The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - 145 BEVERLY STREET 3 Town Clerk Time Stamp Town of North Andover ZONING BOARD OF "PEALSt �$, F;C1 F ' C IVEQ Albert P.Manzi III,Esq. Chairman Ellen P.McIntyre,Vice-Chairman f NoeTh2007 MAR -6 PH 4 q Richard J.Byers,Esq.clerk a 4��`" :°e~o ; 24 Joseph D.LaGrasse 03 N, David R.Webster Associate Members * - pA g}q��i �► i ea 4F N, P%{H A N Thomas D.Ippolito Richard M. Vaillancourt �/y �RArgo►��.(� a Daniel S.Braese,Esq. SSAC14U Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 145 Street NAME: Mr.&Mrs.Albert DeLeo HEARING(S): Febrhary 20,2007 ADDRESS: 145 Beverly Street PETITION: 2007-002 North Andover,MA 01845 TYPING DATE: March 5 2007 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,February 20,2007 at 7:30 PM upon the application of Mr.&Mrs.Albert DeLeo,145 Beverly Street(Map 5,Parcel 57),North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the front setback in order to construct a front portico,and for a Special Permit from Section 9,Paragraphs 9.2 and 9.3.5 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 fro,dage on the West side of Beverly Street within the R4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of genenal circulation in the Town of North Andover,on January 26& February 2,2007. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,Ill,and David R Webster. The following non-voting members were present: Thomas D. Ippolito,Richard M.Vaillancourt,and Daniel S.Braese. Upon a motion by Ellen P.McIntyre and 2w by David R.Webster,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 13.4' from the requirements for the f xw setback in order to construct a front portico,and upon a motion by Ellen P.McIntyre and 2`d by David R Webster,the Bored voted to GRANT a Special Permit from.Section 9, Paragraphs 9.2 and 9.3.5 of the Zoning Bylaw in order to extend a pre-existing,non-conforming strUCture on a pre-existing,non-conforming lot. Site: 145 Beverly Sheet 04ap 5,Parcel 57),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Mass.,prepared for ownerlapplicant,Albert L. DeLeo,Jr., 145 Beverly Street,North Andover,Massachusetts 01845 Date(&Revised Dates): December 14,2006 Registered Professional Stephen E. Stapinski,R.L.S.#29876 Land Surveyor: Building Plan Title: Addition for Al-Maria De Leo, 145 Beverly Rd,N.Andover,MA 01845 By: G.3.Bruno Associates,Residential Designers,28 Berkeley Road,N.Andover MA 01845 Date: 7-23-06 Sheet/Drawing: Al,Jab no.6341 excerpt for portico Page I of 3 1600 Osgood Street,Building 20 Suite 2-36,North Andover,Massachusetts 01845 Phone 978-688-9541 Fax 978-688-9542 Web-www.townofnorthandover,com Town Clerk Time Stamp Town of North Andover f-- I-C'zlV E D ZONING BOARD OF APPEAI,Srovj,&,! Albert P.Manzi III,Esq. Chariman Ellen P.McIntyre, Lice-Chairman _ ' f s< NO`R°T Richard J.Byers Esq.Clerk ° yr6, ao 2001 MAR y 6 Joseph D.LaGrasse O o� David R.Webster F' � �� Associate Wembers * v i Ci; ANU MA Thomas D.Ippohto + °oq <�4.S„K a +� :<C Richard M. Vaillancourt +,r.o Daniel S.Braese,Esq. SSS^CHU`✓�� With the following condition: 1. The applicant shall provide a revised Mylar showing;the brant wasting steps and granted portico. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard:J.Byers,Albert P.Manzi,III,and David R Webster. The Board finds that owing to circumstances relating to the location of the genu Lure on the lot 145 Beverly Street,Map 5 Parcel 57,especially affects 145 Beaverly Street and the non-couf�itig structure but does not affect the R-4 zoning district generally in which it is located,a literal enforcement of the provisions of Paragraph 7.3&Table 2 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that there was no written or spoken opposition to the Variance. The Board finds that 145 Beverly Street was granted dimensional Variances from the requirements of Section 7,Paragraph 7.3& Table 2,per petition 5-82,for the existing fo lotion's fiom 20.6'(and side setbacks)on February 8, 1982. The Board finds that the proposed portico extends 4'over the existing uncovered from stairs. The Board finds that the streetscape,shown in photograph IC submitted as part of the application,shows that Beverly Street is a pre-zoning street with similar setbacks. The Burd finds that desirable relief may be granted 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 Section 9,Paragraphs 9.2 and 9.3.5 of the zoning bylaw and that the granting of this Special Permit in order to extend a pre-existing,non-conforming single family dwelling with a front stairs portico is in harmony with the general purpose and intent of the bylaw. The Board finds that this use complies with the specific zoning provisions of Section 10,Paragraph 10.31 sex forth below,as stated. 145 Beverly Street is an appropriate location for such a portico over front stairs and the portico,as shown on the above building plans,will not adversely affect the neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians and that adequate and appropriate facilities will be provided for the proper operation of the portico. The Board finds that the addition of a portico shall not be substantially more detrimental than the existing 145 Beverly Street single family dwelling to the neighborhood. 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 saftr 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,scute,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Page 2 of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.t"mofnordwmdover.com Town Clerk Time Stamp Town of North Andover ZONING BOARD OF APPEALS1; R Pl!f ED Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre,Tice-Chairman VtoRTH q Richard J.Byers,Esq.Clea ° <t`" ,6, o 2007 MAR —6 PM 4: 4 Joseph D.LaGrasse Z. 03? e e ° David R.Webster I- A Associate members 0 Cti,NORTH , Thomas D.Ippolito '� oqq<a»K: .