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HomeMy WebLinkAboutMiscellaneous - 116 BEVERLY STREET May- 17-02 13: 25 P.03 Town of North Andover Office of the Zoning Board of Appeals °�•�''' �'c Community Development and Services Division ' 27 Charles Street North Andover,Massachusetts 0184.5 '�a,�• ��' D. Robert Nicelta Telephone(978)688-.9541 Building Commissioner Fax(978)688-9542 Date TO: Town of North Andover Zoning Beard of Appeals 27 Chirles Street c Noah Andover MA 01845 =N. CD z co CD D C A < Please be advised that T have agreed to waive the time constraints for the Zoning Boaft. M appeals to make a decision regarding the granting of a Variance and/or Special Permit for - property located ac –j STREET: TOWN: Cj® VEA MEETING T3A'1'.E(5): [o sf p on v d fir.m -;-q -p*'-t �0 6- 11- o a. NAME OF PETITIONER: AP to OA, jL4 - e Signed: P titioner(or ionces reprep ntat- e) WAIVER ROARD Uii APPKAI S 688.9541 RU11 TANG 6HR-4S45 CONSERVATION 6MR-9570 III-ALM 688 9540 PLANNRVt_$88•'Jsvi U D MAY 2 0 2002 BOARD OF APPEALS TOWN OF NORTH ANDOVER VARIANCE <{, =k ZONING BOARD OF APPEALS .,,.,.,...:. Via•._�, . ..,. .,... .. '� :.•.; ..,..;'. `.,��.!` w Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information mush STEP 6:SCHEDULING OF HEARING AND be submitted thirty U 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 i 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. E requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them.items that STEP 7: DELIVERY OF LEGAL NOTICE TO 'F are underlined will be completed by the Town. NEWSPAPERIPARTY"IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town 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 Department Office. Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: �r-nrn -v a C--)�a >J;M 978-688-9541 Zoning Board of Appeals Office ter`-)>< 978-688-9501 Town Clerk's Office -p oMUa 978-688-9545 Building Department � m C:) Page 2 of 4 Application for a VARIAN C E Zoning Board of Appeals I. Petitioner: Name, address and telephone number: { Anth= F_ Addoni7jo 1200 Salem Street Unit 1199 Lynnfield MA 01940 (978) 407-6154 i *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: Anthnnj F Ardrinni 7.i n and Ant-h!nnU P_ Ar91!1nnj 7.i n TT 1200 Salem Street, Unit 119 , T,)=field. MA 01940 Years Owned Land: l year 3. Location of Property: a. Street: 116-118 Beverly Street Zoning District R-4 b. Assessors: Map number-_2 _Lot Number: 52 c. Registry of Deeds: Book Number 6074 Page Number: 72 (North Essex Registry) March 29, 2001 4. Zoning Sections under which the petition for the Variance is made. Section 7. Paragraphs 7.3 and Table 2 of Zoning Bylaws. *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request Ann icant seeks a Nrariance for front setback side setbacks and rear setback for a =-ex stinng non-confnrmi g residential structure *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request a decision that does not address the intent of the applicant. The decision will be limited to the may result in request ill the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. 8,rnn -n/a n/a % 6_ n,.&_ I&L 11.70 11.40 .20 B. % 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 8 Rear 4,000 n an a % 40 n/a 11.9 3.3 3.6 29.8 c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % o� 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 i` 19,son --n— —n 4;;--% 1 On 3Il. 1_5 1 r; 30_ k 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 1,426 3 3.878 Residential *Reference Uses from the Zoning By-Law.State number of units in buikfing. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building` i *Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form which is the official farm 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 dis 1 the Zoning Boa of this ap tion s inpornplete. Si nature Type above name (s) hereAr�ricu�.izc�— i i Ir 1 PAGE 40F4 VARIANCE i 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 Y 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 constructioniconversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks,sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified-mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A.Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks(*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) 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. MEMORANDUM The Applicant seeks a Special Permit and dimensional variances for a pre-existing non- conforming residential (three family) structure. This is a very old structure that pre-dates the Zoning Laws of North Andover. There recently occurred a small fire in the third floor unit and the Applicants want to rebuild/renovate the unit so as to continue the use as a three-family residence. The building is located in a R-4 district among other residences. The use is in harmony with the general purpose and intent of the Zoning By-Law and desirable relief may be granted without substantially derogating from the intent a purpose of the Zoning By-Law. i I TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE I and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest(abutters) and ` be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attomey. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: ECI ION: as required in items 1 through and including 11 shall be completed. After the hearing, a co of the Board's decision will be copy sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts Step 3: PLAN PREPARATION: � Petitioner submits all of the required plan information as General Laws ch.40A sec. 17,within twenty(20)days cited in item 10 page 4 of this foram, after the decision is filed with the Town Clerk. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) original of all the required PLANS' information and 10 xerox copies to The petitioner is responsible for recording certification of p the ZBA Secreta The original will be stamped by the Town Clerk ry the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence" Massachusetts, and shall complete the Certification of copies will remain at the office of the Zoning Board of p Appeals secretary. Recording fomn and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required 4 information, the petitioner requests from the Assessors ti o Office a certified list of Parties in Interest(abutters). ;'q� , � irs� -n r->< E V Crnarn { ":PR 1 7 2002 ry rj= f r o C,0 � AA=P.5P►L.S...:;. ,...�.�.-k. `.., _...,.., l`4s'.t., &S.,kd..ia`K1.. IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 2 OF 4 Date&Time Stamp Application fora SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS SIMON 1. Petitioner: Name, address and telephone number: Anthony F. Addonizio 1200 Salem St., Unit 119, Lynnfield, MA 01940 (978) 407-6154 *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: Anthony F. Addonizo and Anthony F. Addonizio II 1 -DO Salern Street, Unit 199, LyMfi P1 d, MA 01.940 Years Owned Land: 1 year 3. Location of Property: a. Street: 116-118 Beverly St. Zoning District R-4 b. Assessors: Map number 9 Lot Number: 52 c. Registry of Deeds: Book Number 6074 Page Number: 72 (North Essex Registry) March 29, 2001 4. By-Law Sections under which the petition for the Special Permit is made. Section 9. (9.1:) (9.2)(9.3) Non-conforming Uses - pre-existing non-conforming residential structure *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: The property had a fire Aon the third floor unit after it was purchased by the present owners. The property is a pre-existing non-conforming residence which was originally built and has continued as a three (3) family house. Applicants want to rebuild the third floor unit where the fire occurred and neck a Special Permit from the Zoning Board of Appeals. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. i I i I Page 3 of 4 Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq.. Ft. Coverage Feet Spaces Front Side A Side B Rear 4,00�— _'� '_ 40 11.9 3.3 36 298' b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� 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 12,500 n a n a % 100 - 3 15 15 30 7, a. Existing Buildings: Ground Floor Number of Total Use of ' Number Square feet Floors Sq.feet Building* of Units 1,426 sa ft 3 3,878 Residential 3 *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: n/a Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units *Reference Use Code numbers and Uses from the ZoningOrdinance. State number of units in building. 8. Petitioner and Landowner signature (s) Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the`Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si nature Type above name (s) here Anthony F. Addonizio PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on 1. North point MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 2. zoning district(s) and P 9.2 Special Permit Granting Authority shall be clearly 3. names of streets identified and factually supported: Addressing each of the 4 wetlands to be shown on plan (if applicable) below points individually is required with this 5. abutters of property,within 300 foot radius application. 