HomeMy WebLinkAboutMiscellaneous - 338 BERRY STREET Town of North Andover t NOR*►+ ,
Office of the Zoning Board of Appeals F:°'°���
Community Development
Charles Street Services Division
2 ha les Street
North Andover,Massachusetts 01845 '8swc
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner Fax(978)688-9542
C_
C' r...
Any appeal shall be filedNotice of Decision r-n o`
within(20)days after the Year 2003
rn
date of filing of this notice F3
in the office of the Town Clerk. E2g=at: 338 Street- --
NAME: Sonja&Gerard Murphy HEARING(S): Jane 10,2003
ADDRESS: 338 Berry Street PETITION: 2003-019
North Andover,MA 01845 TYPING DATE: 6-19-03
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,June 10,
2003,at 7:30 PM upon the application of Sonja&Gerard Murphy,338 Berry Street,North Andover,
requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for the front setback of a pre-
existing dwelling;and a Special Permit from Section 9,Paragraph 9.2 in order to construct a proposed
addition on a pre-existing non-conforming dwelling on a pre-existing,non-conforming lot. The said
premise affected is property with frontage on the South side of Berry Street within the R-2 zoning district.
The following members were present: William J. Sullivan,Walter F. Soule,Ellen P.McIntyre,George M.
Earley,and Joseph D.LaGrasse.
Upon a motion by George M.Earley and 2nd by Joseph D.LaGrasse,the Board voted to GRANT a
dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of 28.5'from the front setback of a pre-
existing dwelling in order to construct a proposed addition according to Plan of Land in North Andover,
MA,to accompany Special Permit&Variance application of Sonja&Gerard Murphy,338 Berry Street,
North Andover,MA,prepared by John M.Abagis,P.L.S.#35773,John M.Abagis&Associates,
Professional Land Surveyors, 131 Park Street,North Reading,MA.And Expansion for Sonja&Gerard
Murphy,338 Berry Street,North Andover,Massachusetts by Jane E.Griswold,Registered Architect
#5431,133-10 Colonial Drive,Andover,Mass.01810 Sheets 1-6,dated May 2003. Voting in favor:
William J. Sullivan,Walter F Soule,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse.
The Board Finds that the applicant does not need a Special Permit from Section 9,Paragraph 9.2 and 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.
Page 1 of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Plaming 978-688-9535
Town of North Andover °f NORT►�
Office of the Zoning Board of Appeals �: •`�"��� °°A
` Community Development and Services Division +sr •
27 Charles Street ��►�a no ter *
North Andover,Massachusetts 01845 ssACMUSE
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner Fax(978)688-9542
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,
ILI
William I Sulli an,Chairman
tecision 2003-019.
Page 2 of 2
�II
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
M10 K PHI S �y
TOWN OF NORTH ANDOVER SPECIALPERMIT Is
T.
ZONING BOARD OF APPEALS "2 c
PROCEDURE
and REQUIREMENTS STEP 6:SCHEDULING OF HEARING AND
for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE:
j The Office of the Zoning Boars!of Appeals schedules
a SPECIAL PERMIT the applicant for a hearing date and prepares the legal
Ten (10) copies of the following information must notice for mailing to the parties in interest(abutters) and
for publication in the newspaper: The petitioner is
be submitted thirty (30) days not later than noon notified that the legal notice has been prepared and the
prior to the first public hearing. Failure to submit cost of the Party in Interest fee.
the required information within the time periods
prescribed may result in a dismissal by the Zoning STEP 7:DELIVERY OF LEGAL NOTICE TO
Board of an application as incomplete. NEVYSPAPER/PARTY IN INTEREST FEE:
The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office
requirements listed in the Zoning Board:Rules and of the Zoning Board of Appeals and delivers the legal
Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication.
are underlined will be completed by the Town.
STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: ;PUBLIC HEARING BEFORE THE ZONING
The petitioner applies for a Building Permit and BOAR[}OF APPEALS:
receivers a Permit Denial rm completed by the The petitioner should appear in his/her behalf, or be
Building Commissioner. represented by an agent or attorney.,In the absence of
any appearance without due cause on behalf of the
STEP Z: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shelf decide on the matter by using
Petitioner completes an application form to petition the the information it has otherwise received.