<. M A S S A C i ter '. T f C Richard M. Vaillancourt ,ren Daniel S.Braese,Esq. 4SS^CHUs�K 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-est*ftbed only ate'notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be&emed 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-c"lished only ager notice,and a new hearing Town of North Andover Board of AWats, JA`92-t�/-2&4/Ar: Al t P.Manzi III,Esq. tan en P.McIntyre,Yi airman Richard J.Byers,Esq,Clerk Joseph D.haGrasse David R.Webster Associate Members Thomas D.Ippolito Richard M.Vaillanoout Daniel S.Braese,Esq• Decision 2W-m. M5P57. Page 3 of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townothorthandover.com Town Clerk Time Stamp Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi rff,Esq.Chairman . , i �[ Ellen P.McIntyre,Vice-Chairman 14 NORTy q ' Richard J.Byers,Esq.Clerk r dt0 o ,� ., oo Joseph D.LaGrasse2907JAN 17 PH ¢» David R.Webster AssociateMembers Thomas D.IppolitoAMM— Richard M.Vaillancourt "°+,r.o.Ptg MQ S$,t CHU S- Daniel S.Braese,Esq. 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 20`h of February, 2007 at 7:30 PM to all parties interested in the application of Mr. & Mrs. Albert DeLeo,145 Beverly Street(Map 5,Parcel 57),North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the front setback in order to construct a front portico, and for a Special Permit from Section 9, Paragraphs 9.2 and 9.3.5 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 West side of Beverly Street within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover, MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle-Tribune on January 22&January 29, 2007. Legalnotice 2007-002. M5P57. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Town Clerk Time Sump Town of North Andover SIV E0 - ZONING BOARD OF "PEUERS ''S n-F i� Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre, Vice-Chairman 0.4 VkOR'rFq qa +� JAN ZIA Richard J.Byers,Esq.Clerk Joseph D.LaGrasse o David R.Webster Associate Llembers �� al Thomas D.Ippolito Richard M.Vaillancourt �+► �°+,Too Daniel S.Braese,Esq. ,SSgCHUS�K 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 20'h of February, 2007 at 7:30 PM to all parties interested in the application of Mr. & Mrs. Albert DeLeo, 145 Beverly Street(Map 5,Parcel 57),North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the front setback in order to construct a front portico, and for a Special Permit from Section 9, Paragraphs 9.2 and 9.3.5 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 West side of Beverly Street within the R4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover, MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Maanzi, Iii, Chairman Published in the Eagle-Tribune on January 26&February 2, 2007. Legalnotice 2007-002. M5P57. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 web-www.townofnortbandover.com a' C TOWN OF NORTH ANDOVER SPECIAL PERMIT Cf-IVSD Z ING BOARD OF APPEALS .. ° �,, ur' ►c _r NAME 2 L40 Ys l� 2r� S'dkf', ADDRESS OF APPEAL " TH Sralll gas .r g � swrr1 �4 :` P1i A�,`L fu'V I �Procedure & Requirements for MA A [1,5 . = an Application for a Special Permit Ten(10)copies of the following information must be STEP 8: SCHEDULING OF HEARING AND submitted thirty(3�days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: G Failure to submit the required information within the time The OMce of the Zoning Board of Appeals schedules'tm periods prescribed may result in a dismissal by the applicant for a hewing date and prepares the legal Zonina Board of an application as incomplete. notice for mailing to the parties in interest(abutters)a" The information herein is an abstract of more specific for publication in the newspaper• T�pew is I requirements listed 1p the Zoning Board Rules and ratified that the legal notice has been prepared and Regulations and is not meant to supersede them.�, cost of the Parry in interest fee. m STEP?: DELMRY OF NICE TQ STEP 1: ADMINISTRATOR PERMIT DENIAL: NEVVSPAPER The petitioner applies for a Building Permit and receivers The peke'picks up the legal notice from the Otii a Zoning Bylaw Denial form completed by the the Zoning Board of Appeals and delivers the legal no Building Commissioner. to the kxNd newspaper for publication. STEP 2• SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. Al information as The petitioner should appear in hill w behalf.or be an or attorney. In the absence required in items 1 through and including 11 shat.he represented withdue cause on behalf of the completed: pelf%the Board shad decide on the matter by us m STEP 3• PLAN PREPARATION: the infatuation it has received to date. Petitioner submits all of the required plan information as STEP fir DECISION: cited in Section 10 page 4 of this form. After the hearing,a copy of the Board's decision wiY' sent to all pis in interest. Any appeal of the Boat STEP 4• LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests the Assessors Office to compile renwW I aw ch 40A see 11, (20 cei fifted 1291 of Po ties after thetsrorith the Town STEP 5: SUBMIT APPLICATI : ST 10 RECORDING Petitioner submits one(1)original and 10 Xerox copies ri,; of al the required information to the Town Clerk's Office The petitioner is responsible for recording certfnaa to be certified by the Town Clerk with the time and date the decision, Mylar,and any accompanying plans at Essex County North Registry of Deeds.381 Comm of filing. The original will be left at the Town Clerk's St.,Lawrence NIA,and shall complete ft Certif Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Boardo Zoning Board of Appeals secretary. Appeals and the Budding Department.. ,.. .,: .« .. • Y`•�♦ s x3. . ' h.''$v:nd` .s s. t r, r. ::r.rk. �"�a .. , IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hal 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 North Andover,MA 01845 978-688-9542 fax for all Community Development offices 978-688-9501 Town Clerks Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office 978-688-9568 assessor's Office JAN 16 �vV, D PAGE 1 of 4 BOARD OF APPEALS PAGE 2 OF 4 Dates Time Stamp North ANDOVER ZONING BOARD OF APPEALS application fora SPECIAL PERM Phase canple!�A ftmr 1-10 beWW. 1. Petitioner: *Name, *Address and telephone number: r Y- l r r ( �2/�` fie- 1, Q 1 y S' �e rem! -e -e 2 7p SW 3 *The petifter shah be entered on the tell no&*and ft decwm as entered above. 2. Owners of Land: Name,Address, telephone number and number of years under this ownership: l4 S -eve Ix Vit, G G S PD Yesrs Owned Land: 6T ,. 3. Location of Property. a. street:- r . Zoning District. b. Assessors: Map Number Lot Number. 