaturfllr(s) Every application for a Variance std be made on this form which is the official form of the Zoning Board Of Appe81s. Evory Dior►shall be filed with l the Town Clerk's Office. it shall be the responsibillity of the petitioner to fiunish an suppoltmg docunwtation with this application. Tire dated copy of this application received by the Town Clerk or the Zoning Board of Appeal does not absolve the appy from this responsibility. The Petitioner shall be responsible for all expenses for filing and legal notification. Fame to comply with appkation requifWme".as cited ' and in the Zoning Board Rules and Regulations may result in a dismissal by the d of this as f Si nature ,,,�, Type above name (s) here jjW hAQ(n i PAGE 4OF4 _ VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or Wed 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 d ise l*nal 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 Scabs 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. S. 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 pian, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's 11. APPLICATION FIUNG FEES 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 abuts 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 r whether existing or proposed:a)five-or more parking parties in interest as identified.in MGLA ch.40A, sPaces, bj<�:or More,dwelliOg uniitts,and sec. 11 as listed on the application. ZBA Secretary c)2000 square=feet nr>rore asfbetitd arear. will-compt te,n m of, ; Minor projects that are less than the above limits shall B. Applicant is to supiply one(!)set of addressed` require only the plan information as indicated with an labels of abutterwto Z A 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: NMI 1 111111 a Size of plan: Ten (10) copies of aplan 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 °f N0T ice of the Zoning Board of Appeals 3? ' Comity Development and Services Division _ 27 Charles Street ` .��41 North Andover,Massachusetts 01.845 n P Cz D. Robertlicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Middle School, 495 Main Street,North Andover, MA on Tuesday the 9t'of September, 2003 at 7:30 PM to all parties interested in the appeal of William H. Batchelder, 125 Heath Road,North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the rear setback requirements of the Zoning By-law in order to add a roof over the existing rear entrance steps. The said premise affected is property with frontage on the South side of Heath Road, within the R-3 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William 3. Sullivan, Chairman Published in the Eagle Tribune on August 25 & September 1,2003. Legalnotice 2003-032. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover North Andover,MA 01845 8/10/03 To Whom It May Concern, RE: Request for Variance; A. The particular use proposed for the land or structure: We are requesting a variance at the rear lot line set back for the purpose of adding a roof over the existing steps to the entrance to our house. B. The circumstances relating to ... conditions... affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. We a desirous of building a roof over our existing steps to the primary entrance to our house. The land to the south of our house is close to the set back requirements; however by covering the existing steps we will come two feet under the minimum set back requirement of thirty feet. C. Facts which make up the substantial hardship,financial or otherwise, which results from the literal enforcement of the applicable zoning restrictions... We are just looking to put a roof over the existing three foot wide steps to the main entrance to our house. Changing the entrance to our house is not possible. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The south side of our property, that we are requesting to build a roof over our existing three foot wide steps to the main entrance of our house,is hidden from the neighborhood. Our neighbor's house to the south is two hundred fifty feet away from the structure we are requesting to build and is separated by a row of dense trees and shrubbery at our property lines. The roof we are looking to add will have little or no impact on our neighbor to the south or any other family in our neighborhood. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. It is our understanding that the intent of the rear set-back requirement is to provide sufficient distance between dwellings in the zoning district. In our case, due to the rear set-backs of our house and the house of our neighbor to the south,the actual distance between our dwellings is over 250ft.. In addition, the nature of the line of trees at our property line provides further insulation visual and otherwise that adds to the buffer between the houses. The existing law states that you need 30ft.from your structure to your rear property line. By adding a roof over the existing three foot wide steps we will have a three foot structure that is only 28ft.from the property line. F. Submit RDA from Conservation Commission when Not Applicable. William and Jane Batchelder 125 Heath Road North Andover,MA 01845 Town of North Andover, Zoning Board of Ayyeats Parties of Interest/Abutters Listin REQUIItEMENT: MGL 40A, Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS, ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS f7I 'M411 V5 4AN Ar.� e, f r145 , A JA 5 _ i 2 A. 01 -�- t THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIG ATURE PAGE OF Ontifled by Date / r Board of As or No Andover Town of North Andover, Zoning Board of Anneals_ Parties of Interest/Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part K Parties in Interest as used in this chapter shall mean the petitioner,abutters,owners of land directly opposite on any public or private street or way,and abutters to abutters within three hundred (300)feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land.of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting City or town." Applicant's property,list by map, parcel,name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS . ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS (iD A ��- 1- j flay THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGN TURF PAGE OF Clafte pate �161-06 Board ssesso orth Andover dJti TF" Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover MA. 0 845 Phone 978-688-9545 Fax 978-688-9542 Street: ea Ma /Lot: SY Q _ 3 117 Applicant: Wt 1 8 a f cb�! e ►- Re uest: 3 /.X i )0C- vSti a>v-er- /2 ear- Dd© 2 Date: 7-3 - 0 3 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes Q Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 1 Preexisting frontage -1 e S 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed -te S G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies. 4 Special Permit Required 3 Preexisting CBA `1 e.S 5 Insufficient Information 4 Insufficient Information C Setback A Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient -1-1 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient Ile S 1 Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting Li e-5 1 Not in Watershed Ll e,5 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed -- 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required A 2 Not in district es 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning BoardItem # Variance Site Plan Review Special Permit C- Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo S ecial Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sion R-6 Density Special Permit Special permit for preexisting Watershed special Permit nonconforming The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled"Plan Review Narrative"shall be attached hereto and Incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and begin the permitting process. wilding Department Official Signau Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: r �r42/.4NCG / S ne a +l IAV E 6 d c /< 7�i n o u te. o ti i ti ,( mdrel 4 ed /SScC��0 ,U Referred To: Fire' Police Health Conservation zoning Board Planning De artment of Public Works Other Historical Commission Buildin De artment