Board of Appeals for a Special Permit. All information
as required in it s 1 through and including 11 shall STEP 9: DEGISION:
h Is
completed. Attu the hearing,a car of the Board's decision will be
sem to all parties;in interest. Any appeal of the Board's
Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts
Petitioner submits all of the required pian information as General Laws ch'40A sec' 17,within twenty(20)days
cited in item 10 page 4 of this form.V after the decsion is RW with the Town Cleric_
Step to: RECORDINGCERTIFICATE OF DECISION
STEP 4: SUBMIT APPLICATION: PLANS.
Petitioner submits one (1) original mall the required The petitioner is responsible for recording certification of
information and 10 xerox codes to W7 the decision and any accompanying plans at the Essex
The original will be stamped Wife anrr Cleric
certifying the time and date of filing. The<remaining ten County North Registry of Deeds,Lawrence
copies will remain at the office of the Zoning Board of Massachusetts, and shalt complete the Certification o€
Appeals secretary. Recording form and forward-it to the Zoning Board of
Appeals and the Building Department Office.
STEP 5: LIST OF PARTIES IN INTEREST:
Cance the petitioner submits all of the required
information, the petitioner requests from#eAssessors
i Office a certified list of Parties in Interest(abutters).7
rTJ
Ul
ED r-
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IMPORTANT PHONE NUMBERS: 2
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office 3b MAY 7 2003 J
J�A BOAR® 0F APPEALS
PAGE 2 OF 4 Date&Time
Stamp
Applicationfor a SP DIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS
IN 11 ffl 111
1. Petitioner: Name, address and telephone number:
Ca.e ro not ,fir —SS's- -
P2�'
*The petitioner shall be entered on the legal mice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
5 —t
- 5 51- 02-51 Years Owned Land: S V rchp
j I
13. Location of Property:
a. Street: Bt �tY�eZ District r
h. Assessors. cumber t
i ' ! og c Lot Number iS
c. Registry of Dads: Book;Number ,M5L� Page Number:
CI. By-Law Sections under which the per for the Special Permit is nude.
- )'
I
j defer to tare Permit Derma/and Zoning Bye-Law Plan Review as supplied by the Building CornmisSNN er.
i
.
Describe Wo SpecW Pww*
i
he abcrver deSOVbm AM be used br the purpose of the legal notice and decision. A more detailed desmprtion is
quired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.
Page 3 of 4
Application for a SPECIAL PERMIT
NORTH ANDOVER ZONING BOARD OF APPEALS
6.a Existing Lot: IaP- r`
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot sot_Back
'
F Sq. Ft. Coverage Feet Spaces Front �S;ideA Side B Rear
b. Proposed Lot(S):
Lot Area Open Space Percent Lot Frontage Parking, '�` Minimum Lot set Back"
Sq. Ft. Sq. Ft. Coverage Feet Spaces- Front Side Side B Rear
% J
c. Required Lot: (As required by Zoning By-Law)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back"
Sq- Ft. Sq. Ft Coverage Feet Spaces< Front Side A Side B Rear
7. a. Existing Buildings:
'P Ground Floor. Number of Total Use of Number
Square feet Floors Sq.feet Building* of Units
217 —1
*Reference Use Code numbers and Uses from the ZoninI 4-aw. Stke number of units in buikkng.
B. Proposed Buildings:
tt .