5 "7 c. Registry of Deeds: Book NumberPage.Number. s` 4. Zoning Bylaw s)under which W petition for the Special Permft is made. L7,2- •'! , '� .� p t `Refer to the Permit Denial w-A Zoning Ordinance Plan Review as s ipoW by the Bung CommWg oner. S. Describe the Special Permit request: ----- vv_rA- W GE,1, .^o f s l..e Igo k �c v-e o 4t,—,V,- -e 1 The above description Mall be used for the purpose of the legal detailed description is notice and decision. Amore p required pursuant to the Zoning Board Rules and Regulations as cited on pag 4. section 9 of this application. Page 3of4 T NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERM] 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Par" Minimum Lot Setback 11 q. Ft. �, Ft. C Feet Front Side 8 Rent •S`I3 72� % 72,SS 1q, % 613. Proposed Lot(s): LM Arae Open Spans ftow t Lot Fronhw Parking Minimum Lot Sdba* % 6C. Required Lot: (m by Zw"ByUm&Table 2)) W Ares Open Space Percent Lot Frontage ftft Minimum lot Sdbo* fig•Ft._ Sq. Ft. cover"e % Sp 30 /51 LS, 7A. Existing Buiiding(s), Ground Floor Number of Total. use of Ntnnber Square fed Floors S4,fed of t1Mt e* W-eriJevthl "ReRerenos uses from#0 Zonbg Bylaws 3 Table 1. "`State number of units in buildktg. 713. Proposed Building(s) Grotxtd Floor Number of Total U"Of Ntanber 4m we f d FttfeM *Re46rence Was trona the Zon kV eyblws&Table 1. "Stile number of units in bull ft. 8. Petitioner and Landowner signature(*): e Every application for a Special Permit shall be made on Oft form, which is the official form of the Zorting Board of Appeals. E% application shall be filled with the Town Clerk's Of lce. it shall be the responsibility of the petitioner to hxnish all suppor documentation with this application. The dated copy of this application recoh ed by the Town Clerk or the Zoning Board of AppE doers not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and t< notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations r; result in a dismissal by the Z99ing Board o this application as incomplete. Signature Type above name(s) here M #j�-j�j PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION •10.IL*Pian Specifications: Q Shm of plan: Ten(10)paper copies of a plan not Application for a Special Permit must be supported by a to exceed 11"x17" preferred scale of 1"=40' legibly written or typed memorandum setting forth in � One(1)War not to exceed 24'x38". detail all facts relied upon. When requesting a Special11) Site plans shall be the result of an instrument Permit from the requirements of MGLA ch.40A,and the HI) North Andover Zoning By-laws,all dimensional surrey certified by a Registered Professional Land requirements shall be dearly identified and factually Surveyor with a block for five(5)ZBA signatures points, are required to be and date indicated on the Mylar.. Other registered supported. All poi pals, such as Registered Architects, addressed with this application. Registered Professional Landscape Architects, 1.The particular use proposed for the land or structure. Registered Professional Civil or Geotechnical 2.The specific site is an appropriate location for such Engineers,etc., may collaborate on the Site Plan. X10 C. 'Feature:To Be Included On Pian: use, structure or condition. b Orientation shall include: Si 3.There will be no nuisance or serious hazard to 1 9 Si point vehicles or pedestrians. ., district s 2. g ( ) 4.Adequate and appropriate facdsies will be provided 3. ��of streets for the proper operation of the proposed use. 4, names s s Betsappliie) 5.The use is in harmony with the purpose and intent of t & ahuttem of property,within 300'radius Zoning Bylaw. & locations of buildings on adjacent properties &Specific reference and response to the criteria within 50'from applicants proposed structure required by the particular Special Permit for which T. deed restrictions,easements. is application is made(i.e.the Earth Removal th ppl U)Legend d►Graphic Aids: Special Permit has unique criteria and submitted 1. posed features in solid lines S outlined in red requirements.). 2. Existing features to be removed in dashed lines 3. Graphic Scales 10. PLAN OF LAND 4. Dans of Plan Each aeration to the Zoning Board of Appeals shall be 5. Titre of Plan accompanied by the following described plan. Plans B. Names addresses and phone numbers of the to the Town owner or record,and designer or must be submitted with this application applicant, Clerk's Office and ZBA secretary at least thirty(30)days surveyor. prior to the public hearing before the Zoning Board of appeals. 10 D. MYar Projects Nhw projects,such sur decks,shed,and garages, A set of building elevation plans by a Registered shall nequire only the plan information as indicated with required an.asterisks : In some cases further information may irad when the appYcatlon ('� Architect may be Involves new consbvctionla conversibe ord andlor a required . -proposed chanew In US - - 10 A. Major Projects A. Notification fees:Applicant shall provide a check Major projects are those which involve one of the or mousy order to:"Town of North Andover-#022-1780- followi whether existing or proposed: 4841'for the cost of first class,certified, return receipt x #of all parties in interest Identified in MGLA ch.40A§11 [)five or more parking spaces, on the abutter's list for the legal notice check. Also, the [I)three(3)or more dwelling units, applicant shall supply first class postage stamps x the# III)2000 square feet of building area. of paw of interest on the abutter's list for the decision Major Projects shall require that in addition to the above g Melling labels:Applicant shall provide fear(4) features, plans must show detailed utilities,sow,and sets of maBng labels no larger than 1"x2-518"(3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. 4-*-"A Speck Pemdt once granted by the ZBA will lapse in 2(two)years if not exercised and a new petition must be seed.E-EFE- MORTH Zoning Bylaw Review Form °:<<";•.'"