6. location of buildings on adjacent properties within 1, The particular use proposed for the land or structure. 50'from applicants proposed structure 7, deed restrictions, easements 2. The specific site is an appropriate location for such B. Legend&Graphic Aids: use,structure or condition. 1. Proposed features in solid lines&outlined in red vehicles or ped 3. There will be pedestrians.nuisance or serious hazard to 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Plan the proper operation of the proposed use. . Title of Plan. the zoning by-law. 5. The use is in harmony with the purpose and intent of 55Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer or surveyor. 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 shall require that in addition to the above requirements). features, plans must show detailed utilities, soils, and 10. Plan of Land topographic information. A set of building elevation and Each application to the Zoning Board of A interior of building plans will be required when the Rpl g plan. P shall u application involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor be submitted with this application to the Town Clerk's projects including decks,sheds,8 garages shall be "Office and ZBA secretary at least thirty(30)days prior to included with a side view depicted on the plot plan, the public hearing before the Zoning Board of Appeals. which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major projects are those which involve one of the following A. Notification Fees:Applicant is to send by certified whether existing or proposed: a)five or more parking mail all legal notices to all abutters, and then spaces, b)three or more dwelling units,and supply proof of mailing to ZBA secreta Applicant is c)2000 square feet of building area. g secretary. pp 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 mailing of decisions to all parties of interest as identified in MGLA ch.40A in sec. 11 as listed on the asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one(1)set of addressed 10 B. Pian Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10)copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application. b) Plan prepared by a Registered Professional Engineer and or Land surveyor,with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two(2)years if not exercised and a new petition must be submitted. • of MONrk� �_ Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover MA 01845 `N°SEt Ph6nc'87'S`°688-9545 Piz 9I8=6t 8-9542 k Map /Lot: Q licant' ti Zi a Request: 0 A1 f- C e cv�s F .,...�,. . A ..._,G.. f /tic rJ fc� 7-ir�e a Date: t Please be advised that after review of your Application and Plans that your Application is DENIED for the followi Zoning Bylaw-reasonsc Zoning Item Notes Item A Lot AreaNotes _ F Frontage: 1 Lot area insufficient 1 Frontage Insufficient 2 Lot Area PreeXistin e � �... . , 2.._ Frontage Coni -lies 3 Lot Area Complies 3 Preexisti fronta 5 4 Insufficient Information e 9" 4 Insufficient Information B Use 5r No access over Frontage 1 Allowed G Contiguous Building Area . . 2 Not Allowed 1 I Insufficient Area 3 Use Preexisti n .. 2 Complies 4 Special Permit Required 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 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4- Insufficient Information 5 Rear Insufficient l Building Coverage 6 Preexistingsetbacks " e O S 1 ' Cover-age exceeds maximum 7 Insufficient information 2 Coverage Complies D Watershed 3 Coverage Preexisting Lf 1 Not in Watershed S �=S 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10%24/94 A 1 Sign not allowed 4 Zone to be Determined 2 Sin Complies !F Insufficient Information 3 , insufficient information E Historic District K Parking 1 In District review r uired 1 More Parkin Required 2 Not in district L f g 2 Parking Complies 3 Insufficient Information 3 Insufficient Information - 4 —Pre-existing Parkin S Remedy for the above is checked below. Item # Special Permits Plannin` Board _. Item# Variance Site Plan Review Special Permit Setback Variance Access other than t=ronta e S ecial Permit -Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Drivewa S ecial Permit Height Variance Congregate Nousin special Permit " Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderl Nousin ,S ec ,l:Permit Special Permit Non-Conforming Use-ZBA Large Estate Condo Special Permit Earth Removal Spec Permit ZBA Planned Deveio lztent District S ecial Permit -Special Permit Use not Listed but Similar Planned Residential special Permit S ecial Permit for Sign R-ti Density spa ial Permit. _ Special Permit preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and infornmtion submitted. No definitive review and or advice shall be based on verbal explanations by the.