Ground Floor Number of Total Use of Number. . � �'Yt,P�N_ae 5,-
Square feet Floors Sq.feet Bui Af �
ldimJ of Units
_ la
WIWI
Reference Use Code numbers and Uses from the Zoning OrdironaW State number of unft in q dd ✓l2f
f
8. Petitioner
and Landowner signature(s)= c>(- 3W 5.4-a-,M4 659
Every application for a Special Permit shall be made on this form which is theofficio!form of the Zoning Board of 6`
` Appeals. Every application shall be filed with the Town Clerk's Office. ft shalt be the responsibility of the petitioner to Ta
furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk i1ti
or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be —951
responsible for all expenses for filing and legal notification. Fail o comply with application requirements, as cited
herein and in the Zoning Board Rules and Regulations may result a disco' t by the Zoning Board of this application D
{ as incomplete. _
Signature
2� 4 03
Type above names here S T My }[ yyi-A
i
_l
PAGE 4 OF 4 Appticaion for a S P EC IAL PERMIT
a m
' WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN:
detail all facts relied upon. This is required in the case gdite Edon shall include:
of a Special Permit when the following points, based onNorth point
MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law v42. zoning district(s)— a.
and P 9.2 Special Permit Granting Authority shall be clearly
identified and factually supported: Addressing each of the a- names of streets
below points individually is required with this 4• wetlands to be shown on plan_(if applicable)
application. (5 abutters of.property,within�oot radius
A- 6. location of bul�dings on adjacent properties within
1. The particular use proposed for the land or structure. 50'from applicants proposed structure
�� deed restrictions,easements
2. The specific site is an appropriate location for such _ Legend&Graphic Aids:
use, structure or condition.
3. There will be no nuisance or serious hazard to Proposed features in solid lines&outlined i
vehicles or pedestrians. Existing features to be removed in dashed lin .
les
4. Adequate and appropriate facilities will be provided for Date of Paphic la
the proper operation of the proposed use. ✓t-
5. The use is in harmony with the � ��°f Pim.
y purpose and intent of 6. Names Zdd and phone-n--umbers of the
the zoning er taw. nto , and designer or
6. Specific reference and response to the arteria --.--
surve
required by the particular special permit for which this --
application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS:
Permit respond to criteria and submittal
Major Projects shah that in addition to the above
requirements). ��
}
features, plans must show detailed utilities,sorts, and
10. Plan of Land b+� May ` topographic information. A set of building elevation and
Each application to the Zoningllolard of Appeals shall be interior of mollyddmV plans will be ctio rmci when the
accompanied by the following described plan. Plans must involves new ioNtxtrwersion and/or a
be submitted with this application to the Town Clerk's proposed change in use. Elevation plans for mirror
Office and ZBA secretary at least thirty(30)days rior to Projects mclud"docks, ,&garages shall be
the public hearing before the Zoning Board of Appeals• included with a side view depicted on fire plot plan,
which include a ground level elevation
10 A. Major Projects
Major projects are those which involve one of the foNowi 11.APPLICATION FK.ING FEES
A. Noti�ation Fees: is to send
whether existing or proposed;a)five or more parking tified
spaces, b)three or more dwelling units,and rrhaK all legal rhotices to all abutters,and then
ic) 2000 square fleet of building area. supply proof of matt g to ZBA secretary. Applicant is
Minor projects that are less than the above limits shall to supply stamps(appropriate current postage)for
require only the plan information as indicated with maihngof deo:hsio m to all parties of interest as
idenfifred in MGLA ch.40A in sec. 11 as listed on the
asterisks () In some cases further information may be application.ZBA Secretary will compute number of
nequired: stamps
B. Applicant is to supply one(1)set of addressed
0 B. Plan Specifications: labels of alkMers to ZBA Secretary who will droit
i) Size of plan: Ten(tO)comes of a plan not to exceed decisions to abutters and partes in interest-
1„t"xi 7", preferred scale of 1'=40' C. Admirastrative fee of$50.00 mon.
i) Plan prepared by a Registered Professional Engineer
and or Land surveyor,with a block for five (5)ZBA ♦ A Special Permit once granted by the ZBA will lapse
signatures and date on molar_ in two (2)years d not exercised and a new petition
must be submitted.
w
A
PAGE 2 OF 4 Date&Time
Stamp
t
Application for a SPECIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS
. Petitioner: Name, address and telephone number.
(\_ Gerard MurokL4
e tet
-he petitioner shall be entered on the legal notice and the decision as entered above.
Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
n`0, r\ e r u r
51feLL, N12. A-�Jue AAA
�_Rl S:j 8 L 5.5Cr
2,5`4- Years Owned Land:
Location of Property:
p r _
a. StreetM Di r Stf ect Zoning District
b. Assessors: Map umber 101S.0 Lot Number: /5'
c. Registry of Deeds: Book Number 51 r+' S Page Number
By-Law Sections under which the petition for the Special Permit is made..
`er to the Permit Denial and Zoning By4_aw Plan Review as supplied by the Building commissioner.
Describe the Special Permit request:
above description shall be used for the purpose of the legal notice and decision. A more detailed description is
lred pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.
Town of North Andover May 14, 2003
North Andover, MA 01845
To Whom It May Concern:
RE. Request for Special Permit;Sonja and Gerard Murphy, 338 Berry Street
1. The particular use proposed for the land or structure. The proposed addition will be
used as a kitchen(ground floor) and bedroom(2"a floor). The construction involves
removing an existing inadequate bedroom on the first floor(it does not have a foundation
under it and is difficult to heat)and the removal and replacement of a portion of the back
(Northerly) roof that is prone to leaking.
2. The specific site is an appropriate location for such use structure condition. Our
property is in Zoning District R2. Our lot meets the required zoning for lot area(43,560
square feet), frontage(150 feet), side(30 feet) and rear(30 feet) setbacks. It is used for
residential purposes. The proposed construction will meet the 30 foot set-back
requirement, but the existing historic house does not.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed
addition will be to the rear(East)of the property. This will be at the opposite end from
the road and will not affect vehicles or pedestrians.
4. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The proposed addition will continue to be utilized for residential use.
5. The use is in harmony with the purpose and intent of the zoning by-law. The
property and the addition will continue to be utilized for residential purposes. It is our
understanding that the intent of the front set-back requirement is to provide sufficient
distance between the dwellings and the road in the zoning district. All the lots in our
neighborhood are one acre or larger;thus, overall dwelling space is a small percentage of
overall open space. Further, our home was built nearly 300 years ago;the fact that the
house sits merely feet from the road adds to the historic landscape and charm of the
neighborhood.
6. Specific reference and response to the criteria required by the particular special
permit for which this application is made. We request a special permit for a
preexisting nonconforming due to existing front setback(section 9 (9.2)of zoning
bylaw). Our home was built circa 1730 and sits merely feet from the front(Westerly)
property line, which is bordered by Berry Street. The house sits perpendicular to Berry
Street so that the front of the house faces South. This positioning of the house eliminates
the possibility of adding to either the West or South. The land to the North of our house
is used for the septic system. The most suitable location for the addition is to the rear
(Eastern side) of the property. Here the proposed addition will be beyond 30 feet from
the front of the property.
�itrrc a,
Zoning Bylaw Review Form
Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:. _ 3 8 . a_ n f
Map/Lot: C / i 5 as
Applicant: �T,ct -i r.
., rt.
1_�n k
Request:
Date: S/9 103
Please be advised that after review of your Application and Plans that your Application is
DEN! _ _ ,
ED for the following Zoning Bylaw reasons:-
Zoning R—
Item Notes Item Notes
A tot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies e s
3 Lot Area Complies LI r. S _3 Preexisting frontage
4 Insufficient Information 4 insufficient Information
B Use 5 No access over Frontage
1 Allowed G' Contiguous Building Area
2 Not Allowed ! ` Insufficient Area
3 Use Preexisting 2_ Complies
4 Special Permit Required 4 e S 3 Preexisting CBA y g
5 insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient : -ell.. 2 Complies
3 Left Side Insufficient 3 Preexisting Height,
4 Right Side Insufficient 4 Insufficient Information e S
5 Rear Insufficient I Building Coverage
JU'Fa
6 Preexisting setback(s) e. 3 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed �' S 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 Com lies
5 insufficient Information 3 insufficient Information
E J Historic District K Parking
1 In District review required 1 More Parking Required
2 Not in district e 5 2 Parking Complies y e
3 Insufficient Information 3 1 Insufficient Information
4 1 Pre-existingParkin
Remedy for the above is checked below.