° Town Of North Andover o: ow Building Department 1600 Osgood Street, Building 20,Suite 2-36 "��•�:�' North Andover MA.01846 Phone 978-088-9545 Fax 978488-9542 Street: 145 Beverly Street Ma /Lot: 5/57 Applicant: Albert DeLso Request: Addition to single family dwelling Date: 1-11-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Item Nous item Notes A Lot Area F Frontage 1 Lot area Insufficient 11 Frontage insufficient 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisti frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed t Insufficient Area 3 Use Preexisting X 2 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 InsufficientInformation C Setback H Budding Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient X 2 Complies X 3 Left Side Insufficient 3 PreexistingHeight 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient l Building Coverage 6 1 Preexisting setbacks X " 1 Cove exceeds maximum 7 Insufficient Information 2 CoverageGomPOW D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed d 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 lnfonttation E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 ParkingCompiles X 3 Insufficient Inforrnation Remedy for the above is checked below. Item e Special Permits Planning Board Item 8 Variance Site Plan Review Speck Permit C-2 Setback Variance Access other than Frontage Specie)Parmit 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 Reuroment special Permit Special Permits Zoning Board Independent:Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Peri Special Permit for 2 Unit R-6 Density Special Permit B-4 Special Permit Pre-existing,Non- Conformin Watershed Special Permit I Supply Additional Information The above review and attached explianatbn of such is based on the pians and information submibd. No definitive review and or advice shall be based on verbal explanations by the applicant nor shell such vertxii mations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any Inacctracfes,molo ding information,Or other aubasquent changes to the information submitted by the applicant shall be grounds for this review to be voWwd at the discretion of the Building Department.The attached document tibd'Plan Review Narrative"stall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above fib.You must fib a new building peri application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent. If Faxed Phone Number/Dete: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Reasons for Denial&Bylaw Reference Form Item Reference C2 A dimensional Variance is required from Section 7.3 and Table 2 of the Zoning Bylaw,"7.3 Yards(Setbacks)-Minimum front,side and rear setbacks shall be as set forth in Table Z except for eaves and uncovered steps....". since the proposed addition,which includes a covered porch,would encroach upon the required 30'front setback. 8..4 A Special Permit from 9.2 and 9.3.5 of the Zoning Bylaw in order to extend a pre- existing,nw-conforming structure on a pre-existing,non-conforming lot. -9.2 Alteration or Extension-A use or structure housing a use. which does not conform to the regulations of this Bylaw but which did conform to all applicable regulations when initially established shall not be changed extended or enlarged except in accordance with the following provisions: 1. Such change shall he approved by a Special Permit or otherwise by the Board of Appeals." and "93 Pre-F ng Non-conforming Single Fandly Residential Structures and Uses in the Residendal 1,Residential Z Residential 3,Residential 4 and Residential 6 Districts: 5.1n the event that the Zoning Enforcement Officer(Building Commissioner) determines that the nonconforming nature of such structure would be increased by the proposed extension,alteration, or change, the Zoning Boars( of Appeals may, by special permit,allow such extensirm,alteration,or change where it determines that the proposed modification will tut be sulis7antially more detrimental than the existing nonconforming onicture to the neighborhood" Referred To: Fire Health Police X Zoning Board of Appeals Conservation Departirent of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDcnial2tXA1 I TO: Town of North Andover FROM: Albert and Maria DeLeo 145 Beverly Street North Andover,Ma. DATE: 1/10/07 To Whom It May Concern: RE:Special Permit Written Documentation,* 1) We are requesting a variance on the front set-back to construct a 4'x8' front portico 2) The location of the proposed front portico centers the front door on the house and greatly enhances the look of the house. 3) The house is located on an existing non-conforming lot. The portico will not affect pedestrians in any way.The house is also located on a straight road and will not affect sight-lines in any way. 4) The project will not affect any facilities in any way. There is no plumbing, electrical, or any other mechanicals included as part of this project. 5) It is our belief that the zoning by-law was created to prevent the creation of a hazardous condition and to make sure the proposed structure is not out of character with the look of the neighborhood.This project would not adversely affect the town or neighborhood in any way. 6) N/A s 4, �ve � � ��^f Ab e µORTH 1 DANIEL LONG F ;, TO`R' N ;LER K NORTH A-%K0OVER ►s ;o': fEB 10 12 54 PM T 'SS1CHU TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 10 , 1982 Phyllis V . Jackston 41 Twelfth Street Salisbury , Mass . Premises Affected : 145 Beverly Street Petition No . 5 '82 Mr . Daniel Long , Town Clerk ' Town Office Building North Andover , Mass . 01845 Dear Mr. Long : The Board of Appeals held a public hearing on Monday evening, February 8 , 1982 upon the application of Phyllis V . Jackston . The hearing was advertised in the North Andover Citizen on January 21 and 28 , 1982 and all abutters were notified by recaul ar mai 1 . The following members were present and voting : Frank Serio , Jr.. , -Chairman ;. Alfred E. Frizelle , Esq . , Vice- Chairman ; Richard J . Trepani er , ,'Esq , , ;Clerk ; Augustine W. Nickerson ; and Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7 . 3 and Table 2 of the Zoning By Law to allow the con- tinued use of a single family dwelling with less than the required front and side set backs on the premises located at 145 Beverly. St. The petitioner testified , through counsel , that the dwelling was constructed in 1958. In 1959 , area and frontane variances-were granted , but the set backs were never addressed. The violations were recently discovered through the conveyance- of the property . Upon a motion made by Mr. Fri zel l e and secondedby Mr . Nickerson , the Board voted unanimously to grant the variance as requested . PtL u'S�r�� Phyllis V . Jackston Petition No . 