�nt nor shall verbal lsubmonsb the exP Y applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submi ted by the applicant shall be grounds for this review to be vaded at the discretion of the Building Department.The attached document titled-Plan Review Narrative-shall be attached hereto and incorporated herein by reference. The buildingdepartment will retain all plansaril O wumentation for the above file:You must file a new building , permit application form and begin the permitting process• l � Building Department,Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative 4 a The following narrative is provided to furtherrpttreasons fpr dei%at the applica#ic�ri permit for the property indicated on thereverse si e: x 4 /�. T ` l 2t`lyh7" rev �- ��l�F �c�c�l %ii ":.s.b' R a,.• ...: a ,. .. . .r- '7t"�I A 1p"_ it Referred To: Fire Po lice tonin Sdard; Conservation Ment of Public Works ., Plannin Hi oriedl Commission Other BUILDING DEPT April 47 2002 Mr. Robert Nicetta North Andover Building Dept. North Andover, MA 01845 I Anthony Addonizio, owner of 116-118 Beverly Street,North Andover,requests a building permit to complete renovation of the third floor which was damaged in a fire on March 14, 2002. I agree that work performed on the third floor does not grant me any legal right to use the third floor as a separate apartment until I obtain approval from the Board of Appeals for a special permit. Sincerely, L .mss--------- Anthony Addonizio f COLLOPY ENGINEERING CONSULTANTS 65 AYER STREET METHUEN, MA 01844 FRANCIS H.COLLOPY REsoENCE: H 685-7969 REG.PROFFESIONAL ENGINEEER OFFICE/FAX CIVIL STRUCTURAL DYNAMICS April 10, 2002 Building Inspector Zoning Board of Appeals North Andover Municipal building - North Andover, MA 01845` To Whom It May Concern: I am writing in regards to the residential building at 116-118 Beverly Street in North Andover, MA.- This' location .was the scene of a recent fire in the third story unit and roof . I"was requested by a Fire Adjustment company to inspect the building and to determine what roof framing was required to repair the burnt roof and to meet existing Building codes. The Owner wanted to achieve a more open look on the top floor such as a cathedral ceiling or vaulted ceiling, yet maintaining the same hook on the exterior. I provided the Owner with a Design Report which provided the required framing and recommendations for strengthening the main support beams in the basement . I visited the residence on March 25, 2002, and then provided the Design Report dated April 4, 2002 to the Owner. While at this location I was able to observe the structure and overall layout of this building. I observed the similar layout of the rooms on all three floors, the common layout of the front and rear stairs, the similar bearing wall locations, the common layout and location of the pantry and kitchen on all three floors, as well as the bathroom. In my opinion, it is a three story building. The layout and location of the stairs strongly suggests that this is the original layout of the building, namely a three story building with three living units. It was easy to come to that conclusion and a site visit by anyone involved in housing in Greater Lawrence would readily result, in_that conclusion as well . ' I have lived in Greater Lawrence all my life, and have been in similar houses where often time we referred to them as "three deckers" . In the course of being involved with the Structural Engineering of residential buildings for some time now, I have had the occasion to investigate many three story buildings in Lawrence and Lowell for those respective Cities Development Departments . Therefore, :it is my professional opinion that the building at 116-118 Beverly Street in North Andover is a three story building, and was built as such. If you have any questions concerning this matter, please do not hesitate to call this office. � tca ofiySincerely, COLLOPY ENGINEERING CONSULTANTS FRANCIS H. COLLOPY 2017 G e 4 Francis H. Collopy, P.E. Structural Engineer Bks 60 7 G 7 2 QUITCLAIM DEED Property Address: 116-118 Beverly Str eet North Andover, MA I, Konstandinos Chougris, Trustee of West Meadow Realty Trust u/d/t dated June 11, 1999, For consideration paid of Two Hundred Forty Thousand and N0/100 Dollars ($240,000.00), Grant to Anthony Addonizio, I and Anthony Addonizio, 11 of 1200 Salem Street, Unit#119, Lynnfield, Massachusetts 01940 ' 191VA 9rlThoti`'f F /I 'tzo -f• 44� 1l•d+Lle�.u* .y- -4 i94Tk3 with QUITCLAIM CPIVENANTS: 7 The land in North Andover, County of Essex, Commonwealth of Massachusetts, known as 116-118 Beverly Street, together with the buildings thereon, bounded and described as follows: Being part of Lot 21 shown on Plan of Waverly Park, recorded in Essex North Registry of Deeds, Book 173 and bounded: NORTHERLY one hundred (100) feet by a way ten (10) feet wide along the Northerly portion of said Lot No. 21, (land now or formerly of Alexander R. Stewart, et ux, and once of Edward and Emily Ann Walker); EASTERLY forty (40) feet by land once of Edward and Emily Ann Walker and now or formerly of said Alexander R. Stewart, et ux; SOUTHERLY one hundred (100) feet by Lots numbered 22 and 23 on said plan; WESTERLY forty (40) feet by the Easterly line of Beverly Street. This conveyance is made subject to any restrictions now in force or effect or otherwise applicable on record. Being the same premises conveyed by deed of George Saragas and Elaine Saragas, Trustees of the Beverly Norris Realty Trust to Grantor dated June 11, 1999, recorded with said Deeds at Book 5461, Page 231. Executed as a sealed instrument this 29th day of March, 2001. APR f2501> m;;57 West Meadow Ret y Tr t m m x By: Tom. Q 31 Konstandinos Chongris, Trustee to Commonwealth of Massachusetts Essex, ss. March 29, 2001 . 0. Then personally appeared before me the above-named Konstandinos Chongris, Trustee as aforesaid and acknowledged the foregoing instrument .to be his free act and deed, and the free act and deed of said Trust, before me, r Notary Pub 'c _, — •��;: My Commission E ires:�—/9' O r G:\C1'eryl\Rc21Est3t6C1'0119i is\beverly stteedDeed 2x.duc Town of North Andover RTIf v 7 Office of the Zoning Board of Appeals 0 commu 7" nity Development and Services Division 27 Charles Street _ North Andover,Massachusetts 01845 '�'U"JUL 2? P 3: D. Robert Nicetta Telephone(978)688-9541 Building Conunissio"Mny appeal shall be filed Notice of Decision Fax(978)688-9542 within(20)days of the Year 2002 date of filing of this notice in the office of the To"Clerk Property at: 116-118 Beverly Street NAME: Anthony F.Addonizio DATE: July 22,2002 ADDRESS: 116-118 Beverly Street PETITION. 2002-026 North Andover,MA 01845 HEARING: 7/9/02 The North Andover Board of Appeals held a public hauing at its regular meeting on Tuesday,July 9,2002 at 7:30 PM upon the application ofAnthony F.Addonizio, 1200 Salem St,Unit 119,Lynnfield,MA 01940,for premises at: 116-118 Beverly Street,North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2,for relief of front,right&left side&rear setbacks of a pre-existing, non-conforming structure,and for a Special Permit under Section 4,Paragraph 4.122,Sub-Paragraph 14 to permit a third family dwelling in the existing structure. Also,a Special Permit from Section 9,Paragraphs 9.1,9.2,&9.3 to allow the repair of fire damage to the third family unit of the non-conforming three family dwelling on a non-conforming lot within the R-4 Zoning District. The following members were present: William J.Sullivan,Walter F.Soule,Robert P.Ford,Scott A- KaMinski,Ellen P.McIntyre,and Joseph D.LaGrasse. Upon a motion made by Walter F.Soule and 2a4 by Scott A.Karpinski,the Board voted to GRANT the Special Permit under Section 4,Paragraph 4.122.14 allowing a third family dwelling;and under Section 9, Paragraphs 9.1,9.2,&9.3 to allow the repair of fire damage to a pre-existing,non-conforming structure on a pre-existing,non-conforming lot according to the plan of land titled Existing Conditions,dated 4-14-02 by John W.Hargreaves,Jr.,Registered Professional Engineer#42426,GA Consultants,Inc., 10 State Street, Newburyport,MA 01950. The Board finds that the petitioner has satisfied the provisions of Section 10,paragraph 10.31 of the Zoning Bylaw and that the granting of this Special Permit will be in harmony with the general purpose and intent of the Zonmg Bylaw. Voting in favor: William J.Sullivan, Walter F. Soule,Robert P.Ford,Scott A.Karpinskt and Ellen P.McIntyre. Upon a motion made by Walter F.Soule and Z'Aby Ellen P.McIntyre,the Board voted to allow the petitioner to WITHDRAW HIS VARIANCE PETITION WITHOUT PREJUDICE. Voting in favor of the withdrawal of the Variance: William J.Sullivan,Walter F.Soule,Robert P.Ford,Scott A.Karpinski, and Ellen P.McIntyre, 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 reestablished only after notice,and a new hearing. Town of North Andover Board of Appeals, William J.bulivan,Chairman Decision2002-025 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535