Item # Special Permits Planning-Board Item# Variance
Site Plan Review Special Permit C-Q 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 Perrt'tits Zoning Board
Independent Elderly Hausin
Special Permit S ecial Permit Non-Conforming Use ZBA
Large Estate Zondo,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 Sign
R-6 Density Special Permitr� Special permit for preexisting
II
Watershed Special hermit 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"I 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.
✓l �"_ aao 3 15=/0-2 ova 3
wilding Department Official Signa .
� 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:
6IDec nn?1-4 r 0 0 `772 ..0mn,1
t�o)r�ir m � a�S !S /2� vtr,e� ori
1 na OSPd Qaloe o,v
5 5�1-q AOa-v-e vn.�JCrJr
S,4 6-4c-k,
q 8y 1A�.�..
voak rPvC-e— X02 nor sle"A C-
VP
ON itri b�W 5 V C- r� Aj ate 4- S r Aati
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Referred To:
Fire. Health
Police Zoning Board
Conservation Department of Public Works
Planning Historical Commission
Other Building De ailment
i
20S 6-pXkyj"
fn
TOWN OF NORTH ANDOVER VARIANCE ps`=
ZONING BOARD OF APPEALS
-4k
Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND
be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE:
hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules
within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal
dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and
incomplete. for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
The information herein is an abstract of more specific cost of the Party in Interest fee.
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. Items th STEP 7: DELIVERY OF LEGAL NOTICE TO
are underlined will be completed by the Town. NEWSPAPER/PARTY 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.
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 shah be petitioner,the Board shall decide on the matter by using
completed. the information it has otherwise received.
Step 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing,a copy of the Board's decision will be
cited in item 10 page 4 of this forma 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
certifying the time and date of filing.The remaining ten -PLANS.
copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of
Appeals secretary. the decision and any accompanying plans at the Essex
County North Registry of Deeds,Lawrence
STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of
Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of
information, the petitioner requests from the Assessors Appeals and the Building Departme"ffice.
Office a certified list of Parties in Interest (abutters).
�. SOC')70
f T-
IMPORTANT PHONE NUMBERS: CD M '
p C'
M
978-688-9541 Zoning Board of Appeals Office -K
978-688-9501 Town Cleric's Office w
978-688- D 4, �uildip JDepartment
,V
MAY 1 5 200
BOARD OF APPEALS
t
Page 2 of 4
Application for a VARIANCE
Zoning Board of Appeals
1. Petitioner: Name, address and telephone number:
N« a
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
r�✓u a m P-r A� D k'(' 01,.1�
yn Pr
Years Owned Land:
3. Location of Pro erty:
a. Street: 1 Zoning District
b. Assessors: Map n6hnber l Q'S Lot Number:_)
c. Registry of Deeds: Book Number Sl 7�-9 Page Number: 5�
4. Zoning Sections under which the petition for the Variance is made.
*Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
*The above description shall be used for the purpose of the legal notice and decision. A more detailed description
Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly be the req pursuant to the
request may result in
a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve
additional items not included above.