5 - 182 Pebruayr 10 , 1982. FES I0 12 54 P1�'82 The Board finds that each of the provisions of Section 10 . 4 of the Zoning By law have been satisfied . In particular , the Board finds that due to the location of the structure on the premises for many years with a deviation from the existing requirements , constitutes a hardship within the definition of the Zoning By Law. Said variance , in the opinion of the. Board , will not derogate from the intent and purpose of the Zoning By Law. Sincerely , BOARD OF APPEALS Frank Serio , Jr . , Chairman Jw ,e>' Q- — ) °f• ''� Any appeal shall be filed p rI d ti v?� �pR�1T fp;�'GO � DAPI EL LO'XG within (20) days after the TO' P, il1; .,sgs,185gx date of filing of this Notice NORTPi ,;:.'OVER ►,saC;3 , in the Office of the Town FEB 54 FM TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date February. 1U , 19$2 Petition No.. . .7 -1.8 2. . . . . . . . . . . Date of Hearing. . e b,r P.a.rY; .l3, l 9$2 I Petition of . . . . . . . . .P H Y.L L I.S V... J A C K.S T O,N Premises affected . . .14 5 .B e,V e r,l.y. :S t r,e o t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the Z.9 9J.n g. B y. L a w, Section 7 . . .Paraor.aph. .7. . . a.nd. .Tab.1.e. .? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the. .cQ.nti.nue.d . e.xi s.ten.ce. .of. .a . s.i.ng.l.e. fami.ly, .dw.ell.i.ng. .ha.vi ng less than the required. side . a,nd, .fro.nt. ,set. backs After a public hearing given on the above date,the Board of Appeals voted to . .0 RA ZI T the v a.r i a.n c e. . . . . . . . . . . . . . . . . . . . . . . . . . . it a"*W"waxl(Miag X14"m m uww AX MiUtX M. . . . . . . . . . . . . . . . : . . . . . . . . . . : . . . i?o ff� df 6t dti6 Xdf�tDiel 3t�(dt� MR UWxobox XIX�t�bId�tX��k� ��t�C Signed F.r�PA . Serio ,. :Jr,.,. . C:hai.rman . . . Al. red:`:E , : Frizel.l.e,,. .Es.q Chairman RJr,har0. . .. .Tr.e.R?n:ie.r. , , i=sq...� . .C.lerk A.ugvs.tine. 4 . .Ni c.kers.Qn. . . . . . . . . . Wal ter. .F,. .$ou.l.e. . . . . . . . . . . . . . . . . . . Board of Appeals Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 states in part'Parties in Interest asused in blas chapter strap mean the pettioner, abutters,owners of land directly oppositeon any public or private wap,and abutters to abuers 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 arty such owner is located in another dry oritwal,the.pla Wnp board of the pry or town,and the planopng board of every abutting city or town.' Sublect Property: MAP PARCEL Name Address 5 57 Albert Deleo 145 Beverly Street North Andover,MA 01845 Abutters Properties MaD Parcel Name Address 5 21 Miguel Ezpeleta 2 Petty Street North Andover,MA 01845 5 22 Andrew Graham 6 Perry Street North Andover,MA 01845 5 23 David Swarbirck 14 Petty Street North Andover,MA 01845 5 33 Bau Nguyen 327 Middlesex Street North Andover,MA 01845 5 34 Charles Venuto 36 Tower Hill Road North Reading,MA 01864 5 35 Donald Farrow 317 Middlesex Street North Andover,MA 01845 5 36 Dana Tannatt 127 Beverly Street North Andover,MA 01845 5 37 Richard Hannay 308 Middlesex Street North Andover,MA 01845 5 38 John Asaro 316 Middlesex Street North Andover,MA 01845 5 39 David Scanlon 322 Middlesex Street North Andover,MA 01845 5 40 Nancy Cochrane 139 Beverly Street North Andover,MA 01845 5 41 Lynne Letendre 10 Robinson Court North Andover,MA 01845 5 42 James Heckman 14 Robinson Court North Andover,MA 01845 5 43 Gerardo Sanchez 328 Middlesex StreetNorth Andover,MA 01845 5 44 Allan Marques 7 Rhoda Street Tewksbury,MA 01876 5 46 Claude Turgeon 11 Robinson Court North Andover,MA 01845 6 1 Lisa Berberian 149 Beverly Street North Andover,MA 01845 6 2 Gina Marie Talford 20 Robinson Court North Andover,MA 01845 6 6 Paul Rollins 19 Robinson Court North Andover,MA 01845 6 8 Catherine O'Sullivan 116 Massachusetts Avenue North Andover,MA 01845 6 9 Town of North Andover 120 Main Street North Andover,MA 01845 9 49 Robert Spezzafero 35 Manfield Street Somerville,MA 02143 9 51 Robyn Pickard 297 Middlesex Street North Andover,MA 01845 9 65 Frank Hilton 20 Haverhill Street Seabrook,NH 03874 9 66 Joan Miller 61 Harold Street North Andover,MA 01845 9 67 Vivian Aziz 67 Harold Street North Andover,MA 01845 9 68 M&V Realty Trust 67 Harold Street North Andover,MA 01845 9 69 Leo Lynch 300 Middlesex Street North Andover,MA 01845 9 70 Timothy Melvin 296 Middlesex Street Nath Andover,MA 01845 9 73 Lori Hayes Donnelly 299 Middlesex Street North Andover,MA 01845 9 79 Todd Dow 288 Middlesex Street North Andover,MA 01845 10 6 Paul Lafond 56 Harold Street North Andover,MA 01845 10 7 William Bartol 64 Harold Street North Andover,MA 01845 10 8 James Wafers 70 Harold Street North Andover,MA 01845 10 9 William McKenna 72 Harold Street North Andover,MA 01845 10 11 John Marsh 162 Beverly Street North Andover,MA 01845 10 14 R.P.Tine 55 Dana Street North Andover,MA 01845 10 15 Peter Kalafarski 45 Dana Street North Andover,MA 01845 Date 12/7/2006 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certified by, Date •2 2 v6 0 sum � � Kir IN !,-01 lit' �c gig _-.. lit ItOW"VWAM - lift .r. 4100, 1 1 1 t---I Ti Fri - � ts4l t•Z►� 9P4' "'',:iia V,�s. L,L.� _ t•2,�lcP�, L7 -Mew- -A Y' No -ADOIT k G ED TOWN OF NORTH ANDOVER ZONINjp BOARD OF APPEALS � NAME: 1/ f.5' r/ .00RESS OF APPEAL: @( 3 ' ��- 7 T'[" i row„ Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6: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 The Office of the Zoning Board of Appeals schedules 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)a The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and thO Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items SIR 7. DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Offrc STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal: The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 6: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2• VARIANCE APPU-CA71ON FORM: The petitioner should appear in hisgw behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. in the absence 3oard of Appeals for a Variance. Ali 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. 