6a, Difference from Zoning By-Law requirements: Indicate the dimensiofys that will not meet current
Zoning By-Law Requirements. (A and B are in the case of a lot split) �p� W j
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot sBack
Sq. Ft. Sq. Ft. Coverage Feet Spaces
Front Side A Side B Rear
A. NA-
B. %
1
f
i
0
E
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 Back
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 fleet Spaces FrontSide A Side B Rear
qhjO Mh-- Wd % 1 5V a-L -.01— 30 L90 bad
d. Required Lot: (As required by Zoning By-Law)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces front Side A Side B Rear
N N °� _ 3o 3L
30
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq.feet Building`
I(OA � �a g ` L;
e ZS 1 b2S ln� �-
*Reference Uses from the Zoning By-Law.State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq.feet Building*
*Reference Uses from the Zoning By-Law.State number of units in building. if „ cd reo-&54W 1 5
8. Petitioner and Landowner signature (s): a`
49W xZ,
CQJ�►t .4Q9B�>- "t3 s�. t E�d�^9 nt cW- 300
Every application for a Variance shall be made on this form which is the official form of the L i►�i99 card 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 a 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 In
Si nature 40,014- .J[A ILA
Type above name (s) here e p� C-6a, *D M t i,(L.PN'
PAGE 4 OF 4 VARIANCE
9. WRITTEN DOCUMENTATION
Application for a variance must be supported by a legibly written or
typed memorandum setting forth in detail all facts relied upon. When
requesting a variance from the requirements of MGLA ch.40A, Sec. 10 C. FEATURES TO BE INDICATED ON PLAN:
10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include:
shall be clearly identified and factually supported and addressing 1. North point
each of the following points individually is required with this 2. zoning district(s)
application. 3. names of streets
4. wetlands to be shown on plan (if applicable)
A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius
B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within
topography of such land or structures especially 50'from applicants proposed structure
affecting the property for which the variance is sought 7. deed restrictions, easements
which do not affect generally the zoning district in B. Legend&Graphic Aids:
which the property is located. 1. Proposed features in solid lines&outlined in red
C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines
financial or otherwise, which results from literal 3. Graphic Scales
enforcement of the applicable zoning restrictions with 4. Date of Plan
respect to the land or building for which the variance 5. Title of Plan
is sought. 6. Names/addresses/phone numbers of the
D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or
will be desirable and without substantial detriment to surveyor.
the public good.
E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS:
may be given without nullifying or substantially Major Projects shall require that in addition to the above
derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and
bylaw. topographic information. A set of building elevation and
F. Submit RDA from Conservation Commission when interior of building plans shall be required when the
Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or
application. a proposed change in use. Elevation plans for minor
projects including decks,sheds,&garages shall be
10. Plan of Land included with a side view depicted on the plot plan,
Each application to the Zoning Board of Appeals shall be which includes a ground level elevation.
accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES
be submitted with this application to the Town Clerk's
Office and ZBA secretary at least thirty (30)days prior to A. Notificabon Fees: Applicant is to send by
the public hearing before the Zoning Board of Appeals. certified-mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
10 A. Major Projects Applicant is to supply stamps(appropriate
Major projects are those which involve one of the following current postage)for mailing of decisions to all
whether existing or proposed:a)five or more parking parties in interest as identified in MGLA ch. 40A,
spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary
c)2000 square feet or more of building area. will compute number of stamps.
Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed
require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail
asterisks (*). In some cases further information may be decisions to abutters and parties in interest.
required C. Administrative fee of$50.00 per application.
------------
10 B. Plan Specifications:
a) Size of plan: Ten (10)copies of a plan not to exceed
11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in
b) Plan prepared by a Registered Professional Engineer one(1)year if not exercised and a new petition must
and/or Land Surveyor, with a block for five (5)ZBA be submitted.
signatures and date indicated on mylar.
Page 2 of 4
Application fora VARIANCE
Zoning Board of Appeals
1. Petitioner: Name, address and telephone number
ot- a.n d &e rd fnorokg 'c�cJ r�d2rJ
*The petitioner shag be entered on the legal notice and the deceiOn ss entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
_ -o •�„
1 YYi Pr
Years Owned Land:
3. Location of Property:
a. Street: Zoning District12 a.
b. Assessors: Map n er 1DJLLLot Number.__ i
C. Registry of Deeds: Book Number .Tj -q Page Number ff
4. Zoning Sections under which the petition for the Variance is made.
Seckon 4#1 c t% d -r41 1t.
*Refer to the Permit Denial and Zoning By-L"Platt Review as supplied by the BWWV Com
5. Describe the Variance request
*The above description shall be used for the purpose of the legal notice and decislorL A more d"W description Is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applkant to clearly describe the request may nit in
a dedsion that does not address the intent of the applkatt. The decision will be limited to the request by the appikant and vAl not involve
additional kems not included above.
6a, Difference from Zoning By-Law requirements: indicate the dimenslops that will not meet current
Zoning By-Law Requirements. (A and B are in the case of a lot split) '�
.Lot Area Open Space Percent Lot Frontage Parking Minimum Lot s Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A --fir'— % -- o
B. %
''Not Tt N
r'o4�a *fib
}rra. Zoning Bylaw Review Form
Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 3 ,38 e n n S f
Ma /Lot: 1080-
Applicant:
ogCAp licant: 15 Z-A -+- Qe arc �1 n
Request:
Date:
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zonin R—
Item Notes Item
A Lot Area Notes
F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies e S
3 Lot Area Complies 11e S 3 Preexisting frontage
4 Insufficient Information 4 Insufficient In ormation
g Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required y e S 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient w + 2 Complies
3 Left Side Insufficient 3 Preexisting Height '
4 Right Side Insufficient 4 Insufficient Information M Ne g
5 Rear Insufficient I Building Coverage ^,
6 Preexisting setback(s) -t- 5 1 Coveraa exceeds maximum
7 Insufficient Information 2 Caves e Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed L e S 4 Insufficient Information
2 In Watershed -T Sign
3 Lot prior to 10/24/94 _11101 Sign not allowed AZI
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District I( Parking
1 In District review required 1 More Parking Required
2 Not in district e S 2 Parking Complies e
3 Insufficient Information 3 Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
Item # Special Permits Planning Board Item# Variance
Site Plan Review Special Permit t- Setback Variance
Access other than Frontage Special Permit Parkin Variance
Fronta a Exception-Lot Special Permit Lot Area Variance
Common Drivewa S ecial Permit Hei ht Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly HousingSpecial Permit Special Permit Non-Conforming Use ZBA
Lar pe Estate Condo S al Permit Earth Removal Special Permit ZBA
Planned Development District Special Permit Special Permit Use not Listed but Similar
Planned Residential S ecial PermitS all-Permit for Sign
R-6 Density Special Permit Special permit for preexisting
nonconforming
Watershed Special Permit
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
provide definitive answers to the above reasons forthe applicant serve to
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.
�..cT--/c52-ave
uit din De artment Off' ' 3
9 p ictal Signatul!a Application Received Application Denied
r
Flan 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:
ItemTV
o 'r-
-rh,t Q S �7ruG�ur
/J r - 1416 ClvNJoe)r -r- 40
Y-, 4(,-� Z --,4 sem- 6 A c-k ,
5CC-41 o Ad q C 9% a)m�`.z0N,/, t"3 y la LI-1�
EJ V C--'k bAW -A e-4-0
Referred To:
Fire Health
Police Zonina Board
Conservation Department of Public Works
Planning Historical Commission
Other Building Department
Town of North Andover. Zoning Board of ARMds
Parties of Interest/Abutters Ligti �
�t
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this
chapter shall mean the petitioner, abutters,owners of land directly 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 taxlist,
notwithstanding that the land of any such owner is located in another COY 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'
ar°t'h sex .�
M ss -
ABUTTERS PROPS `�1----"
MAP PARCEL NAME ADDRESS
lrus
WK
.� r" 1
oo(a Amp
D5 3a.) HiQ t m•t��r + e -- J�
-obc UARIS-MMef 134Lt,- s-rewtnei ;Lb.0o 7u ✓y A/K Sti2c T
1 C ' 1�-65 �2rTi!57 ;Qjd y 7CH/N _111 90,50 ?v.eN�tK 5'7'le j
LOKC Dag
— FSG — a U ov�R S
Oil A41PWAL-i SANLAAM-E 1602
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gAAL9V CdaP6C 17.4e. - 10 B 12K'y <S7R T
Y
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFF.
ICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY.