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 t cited in page 4, section 10 of this form. sent to all Parties in lnteresL Any appeal of the Boars decision may be made pursuant to Massachusetts -STEP 4. OBTAIN LIST OF PARTIES iN INTEREST• General Law ch. 40A§ 17,within twenty(20)days att rhe 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 PLAID STEP 5: 3UBMIT APPLICATION: The petitioner is responsive for recording certification ._. ?etitioner submits one(1)original and ten (10)Xerox the decision, the Mylar, and any accompanying plars i% rwies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 1-81 office to be certified by the Town Clerk with the time common St., Lawrence MA, and shall complete the �.r;d .1ate of filing, The original will be left at the To wn Certification of Recording form and forward .t to 4,11 ;lark's Office, and the 10 Xerox copies will be left.with Zoning Boats of Appeals and to the Building ex Zoning 3oard of Appeals secretary. `yepartment. ':1PC PIT�N7' ?HONE NUMBERS: 3--3 33 �ffi+ae �f rorrmuraity rev. -:3.a,,,i,3es forth.�rmdov¢r T_.nrn Hall .'?00 Csgocd 'tenet, '120 Alain Street "!Orth Aado` er, 'SAA 01845 )7"M9501 T wn 0,,leaic's-:,i rice �w z y > p ,�F, 378-sad&9588 k-Osessoes O:flee f I". :4r Corrmaanit �P� �Ir, :rent•�_"#' g-1,54ding Cepartment _ q 7,..'t �%f 'ppeals ca , JAN1 1 k cuw r ?AGE 14.1 BOARD OF APPEALS PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all items 1 -10 below: 1. Pe_tifi'oner: *N , *Address nd elephone nur;,er: � y� ?-f b e+^ IJ e q?r *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Nam, Address, telephone number, and number of years under this ownership: n tee- 'I Years Owned Land: g y�•-, , 3. Location of Property: a. Street: S 13-e V e r � Zoning District: t r b. Assessors: Ma number: S' Lot Number: S' Map ? c. Registry of Deeds: Book Number: 7 t/ Page Number. 4. Zomn� Bylaw Section(s)* nder hi h the petition for the Variance is made. C�o o '� a e 7- '.Z Q -7 ke .A 6 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. S. Describe the Variance request: /1 ' ran4- �2�- ACK' �i`d,� 17.�dj"P 7 r8✓i �dr�a��d The above desalpdai shall be used for the purpose of tiN legal notice and decision. A more detailed description is required pursue to the Zoning Board Rules and Regulations as cited on pegs 4,section 9 of tMs application.Failure by the applicant to describe the request clearly may result in a decision flat does not address the intent of dw applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. J 6 A. Difference from Zoning Bylaw requirements: lnditsibe the dhnension(s)that will not most current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear S. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 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 ( 1i1 1,7 2,S' �:� lY, •822 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 l/I 6D. 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 30 l S' 30 7A. Existing 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). 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 Wlding(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 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. i nature: Type above name(s) here: G o" -beAd PACE 4 GF 4 VARIANCE 3. VIRITTEN 00CU MENTATiON `.0. 3. `Plan l pecifications: Application for a Variance must be supported by a 1) Size of plan: Ten(10)paper copies of a pian not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' retail all facts relied upon. When requesting a Variance to One(1),Mylar,with one block for Registry Use ;nom the requirements of NIGLA ch.-10A,Sec. 10.4 .and Only, and one block for five(5) ZBA signatures S date, `he North Andover Zoning By-laws, all dimensional Ell) Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually 3 Registered Professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans by a Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required far Major Projects. A. The particular Use proposed for the land or `10 C. *Requited Features On Plan: , ' structure. 1) Site Orientation shall include: i B. The circumstances relating to soil conditions,shape 1. north point or topography of such land or stnx;tures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. ;Neff(if applicable) district in which the property is located. S. abutters of property,within 300`radius C. Fads which make up the substantial hardship, 5. bcations of buildings on adjacent properties financial or otherwise,which results from literal wither 50'from applicants proposed structure tune anfoccement of the applicable zoning restrictions 7. deed restrictions,easements. with respect to the land or building for which the In Legend&Graphic Aids shall include: � variance is sought. 1. Proposed features in solid lines b outlined in red D. Fads relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable 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 8. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant, owner or record, and land surveyor. of the Ordinance. 7. Logs F. Submlt RDA from Conservation Commission when 10 D.Nkm Projects Continuous Buildable Area is applied for in ZBA '+Amar projects,such as docks;,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 ye required. Each application to the Zoning Board of Appeals shad be accompanied by the following described pian. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a ,Jerk'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 x-1780.4841"for the cost of first class, certified, appeals. -etum receipt k$4.64 as of-January 2008)x 1f of all Parties in Werest?dentified in UCLA 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 requiredwhen the application applicant shall supply first class postage:stamps nvotves new constructionlconversion/and/or a ',currently 39Q x the#of parties of interest on the hrnposed change in use. :bu tefs list for the decision mailing. B. .ailing labels:Applicant shad provide four 4) 9. A. Major Projects rets of mailirn labels no larger than 1"x2-5/8"(3 oopies ':!ajor projects are those,whien involve one of the 'or the Legal,and one copy for the Decision mailing). 