DATE
SI ATURE PAGEOF
C�titie Deft
Boar of Ass o North Andover
Town of North Andover May 14, 2003
North Andover, MA 01845
To Whom It May Concern:
RE. Request for Variance;Sonja and Gerard Murphy, 338 Berry Street
A. The particular use proposed for the land or structure. We are requesting a variance on the front
set-back dimensional requirement for the purpose of constructing an addition. The addition will be
used as a kitchen(ground floor)and bedroom(2nd floor). The construction will include the removal
of an inadequate first-floor bedroom
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
would like to build an addition. Our home sits merely feet from the front property line(the front of
the property faces West and is bordered Berry Street). The house sits perpendicular to Berry Street
so that the front of the house faces South. This positioning of the house eliminates the possibility of
building an addition to the West or South. The land to the North of our house is used for the septic
system. The most suitable location for the addition is to the rear(Eastern side)of the property.
Here the proposed addition will be greater than 30 feet from the front of the property.
C. Facts which make up the substantial hardship,financial or otherwise,which results from
literal enforcement of the applicable zoning restrictions...Our home was built circa 1730,
obviously predating current zoning laws. The house sits two feet from the front property line and
approximately seven feet from Berry Street. Literal enforcement of the applicable restriction(given
that we can not move the road)would require us to move the house back to the center of our lot.
This would be a severe financial hardship for us, and would compromise the integrity of this historic
house. Our land does comply with the required lot size(43,560 sq. ft.)and we do meet the frontage
(150 ft.), side set-back and rear set-back requirements(30 ft).
D. Facts relied upon to support a finding that relief sought will be desirable and without
substantial detriment to the public good. The East side of our house is relatively hidden from the
neighborhood and is woodlands. There are also sections of woods on both the North and South
property lines that provide a buffer between our neighbors and us. The proposed addition will have
minimal impact on the street scene. Further it is designed to compliment the historic character of the
existing house. Some homes in our neighborhood have added on, and our neighbors will find it
desirable that our house will be improved to meet the growing neighborhood standards.
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 front set-back requirement is to provide sufficient distance between the
dwellings and the road in the zoning district. In our case,our home was built nearly 300 years ago,
many years before current zoning by-laws. The fact that the house sits merely feet from the road
adds to the historic landscape and charm of the neighborhood. Additionally, all the lots in our
neighborhood are one acre or larger and are predominantly wooded;thus,there is a sufficient buffer
to maintain the rural character of the neighborhood
F. Submit RDA from Conservation Commission when Continuious Buildable Area is applied for
in ZBA application. Not applicable.
{.
Town of North Andover, Zoning Board of Anneals
Parties of Interest/Abutters-Listing
REQUIREMENT: MGL 40,49 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 f3ooj 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 crit'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
rb k4
�ri'h sexIS cdS S06Q t , Ss
ABUTTERS PROPS S
MAP PARCEL NAME ADDRESS
T � ,a4
is
o � {
N Ate•
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— 70tc .� C1�R1�-tPtf �t1Lth- stn2T P-h�® 7qIJA y pIKS'r�PcT
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inVI
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- I o G ' l -l1V F
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY: _
DATE
SI ATURE PAGE OF
r
cow1e
Boar of Ass o North Andover
Town of North Andover °RTM
Office of the Zoning Board of Appeals
Community Development and Services Division
•"sem �°r
27 Charles Street "� -•• ` '
North Andover,Massachusetts 01$45 'ss�c
D. Robert Nicetta 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 Senior Center, 120R
Main Street,North Andover,MA on Tuesday the 10`h of June 2003 at 7:30 PM to all parties interested in
the appeal of Sonja&Gerard Murphy,338 Berry Street,North Andover,requesting a dimensional
Variance from Section 7,Paragraph 7.3 and Table 2 for the front setback of a pre-existing dwelling;and a
Special Permit from Section 9,Paragraph 9.2 in order to construct a proposed addition on a pre-existing
non-conforming dwelling on a pre-existing,non-conforming lot.
The said premises affected are properties with frontage on the South side of Berry Street within the R-2
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 J.Sullivan,Chairman
Published in the Eagle Tribune on May 26&June 2,2003.
Legalnotice 2003-019.
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Board of APP g Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Plaiwing 978 $8
-9535