0�:Ncwing:rohether�xistinq or prcpcsed: !1.C. .,cplicant shall provide a ;heck air money Lacer i) five 5)or more parking races. ;:o: 'T.wn of North Andover' oer 2005 Revised Fee 1)three 1'3) or more dwelling units, 3(:hedule. 11)2.G00 Square feet of building rel. A Variance.dace jr.-inted I)y 4 e '-*3A•::JII 1=apse -n -for ,ts;hail :iquire, that;n idditicri to*he VS:1i t 'once)yesr if not?xercised and a Aiew petition moist �C (?.Vures, :`.hat�.I a;Mans sl�cw retailed�_;t'sties. :x l!s, '8,ubmitted. t :,,'A 4:pc9r phic A-forrr:tfon. M°a,h Zoning Bylaw Review Form :� ^":••'." Town Of North Andover Building Department 1600 Osgood Street, Building 20,Suite 2-36 ;••�•�' North Andover, MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: 145 Beverly Street Ma /Lot: 5157 Applicant: Albert DeLeo Request: Addition to single family dwelling Date: 1-11-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Com lies 3 Lot Area Complies 3 Preexisti frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed f Insufficient Area 3 Use Preexisting X 2 Complies 4 Special Permit Required X_ 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Heigh r61 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient X 2 Compiles X 3 Left Side Insufficient 3 PreexistingHeight 4 Right Side Insufficient 4 Insufficient information 5 Rear Insufficient I Building'Coverage Preexisting setbacks X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed J Sign 3 Lot prior to 10/24/94 1 Sin not allowed 4 1 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 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit C-2 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 Special 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 2w Unit R-6 Density Special Permit g-4 Special Permit Pre-existing,Non- Conformin Watershed Special Permit I Supply Additional Information The above review and attached explanation of such is based on the plana and Inform llon submitted. No definitive review and or advice shall be based on verbs explanetiorhs by the applicant nor eleN such verbal eeplanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,MWD@ i V Information,or other subaequaM changes to the information submitted by the applicant stall be grounds for this review to be voided at the discretion of the Building Department.The a<actied document riled Tlan Review Nertelive Kali be attached hereto and incorporated herein by reference. The building department will retain all plana and documentation for the above flit.You must file a new building permit application form and begin the permitting process. h, J /// Gf / ,e" Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Reasons for Denial&Bylaw Reference Form Item Reference C2 A dimensional Variance is required from Section 7.3 and Table 2 of the Zoning Bylaw,"7.3 Yards(Setbacks)-Minimum front.side and rear setbacks shall be asset forth in Table 2.except.for eaves and uncovered steps..:. .since the proposed addition,which includes a covered porch,would encroach upon the required 30'front setback. B-4 A Special Permit from 9.2 and 9.3.5 of the Zoning Bylaw in order to extend a pre- existing,nor-conforming structure on a pre-existing,non-conforming lot. -9.2 Alteration or F-Wension-A use or structure housing a use. which does not conform to the regulations of this Bylaw but which did conform to all applicable regulations when initially established shall not be changed,extended or enlarged except in accordance ce with the following provisions: 1. Such change shall be approved by a Special Permit or otherwise by lite Board of Appeals." and 9.3 Pre-Existing Non-confmvniNg Single FaNily Rmidential Structures and Uses in Me ReWential 1,Residentud 2,Resi kndel 3,Resukndd 4 and Residential 6 Districts: S.In the event that the Zoning F,nforcement Officer(Building Commissioner) determines that the nonconforming nature of such structure would be increased by the proposed extension,alteration,or change, the Zoning Board of Appeals may,by special permit,allow such extension,alteration,or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the mei hborhood" Referred To: Fire Health Police X ning Board of A44mals Conservation Department of Public Worcs Planning Historical Commission Other BUILDING DEPT ZoningBylawDenialNWO TO: Town of North Andover FROM: Albert and Maria DeLea 145 Beverly Street North Andover,Ma. DATE: 1/10/07 Subject: Dimensional variance from Section 7.3 and table 2 of the zoning bylaw for a front portico. A. This will be an open air front portico to keep the weather of the homeowners as they enter their front door. It will also add to the look of the house. B. There will be no impact to soil conditions or affect to the topography. C. The(non-conforming)foundation of the house already exists.The new front stairs with the portico constructed on top adds to the interior use of the home and centers the front door on the existing hour. D. This portico will add to the look of the home and the neighborhood.The neighborhood has many non-conforming lots and homes.This addition will not be inconsistent with the neighborhood in any way. E. This improvement to the home will not adversely affect any of the abutters or impact sight lines on the street. Due to the layout of the existing neighborhood, this portico appears to conform to the intent of the zoning bylaw. F. N/A Abutter to Abutter( ) Building Dept. ( ) Conservation( ) Zoning REQUIREMENT: MGL 40A,Section t 7 states in part Rallies 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 abulterswithin 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 arty such owner is located in another city or town,the planning board of the city or town.and the planning board ofevery abuttbq city or town.' Subiect Property: MAP PARCEL Name Address 5 57 Albert Deleo 145 Beverly Street North Andover,MA 01845 Abutters Properties Maa Parcel Name Address 5 21 Miguel Ezpeleta 2 Perry Street North Andover,MA 01845 5 22 Andrew Graham 6 Perry Street North Andover,MA 01845 5 23 David Swarbirck 14 Perry Street North Andover,MA 01845 5 33 Bau Nguyen 327 Middlesex Street North Andover,MA 01845 5 34 Charles Venuto 36 Tower Hill Road North Reading,MA 01864 5 35 Donald Farrow 317 Middlesex Street North Andover,MA 01845 5 36 Dana Tannatt 127 Beverly Street North Andover,MA 01845 5 37 Richard Hannay 308 Middlesex Street North Andover,MA 01845 5 38 John Asaro 316 Middlesex Street North Andover,MA 01845 5 39 David Scanlon 322 Middlesex Street North Andover,MA 01845 5 40 Nancy Cochrane 139 Beverly Street North Andover,MA 01845 5 41 Lynne Letendre 10 Robinson Court North Andover,MA 01845 5 42 James Heckman 14 Robinson Court North Andover,MA 01845 5 43 Gerardo Sanchez 328 Middlesex Street North Andover,MA 01845 5 44 Allan Marques 7 Rhoda Street Tewksbury,MA 01876 5 46 Claude Turgeon 11 Robinson Court North Andover,MA 01845 6 1 Lisa Barbarian 149 Beverly Street North Andover,MA 01845 6 2 Gina Marie Talford 20 Robinson Court North Andover,MA 01845 6 6 Paul Rollins 19 Robinson Court North Andover,MA 01845 6 8 Catherine O'Sullivan 116 Massachusetts Avenue Nardi Andover,MA 01845 6 9 Town of North Andover 120 Main Street North Andover,MA 01845 9 49 Robert Spezzafero 35 Manfieki Street Somerville,MA 02143 9 51 Robyn Pickard 297 Middlesex Street North Andover,MA 01845 9 65 Frank Hilton 20 Haverhill Sheet Seabrook,NH 03874 9 66 Joan Miller 61 Harold Street North Andover,MA 01845 9 67 Vivian Aziz 67 Harold Street North Andover,MA 01845 9 68 M&V Realty Trust 67 Harold Street North Andover,MA 01845 9 69 Leo Lynch 300 Middlesex Street North Andover,MA 01845 9 70 Timothy Melvin 296 Middlesex Street North Andover,MA 01845 9 73 Lori Hayes Donnelly 299 Middlesex Street North Andover,MA 01845 9 79 Todd Dow 288 Middlesex Street North Andover,MA 01845 10 6 Paul Lafond 56 Harold Street North Andover,MA 01845 10 7 William Bartol 64 Harold Street North Andover,MA 01845 10 8 James Wafers 70 Harold Street North Andover,MA 01845 10 9 William McKenna 72 Harold Street North Andover,MA 01845 10 11 John Marsh 162 Beverly Street North Andover,MA 01845 10 14 R.P.Tine 55 Dana Street North Andover,MA 01845 10 15 Peter Kalafarski 45 Dana Street North Andover,MA 01845' Date 2/7!2006 Page t of 1 This certifies that the names appearing on the records of the Assessors Office as of Certified by, Date yrr�•-.�rr�...�xvi:x moi:- rn. .,-...�•n.. ....r .v,. .�.•. ,-r+,v-,-..v '--.,..,... �� wi�iq�M/r�w{�� Ilfi � I�IfMMYMIIR� 1M�C�# Ads , go IBM All III ars .....�...,. _ �••,�•� ��+ i 'ice __ , � :o.,ra.w.... � j A10 • ' f fi ? 11I SII II �4 til ■ �{ �' oils ut f; r -- i i I ; "�- :Y 7T �T TffT 4 IL i Oft fir - TT - .. t - w DIMENSIONAL SUMMARY ZONING DISTRICT: R4 REQUIRED EXISTING MINIMUM LOT AREA 12,500 S.F. 10,513 S.F. MINIMUM LOT FRONTAGE 100 FT. 72.50 FT. MINIMUM LOT WIDTH 100 FT. 72.50 FT. MINIMUM FRONT YARD SETBACK 30 FT. 16.6 FT TO PORTICO MINIMUM SIDE YARD SETBACK 15 FT. 13.3 FT/1 4.6 FT MINIMUM REAR YARD SETBACK 30 FT. 82.2 FT BUILDING HEIGHT 35 FT. 24 FT N/F N/F GINA TALFORD JAMES HECKMAN FOR REGISTRY USE 72.50' - NOTES 1 . ZONE IS R4 DISTRICT LOT 57 2. PROPERTY LINES SHOWN FROM RECORD. AREA=10,513 S.F. 3. DEED OF PROPERTY RECORDED =0.24 AC. IN BK. #4764, PG. #245 E.N.D.R.D. 4. SUBJECT PROPERTY IS SHOWN ON NORTH ANDOVER N � ASSESSORS MAP #5, LOT #57 00 N ABOVE 1 ROUTE 495 GROUND POOL N J� D L1.j GAJ SITE z w o - z w L�' APPROVED BY THE TOWN OF NORTH }- 00 O O x ANDOVER ZONING BOARD OF APPEALS QG' SF�tilyLLJ z < 't w i O 146' DECK v X 1 N LTJ BEVERLY STREET x f',. m 0 � v o — w of w cwn W DATE O �' 13.4' —� Of Or- o U-1 0 Q = °° 0 z g o MARBLEHEAD STREET 1 STORY WOOD FRAME DATE OF APPLICATION DATE LOCUS 14.8' 13.3' DATE OF HEARING DATE DATE OF DECISION N.T.S. i0 DATE N ON .� .. O N (O N f 165.5' TO MIDDLESEX STREET —•- 72.50' PROPOSED PLAN OF LAND 1 PORTICO I IN o BEVERLY cTREET o NORTH A ' MASS . o� (PUBLIC-40' NIDE) o "I HEREBY CERTIFY THAT THE PROPERTY LINES PREPARED FOR OWNER/APPLICANT SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF THE 2 00' ALBERT L. D E LE 0 J R . STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC 145 BEVERLY STREET OR PRIVATE STREETS OR WAYS ALREADYFND. H p S.B.D.H. NORTH ANDOVER MASSACHUSETTS 01845 a ESTABLISHED, AND THAT NO NEW LINES FOR _.! tLj FND. TEL (978) 720-2515 DIVISION OF EXISTING OWNERSHIP OR FOR NEW 0 LLJ WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE Q DATE: DECEMBER 14, 2006 RULES AND REGULATIONS OF THE REGISTRY OF DEEDS." z �w of � SCALE:ALE: 1"_ 2 0 a 0 10 20 40 60 ft awe ` 12/14/06 6ERRI ATE ENGINEERING SERVICES PARa STEPHEN E. I, R.L.S. DATE ANDOVER, MASSACHUSETTS 01810 r TEL: (978) 475-3555 DIMENSIONAL SUMMARY ZONING DISTRICT: R4 REQUIRED EXISTING MINIMUM LOT AREA 12,500 S.F. 10,513 S.F. MINIMUM LOT FRONTAGE 100 FT. 72.50 FT. MINIMUM LOT WIDTH 100 FT. 72.50 FT. MINIMUM FRONT YARD SETBACK 30 FT. 16.6 FT TO PORTICO MINIMUM SIDE YARD SETBACK 15 FT. 13.3 FT 14.6 FT MINIMUM REAR YARD SETBACK 30 FT. 82.2 FT BUILDING HEIGHT 35 FT. 24 FT N/F N/F GINA TALFORD JAMES HECKMAN FOR REGISTRY USE 72.50 NOTES 1 . ZONE IS R4 DISTRICT � �7 2. PROPERTY LINES SHOWN FROM RECORD. AREA=10,513 S.F. =0.24 AC. 3. DEED OF PROPERTY RECORDED IN BK. #4764, PG. #245 E.N.D.R.D. 4. SUBJECT PROPERTY IS SHOWN ON NORTH ANDOVER .,` N ASSESSORS MAP #5, LOT #57 00 ABOVE ROUTE Ogg GROUND POOL Q Z :D � � J SITE Z W - z a APPROVED BY THE TOWN OF NORTH 0 ui m o o Of ,' < ui cv y. o _ ANDOVER ZONING BOARD OF APPEALS J Z a to W 14.6' oE��: � � � X BEVERLY STREET x V) L�) Lw o w (n J c1_1 > J z Lij DATE v, 13.4' m Q a o MARBLEHEAD STREET 1 STORY 2 WOOD FRAME DATE OF APPLICATION 14.8' DATE LOCUS 13'3' DATE OF HEARING DATE N.T.S. N DATE OF DECISION N o ca o N DATE �p N �. 165.5' TO MIDDLESEX 72.50' STREET —i•- -.. PORTICO PLAN O LAND I IN BEVERLY STREET ho o (PUBLIC-4p' WIpE) oo' NORTH ANDOVE � MASS . "I HEREBY CERTIFY THAT THE PROPERTY LINES , SHOWN ON THIS PLAN ARE THE LINES DIVIDING PREPARED FOR OWNER/APPLICANTI EXISTING OWNERSHIPS, AND THE LINES OF THE 2.00' I ALB STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC ERT D E L E 0 J R . OR PRIVATE STREETS OR WAYS ALREADY S.B.D.H. 145 BEVERLY STREET ESTABL1SHEf?, FND. S.B.D.H. NORTH ANDOVER MASSACHUSETTS 01845 N AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW FND. O W TEL (978) 720-2515 WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE Of X RULES AND REGULATIONS OF THE REGISTRY OF DEEDS." DATE: DECEMBER, 14, 2006 Mv ' OF f-.�„ a M 0 Ah4q SCALE: 1"=20' 0 10 20 40 60 12/14/06 MERRIMACK ENGINE � ERING SERVICES STEPHEN E 66 PARK STREET ANDOVER, MASSACHUSETTS 01810 TEL. (978) 475-3555